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Contents Federal Register Vol. 74, No. 57

Thursday, March 26, 2009

Agricultural Marketing Service Sabine River, Echo, TX, 13164–13166 PROPOSED RULES NOTICES User Fees for 2009 Crop Cotton Classification Services to Recreational Boating Safety Projects, 13219–13220 Growers, 13128–13129 Commerce Department Agriculture Department See Census Bureau See Agricultural Marketing Service See International Trade Administration See Commodity Credit Corporation See National Oceanic and Atmospheric Administration See Federal Crop Insurance Corporation NOTICES See Foreign Agricultural Service Agency Information Collection Activities; Proposals, See Forest Service Submissions, and Approvals, 13176–13177 See National Agricultural Statistics Service RULES Commodity Credit Corporation McGovern Dole International Food for Education and Child RULES Nutrition Program and Food for Progress Program, McGovern Dole International Food for Education and Child 13062–13082 Nutrition Program and Food for Progress Program, NOTICES 13062–13082 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 13173–13174 Agricultural Water Enhancement Program, 13174

Antitrust Division Community Development Financial Institutions Fund NOTICES NOTICES National Cooperative Research Notifications: Applications: Development And Evaluation Of A Gas Chromatograph CY 2009 Allocation Round of the New Markets Tax Testing Protocol, 13228 Credit (NMTC) Program, 13310–13311 National Cooperative Research Notifications: Development of Rapid, Reliable, and Economical Comptroller of the Currency Methods for Inspection and Monitoring of Highway NOTICES Bridges, 13228 Agency Information Collection Activities; Proposals, Joint Venture under TIP Award No. 70NANB9H9007, Submissions, and Approvals, 13311–13312 13227 National Center for Manufacturing Sciences, Inc., 13227– Copyright Office, Library of Congress 13228 NOTICES Network Centric Operations Industry Consortium, Inc., Meetings: 13228–13229 Facilitating Access to Copyrighted Works for the Blind or TeleManagement Forum, 13229–13230 Persons With Other Disabilities, 13268–13270

Census Bureau Defense Acquisition Regulations System NOTICES NOTICES Agency Information Collection Activities; Proposals, Defense Acquisition Regulations System: Submissions, and Approvals, 13177–13178 Defense Base Act Insurance Acquisition Strategy; Questions for Industry and Other Interested Parties, Centers for Disease Control and Prevention 13197–13199 NOTICES Agency Information Collection Activities; Proposals, Defense Department Submissions, and Approvals, 13210 See Defense Acquisition Regulations System

Coast Guard Department of Transportation RULES See Pipeline and Hazardous Materials Safety Drawbridge Operation Regulation: Administration Gulf Intracoastal Waterway (Algiers Alternate Route), Belle Chasse, LA., 13116–13118 Education Department Safety Zones: NOTICES Chicago Harbor, Navy Pier Southeast, Chicago, IL, 13118 Agency Information Collection Activities; Proposals, Transportation Worker Identification Credential (TWIC): Submissions, and Approvals, 13199–13200 Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver’s Employee Benefits Security Administration License, 13114–13116 NOTICES PROPOSED RULES Grant of Individual Exemption to Replace Prohibited Drawbridge Operation Regulation: Transaction Exemption: Gulf Intracoastal Waterway (Algiers Alternate Route), Citigroup Global Markets Inc., Formerly Salomon Smith Belle Chasse, LA, 13161–13164 Barney Inc., New York, NY, 13231–13235

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Prohibited Transaction Exemptions and Grant of Individual Bombardier Model CL–600–2B19 (Regional Jet Series 100 Exemptions: & 440) Airplanes, 13086–13089 Camino Medical Group, Inc. Employee Retirement Plan Empresa Brasileira de Aeronautica S.A. (EMBRAER) (the Retirement Plan) et al., 13235–13241 Model ERJ 170 Airplanes and Model ERJ 190 Proposed Exemptions: Airplanes, 13096–13098 PNC Financial Services Group, Inc. (PNC Financial) et General Electric Company CF6 80C2 and CF6–80E1 al., 13242–13261 Series Turbofan Engines, 13092–13094 Hawker Beechcraft Corp. Model MU–300–10 Airplanes Employment and Training Administration and Model 400 and 400A Series Airplanes; and NOTICES Raytheon (Mitsubishi) Model MU–300 Airplanes, Withdrawal of Interpretation of the Fair Labor Standards 13084–13086 Act Concerning Relocation Expenses Incurred by H–2A Operations in Controlled Airspace Designated for an and H–2B Workers, 13261–13262 Airport, 13098–13099 Workforce Investment Act; Lower Living Standard Income PROPOSED RULES Level, 13262–13266 Airworthiness Directives: Airbus Model A330–201, –202, –203, –223, –243, –301, Employment Standards Administration –302, 303, –321, –322, –323, –341, –342, and –343 See Wage and Hour Division Airplanes, 13144–13146 Airbus Model A330–300, A340–200, and A340–300 Energy Department Series Airplanes, 13148–13152 See Federal Energy Regulatory Commission Dassault Model Mystere Falcon 20–C5, 20–D5, 20–E5, and 20–F5 Airplanes, 13147–13148 Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Approval and Promulgation of Implementation Plans: Submissions, and Approvals, 13305–13306 Revisions to the Alabama State Implementation Plan; Environmental Impact Statements; Availability, etc.: Birmingham and Jackson Counties, 13118–13122 Barter Island Airport Improvement Project, Kaktovik, AK, Approval and Promulgation of State Air Quality Plans for 13306–13307 Designated Facilities and Pollutants: Meetings: Arizona; Pima County Department of Environmental Research, Engineering and Development Advisory Quality; Control of Emissions From Existing Other Committee, 13307 Solid Waste Incinerator Units, 13122–13124 Petition for Exemption; Summary of Petition Received, Hazardous Chemical Reporting; Tier II Inventory 13307 Information, 13124–13125 Rulemaking to Reaffirm the Promulgation of Revisions of Federal Communications Commission the Acid Rain Program Rules; Withdrawal, 13124 RULES PROPOSED RULES Radio Broadcasting Services: Approval and Promulgation of Air Quality Implementation Evart and Ludington, MI, 13125–13126 Plans: PROPOSED RULES Louisiana; Baton Rouge 1-Hour Ozone Nonattainment Television Broadcasting Services: Area; Determination of Attainment of the 1-Hour Bryan, TX, 13171–13172 Ozone Standard, 13166–13170 NOTICES Approval and Promulgation of Implementation Plans: Agency Information Collection Activities; Proposals, Revisions to the Alabama State Implementation Plan; Submissions, and Approvals, 13207–13208 Birmingham and Jackson Counties, 13170 Intent to Reestablish Technological Advisory Council, Approval and Promulgation of State Air Quality Plans for 13208 Designated Facilities and Pollutants: Arizona; Pima County Department of Environmental Federal Crop Insurance Corporation Quality; Control of Emissions From Existing Other RULES Solid Waste Incinerator Units, 13170–13171 Common Crop Insurance Regulations, Tobacco Crop NOTICES Insurance Provisions, 13055–13061 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13204–13205 Federal Election Commission Meetings: NOTICES National Advisory Committee for Acute Exposure Filing Dates for the California Special Election in the 32nd Guideline Levels for Hazardous Substances, 13205– Congressional District, 13208–13209 13206 Science Advisory Board Homeland Security Advisory Federal Energy Regulatory Commission Committee, 13206 RULES Long-Term Firm Transmission Rights in Organized Federal Aviation Administration Electricity Markets, 13103–13111 RULES PROPOSED RULES Airworthiness Directives: Smart Grid Policy, 13152–13161 Bombardier Model CL 600 2B19 (Regional Jet Series 100 NOTICES & 440) Airplanes, 13089–13092 Applications: Bombardier Model CL 600 2C10 (Regional Jet Series 700, Madison Paper Industries and Hydro Kennebec Limited 701, & 702) Airplanes, Model CL 600 2D15 (Regional Partnership et al., 13200–13201 Jet Series 705) Airplanes, et al., 13094–13096 Dominion Cove Point LNG, LP, 13201

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Combined Notice of Filings, 13201–13203 Lassen County Resource Advisory Committee, Susanville, Filings: CA, 13175 Saranac Power Partners, L.P., 13203–13204 Siskiyou County Resource Advisory Committee, 13175 The Colorado Recreation Resource Advisory Committee, Federal Highway Administration 13175 NOTICES Agency Information Collection Activities; Proposals, Health and Human Services Department Submissions, and Approvals, 13307–13308 See Centers for Disease Control and Prevention See Food and Drug Administration Federal Housing Financing Agency See National Institutes of Health RULES Capital Classifications and Critical Capital Levels for the Homeland Security Department Federal Home Loan Banks, 13083–13084 See Coast Guard See Transportation Security Administration Federal Mine Safety and Health Review Commission NOTICES Housing and Urban Development Department Meetings; Sunshine Act, 13270 NOTICES Agency Information Collection Activities; Proposals, Federal Reserve System Submissions, and Approvals, 13220–13221 NOTICES Interior Department Change in Bank Control Notices: Acquisition of Shares of Bank or Bank Holding See Fish and Wildlife Service Companies, 13209–13210 See Land Management Bureau International Trade Administration Federal Trade Commission NOTICES RULES Antidumping: Rules and Regulations Under the Textile Fiber Products Ball Bearings from France, Germany, Italy, Japan, and the Identification Act, 13099–13103 United Kingdom, 13190–13192 Fish and Wildlife Service Frozen Warmwater Shrimp from the Socialist Republic of Vietnam and the People’s Republic of China, 13178– NOTICES Endangered and Threatened Species Permit Applications, 13189 13221–13222 Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand, Food and Drug Administration 13189–13190 RULES Applications for Duty-Free Entry of Electron Microscopes: Change of Addresses and Names; Technical Amendment, University of Colorado, et al., 13192 13111–13114 Justice Department New Animal Drugs for Use in Animal Feeds; CFR See Antitrust Division Correction, 13114 NOTICES NOTICES Consent Decrees: Agency Information Collection Activities; Proposals, Texas, In re Asarco LLC, 13227 Submissions, and Approvals, 13213–13214 Center for Biologics Evaluation and Research eSubmitter Labor Department Pilot Evaluation Program for Source Plasma See Employee Benefits Security Administration Establishments, 13210–13211 See Employment and Training Administration Draft Guidance for Industry: See Occupational Safety and Health Administration Use of Serological Tests to Reduce the Risk of See Wage and Hour Division Transmission of Trypanosoma Cruzi Infection in NOTICES Whole Blood, etc., 13211–13213 Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 13230–13231 Pediatric and Oncologic Drugs Advisory Committees, 13214–13215 Land Management Bureau Public Workshop: NOTICES Developing a Consolidated Pediatric Rheumatology Environmental Impact Statements; Intent, etc.: Observational Registry, 13215–13216 Alaska, 13222–13223 Invitations to Participate In Coal Exploration Licenses: Foreign Agricultural Service Utah, 13223–13225 RULES Meetings: McGovern Dole International Food for Education and Child Eastern Washington Resource Advisory Council, 13225– Nutrition Program and Food for Progress Program, 13226 13062–13082 Salem District Resource Advisory Committee, 13226 Realty Actions: Forest Service Lease/Conveyance of Public Lands for a City Park in Las NOTICES Vegas, NV, 13226–13227 Meetings: Lake Tahoe Basin Federal Advisory Committee, 13174– Library of Congress 13175 See Copyright Office, Library of Congress

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Mine Safety and Health Federal Review Commission Occupational Safety and Health Administration See Federal Mine Safety and Health Review Commission NOTICES Agency Information Collection Activities; Proposals, National Agricultural Statistics Service Submissions, and Approvals, 13266–13268 NOTICES Agency Information Collection Activities; Proposals, Pipeline and Hazardous Materials Safety Administration Submissions, and Approvals, 13176 NOTICES Pipeline Safety: National Credit Union Administration Workshop on New Pipeline Construction, 13309–13310 RULES Regulatory Flexibility Regarding Ownership of Fixed Securities and Exchange Commission Assets, 13082–13083 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Credit Union Reporting, 13139–13144 Submissions, and Approvals, 13272–13276 Truth in Savings Act Disclosures, 13129–13139 Application and Temporary Order: UBS AG, et al., 13276–13278 National Highway Traffic Safety Administration Self-Regulatory Organizations; Proposed Rule Changes: NOTICES Chicago Board Options Exchange, Inc., 13281–13283 Agency Information Collection Activities; Proposals, Financial Industry Regulatory Authority, Inc., 13283– Submissions, and Approvals, 13308–13309 13286 International Securities Exchange, LLC, 13286–13289 National Institutes of Health Municipal Securities Rulemaking Board, 13289–13290 NOTICES NASDAQ Stock Market LLC, 13290–13292 Meetings: National Securities Clearing Corp., 13292–13293 Eunice Kennedy Shriver National Institute of Child New York Stock Exchange LLC, 13278–13279, 13293– Health and Human Development, 13216–13217 13295 National Institute of Biomedical Imaging and NYSE Arca, Inc., 13279–13281 Bioengineering, 13217 National Institute of Neurological Disorders and Stroke, Small Business Administration 13217 NOTICES National Library of Medicine, 13217–13218 Disaster Declaration: Texas, 13295–13296 National Oceanic and Atmospheric Administration Meetings: Advisory Committee on Veterans Business Affairs, 13296 RULES Fisheries of the Caribbean, Gulf of Mexico, and South Small Business Size Standards: Atlantic: Waiver of the Nonmanufacturer Rule, 13296–13299 Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 13126–13127 State Department NOTICES NOTICES Endangered and Threatened Species: Bureau of Educational and Cultural Affairs (ECA) Request Take of Anadromous Fish, 13192–13193 for Grant Proposals: Environmental Impact Statements; Availability, etc.: Youth Leadership Programs; South Asia and Southeast Bayou Verdine and the Calcasieu River, LA; Natural Asia, 13299–13305 Resource Injuries and Service Losses; Damage Assessment and Restoration Plan, 13193–13194 Statistical Reporting Service Meetings: See National Agricultural Statistics Service Advisory Committee on Commercial Remote Sensing, 13194–13195 Transportation Department Mid-Atlantic Fishery Management Council (MAFMC), See Federal Aviation Administration 13195–13196 See Federal Highway Administration Western Pacific Fishery Management Council, 13196– See National Highway Traffic Safety Administration 13197 See Pipeline and Hazardous Materials Safety Administration National Science Foundation See Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Transportation Security Administration Submissions, and Approvals, 13270 NOTICES Meetings: Agency Information Collection Activities; Proposals, U.S. Chief Financial Officer Council Grants Policy Submissions, and Approvals, 13220 Committee, 13271 Treasury Department Nuclear Regulatory Commission See Community Development Financial Institutions Fund NOTICES See Comptroller of the Currency Proposed Revisions to the License Renewal Interim Staff NOTICES Guidance Process and Regulatory Issue Summary Agency Information Collection Activities; Proposals, 2007–16, 13272 Submissions, and Approvals, 13310

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Veterans Affairs Department Reader Aids NOTICES Consult the Reader Aids section at the end of this page for Meetings: phone numbers, online resources, finding aids, reminders, Geriatrics and Gerontology Advisory Committee, 13312 and notice of recently enacted public laws. Wage and Hour Division To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Withdrawal of Interpretation of the Fair Labor Standards listserv.access.gpo.gov and select Online mailing list Act Concerning Relocation Expenses Incurred by H–2A archives, FEDREGTOC-L, Join or leave the list (or change and H–2B Workers, 13261–13262 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 457...... 13055 1496...... 13062 1499...... 13062 1599...... 13062 Proposed Rules: 28...... 13128 12 CFR 701...... 13082 742...... 13082 1229...... 13083 Proposed Rules: 707...... 13129 741...... 13139 748...... 13139 749...... 13139 14 CFR 39 (6 documents) ...... 13084, 13086, 13089, 13092, 13094, 13096 137...... 13098 Proposed Rules: 39 (3 documents) ...... 13144, 13147, 13148 16 CFR 303...... 13099 18 CFR 42...... 13103 Proposed Rules: 1...... 13152 21 CFR 1...... 13111 26...... 13111 201...... 13111 203...... 13111 206...... 13111 310...... 13111 312...... 13111 314...... 13111 320...... 13111 558...... 13114 600...... 13111 33 CFR 101...... 13114 117...... 13116 165...... 13118 Proposed Rules: 117 (2 documents) ...... 13161, 13164 40 CFR 52...... 13118 62...... 13122 72...... 13124 73...... 13124 74...... 13124 77...... 13124 78...... 13124 370...... 13124 Proposed Rules: 52 (2 documents) ...... 13166, 13170 62...... 13170 47 CFR 73...... 13125 Proposed Rules: 73...... 13171 48 CFR 470...... 13062 50 CFRQ 622...... 13126

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Rules and Regulations Federal Register Vol. 74, No. 57

Thursday, March 26, 2009

This section of the FEDERAL REGISTER Paperwork Reduction Act of 1995 production information to determine the contains regulatory documents having general Pursuant to the provisions of the amount of an indemnity payment in the applicability and legal effect, most of which event of an insured cause of crop loss. are keyed to and codified in the Code of Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the collections of Whether a producer has 10 acres or Federal Regulations, which is published under 1000 acres, there is no difference in the 50 titles pursuant to 44 U.S.C. 1510. information in this rule have been kind of information collected. To ensure approved by OMB under control crop insurance is available to small The Code of Federal Regulations is sold by number 0563–0053. the Superintendent of Documents. Prices of entities, the Federal Crop Insurance Act new books are listed in the first FEDERAL E-Government Act Compliance authorizes FCIC to waive collection of REGISTER issue of each week. FCIC is committed to complying with administrative fees from limited the E-Government Act of 2002, to resource farmers. FCIC believes this promote the use of the Internet and waiver helps to ensure small entities are DEPARTMENT OF AGRICULTURE other information technologies to given the same opportunities as large entities to manage their risks through Federal Crop Insurance Corporation provide increased opportunities for citizen access to Government the use of crop insurance. A Regulatory Flexibility Analysis has not been 7 CFR Part 457 information and services, and for other purposes. prepared since this regulation does not have an impact on small entities, and, RIN 0563–AB98 Unfunded Mandates Reform Act of therefore, this regulation is exempt from 1995 the provisions of the Regulatory Common Crop Insurance Regulations, Flexibility Act (5 U.S.C. 605). Tobacco Crop Insurance Provisions Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Federal Assistance Program AGENCY: Law 104–4, establishes requirements for Federal Crop Insurance This program is listed in the Catalog Federal agencies to assess the effects of Corporation, USDA. of Federal Domestic Assistance under their regulatory actions on State, local, ACTION: Final rule. No. 10.450. and tribal governments and the private SUMMARY: The Federal Crop Insurance sector. This rule contains no Federal Executive Order 12372 Corporation (FCIC) finalizes the mandates (under the regulatory This program is not subject to the Common Crop Insurance Regulations provisions of title II of the UMRA) for provisions of Executive Order 12372, Tobacco Crop Provisions. The amended State, local, and tribal governments or which require intergovernmental provisions removed the Quota Tobacco the private sector. Therefore, this rule is consultation with State and local Crop Insurance Provisions, and revised not subject to the requirements of officials. See the Notice related to 7 CFR the Guaranteed Tobacco Crop Insurance sections 202 and 205 of UMRA. part 3015, subpart V, published at 48 FR Provisions, and changed the title of the Executive Order 13132 29115, June 24, 1983. Guaranteed Tobacco Crop Insurance Provisions to Tobacco Crop Insurance It has been determined under section Executive Order 12988 Provisions. The intended effect of this 1(a) of Executive Order 13132, This rule has been reviewed in action is to provide policy changes and Federalism, that this rule does not have accordance with Executive Order 12988 clarify existing policy provisions to sufficient implications to warrant on civil justice reform. The provisions better meet the needs of insured consultation with the States. The of this rule will not have a retroactive producers. The changes will apply for provisions contained in this rule will effect. The provisions of this rule will the 2010 and succeeding crop years. not have a substantial direct effect on preempt State and local laws to the DATES: This rule is effective May 26, States, or on the relationship between extent such State and local laws are 2009. the national government and the States, inconsistent herewith. With respect to or on the distribution of power and any direct action taken by FCIC or to FOR FURTHER INFORMATION CONTACT: Gary responsibilities among the various require the insurance provider to take Johnson, Risk Management Specialist, levels of government. specific action under the terms of the Product Management, Product Regulatory Flexibility Act crop insurance policy, the Administration and Standards Division, administrative appeal provisions Risk Management Agency, United States FCIC certifies that this regulation will published at 7 CFR part 11 must be Department of Agriculture, P.O. Box not have a significant economic impact exhausted before any action against 419205, Stop 0812, Room 421, Kansas on a substantial number of small FCIC for judicial review may be brought. City, MO 64141–6205, telephone (816) entities. Program requirements for the 926–7730. Federal crop insurance program are the Environmental Evaluation SUPPLEMENTARY INFORMATION: same for all producers regardless of the This action is not expected to have a size of their farming operation. For significant economic impact on the Executive Order 12866 instance, all producers are required to quality of the human environment, This rule has been determined to be submit an application and acreage health, or safety. Therefore, neither an non-significant for the purposes of report to establish their insurance Environmental Assessment nor an Executive Order 12866 and, therefore, it guarantees and compute premium Environmental Impact Statement is has not been reviewed by the Office of amounts, and all producers are required needed. Management and Budget (OMB). to submit a notice of loss and Background:

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This rule finalizes changes to the adjustment based on contractual commenters stated division by basic or Common Crop Insurance Regulations by standards. optional units by farm serial number removing the Quota Tobacco Crop Due to statutory language contained (FSN) should be retained because of the Insurance Provisions and reserving in the Food, Conservation, and Energy occurrences of drastic weather patterns § 457.156. FCIC also changes the Act of 2008, FCIC removed the ‘‘basic on one farm and not the other. Other Guaranteed Tobacco Crop Insurance unit’’ definition in section 1 of the commenters stated tobacco growers Provisions by changing the title to proposed rule and will retain the should be treated the same as producers Tobacco Crop Insurance Provisions. The current ‘‘basic unit’’ definition in the of other Category B crops, which allows American Jobs Creation Act of 2004 current Guaranteed Tobacco Crop optional units by FSN or by section. eliminated the tobacco quota support Provisions and Quota Tobacco Crop Response: Due to statutory language program and quota support price as Provisions in this final rule. in the Food, Conservation, and Energy administered by the Farm Service The public comments regarding the Act of 2008, FCIC has removed the Agency (FSA). Prior to the American proposed rule and FCIC’s responses to ‘‘basic unit’’ definition in section 1 of Jobs Creation Act of 2004, tobacco was the comments are listed below the proposed rule and will retain the sold in United States Department of identifying issues and concerns, and the ‘‘basic unit’’ definition in the current Agriculture (USDA) auction changes made, if any, to address the Guaranteed Tobacco Crop Provisions warehouses. The prices paid by various comments as follows: and Quota Tobacco Crop Provisions in auction warehouses by tobacco Comment: A commenter requested a this final rule. Section 2 of these Crop companies were based upon the quality clarification on the definition of Provisions allows optional and and grade of the tobacco. Today the ‘‘average price received’’ in section 1. It enterprise units if authorized in the majority of tobacco is grown and sold appears the ‘‘average price received’’ is Special Provisions. under contract with a tobacco company. defined as the average price received for Comment: A commenter suggested Therefore, a new environment exists for sold production. Also, this ‘‘average that if the definition of ‘‘commercial tobacco production and marketing and price received’’ is used in the tobacco producer’’ is necessary, it FCIC proposed to revise the tobacco calculation of quality adjustment in should be included in the definition of policy to reflect this new environment. section 12(e)(4). Based on the definition, ‘‘tobacco contract’’ in reference to These changes were published by FCIC one would have to wait to quality adjust ‘‘producer or entity’’. on Wednesday, May 23, 2007, as a any tobacco until the production has Response: FCIC is no longer requiring notice of proposed rulemaking in the actually been sold. In addition to a tobacco producer to have a tobacco Federal Register at 72 FR 28895–28901. waiting until the production is sold, it contract with a tobacco company for The public was afforded 60 days to would not be possible to quality adjust their tobacco to be eligible for crop submit written comments after the mature appraised tobacco production. A insurance. Therefore, FCIC has removed regulation was published in the Federal change to the definition or an additional the definition of ‘‘commercial tobacco Register. definition needs to be considered. producer’’ and all references to this term A total of 207 public comments were Response: FCIC has removed the in this final rule. received from 131 commenters. The definition of ‘‘average price received’’ Comment: A commenter stated the commenters were insurance providers, and will retain the existing policy definition of ‘‘contract price’’ needs to agents, an insurance service definition of ‘‘average value,’’ which be clarified because tobacco contracts organization, attorneys, trade includes the average value of any often contain multiple prices based on associations, producers, grower production for the applicable tobacco the type of tobacco grade and level of associations, agriculture credit type divided by the appraised pounds tobacco stalk position. associations, State agricultural and/or harvested pounds without regard Response: As stated above, FCIC is no associations, State departments of to discounts or incentives. Retention of longer requiring a tobacco producer to agriculture, and other interested parties. the ‘‘average value’’ definition allows have a tobacco contract with a tobacco Based on these public comments, quality adjustment to be performed company for their tobacco to be eligible FCIC will not require a tobacco without waiting for the producer to sell for crop insurance. Therefore, FCIC producer to have a tobacco contract the insured tobacco. removed the definition of ‘‘contract with a tobacco company for their Comment: A commenter questioned price’’ and all references to this term in tobacco to be eligible for crop insurance, the phrase ‘‘without regard to discounts this final rule. nor will an insured with a contract be or incentives’’ in the definition of Comment: A commenter stated the allowed to insure tobacco using a ‘‘average price received’’ whether this definition of ‘‘minimum acreage’’ needs contract price. FCIC recognized the means ‘‘excluding’’ discounts or clarification because the tobacco proposed rule requiring a tobacco incentives. contract specifies the total pounds of contract could deny insurance coverage Response: FCIC has removed the tobacco to be delivered by the producer, to tobacco producers in regions where a definition of ‘‘average price received’’ plus the contract is not county specific. tobacco contract is traditionally not and will retain the existing policy Response: As stated above, FCIC is no offered, such as the New England States. definition of ‘‘average value’’. Therefore, longer requiring a tobacco producer to Also, FCIC recognized the proposed rule discounts or incentives are not have a tobacco contract with a tobacco requiring a tobacco contract could deny applicable. company for their tobacco to be eligible insurance coverage for small tobacco Comment: Comments were received for crop insurance. Therefore, FCIC producers in other regions who cannot opposing the definition of ‘‘basic unit’’ removed the definition of ‘‘minimum obtain a tobacco contract. Since in section 1 and the provisions in acreage’’ and all references to this term contracts are no longer required, all section 2 that limits units by tobacco in this final rule. provisions related to the contracting type. A few commenters agreed with the Comment: A few comments were requirement are also removed. This proposed rule ‘‘basic unit’’ definition to received regarding the definition of would include the use of a base price to limit units by tobacco type, but stated ‘‘price election.’’ The commenters asked determine the price election, FCIC should allow optional and how would the price election be requirements to sign contracts prior to enterprise units by the Special determined if an insured had multiple the acreage reporting date and quality Provisions where appropriate. Other contracts for the same type of tobacco

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within the unit. Another comment revision is consistent with section 6(a), of other Category B crops, which allows stated the definition does not recognize which requires the entity named on the for optional units by FSN or by section. that contract prices will vary by the type tobacco contract to be the same as the Response: Due to statutory language and grade of tobacco. entity named on the application for contained in the Food, Conservation, Response: As stated above, FCIC is no insurance. Another commenter stated and Energy Act of 2008, FCIC removed longer requiring a tobacco producer to tobacco companies will only give one the ‘‘basic unit’’ definition in section 1 have a tobacco contract with a tobacco contract name on their paperwork/ of the proposed rule and will retain the company for their tobacco to be eligible checks, even if a share exists. The current ‘‘basic unit’’ definition in the for crop insurance. Since contracts are proposed policy language and elsewhere current Guaranteed Tobacco Crop no longer required, contract prices will needs additional review to address the Provisions and Quota Tobacco Crop no longer be used. Therefore, FCIC problem of a tobacco contact being in Provisions in this final rule. Section 2 removed the definition of ‘‘price one entity name but other entities (not of these Crop Provisions allows optional election’’ in this final rule. The named on the tobacco contract) also and enterprise units by the Special definition of ‘‘price election’’ contained having a share they wish to insure. A Provisions. However, the program in the Basic Provisions is applicable to commenter stated subsection (b) of the integrity problems that revising the these Tobacco Crop Insurance definition of ‘‘tobacco contract’’ definition of ‘‘basic unit’’ was intended Provisions. includes the phrase, ‘‘(an option to to address still exist. The loss ratio Comment: A commenter noted FCIC purchase is not a commitment)’’ [to remains high in many areas and there deleted the definition of ‘‘production purchase the tobacco pounds specified]. have been issues with producers guarantee’’ and recommends FCIC This language was a problem before for shifting production between units and should retain the old ‘‘production another contract crop and suggested between policies. FCIC is examining guarantee’’ definition in the policy and revising the language to comply with other changes to the policy that will add the term ‘‘acres’’ multiplied by the other contract crops. prevent such program vulnerabilities. approved yield, multiplied by the Response: As stated above, FCIC is no Comment: A few commenters stated coverage level percentage selected. longer requiring a tobacco producer to the term ‘‘sufficient acreage’’ as Response: Tobacco is an actual have a tobacco contract with a tobacco referenced in section 3(b) is a defined production history (APH) crop. company for their tobacco to be eligible term and should be included in section Therefore, the definition of ‘‘production for insurance. Therefore, FCIC removed 1. A commenter asked why FCIC is guarantee (per acre)’’ in the Basic the definition of ‘‘tobacco contract’’ and imposing a set number of ‘‘sufficient Provisions is applicable to the Tobacco all references to this term in this final acres’’ on an insured deemed to have Crop Insurance Provisions and is rule. acreage for producing their contract consistent with other APH crops. No Comment: A commenter stated, poundage and then reduce the change has been made. although tobacco types are defined in production guarantee if the insured did Comment: A commenter questioned the Special Provisions, the definition of not plant enough acreage to fill their whether the definition of ‘‘tobacco bed’’ ‘‘Tobacco types’’ should identify the contract. This language penalizes the is relevant to today’s current tobacco various types of tobacco insured under insured for planting fewer acres than the farming operations. the policy and include the caveat, not required number of acres which would Response: Tobacco beds are still used all types are insurable in all States. be expected to produce the contracted by tobacco producers in their farming Response: It would be more confusing amount of production. This would be an operations. Therefore, the definition of to add the insurable types to the policy issue between the insured and the ‘‘tobacco bed’’ is left in this final rule. because, as the commenter states, not all tobacco company if the insured was not Comment: A commenter types are produced in all states. Further, able to produce the number of pounds recommended revising the definition of new types may be developed that would required to fulfill the contract. The ‘‘tobacco company’’ to include the terms require a revision to the policy to be commenter also states this provision is ‘‘tobacco company,’’ ‘‘commercial effective. By including only the internally inconsistent and does not marketing association’’ and ‘‘tobacco insurable tobacco types in a county in provide the basis upon which one can handler’’ to reduce two other definitions the Special Provisions, which are determine whether the acreage is into one. provided annually to the producer, sufficient. Another commenter Response: As stated above, FCIC is no there should be no confusion in any suggested FCIC to reconsider section 3 longer requiring a tobacco producer to county what types are insurable. and recommend using language in the have a tobacco contract with a tobacco Therefore no change has been made. Loss Adjustment Manual (LAM) to company for their tobacco to be eligible Comment: Comments were received address how the total production for crop insurance. Therefore, FCIC opposing the proposed rule in section 2 guarantee is computed for all other removed the definitions of ‘‘tobacco to limit units by type. A few contracted crops. company,’’ ‘‘commercial marketing commenters agreed with the unit Response: As stated above, FCIC is no association,’’ and ‘‘tobacco handler’’ and division to limit basic units by type; but longer requiring a tobacco producer to all references to these terms in this final stated, if FCIC intends on limiting units have a tobacco contract with a tobacco rule. by type, the inclusion of a Special company for their tobacco to be eligible Comment: A few comments were Provision of Insurance statement will for insurance. Therefore, there is no received regarding the definition of provide FCIC the flexibility if it later longer a ‘‘sufficient acreage’’ ‘‘tobacco contract’’. A commenter decides in certain instances, optional requirement and FCIC has removed all recommended revising the definition of units or enterprise units are appropriate. references to this term in this final rule. ‘‘tobacco contract’’ to state, ‘‘A written Other commenters stated the unit Comment: In reference to section 3(a), agreement between the insured division for basic and optional units by a commenter asked if Cigar Binder and producer or entity and a tobacco FSN contained in the current Cigar Wrapper are tobacco types insured company.’’ This will clarify the insured Guaranteed and Quota Tobacco Crop under the Tobacco Crop Insurance must be a party to the underlying Provisions should be retained. Other Provisions, and whether each insured contract. Further, FCIC should revise commenters stated tobacco growers tobacco type is insured as a separate subsections (a) and (b) accordingly. This should be treated the same as producers crop, which is designated by a ‘‘crop

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code’’ on the actuarial documents. Also, tobacco type the insured grows in the A commenter disagreed with FCIC’s if a producer intends on insuring three county; (2) It is unclear when the certification in the Regulatory types of tobacco, the commenter asks if insured must report all tobacco (insured Flexibility Act that the proposed rule the tobacco producer should be required or insurable) types produced in a regulation will not have significant to list all types separately on the county; and (3) Further, if the tobacco impact on a substantial number of small application, will the tobacco producer producer grows tobacco that is not entities. The requirement of a tobacco be allowed to add a tobacco type at the insurable, i.e., not grown under a contract will effectively disqualify a acreage reporting date so long as the tobacco contract, the commenter asked significant number of Cigar Binder, tobacco type is reported on their whether the insured must report this Filler and Wrapper tobacco producers. application, or with reference to the tobacco too. For this reason the commenter believes provision in subsection 7(a), are tobacco Response: (1) FCIC agrees the use of FCIC is not in compliance with the producers only allowed coverage if the the phrase, ‘‘elect to insure’’ in section Regulatory Flexibility Act. Some specific tobacco type is timely applied 7(a) means a tobacco producer is not commenters agreed with the proposed for by sales closing date. required to insure all insurable tobacco rule requirement to insure only tobacco Response: Cigar Binder and Cigar types the tobacco producer grows in the grown under contract for the majority of Wrapper and other insurable tobacco county. (2) and (3) Section 6 of the Basic tobacco acreage, but FCIC should allow types listed on the Special Provisions Provisions requires producers to report insurance for certain tobacco types are insured as separate crops under all acreage of the crop in the county, grown without a tobacco contract via these Tobacco Crop Insurance including insurable and uninsurable on the Special Provisions. Provisions. The tobacco producer must or before the acreage reporting date. Response: As stated above, for many elect each tobacco type being insured by Since each type is considered a separate of the reasons cited by these the sales closing date. The tobacco crop, all insurable and uninsurable commenters, FCIC is no longer requiring producer cannot add a tobacco type to acreage of each type the producer elects a tobacco producer to have a tobacco the acreage report if the tobacco to insure must be reported. However, as contract with a tobacco company for producer did not elect to insure the stated above, the provisions regarding their tobacco to be eligible for crop tobacco type by the sales closing date. the requirement to have a contract with insurance. Therefore, FCIC removed all Comment: A few comments were a tobacco company have been removed. references to this term ‘‘tobacco received regarding the requirement in Therefore, failure to have a contract no contract’’ in this final rule. section 6(a), which states the insured is Comment: A comment recommended longer makes the tobacco uninsurable. to provide a copy of all tobacco adding language to section 8(b) to read, Comment: A commenter stated the contracts to the approved insurance ‘‘Failure to obtain plants for replanting provision in section 7(a) provides provider on or before the acreage is not an insurable reason not to reporting date and the name on the insureds the option to elect which types replant’’. tobacco contract match the insured of tobacco to insure by treating each Response: The definition of ‘‘practical entity name. The commenters ask tobacco type as a separate crop, and to replant’’ in the Basic Provisions states whether it is FCIC’s intention the presumably a separate administrative it will be considered ‘‘practical to approved insurance provider, rather fee would apply to each type insured. replant’’ regardless of the availability of than the agent as designee/affiliate, The commenter recommended the plants or seed. Thus, if the tobacco must review each contract for this provisions in section 7(a) be revised to producer fails to obtain tobacco plants requirement. require all insurable tobacco types for any reason and does not replant the Response: As stated above, FCIC is no grown by the insured to be the crop damaged acreage when it is practical to longer requiring a tobacco producer to insured. This would be similar to the replant such acreage is not insured. have a tobacco contract with a tobacco Dry Beans Crop Provisions which Therefore, no change has been made. company for their tobacco to be eligible requires all dry bean types to be the Comment: A few comments were for crop insurance. Therefore, no crop insured. received regarding changing the end of tobacco contracts have to be submitted Response: FCIC has always allowed insurance period date in section 9(f) for by the insured producer. tobacco types to be insured as separate Flue-Cured tobacco in the States of Comment: A few commenters crops with separate administrative fees. Alabama, Florida, Georgia, North questioned why section 6(b) is requiring This provision simply provides a Carolina, and Virginia, and moving a copy of a written lease agreement, if clarification of the existing requirement. dates for all other tobacco types to 15 applicable, between the insured and any This proposed change would be a days earlier than currently indicated. landlord or tenant identifying all substantive change for which the public Response: FCIC based the end of the persons sharing in the crop and must be was not provided the opportunity to insurance periods on agronomic provided on or before the acreage comment. Therefore, no change can be conditions in those States. However, if reporting date. made. the commenter has information to Response: There have been issues in Comment: Comments were received support changes to the end of insurance the past with the proper identification opposing the proposed rule that only periods; such information can be of persons with a share in the crop tobacco grown under a tobacco contract submitted to the appropriate Risk when leases have been involved and the is eligible for insurance. Commenters Management Agency (RMA) Regional amount of such shares. FCIC added this stated FCIC’s contention that the Office for consideration. The current provision to assist insurance providers majority of tobacco is grown under policy provisions allow for exceptions in properly determining and verifying contract with a tobacco company is not to the end of insurance period dates by who has an insurable interest and that accurate as to all types of tobacco in all the Special Provisions. No change has the reported shares in the insured crop regions. Also, the commenter stated this been made. are accurate. requirement will adversely impact Comment: A commenter questioned Comment: A commenter stated the tobacco producers in the New England in reference to section 10, who can, or following: (1) The use of the phrase, States, substantially all of whom grow is going to be required to prove or ‘‘elect to insure’’ in section 7(a) means the tobacco types for which tobacco disprove a fire was caused by lightning. an insured is not required to insure each contracts are not traditionally offered. Voltage surges and short circuits can

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leave the same physical evidence as each unit and in accordance with cannot prove that an insurable cause of lightning in mechanical devices. procedures approved by FCIC. loss occurred between the appraisal and Lightning striking in the middle of a Comment: A commenter stated if the end of the insurance period that tobacco field or tobacco barn will leave section 12(c) does not define could account for the reduction in no physical evidence of its cause. ‘‘production guarantee (per acre),’’ an production. Once tobacco has been Response: In accordance with section approved insurance provider cannot harvested and removed from the field it 14(e) of the Basic Provision, the burden enforce section 12(c)(1)(i). is placed in a curing barn and loses its of proof is on the insured to show that Response: The definition of identity. This makes it difficult to the loss was due to an insurable cause. ‘‘production guarantee (per acre)’’ in the determine the total production to count This means to not only establish that a Basic Provisions is applicable to these at the unit level. FCIC realizes this is a fire occurred, the insured must also Tobacco Crop Insurance Provisions. program vulnerability. This language establish that the fire was due to a Therefore, there should be no difficulty allows approved insurance providers to naturally occurring event (i.e., in applying section 12(c)(1)(i). settle tobacco claims based on appraised lightning). Since fire can be caused by Comment: A commenter tobacco production in the field and other naturally occurring events other recommended adding a provision in helps ensure accuracy in determining than lightning, FCIC removed the terms section 12(c) stating production to count production to count for claims ‘‘if caused by lightning.’’ As long as the will be at least 35 percent of all purposes. The appraised production fire can be proven to be from any unharvested acreage. This provision is will be determined in accordance with naturally occurring event, it is an warranted due to the costs for loss adjustment procedures approved by insurable cause of loss. harvesting tobacco which would not be FCIC. If the claim is settled on the Comment: One commenter asked incurred for an unharvested crop. appraised production, redesignated when representative samples are Response: FCIC did not propose section 12(f) regarding quality required in reference to section 11. Both changes regarding production to count adjustment is not applicable, since the Basic Provisions and the Tobacco on unharvested acreage so the public quality adjustment on tobacco can only Crop Insurance Provisions indicate was not afforded an opportunity to be determined after the tobacco is cured. representative samples are required, but provide comments. Therefore, no neither one says when. change can be made as a result of this List of Subjects in 7 CFR Part 457 Response: Section 11(b) states that if comment. Crop insurance, Tobacco, Reporting, a notice of damage is filed the stalks and Comment: A commenter stated and recordkeeping requirements. stubble must be left intact. However, it section 12(c)(1)(i)(E) is inconsistent with does not state when samples must be section 11. Accordingly, this provision Final Rule left for unharvested acreage. Section should be amended to read, ‘‘Of any ■ Accordingly, as set forth in the 11(a) is revised to require representative type of tobacco when the stalks and preamble, the Federal Crop Insurance samples be left for any field that will not stubble have been destroyed in violation Corporation amends 7 CFR part 457 as be harvested. of section 11(b)’’. follows: Comment: A commenter stated Response: FCIC has made the change section 12(a) refers to the commingling for clarification. PART 457—COMMON CROP of production. The proposed rule Comment: A few commenters stated INSURANCE REGULATIONS permits insurance for basic units by they were not in favor of the addition type only. So, when there is of prevented planting coverage for ■ 1. The authority citation for 7 CFR commingled production by type, the tobacco and recommend that it be part 457 continues to read as follows: commenter asks whether the removed. Authority: 7 U.S.C. 1506(l), 1506(p). commingled production is allocated on Response: Prevented planting is a a pro rata basis. In the absence of legitimate peril faced by tobacco ■ 2. Revise § 457.136 to read as follows: optional units, FCIC must clarify the producers. These provisions provide § 457.136 Tobacco crop insurance concept of commingled production. coverage for tobacco producers whose provisions Response: Section 12(a) references the acreage is prevented from being planted The Tobacco Crop Insurance loss will be determined on a unit basis. due to an insured cause of loss. These Provisions for the 2010 and succeeding Due to statutory language contained in provisions make the tobacco crop crop years are as follows: the Food, Conservation, and Energy Act insurance program consistent with other FCIC policies: of 2008, FCIC removed the ‘‘basic unit’’ crop programs. Therefore, FCIC will definition of section 1 of the proposed retain the prevented planting coverage UNITED STATES DEPARTMENT OF rule and will retain the current ‘‘basic provisions. AGRICULTURE unit’’ definition in the current In addition to the changes made Federal Crop Insurance Corporation Guaranteed Tobacco Crop Provisions above, FCIC will remove the paragraph Reinsured policies: and Quota Tobacco Crop Provisions in immediately preceding section 1 which (Appropriate title for insurance this final rule. Optional and enterprise refers to the order of priority of provider) units may be allowed by the Special provisions in the event of conflict. This Both FCIC and reinsured policies: Provisions. FCIC will also retain the information is contained in the Basic Tobacco Crop Insurance Provisions current language in the section Provisions; therefore, it is duplicative 1. Definitions. 12(a)(1)(2) of the Guaranteed Tobacco and should be removed in the Tobacco Average value. For appraised Crop Provisions that addressed how Crop Insurance Provisions. production, the value of such commingled production is handled for FCIC has also added a new section production divided by the appraised basic and optional units in this final 12(e) that allows claims to be settled pounds for the tobacco types. For rule and makes these Tobacco Crop based on appraised production even if harvested production, the value of such Provisions consistent with other crop the acreage has been harvested unless production divided by the harvested policies. If production is commingled, we determine that the harvested pounds for the tobacco type. the production will be allocated to the production is inconsistent with Basic unit. In lieu of the definition in liability on the harvested acreage for appraised production and the producer the Basic Provisions, a basic unit is all

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insurable acreage of an insurable type of agreement, if applicable, between you Connecticut, Massachusetts, tobacco in the county in which you and any landlord or tenant. The written Pennsylvania, and Wisconsin; and have a share on the date of planting for lease agreement must: (vii) Maryland type—May 15 in the crop year and that is indentified by (1) Identify all other persons sharing Maryland and Pennsylvania. a single FSA farm serial number at the in the crop; and 10. Causes of Loss. time insurance first attaches under these (2) Be submitted to us on or before the In accordance with the provisions of provisions for the crop year. acreage reporting date. section 12 of the Basic Provisions, Harvest. Cutting or priming and 7. Insured Crop. insurance is provided only against the removing all insured tobacco from the (a) In accordance with section 8 of the following causes of loss that occur unit. Basic Provisions, the insured crop will during the insurance period: Hydroponic plants. Seedlings grown be each tobacco type you elect to insure (a) Adverse weather conditions; in liquid nutrient solutions. and for which a premium rate is (b) Fire; Late planting period. In lieu of the provided by the actuarial documents: (c) Insects, but not damage due to definition in section 1 of the Basic (1) In which you have a share; insufficient or improper application of Provisions, the period that begins the (2) That meets all rotation pest control measures; day after the final planting date for the requirements on the Special Provisions (d) Plant disease, but not damage due insured crop and ends 15 days after the of Insurance. to insufficient or improper application final planting date, unless otherwise (b) You will be considered to have a of disease control measures; specified in the Special Provisions. share in the insured crop if you retain (e) Wildlife; Planted acreage. In addition to the control of the acreage on which the (f) Earthquake; definition contained in the Basic tobacco is grown and you are at risk of (g) Volcanic eruption; or provisions, land in which tobacco loss. (h) Failure of the irrigation water seedlings, including hydroponic plants, 8. Insurable Acreage. supply due to a cause of loss specified have been transplanted by hand or In addition to the provisions of in sections 10(a) through (g) that also machine from the tobacco bed to the section 9 of the Basic Provisions, we occurs during the insurance period. field. will not insure any acreage that is: 11. Duties In The Event of Damage or Pound. Sixteen ounces avoirdupois. (a) Planted in any manner other than Loss. Priming. A method of harvesting as provided in the definition of ‘‘planted (a) In accordance with section 14 of tobacco by which one or more leaves are acreage’’ in section 1 of these Crop the Basic Provisions, you must maintain removed from the stalk as they mature. Provisions, unless otherwise provided representative samples of each Tobacco bed. An area protected from by the Special Provisions of Insurance unharvested tobacco crop (type) for our adverse weather in which tobacco seeds or by written agreement; or inspection. The representative samples are sown and seedlings are grown until (b) Damaged before the final planting must be at least 5 feet wide (at least two transplanted into the tobacco field by date to the extent that the majority of rows), and extend the entire length of hand or machine. producers in the area would normally each field in the unit. The samples must Tobacco types. Insurable tobacco as not further care for the tobacco crop, not be harvested or destroyed until after shown on the Special Provisions of unless such crop is replanted or we our inspection. Insurance. agree that replanting is not practical. (b) If you have filed a notice of 2. Unit Division. 9. Insurance Period. damage, you must leave all tobacco A basic unit will be determined in In lieu of the provisions of section 11 stalks and stubble in the unit intact for accordance with the definition of basic of the Basic Provisions, coverage ends at our inspection. The stalks and stubble unit contained in section 1 of these Crop the earlier of: must not be destroyed until we give you Provisions. Optional and enterprise (a) Total destruction of the tobacco on written consent to do so or until 30 days units may be allowed by the Special the unit; after the end of the insurance period, Provisions of Insurance. (b) Removal of the tobacco from the whichever is earlier. 3. Insurance Guarantees, Coverage unit where grown, except for curing, 12. Settlement of Claim. Levels, and Prices for Determining grading, and packing; (a) We will determine your loss on a Indemnities. (c) Abandonment of the crop on the unit basis. In the event you are unable In addition to the requirements of unit; to provide separate acceptable section 3 of the Basic Provisions, you (d) Final adjustment of the loss on the production records: must select only one price election unit; or (1) For any optional unit, we will percentage and coverage level for each (e) The calendar date for the end of combine all optional units for which tobacco type designated in the Special the insurance period, which is the date such production records were not Provisions of Insurance that you elect to immediately following planting and provided; or insure. designated by tobacco types and states (2) For any basic units, we will 4. Contract Changes. (or as otherwise stated on the Special allocate any commingled production to In accordance with section 4 of the Provisions of Insurance) as follows: such units in proportion to our liability Basic Provisions, the contract change (i) Flue cured—November 30 in North on the harvested acreage for the units. date is November 30 preceding the Carolina and Virginia; (b) In the event of loss or damage cancellation date. (ii) Flue cured—October 31 in covered by this policy, we will settle 5. Cancellation and Termination Alabama, Florida, Georgia, and South your claim by: Dates. Carolina; (1) Multiplying the number of insured In accordance with section 2 of the (iii) Burley—February 28 in all states; acres by your applicable production Basic Provisions, the cancellation and (iv) Dark air cured—March 15 in guarantee (per acre); termination dates are March 15. Kentucky, Tennessee, and Virginia; (2) Multiplying the result of section 6. Report of Acreage. (v) Fire cured—April 15 in Kentucky, 12(b)(1) by your price election; In addition to the requirements of Tennessee, and Virginia; (3) Multiplying the total production to section 6 of the Basic Provisions, you (vi) Cigar Binder, Cigar Filler, and count determined in section 12(c) by must provide a copy of any written lease Cigar Wrapper—April 30 in your price election;

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(4) Subtracting the result of section occurred. If you do not leave the acceptable to us which clearly shows 12(b)(3) from the result of section required samples intact, or fail to the number of pounds, price per pound, 12(b)(2); and provide sufficient care for the samples, and the quality of such tobacco. (5) Multiplying the result of section our appraisal made prior to giving you (5) Any reduction in the production to 12(b)(4) by your share. consent to put the acreage to another count will be determined by: For example: use will be used to determine the You have 100 percent share in a unit amount of production to count.); or (i) Dividing the average value per to produce 3,000 pounds of Burley (B) If you elect to continue to care for pound as determined by us in tobacco, a production guarantee of 1,950 the crop, the amount of production to accordance with section 12(f)(2) of these pounds (APH yield of 3,000 pounds × count for the acreage will be the Crop Provisions by your applicable .65 coverage level), you plant 1.0 acre, harvested production, or our reappraisal price election; and your price election is $1.50 per pound, if additional damage occurs and the (ii) Multiplying this result by the and your production to count is 500 crop is not harvested; and number of pounds of damaged pounds. Your indemnity would be (2) All harvested production from production. calculated as follows: insurable acreage. (1) 1.0 acre × 1,950 pounds (d) Once we agree the current year’s 13. Late Planting. production guarantee = 1,950 pounds; tobacco has no average value due to an In lieu of late planting provisions in × (2) 1,950 pounds $1.50 price insured cause of loss, you must destroy the Basic Provisions regarding acreage election = $2,925.00 value of the it, and it will not be considered initially planted after the final planting production guarantee; production to count. If you refuse to × date, insurance will be provided for (3) 500 pounds production to count destroy such tobacco, we will include it acreage planted to the insured crop after $1.50 price election = $750.00 value of as production to count and value it at the final planting date as follows: the production to count; the applicable price election. (4) $2,925.00 value of the production (e) In lieu of section 15(b) of the Basic (a) The production guarantee (per guarantee—$750.00 value of the Provisions, if we have conducted an acre) for acreage planted during the late production to count = $2,175.00; and appraisal of your insured crop and we planting period will be reduced by: × (5) $2,175.00 1.000 share = determine that the harvested production (1) One percent per day for the 1st $2,175.00 indemnity. you report is inconsistent with the through the 10th day; and (c) The total production to count (in appraised production and you cannot pounds) from all insurable acreage on prove that an insurable cause of loss (2) Two percent per day for the 11th the unit will include: occurred between the appraisal and the through the 15th day; (1) All appraised production as end of the insurance period that can (b) The premium amount for insurable follows: account for the reduction in production, acreage planted to the insured crop after (i) Not less than the production your claim will be settled based on the the final planting date will be the same guarantee for acreage: appraised production on insured as that for timely planted acreage. If the (A) That is abandoned; acreage, even if you have harvested the amount of premium you are required to (B) Put to another use without our acreage. If we settle your claim based on pay (gross premium less our subsidy) for consent; your appraised production, section 12(f) acreage planted after the final planting (C) That is damaged solely by regarding quality adjustment is not date exceeds the liability on such uninsured causes; applicable. (D) For which you fail to provide acreage, coverage for those acres will (f) Mature tobacco may be adjusted for not be provided (no premium will be records of production, that are quality deficiencies when production acceptable to us; or due and no indemnity will be paid for has been damaged by insurable causes. such acreage). (E) For any type of tobacco when the (1) You must contact us before any stalks and stubble have been destroyed tobacco is disposed of so we can inspect 14. Prevented Planting. without our consent under section the tobacco to determine the extent of Your prevented planting coverage will 11(b); the damage. be 35 percent of your production (ii) Production lost due to uninsured (2) Our inspection will be used to guarantee for timely planted acreage. causes. determine whether the average value is (iii) Potential production on insured Additional prevented planting coverage reasonable. Based on amount of damage levels are not available for tobacco. acreage you intend to put to another use determined during the inspection, if the or abandon, if you and we agree on the average value is: § 457.156 [Removed and Reserved] appraised amount of production. Upon (i) Reasonable, such average value such agreement, the insurance period will be used to determine the quality ■ 3. Remove and reserve § 457.156. for that acreage will end when you put adjustment in section 12(f)(5); Signed in Washington, DC, on March 19, the acreage to another use or abandon (ii) Unreasonable, we may adjust the 2009. the crop. If agreement on the appraised average value used to calculate the William J. Murphy, amount of production is not reached: quality adjustment in section 12(f)(5). (A) If you do not elect to continue to (3) If you dispose of any production Acting Manager, Federal Crop Insurance care for the crop, we may give you without giving us the opportunity to Corporation. consent to put the acreage to another have the tobacco inspected, you will not [FR Doc. E9–6726 Filed 3–25–09; 8:45 am] use if you agree to leave intact, and receive a quality adjustment for such BILLING CODE 3410–08–P provide sufficient care for, tobacco, regardless of the average value representative samples of the crop in of the production. locations acceptable to us (The amount (4) Production to count will only be of production to count for such acreage reduced if the average value for will be based on the harvested damaged tobacco is less than 75 percent production or appraisals from the of your tobacco price election. You must samples at the time harvest should have provide us with records that are

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DEPARTMENT OF AGRICULTURE disabilities who require alternative Response: USDA accepts this means for communication of program suggestion and has made the changes 48 CFR Part 470 information (Braille, large print, accordingly. audiotape, etc.) should contact the Commodity Credit Corporation B. Agreements: 7 CFR Parts 1499.5(c) USDA Office of Communications at and 1599.5(c) (202) 720–5881 (voice) or (202) 720– 7 CFR Parts 1496 and 1499 7808 (TDD). Comment: One commenter suggested SUPPLEMENTARY INFORMATION: that USDA allow a participant to make Foreign Agricultural Service 100 percent line item adjustments to the Background budget unless the agreement specifies 7 CFR Part 1599 On October 24, 2008, FAS published otherwise. The commenter further stated that this is the norm for most RIN 0551–AA78 a proposed rule (73 FR 63387) to remove 7 CFR part 1496; revise 7 CFR parts Government regulations. Response: The current language McGovern Dole International Food for 1499 and 1599, which contain the affords USDA the ability to provide Education and Child Nutrition Program general regulations governing the FFPr greater flexibility to participants’ and Food for Progress Program and the McGovern-Dole Program; and add 48 CFR part 470, which governs the budgets other than just line item AGENCY: Foreign Agricultural Service commodity acquisition procedures of adjustments. Additionally, due to and Commodity Credit Corporation, USDA. The proposed rule was intended various sources from which USDA USDA. to accomplish the following objectives: receives funds for grants governed ACTION: Final rule. • Improve the efficiency of the under parts 1499 and 1599, USDA programs by providing greater clarity to cannot provide 100 percent flexibility SUMMARY: This final rule amends the program participants on eligibility, between all budget line items as it has regulations to administer the Food for reporting and performance the potential of inadvertently creating Progress (FFPr) Program and the requirements; an Antideficiency Act violation within McGovern-Dole International Food for • Better define the criteria used to the program. For example, FFPr Education and Child Nutrition Program determine a product of the United operates under statutory authority that (McGovern-Dole Program) by making States; limits the amount of funds that may be revisions to provide greater clarity with • Allow for the full utilization of all spent each year for freight costs and respect to all aspects of the program, types of acquisition contracts that are administrative expenses. USDA only with specific emphasis on the eligibility authorized under the Federal can allow flexibility within a budget requirements that a participant must Acquisition Regulations (FAR); and, that would not allow for the possibility meet and the actions that must be • Restructure and rewrite the of these limits being exceeded. This undertaken by a participant in order to regulations, including new subparts and limitation is also covered in 7 CFR receive assistance under these programs, sections, to make them easier to read 3019.25(f). including the reports that are filed by and understand. C. Payments: 7 CFR Parts 1499.6 and program participants with the Foreign Analysis of Comments Received 1599.6 Agricultural Service (FAS). This final rule also amends the Agriculture Seventeen comments on the proposed Comments: One commenter Acquisition Regulation (AGAR), to rule were received from private entities questioned whether survey costs noted specify the criteria that is used in that are affected by these regulations, in sections 1499.6(a)(7) and 1599.6(a)(7) determining whether a commodity that including: three private voluntary included load, discharge, and delivery is procured under these programs and organizations (PVOs), two PVO surveys. A comment was received that under domestic feeding programs associations, seven commodity questioned the necessity of an administered by U.S. Department of organizations, four shipping and freight ‘‘original’’ bill of lading for payment, Agriculture (USDA) is considered to be industry representatives, and one Office particularly given that an original is a product of the United States. The of Inspector General (OIG). One required to take title of commodities. purpose of these amendments is to comment was received by an Additionally, a commenter requested improve the efficiency of the programs organization comprised of over 250 non- that all references to 7 CFR part 3019 be and make it clearer to participants what governmental organizations that stated, quoted directly in the relevant sections they must do to meet eligibility ‘‘Overall we believe FAS has done an of 7 CFR parts 1499 and 1599 rather requirements. excellent job in revising part 1499 and than referring the reader back to 7 CFR that the changes will improve the part 3019. DATES: Effective Date: May 26, 2009. quality of the food aid programs and Response: Load survey costs are not FOR FURTHER INFORMATION CONTACT: increase the ability of PVOs to assist included in sections 1499.6(a)(7) and Babette Gainor, Deputy Director, Food those in need.’’ The comments are 1599.6(a)(7). The determination whether Assistance Division, Foreign discussed below, except for those a discharge survey, a delivery survey, or Agricultural Service, U.S. Department of dealing with issues outside of the scope both have been completed is dependent Agriculture, Stop 1034, 1400 of the proposed rule, making editorial upon multiple factors, including but not Independence Avenue, SW., suggestions, or simply expressing limited to destination country and Washington, DC 20250–1034; telephone: support for the proposed rule. contract terms. To provide greater (202) 720–4221; Fax: (202) 690–0251; E- clarity in these sections, USDA has Mail: [email protected] and/or A. Eligibility Determination: 7 CFR Parts replaced ‘‘survey costs’’ with ‘‘survey [email protected]. 1499.3(a)(1) and 1599.3(a)(1) costs other than those at load port.’’ In The USDA prohibits discrimination in Comment: One commenter suggested response to the comment about its programs on the basis of race, color, that USDA should change ‘‘grants’’ to providing an original bill of lading, national origin, sex, religion, age, ‘‘awards’’ to be more inclusive since USDA agrees that an original or ‘‘true disability, political beliefs, and marital ‘‘awards’’ includes grants and copy’’ of the bill of lading, such as a pdf or familial status. Persons with cooperative agreements. version of the original bill of lading,

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would be acceptable for payment freight services; but rather, while such process shipping documentation or purposes; this change has been made to entities do a significant portion of the collect freight forwarder compensation these sections. USDA cannot accede to work related to obtaining freight, from the ocean carriers. Further the request to directly quote applicable decisions regarding the acceptance of information regarding this issue is sections of 7 CFR part 3019 into the freight contracts also involve decisions found at the Web site maintained by relevant sections of the regulations. The of employees of USDA. In order to FMC at http://www.fmc.gov/home/faq/ provisions of 7 CFR part 3019 are alleviate any questions that exist index.asp. In addition, FMC has a applicable to all USDA grant programs concerning the propriety of this activity, regulated process for licensing freight and refer to pertinent circulars released the determination has been made to forwarders that will remove this by the Office of Management and follow provisions of the FAR. To the duplicative process from USDA. Lastly, Budget (OMB). This regulation is likely extent that a program participant is USDA has provided further clarification to change more often than the FAS and solely responsible for these activities on the intention of sections 1499.7(c) the Commodity Credit Corporation without regard to any involvement of and 1599.7(c) to allow only licensed (CCC) grant program regulations. employees of USDA, then the FAR freight forwarders to be used by Quoting the applicable sections of 7 provisions would not be applicable. participants in arranging transportation. CFR part 3019 directly into parts 1499 With respect to the use of freight F. Damage to and Loss of Commodities: and 1599 would multiply the forwarders, the use of the FAR to 7 CFR Parts 1499.9 and 1599.9 regulations requiring updates and acquire freight does not preclude the notifications to the public that use, by USDA, of the services of a Comment: One commenter expressed otherwise could be limited to only 7 licensed freight forwarder, similar to the concern regarding the number of times CFR part 3019. process currently used in Title II of the a notification of loss or damage to Food for Peace Act, (Pub. L. 83–480, or commodities may be required during D. Transportation of Goods: 7 CFR Parts referred to as Pub. L. 480 Title II). In the commodity voyage. 1499.7(b) and 1599.7(b) such a case, a licensed freight forwarder Response: USDA agrees with the Comments: Two comments were would act as directed by USDA. concern expressed by the commenter received on this section. The first but also notes that timely notification of commenter encouraged USDA to E. Transportation of Goods: 7 CFR Parts damages to and losses of commodities implement direct ocean freight 1499.7(c) and 1599.7(c) are necessary to protect the assets of the procurement for its food aid programs. Comments: Four comments were program. USDA has removed the word The other commenter objected to USDA received concerning the use of a ‘‘immediately’’ from this section and directly contracting for freight in licensed freight forwarder rather than a inserted the provision for a timeframe of accordance with the FAR on the bases shipping agent. Three commenter’s notification to be outlined in the that the current process is not unlawful objected to the use of a licensed freight program agreement. and has been upheld in a previous court forwarder rather than a shipping agent G. Claims for Damage to or Loss of ruling, the change would preclude to facilitate the acquisition of Commodities: 7 CFR Parts 1499.10 and freight forwarders from participating in transportation. One commenter stated 1599.10 the program, the proposed system that sections 1499.7(c)(1)–(3) and would return to a process that was ruled 1599.7(c)(1)–(3) go beyond USDA’s Comments: Three comments were inefficient by the Grace Commission, authority and conflict with that of the received on this section. One and, finally, USDA failed to provide Federal Maritime Commission’s (FMC) commenter asked if funds arising from sufficient factual detail and rationale for application requirements. Another a claim could cover the cost of services the rule to permit interested parties to comment was received asking to clarify from a third party sub-contract who comment meaningfully on this change. the intention of sections 1499.7(c) and settled the claims process, and if so, Response: USDA is committed to 1599.7(c) as to preclude the use of would this arrangement have to be providing an efficient and effective entities other than licensed freight stipulated in the program agreement or acquisition process under its food forwarders or to govern only licensed could ‘‘advance approval’’ for such a donation programs. USDA is further freight forwarders within these sections. use of these funds be obtained in committed to ensuring transparency and Response: USDA agrees with the another manner. The second commenter fairness in this process. Therefore, once comments concerning sections recommended USDA to require program the Final Rule is published, USDA will 1499.7(c)(1)–(3) and 1599.7(c)(1)–(3) participants to purchase marine cargo use the Food Aid Consultative Group being in conflict with the FMC’s insurance as this requirement would (FACG) to outline acquisition processes application process and has removed lend itself to the goal of timely that USDA is considering implementing these provisions. USDA further agrees resolution of cargo claims. This under these regulations. The FACG is with the comments concerning sections commenter also suggested that USDA the official consultative group that 1499.7(c)(4) and 1599.7(c)(4) and has adopt a percentage threshold for allows all organizations with an interest removed this requirement since proof of establishing claim value levels. The in food aid programs to provide input to financial responsibility is required in third commenter suggested that USDA the U.S. Government. the FMC application process. As to the allow the participant to determine With respect to the proposal to use comments requesting the continued use whether or not to file a claim for losses the FAR to acquire freight, this of shipping agents, USDA does not agree under $10,000 rather than $20,000. This provision is primarily included to with this comment and will adopt the commenter also asked for clarification reflect the fact that under this rule proposed change set forth in the on who would provide funds for marine USDA would be directly contracting for proposed rule. Currently, there is no cargo insurance if such insurance were freight in many circumstances and definition of ‘‘shipping agent’’ and there required. program recipients would not have the are no services of a shipping agent Response: USDA agrees that, if such burden of obtaining such services. identified that a licensed freight a situation were to arise, it should be Further, under current practices, in forwarder could not provide. In fact, an handled outside the program agreement. most instances the program recipient is unlicensed freight forwarder may not The current regulation allows for not solely responsible for procuring book or arrange vessel space for others, advance approval and does not stipulate

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that such approval must be stipulated in revised OMB Circular A–133. In support in domestic programs. The commenter’s the program agreement; therefore, no of this, 7 CFR 3019.26(a), that is suggest replacing ‘‘or’’ with ‘‘and’’ at the changes are made to the regulations. referenced in sections 1499.13(d) and end of section 470(b)(1). However, USDA will include 1599.13(d), contains the reference to the Response: Section 402(2) of Public procedures on this subject matter in Single Audit Act and OMB Circular A– Law 480 provides, in relevant part, that applicable program documents and in 133. Regarding the timeframe for report with respect to the administration of the guidance provided to participants, submissions, USDA intends to provide Title II of that Act, ‘‘* * * a product of which will be developed once the final a specific timeframe for participants to an agricultural commodity shall not be rule is in effect. Regarding the required submit reports and evaluations within considered to be produced in the United purchase of marine cargo insurance, the agreements. At this time, USDA States if it contains any ingredient that USDA will consider this provision on does not foresee a change in reporting is not produced in the United States, if an agreement basis as USDA assesses timeframes but has moved this that ingredient is produced and is the risk involved in moving the provision into the agreements to afford commercially available at fair and commodities. If USDA determines that flexibility in managing the programs. reasonable prices. This provision is also it is in the best interest of the programs, Evaluating activities conducted under made applicable to the FFPr Program by USDA will require and provide funding USDA food aid programs will provide section 1110(e)(4) of the FFPr Act. With for marine cargo insurance. As to the insight to USDA in developing more respect to the McGovern-Dole Program, value for requiring a claim to be filed, effective programs as well as enable section 3107(a) of the Farm Security and USDA does not agree with either USDA to highlight program outcomes Rural Investment Act of 2002 defines an suggestion and therefore has not made rather than program outputs that are agricultural commodity to be ‘‘an any changes to these sections. The currently captured in semi-annual agricultural commodity, or a product of current language allows participants to reports. These evaluations will an agricultural commodity, that is file a claim at any level. In setting the complement FAS’s current system of produced in the United States.’’ $20,000 value level, USDA determined close-out reviews by using a third party Based upon the review of the issues that a benefit to the program could be neutral evaluator and, in the case of raised by this comment, since reached while factoring in the amount mid-period evaluations, afford more procurements of commodities for use in of resources necessary to administer the transparency on program short-comings Public Law 480 and the FFPr Program claims process. prior to the actual closure process so must follow the requirements of section that USDA can determine the best 402(2) of Public Law 480, the definition H. Subrecipients: 7 CFR Parts 1499.12 course of action to remedy the short- of ‘‘additive’’ has been modified to refer and 1599.12 comings. to ‘‘ingredient’’ and the cited statutory Comment: One commenter questioned provision has been incorporated into the the need for USDA to receive copies of J. Definitions: 48 CFR Part 470.101 definition of ‘‘ingredient’’. With respect subrecipient contracts. The commenter Comments: Three comments were to the McGovern-Dole Program, in order suggested that the participant retain received that outlined the ability for to ensure consistency with these other copies of the subrecipient contracts and some commodities to be maintained in two programs and in recognition of the make them available upon request by a non-commingled manner, and, fact that often procurements of USDA. therefore, requested that USDA consider commodities are done simultaneously Response: USDA understands the either excluding some commodities for two or more of these programs, concern expressed by the commenter; from this definition, removing the USDA will use the same definition of however, USDA has had recent definition, and thereby the allowance ‘‘ingredient.’’ experiences with subrecipient contracts for commingling in its entirety, or USDA concurs with the comment either not being in place or not modifying it to conform more closely to since it is desirable to harmonize the providing adequate assurances to the domestic commodity donation manner in which ingredients are treated protect the integrity of the donation programs. for this purpose. USDA has revised 48 programs. Further, OIG also Response: USDA recognizes that CFR 470.103(b) to reflect the statutory recommends that these contracts receive commodities are maintained and stored provision regarding ingredients as found oversight by FAS and CCC. Therefore, in various manners. USDA further in Public Law 480 with regard to USDA is retaining the current language agrees with protecting the U.S. origin procurements made for FAS and the in this section. integrity of commodities when this is U.S. Agency for International the normal commercial practice. Development (USAID) programs. I. Recordkeeping and Reporting Accordingly, 48 CFR 470.101 has been Accordingly, for these international Requirements: 7 CFR Parts 1499.13 and revised to provide that in those programs, the procurement of 1599.13 instances in which it has been commodities with ingredients will be Comment: One commenter determined by USDA that a commodity handled in the same manner as recommended the following: require that is stored in a commingled manner procurements relating to programs USDA to make the annual Single Audit but which is one that can be reasonably administered by the Food and Nutrition Act and OMB Circular A–133 stored on an identity preserved basis Service except as may otherwise be mandatory, regardless of funding with respect to its origin, USDA will required by statute. availability; provide specific timeframes require such commodity that is being L. United States Origin of Agricultural for participants to submit reports and procured to originate from the United Products: 48 CFR Part 470.103(c) evaluations; and clarify how the new States. evaluation requirement will Comments: USDA received four complement FAS’s current system of K. United States Origin of Agricultural comments concerning the use of close-out reviews. Products: 48 CFR Part 470.103(b) commingled products as a product of Response: USDA agrees that Comments: USDA received three the United States. Two of the comments participants must conduct an annual comments concerning USDA’s attempt expressed concern that non-U.S. origin audit in accordance with the Single to harmonize the use of additives in products may be provided under USDA Audit Act (31 U.S.C. 7501–7507) and international programs with those used food assistance programs, while two

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other comments suggested N. Miscellaneous Points of Clarification and/or USAID determine if each modifications related to the timing of Comments: One comment was offeror’s service and rates are responsive the commodity procurement to bring the received recommending that FAS to their needs. Once the grantee and/or language into commercial norms. continue to monitor agreements entered USAID provides their acceptance of the Response: USDA agrees that this into under Section 416(b) of the offers of service, USDA then runs an section does not adequately take into Agricultural Act of 1949 (Section analysis to determine lowest landed consideration the situation in which a 416(b)) in the same manner and subject cost. USAID and grantee organizations vendor has procured U.S. agricultural to the same regulations as the will have full discretion over carrier products prior to the issuance of a McGovern-Dole Program and FFPr. responsiveness determinations in solicitation. Accordingly, this provision Another comment was received that accordance with the procedures has been revised to provide that a recommended USDA create and attach identified in 22 CFR 211. commingled product shall be reporting forms to the agreements. A considered to be a product of the United Changes to the AGAR have been commenter asked a question about the States, if the offeror can establish that reviewed and approved by the Acting relevant application of OMB A–122 the offeror has in inventory at the time Deputy Assistant Secretary for Circular to 7 CFR parts 1499 and 1599. the contract for the commodity or Departmental Administration as Response: In response to the comment product is awarded to the offeror, or authorized in 48 CFR Chapter 4, subpart on monitoring Section 416(b), USDA obtains during the contract performance 401.601(a)(1). intends to monitor Section 416(b) in a period specified in the solicitation, or a manner consistent with 7 CFR parts Executive Order 12866 combination thereof, a sufficient 1499 and 1599 as relevant to the quantity of the commodity or product The final rule has been determined to purpose and scope of Section 416(b). that was produced in the United States be non-significant under E.O. 12866 and Under Section 416(b), CCC makes to fulfill the contract being awarded, has not been reviewed by the Office of available commodities that it has and all unfulfilled contracts that the Management and Budget. offeror entered into to provide such acquired in its normal operations for use commingled product to the U.S. in international programs. No Regulatory Flexibility Act commodities are procured for use under Government. This rule is not subject to the In addition, this section has been this provision. By using the Federal Regulatory Flexibility Act because FAS revised with respect to the domestic Register to announce and administer is not required by 5 U.S.C. 553 or any origin requirements for products of Section 416(b), USDA will have the animals. Upon further consideration, flexibility to apply the relevant sections other law to publish a notice of USDA has determined that rather than of 1499 and 1599 to this donation proposed rulemaking and as such under to attempt to set forth in this section a program while taking into account any Section 601(2) of the Act it is exempt. unique requirements for this program. generic provision regarding domestic Environmental Assessment origin, that the specific requirements In response to the comment on reporting applicable to the country in which the forms, USDA may reference the FAS has determined that this rule animal from which the product was reporting form number and revision does not constitute a major State or obtained was bred, raised, slaughtered date within the agreement but attaching Federal action that would significantly and processed should be set forth in the reporting forms will only add to the affect the human or natural environment individual solicitations. Under this volume of the agreement. With regard to consistent with the National process, USDA can take into account the OMB A–122 Circular, this circular, as Environmental Policy Act (NEPA), 40 differences that exist with respect to well as others, has been incorporated CFR part 1502.4, Major Federal actions various animals, e.g., poultry, pork or into 7 CFR 3019, entitled ‘‘Uniform requiring the preparation of beef, and the various types of products Administrative Requirements for Grants Environmental Impact Statements; and that are obtained, e.g., full cuts of meat and Agreements with Institutions of Compliance with NEPA implementing or poultry and processed products. Higher Education, Hospitals, and Other the regulations of the Council on Non-Profit Organizations’’. Environmental Quality, 40 CFR parts M. Issuance of Invitations: 7 CFR Part In reviewing the language in 48 CFR 1496.4 1500–1508. Therefore no environmental part 470, we have determined that while assessment or environmental impact Comment: One commenter pointed changes to the actual provisions of 48 statement will be prepared. out that the removal of the provision CFR 470.202(e)(3) are not needed, requiring a one day turnaround of USDA does wish to make clear that with Executive Order 12988 supplier bids would impose immense respect to the lowest landed cost new market risks for suppliers. determination, as the programs have This rule has been reviewed under Response: Regarding the turnaround evolved over many years, the program E.O. 12988. This rule is not retroactive time for the acceptance of offers participant obtains potential bids from and it does not preempt State or local (referred to as ‘‘bids’’), the process prospective carriers and these bids are laws, regulations, or policies unless they would follow the practices prescribed provided to the Farm Service Agency present an irreconcilable conflict with by the FAR, 48 CFR Chapter 4. These (FSA) which utilizes a sophisticated this rule. This rule would not be are standard solicitation methods computer program to analyze the freight retroactive. prescribed government-wide. Offerors bids in conjunction with the various Executive Order 12372 would be given the opportunity to bids obtained in the procurement of propose prices for a specific period of commodities to ascertain which This program is not subject to E.O. time, for example, 24, 36 or 48 hours. combination of carrier bids and 12372, which requires This would be the offer acceptance commodity bids produces the lowest intergovernmental consultation with period. After that time, offers would landed cost of delivery of the State and local officials. See the notice expire and would no longer be valid, commodity to foreign destinations. Prior related to 7 CFR part 3015, subpart V, thereby preventing the imposition of to the computer system running a published at 48 FR 29115 (June 24, new market risks for suppliers. lowest landed cost analysis, the grantees 1983).

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Executive Order 13132 CFR parts 1496, 1499, 1599 and 48 CFR Activity means a project to be carried The policies contained in this rule do part 470 are amended as follows: out by a participant, directly or through a subrecipient, to fulfill the objectives of not have any substantial direct effect on Title 7—Agriculture states, on the relationship between the an agreement. Agreement means a legally binding national government and the states, or PART 1496—[REMOVED] agreement entered into between CCC on the distribution of power and ■ and a participant to implement responsibilities among the various 1. 7 CFR part 1496 is removed. ■ activities under FFPr. levels of government. Nor does this rule 2. Revise part 1499 to read as follows: CCC means the Commodity Credit impose substantial direct compliance PART 1499—FOOD FOR PROGRESS Corporation and includes any official of costs on state and local governments. PROGRAM the United States delegated the Therefore, consultation with the states responsibility to act on behalf of CCC. is not required. Sec. CCC-provided funds means U.S. 1499.1 General statement. Unfunded Mandates 1499.2 Definitions. dollars provided under an agreement to a participant for expenses for the This rule contains no unfunded 1499.3 Eligibility determination. internal transportation, storage and mandates as defined in sections 202 and 1499.4 Application process. handling of the donated commodities, 205 of the Unfunded Mandates Reform 1499.5 Agreements. 1499.6 Payments. expenses involved in the administration Act of 1995 (UMRA). 1499.7 Transportation of goods. and monitoring of the activities under Paperwork Reduction Act of 1995 1499.8 Entry and handling of commodities. the agreement, and technical assistance 1499.9 Damage to or loss of commodities. related to the monetization of donated In accordance with the Paperwork 1499.10 Claims for damage to or loss of Reduction Act of 1995, FAS has commodities. commodities. previously received approval from OMB 1499.11 Use of commodities and sales Commodities mean U.S. agricultural with respect to the information proceeds. commodities or products of U.S. collection required to support these 1499.12 Subrecipients. agricultural commodities. 1499.13 Recordkeeping and reporting Donated commodities means the programs. The Information Collection is requirements. commodities donated by CCC to a described below: 1499.14 Noncompliance with an agreement. participant under an agreement. The Title: Food Donation Programs (Food 1499.15 Suspension, termination, and term may include donated commodities for Progress, Section 416(b)) and closeout of agreements. that are used to produce a further McGovern-Dole International Food for 1499.16 Appeals. processed product for use under the Education and Child Nutrition. 1499.17 Paperwork Reduction Act. agreement. OMB Control Number: 0551–0035. Authority: 7 U.S.C. 1736o; and 15 U.S.C. FAS means the Foreign Agricultural 714b and 714c. E-Government Act Compliance Service acting on behalf of CCC. FFPr means the Food for Progress FAS is committed to complying with § 1499.1 General statement. Program. the E-Government Act, to promote the (a) This part sets forth the general Force majeure is a common clause in use of the Internet and other terms and conditions governing the contracts, exempting the parties for non- information technologies to provide donation of commodities by the fulfillment of their obligations as a increased opportunities for citizen Commodity Credit Corporation (CCC) to result of conditions beyond their access to Government information and participants in the Food for Progress control, such as earthquakes, floods or services, and for other purposes. The Program (FFPr). Under FFPr, war. forms, regulations, and other participants use the donated commodities or proceeds from the sale Income means interest earned on sale information collection activities proceeds and other resources received required to be utilized by a person of such commodities to implement activities in a foreign country pursuant by a participant, other than sale subject to this rule are available at proceeds, as a result of carrying out an http://www.fas.usda.gov. to an agreement with CCC. The Foreign Agricultural Service (FAS) of the agreement. The term may include List of Subjects Department of Agriculture (USDA) resources from VAT refunds, activity fees, interest on loans, and other 7 CFR Part 1496 administers FFPr on behalf of CCC. (b) In addition to the provisions of sources. Agricultural commodities, Food this part, other regulations of general Participant means an entity with assistance programs, Foreign aid, application issued by USDA, including which CCC has entered into an Government procurement. the regulations set forth in Chapter 30 agreement. Subrecipient means a legal entity that 7 CFR Part 1499 of this title, are applicable to the FFPr. All provisions of the CCC Charter Act receives donated commodities, income, Agricultural commodities, Food (15 U.S.C. 714 et seq.) and any other sale proceeds or other resources from a assistance programs, Foreign aid. statutory provisions that are generally participant for the purpose of implementing in the targeted country 7 CFR Part 1599 applicable to CCC are applicable to FFPr and the regulations set forth in this part. activities described in a FFPr agreement Agricultural commodities, Food (c) This part shall not apply to a and that is accountable to such assistance programs, Exports, Foreign donation by CCC to a foreign participant for the use of such aid. government or an intergovernmental commodities, funds, or resources. The 48 CFR Part 470 agency or organization (such as the term may include foreign or United Nations’ World Food Program) international organizations (such as Government procurement, Reporting under FFPr. agencies of the United Nations) at the and recordkeeping requirements. discretion of FAS. For the reasons set out in the § 1499.2 Definitions. Sale proceeds mean funds received by preamble, under the authority of 5 The following definitions are a participant from the sale of donated U.S.C. 553: 15 U.S.C. 714b and 714c, 7 applicable to this part: commodities.

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Targeted country means the country (b) An applicant shall include the (i) An explanation of whether the in which activities are implemented following items in its application: activity would be carried out through under an agreement. (1) A completed Form SF–424, which the distribution or barter of the is a standard application for Federal requested commodities or funded by § 1499.3 Eligibility determination. assistance; sale proceeds, income, or a combination (a) An entity will be eligible to (2) An introduction that contains the thereof; and become a participant only after FAS elements specified in paragraph (c) of (ii) The amount of commodities determines that the entity has: this section; and requested and of any sale proceeds and (1) Organizational experience in (3) A plan of operation that contains income expected to be generated to implementing and managing awards, the elements specified in paragraph (d) carry out such activity; and and the capability and personnel to of this section. (iii) A detailed description of the develop, implement, monitor, report on, (c) The introduction shall include: activity, including the steps involved in and provide accountability for activities (1) An explanation of the need for the its implementation and the anticipated in accordance with this part; food aid in the targeted country and completion date; (2) Experience working in the how the applicant’s proposed activities (7) Any cash or non-cash proposed targeted country; would address that need; contributions that the applicant expects (3) An adequate financial framework (2) Information regarding the to receive from non-CCC sources that: to implement the activities the entity applicant’s ability to become registered (i) Are critical to the implementation proposes to carry out under FFPr. In and operate in the targeted country; of the proposed activities; or order to determine whether the entity is (3) Information about the applicant’s (ii) Enhance the implementation of financially responsible, FAS may past food aid projects; and the activities; require it to submit corporate policies (4) A budget that details the amount (8) Any subrecipient that would be and financial materials that have been of any sale proceeds, income, and CCC- involved and a description of each audited or otherwise reviewed by a provided funds that the applicant subrecipient’s responsibilities and its third party; proposes to use to fund: capability to perform responsibilities; (4) A person or agent located in the (i) Administrative costs; (9) Any governmental or United States with respect to which (ii) Inland transportation, storage and nongovernmental entities that would be service of judicial process may be handling costs; and involved and the extent to which FFPr obtained by FAS on behalf of the entity; (iii) Activity costs. will strengthen or increase the and (d) A plan of operation shall include: capabilities of such entities to further (5) An operating financial account in (1) The name of the targeted country economic development in the targeted the proposed targeted country, or a where the proposed activities would be country; satisfactory explanation for not having implemented; (10) The method by which the such an account and a description of (2) The kind, quantity, and proposed applicant intends to inform how a FFPr agreement would be use of the commodities requested, and beneficiaries of an activity about the administered without such an account. any commodities that would be source of the requested commodities or (b) In determining whether an entity acceptable substitutions therefor, and funding for the activity and, where the will be eligible to be a participant, FAS the proposed delivery schedule; beneficiaries will be receiving the may consider the entity’s previous (3) If monetization or barter is commodities directly, how to prepare compliance or noncompliance with the proposed: and use them properly; provisions of this part and part 1599 of (i) The quantity of the requested (11) Established baselines, a timeline, this title. FAS may consider matters commodities that would be sold or and proposed outcomes that would such as whether the entity corrected bartered; enable FAS to measure the applicant’s deficiencies in the implementation of an (ii) The amount of sale proceeds progress towards achieving the agreement in a timely manner and anticipated; objectives of the proposed activities; whether the entity has timely and (iii) The amount of income expected (12) If the proposed activities would accurately filed reports and other to be generated; involve the use of sale proceeds or submissions that are required to be filed (iv) The anticipated monetization income: with FAS and other agencies of the completion date; (i) The process that the applicant United States. (v) The goods or services to be would use to sell the requested generated from the barter of the commodities, including steps the § 1499.4 Application process. requested commodities; and applicant would take to use, to the (a) An entity seeking to enter into an (vi) The value of the goods or services extent possible, the private sector in the agreement with CCC shall submit an anticipated to be generated from the monetization process; and application, in accordance with this barter of the requested commodities. (ii) The procedures that the applicant section, that sets forth its proposal to (4) A list of each of the activities that would use to assure that sale proceeds carry out activities under FFPr in the would be implemented, with a brief and income are received and deposited proposed targeted country. An statement of the objectives to be into a separate, interest-bearing account application shall contain the items accomplished under each activity; and disbursed from such account for use specified in paragraph (b) of this section (5) For each proposed activity, the only in accordance with the agreement; and shall be submitted electronically to targeted geographic area, anticipated (13) A description of any port, FAS at the address set forth at http:// beneficiaries, and methods that the transportation, storage, and warehouse www.fas.usda.gov. An entity that has applicant would use to choose such facilities that would be used with not yet met the eligibility requirements beneficiaries, including obtaining and sufficient detail to demonstrate that they in § 1499.3 may submit an application, considering statistics on poverty levels, would be adequate to handle the but FAS will not enter into an food deficits, and any other required requested commodities without undue agreement with an entity until FAS had items set forth on the FAS Web site at spoilage or waste, and, in cases where made a determination of eligibility http://www.fas.usda.gov. the applicant proposes to distribute under § 1499.3. (6) For each proposed activity: some or all of the requested

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commodities, a description of how they (e) A participant will be prohibited expenses approved by CCC, indicating would be transported from the receiving from using CCC-provided funds to the amount due and accompanied by a port to the point at which distribution acquire goods and services, either certification from the carrier or other would be made to the beneficiaries; directly or indirectly through another parties that payments have been (14) Any reprocessing or repackaging party, from certain countries that will be received from the participant; and of the requested commodities that specified in the agreement. Any (8) A document on letterhead and would take place prior to the violation of this provision of the signed by an officer or agent of the distribution, sale or barter by the agreement will be a basis for immediate participant specifying the name of the applicant; termination by CCC of the agreement, in entity to receive payment; the bank ABA (15) The action the applicant would addition to the imposition of any other number to which payment is to be take to ensure that any commodities to applicable civil and criminal penalties. made; the account number for the be distributed to beneficiaries, rather (f) The agreement will prohibit the deposit at the bank; the participant’s than sold, would be imported and sale or transshipment of the donated taxpayer identification number; and the distributed free from all customs, duties, commodities to a country not specified type of the account into which the tolls, and taxes; in the agreement for as long as such payment will be deposited. (16) A plan that shows how the donated commodities are controlled by (b) If the participant arranges for requested commodities could be the participant. transportation in accordance with imported and distributed without a (g) CCC may enter into a multicountry § 1499.7(b)(2), and the participant has disruptive impact upon production, agreement in which donated used a freight forwarder, the participant prices and marketing of the same or like commodities are delivered to one shall cause the freight forwarder to products in the country where they will country and activities are carried out in submit the documents specified in be delivered, and the extent to which another. § 1499.6(a) in order to receive payment any sale or barter of the requested (h) CCC may provide donated from CCC. commodities would displace or interfere commodities and CCC-provided funds (c) In no case will CCC reimburse a with any sales that may otherwise be under a multiyear agreement contingent participant for demurrage costs or pay made by the applicant or any other upon the availability of commodities demurrage to any other entity. entity in the country where they will be and funds. (d) If FAS has agreed to pay the costs delivered; and § 1499.6 Payments. of transporting, storing, and distributing the donated commodities from the (17) Any additional required items set (a) If the participant arranges for designated port or point of entry, the forth on the FAS Web site at http:// transportation in accordance with participant will be reimbursed in the www.fas.usda.gov. § 1499.7(b)(2), and the participant seeks manner set forth in the agreement. payment directly, the participant shall, § 1499.5 Agreements. (e) If the agreement authorizes the as specified in the agreement, either (a) After FAS approves an applicant’s payment of CCC-provided funds, CCC submit to FAS, or maintain on file and proposal, FAS will develop an will pay these funds to the participant make available to FAS, the following agreement in consultation with the on a reimbursement for expenses basis, documents: applicant. The agreement will set forth (1) A signed copy of the completed except as provided in paragraph (f)(1) of the obligations of CCC and the Form CCC–512; this section. The participant shall participant. A participant must comply (2) The original, or a true copy of, request the payment of CCC-provided with the terms of the agreement to each on-board bill of lading indicating funds to reimburse it for authorized receive assistance. the freight rate and signed by the expenses in the manner set forth in the (b) A participant shall not use originating carrier; agreement. donated commodities, sale proceeds, (3) For all non-containerized cargoes: (f)(1) A participant may request an income or CCC-provided funds for any (i) A signed copy of the Federal Grain advance of the amount of funds activity or any expenses incurred by the Inspection Service (FGIS) Official specified in the agreement. FAS will not participant prior to the date of the Stowage Examination Certificate (Vessel approve any request for an advance if: agreement or after the agreement is Hold Certificate); (i) It is received earlier than 60 days suspended or terminated, except as (ii) A signed copy of the National after the date of a previous advance approved by FAS. Cargo Bureau Certificate of Readiness made in connection with the same (c) The agreement will include a (Vessel Hold Inspection Certificate); agreement; or budget that sets forth the maximum and, (ii) Any required reports, as specified amounts of sale proceeds and CCC- (iii) A signed copy of the National in § 1499.13 and in the agreement, are provided funds that may be expended Cargo Bureau Certificate of Loading; more than six months in arrears. for various purposes under the (4) For all containerized cargoes, a (2) Except as may otherwise be agreement. A participant may make copy of the FGIS Container Condition provided in the agreement, the adjustments to this budget without prior Inspection Certificate; participant shall deposit and maintain approval from FAS only as specified in (5) A signed copy of the liner booking in a bank account located in the United the agreement. note or charter party covering ocean States all funds advanced by CCC. The (d) Prior to providing any donated transportation of the cargo; account shall be interest-bearing, unless commodities or CCC-provided funds to (6) In the case of charter shipments, the exceptions in § 3019.22(k) of this a participant under an agreement, FAS a signed notice of arrival at the first title apply, or FAS determines that this may require the participant to complete discharge port, unless FAS has requirement would constitute an undue a training program administered by FAS determined that circumstances of force burden. The participant shall remit that is designed to ensure that the majeure have prevented the vessel’s semi-annually to CCC any interest participant is aware of, and has the arrival at the first port of discharge; earned on the advanced funds. The capacity to complete, all required (7) A request by the participant for participant shall, no later than 10 days reporting and audit functions set forth reimbursement of freight, survey costs after the end of each calendar quarter, in this part. other than at load port, and other submit a financial statement to FAS

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accounting for all funds advanced and of this section shall declare in the (ii) A statement that the donated all interest earned. transportation contract the point at commodities may not be sold, (3) The participant shall return to CCC which the ocean carrier will take exchanged, or bartered. any funds that are advanced by CCC if custody of commodities to be (d) A participant shall arrange with such funds have not been obligated as transported. the government of the targeted country of the 180th day after the advance was that all donated commodities to be made. Such funds and interest shall be § 1499.8 Entry and handling of commodities. distributed will be imported and transferred to FAS within 30 days of distributed free from all customs, duties, such date. (a) The participant shall make all tolls, and taxes. A participant is (g) If a participant is required to pay necessary arrangements for receiving the encouraged to make similar funds to CCC in connection with an donated commodities in the targeted arrangements, where possible, with the agreement, the participant shall make country, including obtaining government of the country where such payment in U.S. dollars, unless appropriate approvals for entry and donated commodities to be sold or otherwise approved in advance by FAS. transit. The participant shall store and bartered are delivered. (h) Suppliers of commodities shall maintain the donated commodities in seek payment according to the purchase good condition from the time of delivery § 1499.9 Damage to or loss of contract with CCC. at the port of entry or the point of commodities. receipt from the originating carrier until § 1499.7 Transportation of goods. (a) FAS will be responsible for the their distribution, sale or barter. donated commodities prior to the (a) Shipments of donated (b) The participant shall, as provided transfer of title to the commodities to commodities are subject to the in the agreement, arrange for the participant. The participant will be requirements of 46 U.S.C. 55305 and transporting, storing, and distributing responsible for the donated 55314, regarding carriage on U.S.-flag the donated commodities from the commodities following the transfer of vessels. designated point and time where title to title to the commodities to the (b) Transportation of donated the commodities passes to the commodities and other goods such as participant. The title will transfer as participant by contracting directly with specified in the agreement. bags that may be provided by CCC suppliers of services, as set forth in the (b) A participant shall inform FAS, in under FFPr will be acquired under a agreement. the manner and within the time period specific agreement in the manner (c)(1) If a participant arranges for the determined by FAS. Such transportation set forth in the agreement, of any packaging or repackaging of donated damage to or loss of the donated will be acquired by: commodities that are to be distributed, (1) CCC in accordance with the commodities that occurs following the the participant shall ensure that the transfer of title to the commodities to Federal Acquisition Regulations (FAR), packaging: USDA’s procurement regulations set the participant. The participant shall (i) Is plainly labeled in the language take all steps necessary to protect its forth in chapter 4 of title 48 of the Code of the targeted country; of Federal Regulations (the AGAR), and interests and the interests of CCC with (ii) Contains the name of the donated directives issued by the Director, Office respect to any damage to or loss of the commodities; of Procurement and Property donated commodities that occurs after (iii) Includes a statement indicating Management, USDA; or title has been transferred to the that the donated commodities are (2) The participant, with participant. The agreement will specify furnished by the people of the United reimbursement by CCC, in the manner whether the participant is responsible States of America; and, specified in the agreement. for obtaining a survey in the event that (c) A participant that acquires (iv) Includes a statement indicating the donated commodities are damaged transportation in accordance with that the donated commodities shall not or lost following the transfer of title to paragraph (b)(2) of this section may only be sold, exchanged or bartered. the commodities to the participant. use the services of a freight forwarder (2) If a participant arranges for the (c) If the donated commodities are that is licensed by the FMC and that reprocessing and repackaging of damaged or lost during the time that would not have a conflict of interest in donated commodities that are to be they are in the care of the carrier: carrying out the freight forwarder distributed, the participant shall ensure that the packaging: (1) And either FAS or the participant duties. To assist FAS in determining engages the services of an independent whether there is a potential conflict of (i) Is plainly labeled in the language of the targeted country; cargo surveyor, the surveyor will interest, the participant must submit to provide to FAS and the participant any FAS a certification indicating that the (ii) Contains the name of the reprocessed product; report, narrative chronology or other freight forwarder: commentary that it prepares; (1) Is not engaged in, and will not (iii) Includes a statement indicating (2) FAS and the participant will engage in, supplying commodities or that the reprocessed product was made provide to each other the names and furnishing ocean transportation or ocean with commodities furnished by the addresses of any individuals known to transportation-related services for people of the United States of America; be present at the time of discharge or commodities provided under any FFPr and, during the survey who can verify the agreement to which the participant is a (iv) Includes a statement indicating quantity of damaged or lost party; and that the reprocessed product shall not (2) Is not affiliated with the be sold, exchanged or bartered. commodities; participant and has not made (3) If a participant distributes donated (3) And the participant engages the arrangements to give or receive any commodities that are not packaged, the services of the surveyor, CCC will payment, kickback, or illegal benefit in participant shall, to the extent reimburse the participant for the connection with its selection as an agent practicable, display: reasonable costs, as determined by FAS, of the participant. (i) Banners, posters or other media of the survey, unless: (d) A participant that is responsible informing the public of the name and (i) The participant was required by for transportation under paragraph (b)(2) source of the donated commodities; and the agreement to pay for the survey;

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(ii) The survey was a delivery survey commodity acquisition, transportation, (2) Notifying FAS immediately and and the surveyor did not also prepare a and related costs incurred by CCC with providing detailed information about discharge survey; or respect to such commodities. The the circumstances surrounding such (iii) The survey was not conducted participant shall inform FAS of the damage or loss, the quantity of damaged contemporaneously with the discharge results of the inspection and indicate or lost donated commodities, and the of the vessel, unless FAS determines whether the damaged commodities are: value of the damage or loss. that such action was justified under the (1) Fit for the use authorized in the (c) If the participant has title to the circumstances; agreement and, if so, whether there has donated commodities, and the value of (4) Any survey obtained by the been a diminution in quality; or the damaged or lost donated participant shall, to the extent (2) Unfit for the use authorized in the commodities is estimated to be less than practicable, be conducted jointly by the agreement. $20,000, the participant will be surveyor, the participant, and the (e)(1) If the participant has title to the responsible for providing detailed carrier, and the survey report shall be donated commodities, the participant information about the damage or loss in signed by all parties; shall arrange for the recovery of that the next report required to be filed (5) And the damage or loss occurred portion of the donated commodities under § 1499.13(c)(1) or (2) and shall with respect to a bulk grain shipment, designated as suitable for the use not be required to initiate a claim if the agreement provides that the authorized in the agreement. The collection action. participant is responsible for survey and participant shall dispose of donated (d)(1) The value of a claim for lost outturn reports, the participant shall commodities that are unfit for such use donated commodities shall be engage the services of an independent in the following order of priority: determined on the basis of the cargo surveyor to: (i) Sale for the most appropriate use, commodity acquisition, transportation, (i) Observe the discharge of the cargo; i.e., animal feed, fertilizer, industrial and related costs incurred by CCC with (ii) Report on discharging methods, use, or another use approved by FAS, at respect to such commodities. including scale type, calibrations and the highest obtainable price; (2) The value of a claim for damaged any other factor that may affect the (ii) Donation to a governmental or donated commodities shall be accuracy of scale weights, and, if scales charitable organization for use as animal determined on the basis of the are not used, state the reason therefor feed or for other non-food use; or commodity acquisition, transportation, and describe the actual method used to (iii) Destruction of the commodities if and related costs incurred by CCC with determine weight; they are unfit for any use, in such respect to such commodities, less any (iii) Estimate the quantity of cargo, if manner as to prevent their use for any funds generated if such commodities are any, lost during discharge through purpose. sold in accordance with § 1499.9(e)(1). carrier negligence; (2) The participant shall arrange for (e) If FAS determines that a (iv) Advise on the quality of all U.S. Government markings to be participant is not exercising due sweepings; obliterated or removed before the diligence in the pursuit of a claim, FAS (v) Obtain copies of port or vessel donated commodities are transferred by may require the participant to assign its records, if possible, showing the sale or donation. rights to pursue the claim to FAS. quantity discharged; and (f) A participant may retain any (f)(1) The participant may retain any (vi) Notify the participant proceeds generated by the disposal of funds obtained as a result of a claims immediately if the surveyor has reason the donated commodities in accordance collection action initiated by it in to believe that the correct quantity was with paragraph (e)(1) of this section and accordance with this section, or not discharged or if additional services shall use the proceeds for expenses recovered pursuant to any insurance are necessary to protect the cargo; and related to the disposal of the donated policy or other similar form of (6) And the damage or loss occurred commodities and for activities specified indemnification, but such funds shall with respect to a container shipment, if in the agreement. only be expended for purposes the agreement provides that the (g) The participant shall notify FAS approved in advance by FAS. participant is responsible for survey and immediately and provide detailed (2) FAS will retain any funds obtained outturn reports, the participant shall information about the actions taken in as a result of a claims collection action engage the services of an independent accordance with paragraph (e)(1) of this initiated by it under this section; cargo surveyor to list the container section, including the quantities, values, provided, however, that if the numbers and seal numbers shown on and dispositions of commodities participant paid for the freight or a the containers, indicate whether the determined to be unfit. portion thereof, FAS will use a portion seals were intact at the time the of such funds to reimburse the containers were opened, and note § 1499.10 Claims for damage to or loss of participant for such expense on a commodities. whether the containers were in any way prorated basis. damaged. (a) FAS will be responsible for claims (d) If the participant has title to the arising out of damage to or loss of a § 1499.11 Use of commodities and sale donated commodities, and the value of quantity of the donated commodities proceeds. any damaged donated commodities is in prior to the transfer of title to the (a) A participant must use the donated excess of $1,000, the participant shall commodities to the participant. commodities in accordance with the immediately arrange for an inspection (b) If the participant has title to the agreement. by a public health official or other donated commodities, and the value of (b) A participant shall not permit the competent authority approved by FAS the damaged or lost donated distribution, handling, or allocation of and provide to FAS a certification by commodities is estimated to be $20,000 donated commodities on the basis of such public health official or other or greater, the participant will be political affiliation, geographic location, competent authority regarding the exact responsible for: or the ethnic, tribal or religious identity quantity and condition of the damaged (1) Initiating a claim arising out of or affiliation of the potential consumers commodities. The value of damaged such damage or loss, including actions or beneficiaries. donated commodities shall be relating to collections pursuant to (c) A participant shall not permit the determined on the basis of the commercial insurance contracts; and distribution, handling, or allocation of

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donated commodities by the military participant and to submit periodic the carrier’s on board bill of lading. The forces or any government or insurgent reports to the participant. The evidence of export must show the kind group without the specific authorization participant shall submit a copy of the and quantity of commodities exported, of FAS. signed contracts to FAS. the date of export, and the country (d) A participant may sell or barter where commodities were delivered. donated commodities only if such sale § 1499.12 Subrecipients. (c)(1) A participant shall submit to or barter is provided for in the (a) If provided for in the agreement, a FAS information, using a form as agreement or the participant is participant may utilize the services of a prescribed by FAS, covering the receipt, disposing of damaged commodities as subrecipient to implement activities handling and disposition of the donated specified in § 1499.9. The participant under this agreement. The participant commodities. Such report shall be shall sell the donated commodities at a shall enter into a written subagreement submitted to FAS, by the dates and for reasonable market price in the economy with the subrecipient, and provide a the reporting periods specified in the where the sale occurs. The participant copy of such subagreement to FAS, in agreement, until all of the donated shall use any sale proceeds, income, or the manner set forth in the agreement, commodities have been distributed, sold goods or services derived from the sale prior to the transfer of any donated or bartered and such disposition has or barter of the donated commodities commodities, sale proceeds, income or been reported to FAS. only as provided in the agreement. CCC-provided funds to the subrecipient. (2) If the agreement authorizes the (e) The participant shall deposit all Such written subagreement shall require sale or barter of donated commodities, sale proceeds and income into a the subrecipient to pay to the the participant shall submit to FAS separate, interest-bearing account unless participant the value of any donated information, using a form as prescribed the exceptions in § 3019.22(k) of this commodities, sale proceeds, income, or by FAS, covering the receipt and use of title apply, the account is in a country CCC-provided cash funds that are not sale proceeds and income, and, in the where the laws or customs prohibit the used in accordance with the case of bartered commodities, covering payment of interest, or FAS determines subagreement or are lost, damaged, or the services and goods derived from the that this requirement would constitute misused as a result of the subrecipient’s barter of donated commodities. Such an undue burden. failure to exercise reasonable care. reports shall be submitted to FAS, by (f) A participant may use sale (b) If a participant demonstrates to the dates and for the reporting periods proceeds or income to purchase real or FAS that it is not feasible to enter into specified in the agreement, until all of personal property only if local law a subagreement with a subrecipient, the sale proceeds and income have been permits the participant to retain title to FAS may grant approval to proceed disbursed and reported to FAS. When such property. However, the participant without a subagreement; provided, reporting financial information, the shall not use sale proceeds or income to however, that the participant must participant shall include the amounts in pay for the acquisition, development, obtain such approval from FAS prior to U.S. dollars and the exchange rate. construction, alteration or upgrade of transferring any donated commodities, (3) The participant shall report, in the real property that is: sale proceeds, income, or CCC-provided manner specified in the agreement, its (1) Owned or managed by a church or funds to the subrecipient. progress, measured against established other organization engaged exclusively (c) The participant shall monitor the baselines, towards achieving the in religious pursuits; or actions of a subrecipient as necessary to objectives of the activities under the (2) Used in whole or in part for ensure that donated commodities or agreement. sectarian purposes, except that a funds provided to the subrecipient are (4) The participant shall retain copies participant may use sale proceeds or used for authorized purposes in of and make available to FAS all barter income to pay for repairs to or compliance with applicable laws and receipts, contracts or other documents rehabilitation of a structure located on regulations and the agreement and that related to the barter of the donated such real property to the extent performance goals are achieved. The commodities and the services or goods necessary to avoid spoilage or loss of participant shall provide in the derived from such barter, for a donated commodities, but only if such subagreement that the subrecipient must minimum of two years after the structure is not used in whole or in part comply with applicable provisions of agreement has been closed out. for any religious or sectarian purposes the regulations set forth in Chapter XXX (5) The participant shall provide to while the donated commodities are of this title. FAS additional information or reports stored in it. If such use is not relating to the agreement if requested by specifically provided for in the § 1499.13 Recordkeeping and reporting FAS. agreement, such use may only occur requirements. (d) A participant shall submit to FAS, after receipt of written approval from (a) A program participant shall retain in the manner specified in the FAS. records and permit access to records in agreement, an annual audit in (g) A participant shall endeavor to accordance with the requirements of accordance with § 3019.26 of this title. comply with §§ 3019.41 through § 3019.53 of this title. The date of If FAS requires an annual financial 3019.43 of this title when procuring submission of the final expenditure audit with respect to a particular goods and services and when engaging report, as referenced in § 3019.53(b) of agreement, and CCC provides funds for in construction work to implement the this title, shall be the final date of this purpose, the participant shall agreement. The participant shall also submission of the forms required by arrange for such audit and submit it to establish procedures to prevent fraud. paragraphs (c)(1) and (2) of this section FAS, in the manner specified in the As provided for in the agreement, the as prescribed by FAS. agreement. participant shall enter into a written (b) A participant shall, within 30 days (e)(1) A participant shall, as provided contract with each provider of goods, after export of all or a portion of the in the agreement, submit to FAS interim services or construction work that donated commodities, submit evidence and final evaluations of the requires the provider to maintain of such export to FAS, in the manner set implementation of the agreement. adequate records to account for all forth in the agreement. The evidence Unless otherwise provided in the donated commodities or funds or both may be submitted through an electronic agreement, the evaluations shall be provided to the provider by the media approved by FAS or by providing submitted at the mid-point and end-

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point of the implementation period. The (1) Be responsible for the safety of any participants in the McGovern-Dole participant shall arrange for the undistributed donated commodities and International Food for Education and evaluations to be conducted by an dispose of such commodities only as Child Nutrition Program (McGovern- independent third party that: agreed to by FAS; and Dole Program). Under the McGovern- (i) Is financially and legally separate (2) Follow the closeout procedures in Dole Program, participants use the from the participant’s organization; §§ 3019.71 through 3019.73 of this title. donated commodities, proceeds from (ii) Has staff with demonstrated (c) An agreement will be considered the sale of such commodities, or funds knowledge, analytical capability, completed when CCC and the provided by FAS to implement language skills and experience in participant have fulfilled their activities in a foreign country pursuant conducting evaluations of development responsibilities under the agreement or to an agreement with FAS. FAS programs involving agriculture, the agreement has been terminated. The administers the McGovern-Dole education, and nutrition; procedures in sections §§ 3019.71 Program and acts on behalf of the (iii) Uses acceptable analytical through 3019.73 of this title will apply Commodity Credit Corporation (CCC) in frameworks such as comparison with to the closeout of a completed cases where the agreement is funded non-project areas, surveys, involvement agreement. with CCC resources. of stakeholders in the evaluation, and (b) In addition to the provisions of statistical analyses; § 1499.16 Appeals. this part, other regulations of general (iv) Uses local consultants, as A participant may appeal a application issued by the Department, appropriate, to conduct portions of the determination arising under this part to including the regulations set forth in evaluation; and, FAS. Such appeal will be in writing and Chapter 30 of this title, are applicable to (v) Provides a detailed outline of the submitted to the FAS official and in the the McGovern-Dole Program. In cases evaluation, major tasks, and specific manner set forth in the agreement. The where an agreement is funded with CCC schedules prior to initiating the participant will be given an opportunity resources, provisions of the CCC Charter evaluation. to have a hearing before a final decision Act (15 U.S.C. 714 et seq.) and any other (2) Receipt by FAS of the evaluations is made regarding its appeal. statutory provisions that are generally referred to in paragraph (e)(1) of this § 1499.17 Paperwork Reduction Act. applicable to CCC are applicable to section is a condition for the participant McGovern-Dole Program and the to retain any funds provided by CCC to The information collection regulations set forth in this part. carry out the evaluations. requirements contained in this (c) This part shall not apply to a (f) A participant shall submit to FAS regulation have been approved by the donation by FAS to a foreign the financial reports and information Office of Management and Budget under government or an intergovernmental outlined in § 3019.52 of this title. The provisions of 44 U.S.C. Chapter 35 and agency or organization (such as the agreement will specify the acceptable have been assigned OMB Number 0551– United Nations’ World Food Program) forms and time requirements for 0035. under the McGovern-Dole Program. submission. ■ 3. Revise part 1599 to read as follows: § 1599.2 Definitions. § 1499.14 Noncompliance with an PART 1599—McGOVERN-DOLE The following definitions are agreement. INTERNATIONAL FOOD FOR applicable to this part: If a participant fails to comply with a EDUCATION AND CHILD NUTRITION Activity means a project to be carried term of an agreement, FAS may take one PROGRAM out by a participant, directly or through or more of the enforcement actions set a subrecipient, to fulfill the objectives of forth in § 3019.62 of this title and, if Sec. an agreement. appropriate, initiate a claim against the 1599.1 General statement. Agreement means a legally binding 1599.2 Definitions. participant. FAS may also initiate a 1599.3 Eligibility determination. agreement entered into between FAS claim against a participant if the 1599.4 Application process. and a participant to implement donated commodities are damaged or 1599.5 Agreements. activities under the McGovern-Dole lost or the sale proceeds, income, or 1599.6 Payments. Program. CCC-provided funds are lost due to an 1599.7 Transportation of goods. CCC means the Commodity Credit action or omission of the participant. 1599.8 Entry and handling of commodities. Corporation and includes any official of 1599.9 Damage to or loss of commodities. the United States delegated the § 1499.15 Suspension, termination, and 1599.10 Claims for damage to or loss of responsibility to act on behalf of CCC. closeout of agreements. commodities. Commodities mean U.S. agricultural (a) An agreement may be suspended 1599.11 Use of commodities and sales commodities or products of U.S. proceeds. or terminated by CCC if it determines agricultural commodities. that: 1599.12 Subrecipients. 1599.13 Recordkeeping and reporting Donated commodities mean the (1) The continuation of the assistance requirements. commodities donated by FAS to a provided under the agreement is no 1599.14 Noncompliance with an agreement. participant under an agreement. The longer necessary or desirable; or 1599.15 Suspension, termination, and term may include donated commodities (2) Storage facilities are inadequate to closeout of agreements. that are used to produce a further prevent spoilage or waste, or 1599.16 Appeals. processed product for use under the distribution of the donated commodities 1599.17 Paperwork Reduction Act. agreement. will result in substantial disincentive to, Authority: 7 U.S.C. 1736o–1. FAS means the Foreign Agricultural or interference with, domestic Service of the United States Department production or marketing in the targeted § 1599.1 General statement. of Agriculture. country. (a) This part sets forth the general FAS-provided funds means U.S. (b) An agreement may be terminated terms and conditions governing the dollars provided under an agreement to in accordance with § 3019.61 of this donation of commodities by the Foreign a participant for expenses for the title. If an agreement is terminated, the Agricultural Service (FAS) of the U.S. internal transportation, storage and participant shall: Department of Agriculture (USDA) to handling of the donated commodities,

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expenses involved in the administration (4) A person or agent located in the (ii) Teacher training, parent-teacher and monitoring of the activities under United States with respect to which associations, community infrastructure, the agreement, and the costs of activities service of judicial process may be and health, nutrition, water and conducted in the targeted country that obtained by FAS on behalf of the entity; sanitation conditions; would enhance the effectiveness of the and (3) Information regarding the activities implemented by the (5) An operating financial account in applicant’s ability to become registered participant under the McGovern-Dole the proposed targeted country, or a and operate in the targeted country; Program. satisfactory explanation for not having (4) Information about the applicant’s Force majeure is a common clause in such an account and a description of past food aid projects; contracts, exempting the parties for non- how a McGovern-Dole Program (5) Methods that the applicant fulfillment of their obligations as a agreement would be administered proposes to use to involve indigenous result of conditions beyond their without such an account. institutions as well as local control, such as earthquakes, floods or (b) In determining whether an entity communities and governments in the war. will be eligible to be a participant, FAS development and implementation of the Income means interest earned on sale may consider the entity’s previous activities in order to foster local proceeds and other resources received compliance or noncompliance with the capacity building and leadership; (6) A budget that details the amount by a participant, other than sale provisions of this part and part 1499 of of any sale proceeds, income, and FAS- proceeds, as a result of carrying out an this title. FAS may consider matters agreement. The term may include provided funds that the applicant such as whether the entity corrected proposes to use to fund: resources from VAT refunds, activity deficiencies in the implementation of an fees, interest on loans, and other (i) Administrative costs; agreement in a timely manner and (ii) Inland transportation, storage and sources. whether the entity has timely and handling costs; and McGovern-Dole Program means the accurately filed reports and other (iii) Activity costs; McGovern-Dole International Food for submissions that are required to be filed (7) A statement verifying the Education and Child Nutrition Program. with FAS and other agencies of the commitment of the government of the Participant means an entity with United States. targeted country to work toward, which FAS has entered into an through a national action plan, the goals § 1599.4 Application process. agreement. of the World Declaration on Education Subrecipient means a legal entity that (a) An entity seeking to enter into an for All convened in 1990 in Jomtien, receives donated commodities, income, agreement with FAS shall submit an Thailand, and the follow-up Dakar sale proceeds or other resources from a application, in accordance with this Framework for Action of the World participant for the purpose of section, that sets forth its proposal to Education Forum, convened in 2000; implementing in the targeted country carry out activities under the McGovern- and activities described in a McGovern-Dole Dole Program in the proposed targeted (8) A description of: Program agreement and that is country. An application shall contain (i) How the benefits of education, accountable to such participant for the the items specified in paragraph (b) of enrollment, and attendance of children use of such commodities, funds, or this section and shall be submitted in schools in the targeted communities resources. The term may include foreign electronically to FAS at the address set will be sustained when the assistance or international organizations (such as forth at http://www.fas.usda.gov. An under the McGovern-Dole Program agencies of the United Nations) at the entity that has not yet met the eligibility terminates; and discretion of FAS. requirements in § 1599.3 may submit an (ii) The estimated period of time Sale proceeds mean funds received by application, but FAS will not enter into required until the targeted country or a participant from the sale of donated an agreement with an entity until FAS the applicant would be able to sustain commodities. had made a determination of eligibility the program without additional Targeted country means the country under § 1599.3. assistance under the McGovern-Dole in which activities are implemented (b) An applicant shall include the Program. under an agreement. following items in its application: (d) A plan of operation shall include: § 1599.3 Eligibility determination. (1) A completed Form SF–424, which (1) The name of the targeted country is a standard application for Federal where the proposed activities would be (a) An entity will be eligible to implemented; become a participant only after FAS assistance; (2) An introduction that contains the (2) The kind, quantity, and proposed determines that the entity has: use of the commodities requested, and (1) Organizational experience in elements specified in paragraph (c) of this section; and any commodities that would be implementing and managing awards, acceptable substitutions therefor, and and the capability and personnel to (3) A plan of operation that contains the elements specified in paragraph (d) the proposed delivery schedule; develop, implement, monitor, report on, (3) If monetization or barter is of this section. and provide accountability for activities proposed: in accordance with this part; (c) The introduction shall include: (i) The quantity of the requested (2) Experience working in the (1) An explanation of the need for commodities that would be sold or proposed targeted country; food aid in the targeted country and bartered; (3) An adequate financial framework how the applicant’s proposed activities (ii) The amount of sale proceeds to implement the activities the entity would address that need; anticipated; proposes to carry out under McGovern- (2) An explanation of the need for a (iii) The amount of income expected Dole Program. In order to determine school feeding program in the targeted to be generated; whether the entity is financially country and information regarding: (iv) The anticipated monetization responsible, FAS may require it to (i) The country’s current school completion date; submit corporate policies and financial feeding operations, if they exist, the (v) The goods or services to be materials that have been audited or length and sessions of a typical school generated from the barter of the otherwise reviewed by a third party; year, and current funding resources; and requested commodities;

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(vi) The value of the goods or services progress towards achieving the (17) Any additional required items set anticipated to be generated from the objectives of the proposed activities and forth on the FAS Web site at http:// barter of the requested commodities; the McGovern-Dole Program, which www.fas.usda.gov. and include: (vii) A justification for monetizing the (i) Increased enrollment and § 1599.5 Agreements. requested commodities that discusses attendance rates, especially for girls; (a) After FAS approves an applicant’s why monetization would provide a (ii) Improved student achievement proposal, FAS will develop an greater benefit than the receipt of FAS- levels through improvements in the agreement in consultation with the provided funds to carry out activities. learning environment; applicant. The agreement will set forth (4) A list of each of the activities that (iii) Improved maternal, child and the obligations of FAS and the would be implemented, with a brief student health and nutrition; participant. A participant must comply statement of the objectives to be (iv) Attracting non-FAS contributions with the terms of the agreement to accomplished under each activity; to development activities; receive assistance. (v) Enabling community support for (5) For each proposed activity, the (b) A participant shall not use infrastructure development; and targeted geographic area, anticipated donated commodities, sale proceeds, (vi) Increased government and beneficiaries, and methods that the income or FAS-provided funds for any community support in education; applicant would use to choose such activity or any expenses incurred by the beneficiaries, including obtaining and (12) If the proposed activities would involve the use of sale proceeds or participant prior to the date of the considering statistics on poverty levels, agreement or after the agreement is food deficits, literacy rates, and any income: (i) The process that the applicant suspended or terminated, except as other required items set forth on the approved by FAS. FAS Web site at http:// would use to sell the requested (c) The agreement will include a www.fas.usda.gov. commodities, including steps the (6) For each proposed activity: applicant would take to use, to the budget that sets forth the maximum (i) An explanation of whether the extent possible, the private sector in the amounts of sale proceeds and FAS- activity would be carried out through monetization process; and provided funds that may be expended the distribution or barter of the (ii) The procedures that the applicant for various purposes under the requested commodities or funded by would use to assure that sale proceeds agreement. A participant may make FAS-provided funds, sale proceeds, and income are received and deposited adjustments to this budget without prior income, or a combination thereof; and into a separate, interest-bearing account approval from FAS only as specified in (ii) The amount of commodities and and disbursed from such account for use the agreement. FAS-provided funds requested, and of only in accordance with the agreement; (d) Prior to providing any donated any sale proceeds and income expected (13) A description of any port, commodities or FAS-provided funds to to be generated, to carry out such transportation, storage, and warehouse a participant under an agreement, FAS activity; and facilities that would be used with may require the participant to complete (iii) A detailed description of the sufficient detail to demonstrate that they a training program administered by FAS activity, including the steps involved in would be adequate to handle the that is designed to ensure that the its implementation and the anticipated requested commodities without undue participant is aware of, and has the completion date; spoilage or waste, and, in cases where capacity to complete, all required (7) Any cash or non-cash the applicant proposes to distribute reporting and audit functions set forth contributions that the applicant expects some or all of the requested in this part. to receive from non-FAS sources that: commodities, a description of how they (e) A participant will be prohibited (i) Are critical to the implementation would be transported from the receiving from using FAS-provided funds to of the proposed activities; or port to the point at which distribution acquire goods and services, either (ii) Enhance the implementation of is made to the beneficiaries; directly or indirectly through another the activities; (14) Any reprocessing or repackaging party, from certain countries that will be (8) Any subrecipient that would be of the requested commodities that specified in the agreement. Any involved and a description of each would take place prior to the violation of this provision of the subrecipient’s responsibilities and its distribution, sale or barter by the agreement will be a basis for immediate capability to perform responsibilities; applicant; termination by FAS of the agreement in (9) Any governmental or (15) The action the applicant would addition to the imposition of any other nongovernmental entities that would be take to ensure that any commodities to applicable civil and criminal penalties. involved and the extent to which the be distributed to beneficiaries, rather McGovern-Dole Program will strengthen than sold, would be imported and (f) The agreement will prohibit the or increase the capabilities of such distributed free from all customs, duties, sale or transshipment of the donated entities to further educational and tolls, and taxes; commodities to a country not specified economic development in the targeted (16) A plan that shows how the in the agreement for as long as such country; requested commodities could be donated commodities are controlled by (10) The method by which the imported and distributed without a the participant. applicant intends to inform disruptive impact upon production, (g) FAS may enter into a multicountry beneficiaries of an activity about the prices and marketing of the same or like agreement in which donated source of the requested commodities or products in the country where they will commodities are delivered to one funding for the activity and, where the be delivered, and the extent to which country and activities are carried out in beneficiaries will be receiving the any sale or barter of the requested another. commodities directly, how to prepare commodities would displace or interfere (h) FAS may provide donated and use them properly; with any sales that may otherwise be commodities and FAS-provided funds (11) Established baselines, a timeline, made by the applicant or any other under a multiyear agreement contingent and proposed outcomes that would entity in the country where they will be upon the availability of commodities enable FAS to measure the applicant’s delivered; and and funds.

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§ 1599.6 Payments. designated port or point of entry, the in the manner determined by FAS. Such (a) If the participant arranges for participant will be reimbursed in the transportation will be acquired by: transportation in accordance with manner set forth in the agreement. (1) FAS in accordance with the § 1599.7(b)(2), and the participant seeks (e) If the agreement authorizes the Federal Acquisition Regulations (FAR), payment directly, the participant shall, payment of FAS-provided funds, FAS the Department’s procurement as specified in the agreement, either will pay these funds to the participant regulations set forth in chapter 4 of title submit to FAS, or maintain on file and on a reimbursement for expenses basis, 48 of the Code of Federal Regulations make available to FAS, the following except as provided in paragraph (f)(1) of (the AGAR) and directives issued by the documents: this section. The participant shall Director, Office of Procurement and (1) A signed copy of the completed request the payment of FAS-provided Property Management, U.S. Department Form CCC–512; funds to reimburse it for authorized of Agriculture; or (2) The original, or a true copy of, expenses in the manner set forth in the (2) The participant, with each on-board bill of lading indicating agreement. reimbursement by FAS, in the manner the freight rate and signed by the (f)(1) A participant may request an specified in the agreement. originating carrier; advance of the amount of funds (c) A participant that acquires (3) For all non-containerized cargoes: specified in the agreement. FAS will not transportation in accordance with (i) A signed copy of the Federal Grain approve any request for an advance if: paragraph (b)(2) of this section may only Inspection Service (FGIS) Official (i) It is received earlier than 60 days use the services of a freight forwarder Stowage Examination Certificate (Vessel after the date of a previous advance that is licensed by the Federal Maritime Hold Certificate); made in connection with the same Commission (FMC) and that would not (ii) A signed copy of the National agreement; or have a conflict of interest in carrying out Cargo Bureau Certificate of Readiness (ii) Any required reports, as specified the freight forwarder duties. To assist (Vessel Hold Inspection Certificate); and in § 1499.13 and in the agreement, are FAS in determining whether there is a (iii) A signed copy of the National more than six months in arrears. potential conflict of interest, the Cargo Bureau Certificate of Loading; (2) Except as may otherwise be participant must submit to FAS a (4) For all containerized cargoes, a certification indicating that the freight copy of the FGIS Container Condition provided in the agreement, the participant shall deposit and maintain forwarder: Inspection Certificate; (1) Is not engaged, and will not in a bank account located in the United (5) A signed copy of the liner booking engage, in supplying commodities or States all funds advanced by FAS. The note or charter party covering ocean furnishing ocean transportation or ocean account shall be interest-bearing, unless transportation of the cargo; transportation-related services for the exceptions in § 3019.22(k) of this (6) In the case of charter shipments, commodities provided under any title apply, or FAS determines that this a signed notice of arrival at the first McGovern-Dole Program agreement to requirement would constitute an undue discharge port, unless FAS has which the participant is a party; and burden. The participant shall remit determined that circumstances of force (2) Is not affiliated with the semi-annually to FAS any interest majeure have prevented the vessel’s participant and has not made earned on the advanced funds. The arrival at the first port of discharge; arrangements to give or receive any participant shall, no later than 10 days (7) A request by the participant for payment, kickback, or illegal benefit in after the end of each calendar quarter, reimbursement of freight, survey costs connection with its selection as an agent submit a financial statement to FAS other than at load port, and other of the participant. expenses approved by FAS indicating accounting for all funds advanced and (d) A participant that is responsible the amount due and accompanied by a all interest earned. for transportation under paragraph (b)(2) certification from the carrier or other (3) The participant shall return to FAS of this section shall declare in the parties that payments have been any funds that are advanced by FAS if transportation contract the point at received from the participant; and such funds have not been obligated as which the ocean carrier will take (8) A document on letterhead and of the 180th day after the advance was custody of commodities to be signed by an officer or agent of the made. Such funds and interest shall be transported. participant specifying the name of the transferred to FAS within 30 days of entity to receive payment; the bank ABA such date. § 1599.8 Entry and handling of number to which payment is to be (g) If a participant is required to pay commodities. made; the account number for the funds to FAS in connection with an (a) The participant shall make all deposit at the bank; the participant’s agreement, the participant shall make necessary arrangements for receiving the taxpayer identification number; and the such payment in U.S. dollars, unless donated commodities in the targeted type of the account into which the otherwise approved in advance by FAS. country, including obtaining payment will be deposited. (h) Suppliers of commodities shall appropriate approvals for entry and (b) If the participant arranges for seek payment according to the purchase transit. The participant shall store and transportation in accordance with contract. maintain the donated commodities in § 1599.7(b)(2), and the participant has good condition from the time of delivery used a freight forwarder, the participant § 1599.7 Transportation of goods. at the port of entry or the point of shall cause the freight forwarder to (a) Shipments of donated receipt from the originating carrier until submit the documents specified in commodities are subject to the their distribution, sale or barter. § 1599.6(a) in order to receive payment requirements of 46 U.S.C. 55305 and (b) The participant shall, as provided from FAS. 55314, regarding carriage on U.S.-flag in the agreement, arrange for (c) In no case will FAS reimburse a vessels. transporting, storing, and distributing participant for demurrage costs or pay (b) Transportation of donated the donated commodities from the demurrage to any other entity. commodities and other goods such as designated point and time where title to (d) If FAS has agreed to pay the costs bags that may be provided by FAS the commodity passes to the participant of transporting, storing, and distributing under the McGovern-Dole Program will by contracting directly with suppliers of the donated commodities from the be acquired under a specific agreement services, as set forth in the agreement.

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(c)(1) If a participant arranges for the damage to or loss of the donated (iii) Estimate the quantity of cargo, if packaging or repackaging of donated commodities that occurs following the any, lost during discharge through commodities that are to be distributed, transfer of title to the commodities to carrier negligence; the participant shall ensure that the the participant. The participant shall (iv) Advise on the quality of packaging: take all steps necessary to protect its sweepings; (i) Is plainly labeled in the language interests and the interests of FAS with (v) Obtain copies of port or vessel of the targeted country; respect to any damage to or loss of the records, if possible, showing the (ii) Contains the name of the donated donated commodities that occurs after quantity discharged; and commodities; title has been transferred to the (vi) Notify the participant (iii) Includes a statement indicating participant. The agreement will specify immediately if the surveyor has reason that the donated commodities are whether the participant is responsible to believe that the correct quantity was furnished by the people of the United for obtaining a survey in the event that not discharged or if additional services States of America; and the donated commodities are damaged are necessary to protect the cargo; and (iv) Includes a statement indicating or lost following the transfer of title to (6) And the damage or loss occurred that the donated commodities shall not the commodities to the participant. with respect to a container shipment, if be sold, exchanged or bartered. (c) If the donated commodities are the agreement provides that the (2) If a participant arranges for the damaged or lost during the time that participant is responsible for survey and reprocessing and repackaging of they are in the care of the carrier: outturn reports, the participant shall engage the services of an independent donated commodities that are to be (1) And either FAS or the participant cargo surveyor to list the container distributed, the participant shall ensure engages the services of an independent numbers and seal numbers shown on that the packaging: cargo surveyor, the surveyor will the containers, indicate whether the (i) Is plainly labeled in the language provide to FAS and the participant any seals were intact at the time the of the targeted country; report, narrative chronology or other (ii) Contains the name of the containers were opened, and note commentary that it prepares; reprocessed product; whether the containers were in any way (iii) Includes a statement indicating (2) FAS and the participant will damaged. that the reprocessed product was made provide to each other the names and (d) If the participant has title to the with commodities furnished by the addresses of any individuals known to donated commodities, and the value of people of the United States of America; be present at the time of discharge or any damaged donated commodities is in and during the survey who can verify the excess of $1,000, the participant shall (iv) Includes a statement indicating quantity of damaged or lost immediately arrange for an inspection that the reprocessed product shall not commodities; by a public health official or other be sold, exchanged or bartered; (3) And the participant engages the competent authority approved by FAS (3) If a participant distributes donated services of the surveyor, FAS will and provide to FAS a certification by commodities that are not packaged, the reimburse the participant for the such public health official or other participant shall, to the extent reasonable costs, as determined by FAS, competent authority regarding the exact practicable, display: of the survey, unless: quantity and condition of the damaged (i) Banners, posters or other media (i) The participant was required by commodities. The value of damaged informing the public of the name and the agreement to pay for the survey; donated commodities shall be source of the donated commodities; and (ii) The survey was a delivery survey determined on the basis of the (ii) A statement that the donated and the surveyor did not also prepare a commodity acquisition, transportation, commodities may not be sold, discharge survey; or and related costs incurred by CCC with exchanged, or bartered. (iii) The survey was not conducted respect to such commodities. The (d) A participant shall arrange with contemporaneously with the discharge participant shall inform FAS of the the government of the targeted country of the vessel, unless FAS determines results of the inspection and indicate that all donated commodities to be that such action was justified under the whether the damaged commodities are: distributed will be imported and circumstances; (1) Fit for the use authorized in the distributed free from all customs, duties, (4) Any survey obtained by the agreement and, if so, whether there has tolls, and taxes. A participant is participant shall, to the extent been a diminution in quality; or encouraged to make similar practicable, be conducted jointly by the (2) Unfit for the use authorized in the arrangements, where possible, with the surveyor, the participant, and the agreement. (e)(1) If the participant has title to the government of the country where carrier, and the survey report shall be donated commodities, the participant donated commodities to be sold or signed by all parties; bartered are delivered. shall arrange for the recovery of that (5) And the damage or loss occurred portion of the donated commodities § 1599.9 Damage to or loss of with respect to a bulk grain shipment, designated as suitable for the use commodities. if the agreement provides that the authorized in the agreement. The (a) FAS will be responsible for the participant is responsible for survey and participant shall dispose of donated donated commodities prior to the outturn reports, the participant shall commodities that are unfit for such use transfer of title to the commodities to obtain the services of an independent in the following order of priority: the participant. The participant will be cargo surveyor to: (i) Sale for the most appropriate use, responsible for the donated (i) Observe the discharge of the cargo; i.e., animal feed, fertilizer, industrial commodities following the transfer of (ii) Report on discharging methods, use, or another use approved by FAS, at title to the commodities to the including scale type, calibrations and the highest obtainable price; participant. The title will transfer as any other factor that may affect the (ii) Donation to a governmental or specified in the agreement. accuracy of scale weights, and, if scales charitable organization for use as animal (b) A participant shall inform FAS, in are not used, state the reason therefor feed or for other non-food use; or the manner and within the time period and describe the actual method used to (iii) Destruction of the commodities if set forth in the agreement, of any determine weight; they are unfit for any use, in such

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manner as to prevent their use for any funds generated if such commodities are permits the participant to retain title to purpose. sold in accordance with § 1599.9(e)(1). such property. However, the participant (2) The participant shall arrange for (e) If FAS determines that a shall not use sale proceeds or income to all U.S. Government markings to be participant is not exercising due pay for the acquisition, development, obliterated or removed before the diligence in the pursuit of a claim, FAS construction, alteration or upgrade of donated commodities are transferred by may require the participant to assign its real property that is: sale or donation. rights to pursue the claim to FAS. (1) Owned or managed by a church or (f) A participant may retain any (f)(1) The participant may retain any other organization engaged exclusively proceeds generated by the disposal of funds obtained as a result of a claims in religious pursuits; or the donated commodities in accordance collection action initiated by it in (2) Used in whole or in part for with paragraph (e)(1) of this section and accordance with this section, or sectarian purposes, except that a shall use the proceeds for expenses recovered pursuant to any insurance participant may use sale proceeds or related to the disposal of the donated policy or other similar form of income to pay for repairs to or commodities and for activities specified indemnification, but such funds shall rehabilitation of a structure located on in the agreement. only be expended for purposes such real property to the extent (g) The participant shall notify FAS approved in advance by FAS. necessary to avoid spoilage or loss of immediately and provide detailed (2) FAS will retain any funds obtained donated commodities, but only if such information about the actions taken in as a result of a claims collection action structure is not used in whole or in part accordance with paragraph (e) of this initiated by it under this section; for any religious or sectarian purposes section, including the quantities, values provided, however, that if the while the donated commodities are and dispositions of commodities participant paid for the freight or a stored in it. If such use is not determined to be unfit. portion thereof, FAS will use a portion specifically provided for in the of such funds to reimburse the agreement, such use may only occur § 1599.10 Claims for damage to or loss of participant for such expense on a after receipt of written approval from commodities. prorated basis. FAS. (a) FAS will be responsible for claims (g) A participant shall endeavor to arising out of damage to or loss of a § 1599.11 Use of commodities and sale comply with §§ 3019.41 through quantity of the donated commodities proceeds. 3019.43 of this title when procuring prior to the transfer of title to the (a) A participant must use the donated goods and services and when engaging commodities to the participant. commodities in accordance with the in construction work to implement the (b) If the participant has title to the agreement. agreement. The participant shall also donated commodities, and the value of (b) A participant shall not permit the establish procedures to prevent fraud. the damaged or lost donated distribution, handling, or allocation of As provided for in the agreement, the commodities is estimated to be $20,000 donated commodities on the basis of participant shall enter into a written or greater, the participant will be political affiliation, geographic location, contract with each provider of goods, responsible for: or the ethnic, tribal or religious identity services or construction work that (1) Initiating a claim arising out of or affiliation of the potential consumers requires the provider to maintain such damage or loss, including actions or beneficiaries. adequate records to account for all relating to collections pursuant to (c) A participant shall not permit the donated commodities or funds or both commercial insurance contracts; and distribution, handling, or allocation of provided to the provider by the (2) Notifying FAS immediately and donated commodities by the military participant and to submit periodic providing detailed information about forces or any government or insurgent reports to the participant. The the circumstances surrounding such group without the specific authorization participant shall submit a copy of the damage or loss, the quantity of damaged of FAS. signed contracts to FAS. or lost donated commodities, and the (d) A participant may sell or barter value of the damage or loss. donated commodities only if such sale § 1599.12 Subrecipients. (c) If the participant has title to the or barter is provided for in the (a) If provided for in the agreement, a donated commodities, and the value of agreement or the participant is participant may utilize the services of a the damaged or lost donated disposing of damaged commodities as subrecipient to implement activities commodities is estimated to be less than specified in § 1599.9. The participant under this agreement. The participant $20,000, the participant will be shall sell the donated commodities at a shall enter into a written subagreement responsible for providing detailed reasonable market price in the economy with the subrecipient, and provide a information about the damage or loss in where the sale occurs. The participant copy of such subagreement to FAS, in the next report required to be filed shall use any sale proceeds, income, or the manner set forth in the agreement, under § 1599.13(c)(1) or (2) and shall goods or services derived from the sale prior to the transfer of any donated not be required to initiate a claim or barter of the donated commodities commodities, sale proceeds, income or collection action. only as provided in the agreement. FAS-provided funds to the subrecipient. (d)(1) The value of a claim for lost (e) The participant shall deposit all Such written subagreement shall require donated commodities shall be sale proceeds and income into a the subrecipient to pay to the determined on the basis of the separate, interest-bearing account unless participant the value of any donated commodity acquisition, transportation, the exceptions in § 3019.22(k) of this commodities, sale proceeds, income, or and related costs incurred by FAS with title apply, the account is in a country FAS-provided cash funds that are not respect to such commodities. where the laws or customs prohibit the used in accordance with the (2) The value of a claim for damaged payment of interest, or FAS determines subagreement or are lost, damaged, or donated commodities shall be that this requirement would constitute misused as a result of the subrecipient’s determined on the basis of the an undue burden. failure to exercise reasonable care. commodity acquisition, transportation, (f) A participant may use sale (b) If a participant demonstrates to and related costs incurred by FAS with proceeds or income to purchase real or FAS that it is not feasible to enter into respect to such commodities, less any personal property only if local law a subagreement with a subrecipient,

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FAS may grant approval to proceed disbursed and reported to FAS. When (f) A participant shall submit to FAS without a subagreement; provided, reporting financial information, the the financial reports and information however, that the participant must participant shall include the amounts in outlined in § 3019.52 of this title. The obtain such approval from FAS prior to U.S. dollars and the exchange rate. agreement will specify the acceptable transferring any donated commodities, (3) The participant shall report, in the forms and time requirements for sale proceeds, income, or FAS-provided manner specified in the agreement, its submission. funds to the subrecipient. progress, measured against established (c) The participant shall monitor the baselines, towards achieving the § 1599.14 Noncompliance with an actions of a subrecipient as necessary to objectives of the activities under the agreement. ensure that donated commodities or agreement. If a participant fails to comply with a funds provided to the subrecipient are (4) The participant shall retain copies term of an agreement, FAS may take one used for authorized purposes in of and make available to FAS all barter or more of the enforcement actions set compliance with applicable laws and receipts, contracts or other documents forth in § 3019.62 of this title and, if regulations and the agreement and that related to the barter of the donated appropriate, initiate a claim against the performance goals are achieved. The commodities and the services or goods participant. FAS may also initiate a participant shall provide in the derived from such barter, for a claim against a participant if the subagreement that the subrecipient must minimum of two years after the donated commodities are damaged or comply with applicable provisions of agreement has been closed out. lost or the sale proceeds, income, or the regulations set forth in Chapter XXX (5) The participant shall provide to FAS-provided funds are lost due to an of this title. FAS additional information or reports action or omission of the participant. relating to the agreement if requested by § 1599.13 Recordkeeping and reporting § 1599.15 Suspension, termination, and FAS. closeouts of agreements. requirements. (d) A participant shall submit to FAS, (a) A program participant shall retain in the manner specified in the (a) An agreement may be suspended records and permit access to records in agreement, an annual audit in or terminated by FAS if it determines accordance with the requirements of accordance with § 3019.26 of this title. that: (1) The continuation of the assistance § 3019.53 of this title. The date of If FAS requires an annual financial provided under the agreement is no submission of the final expenditure audit with respect to a particular report, as referenced in § 3019.53(b) of longer necessary or desirable; or agreement, and FAS provides funds for (2) Storage facilities are inadequate to this title, shall be the final date of this purpose, the participant shall submission of the forms required by prevent spoilage or waste, or arrange for such audit and submit to distribution of the donated commodities paragraphs (c)(1) and (2) of this section, FAS, in the manner specified in the as prescribed by FAS. will result in substantial disincentive to, agreement. or interference with, domestic (b) A participant shall, within 30 days (e)(1) A participant shall, as provided production or marketing in the targeted after export of all or a portion of the in the agreement, submit to FAS interim donated commodities, submit evidence country. and final evaluations of the (b) An agreement may be terminated of such export to FAS, in the manner set implementation of the agreement. forth in the agreement. The evidence in accordance with § 3019.61 of this Unless otherwise provided in the title. If an agreement is terminated, the may be submitted through an electronic agreement, the evaluations shall be media approved by FAS or by providing participant shall: submitted at the mid-point and end- (1) Be responsible for the safety of any the carrier’s on board bill of lading. The point of the implementation period. The evidence of export must show the kind undistributed donated commodities and participant shall arrange for the dispose of such commodities only as and quantity of commodities exported, evaluations to be conducted by an the date of export, and the country agreed to by FAS; and independent third party that: (2) Follow the closeout procedures in where commodities were delivered. (i) Is financially and legally separate (c)(1) A participant shall submit to §§ 3019.71 through 3019.73 of this title. from the participant’s organization; (c) An agreement will be considered FAS information, using a form as (ii) Has staff with demonstrated completed when FAS and the prescribed by FAS, covering the receipt, knowledge, analytical capability, participant have fulfilled their handling and disposition of the donated language skills and experience in responsibilities under the agreement or commodities. Such report shall be conducting evaluations of development the agreement has been terminated. The submitted to FAS, by the dates and for programs involving agriculture, procedures in §§ 3019.71 through the reporting periods specified in the education, and nutrition; 3019.73 of this title will apply to the program agreement, until all of the (iii) Uses acceptable analytical closeout of a completed agreement. donated commodities have been frameworks such as comparison with distributed, sold or bartered and such non-project areas, surveys, involvement § 1599.16 Appeals. disposition has been reported to FAS. of stakeholders in the evaluation, and A participant may appeal a (2) If the agreement authorizes the statistical analyses; determination arising under this part to sale or barter of donated commodities, (iv) Uses local consultants, as FAS. Such appeal will be in writing and the participant shall submit to FAS appropriate, to conduct portions of the submitted to the FAS official and in the information, using a form as prescribed evaluation; and manner set forth in the agreement. The by FAS, covering the receipt and use of (v) Provides a detailed outline of the participant will be given an opportunity sale proceeds and income, and, in the evaluation, major tasks, and specific to have a hearing before a final decision case of bartered commodities, covering schedules prior to initiating the is made regarding its appeal. the services and goods derived from the evaluation. barter of donated commodities. Such (2) Receipt by FAS of the evaluations § 1599.17 Paperwork Reduction Act. reports shall be submitted to FAS, by referred to in paragraph (e)(1) of this The information collection the dates and for the reporting periods section is a condition for the participant requirements contained in this specified in the agreement, until all of to retain any funds provided by FAS to regulation have been approved by OMB the sale proceeds and income have been carry out the evaluations. under provisions of 44 U.S.C. Chapter

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35 and have been assigned OMB Foreign Agriculture Service means electronic submission of solicitation- Number 0551–0035. such agency located within the related documents shall be used with Department of Agriculture. respect to the acquisition of agricultural Title 48—Federal Acquisition Free alongside ship (f.a.s.) (* * * commodities and related freight; Regulations System named port of shipment) means a term however, to the extent that a solicitation CHAPTER 4—DEPARTMENT OF of sale which means the seller fulfills its allows for the submission of written AGRICULTURE obligation to deliver when the goods information in addition to information ■ 4. Amend 48 CFR Chapter 4 by have been placed alongside the vessel in an electronic format and there is a establishing subchapter I consisting of on the quay or in lighters at the named discrepancy in such submissions, the part 470 to read as follows: port of shipment. The buyer bears all information submitted in a written costs and risks of loss of or damage to SUBCHAPTER I—FOOD ASSISTANCE format shall prevail unless the PROGRAMS the goods from that moment. electronic submission states that a Grantee organization means an specific existing written term is PART 470—COMMODITY organization which will receive superseded by the electronic ACQUISITIONS commodities from the United States submission. Agency for International Development (c) Freight. With respect to the Sec. under Title II of the Food for Peace Act acquisition of freight for the shipment of 470.000 Scope of part. (7 U.S.C. 1721 et seq.) or from the agricultural commodities and products 470.101 Definitions. Foreign Agricultural Service under the 470.102 Policy. of agricultural commodities, the 470.103 United States origin of agricultural Food for Progress Act of 1985; the provisions of the FAR, including Part products. McGovern-Dole International Food for 47, shall be utilized and various types 470.200 [Reserved] Education and Child Nutrition Program; of services to be obtained may include 470.201 Acquisition of commodities and and any other international food multi-trip voyage charters. freight shipment for Foreign Agricultural assistance program. Service programs. Ingredient means spices, vitamins, 470.103 United States origin of agricultural 470.202 Acquisition of commodities for micronutrients, desiccants, and products. United States Agency for International preservatives when added to an (a) Products of United States origin. Development (USAID) programs. agricultural commodity product. As provided by 7 U.S.C. 1732(2) and 470.203 Cargo preference. Free carrier (FCA) (* * * named 1736o–1(a) commodities and the Authority: 5 U.S.C. 301; 7 U.S.C. 1691 place) means a term of sale which products of agricultural commodities through 1726b; 1731 through 1736g–3; means the seller fulfills its obligation acquired for use in international feeding 1736o; 1736o–1; 40 U.S.C. 121(c); 46 U.S.C. when the seller has handed over the and development programs shall be 53305, 55314 and 55316. goods, cleared for export, into the products of United States origin. A 470.000 Scope of part. charge of the carrier named by the buyer product shall not be considered to be a This part sets forth the policies, at the named place or point. If no product of the United States if it procedures and requirements governing precise point is indicated by the buyer, contains any ingredient that is not the procurement of agricultural the seller may choose, within the place produced in the United States if that commodities by the Department of or range stipulated, where the carrier ingredient is: Agriculture for use: should take the goods into their charge. (1) Produced in the United States; and (a) Under any domestic feeding and Last contract lay day means the last (2) Commercially available in the assistance program administered by the day specified in an ocean freight United States at fair and reasonable Food and Nutrition Service; and contract by which the carriage of goods prices from domestic sources. (b) Under Title II of the Food for must start for contract performance. (b) Use by the Food and Nutrition Peace Act (7 U.S.C. 1721 et seq.); the Lowest landed cost means, as Service. Commodities and the products Food for Progress Act of 1985; the authorized by 46 U.S.C. 55314(c), with of agricultural commodities acquired for McGovern-Dole International Food for respect to an agricultural product use by the Food and Nutrition Service Education and Child Nutrition Program; acquired under this part the lowest shall be a product of the United States, and any other international food aggregate cost for the acquisition of such except as may otherwise be required by assistance program. product and the shipment of such law, and shall be considered to be such product to a foreign destination. a product if it is grown, processed, and 470.101 Definitions. Multi-port voyage charter means the otherwise prepared for sale or The following definitions are charter of an ocean carrier in which the distribution exclusively in the United applicable to this part: carrier will stop at two or more ports to States except with respect to Commingled product means grains, discharge cargo. ingredients. Ingredients from non- oilseeds, rice, pulses, other similar domestic sources will be allowed to be commodities and the products of such 470.102 Policy. utilized as a United States product if commodities, when such commodity or (a) Policy. It is the policy of the such ingredients are not otherwise: product is normally stored on a Department to follow the policies and (1) Produced in the United States; and commingled basis in such a manner that procedures set forth in the Federal (2) Commercially available in the the commodity or product produced in Acquisition Regulation (FAR) as United States at fair and reasonable the United States cannot be readily supplemented by the Agriculture prices from domestic sources. distinguished from a commodity or Acquisition Regulation, including this (c) Commingled product. product not produced in the United part, in the procurement of agricultural (1) Except as provided in paragraph States. commodities and products of (c)(2) of this section, a commingled Department means the Department of agricultural commodities that are used product shall be considered to be a Agriculture. in domestic feeding and international product of the United States if the Food and Nutrition Service means feeding and development programs. offeror can establish that the offeror has such agency located within the (b) Electronic submission. To the in inventory at the time the contract for Department of Agriculture. maximum extent possible, the use of the commodity or product is awarded to

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the offeror, or obtains during the port’s cargo handling capabilities, (D) Other similar situations arise that contract performance period specified including the adequacy of the port to materially affect the administration of in the solicitation, or a combination receive, accumulate, handle, store, and the program for which the commodity thereof, a sufficient quantity of the protect the cargo. Factors considered in or freight is being procured; or commodity or product that was this determination may include, but not (E) The contracting officer determines produced in the United States to fulfill be limited to, the adequacy of building that extenuating circumstances preclude the contract being awarded, and all structures, proper ventilation, freedom awards on the basis of lowest-landed unfulfilled contracts that the offeror from insects and rodents, cleanliness, cost, or that efficiency and cost-savings entered into to provide such and overall good housekeeping and justify use of types of ocean service that commingled product to the United warehousing practices. The Department would not involve an analysis of freight. States. may consider the use of another coastal However, in all such cases, commodities (2) To the extent the Department has range or port if a situation exists at a would be transported in compliance determined a commodity is one that is port that may adversely affect the ability with cargo preference requirements. generally commingled, but is also one of the Department to have the Examples of extenuating circumstances which can be readily stored on an commodity delivered in a safe and are events such as internal strife at the identity preserved basis with respect to timely manner. Such situations include: foreign destination or urgent its country of origin, the Department (i) A port is congested; humanitarian conditions threatening the may require that the commodity (ii) Port facilities are overloaded; lives of persons at the foreign procured by the Department shall be of (iii) A vessel would not be able to destination. Other types of services may 100 percent United States origin. dock and load cargo without delay; include, but are not limited to, multi- (d) Product derived from animals. (iv) Labor disputes or lack of labor trip voyage charters, indefinite delivery/ With respect to the procurement of may prohibit the loading of the cargo indefinite quantity (IDIQ), delivery cost products derived from animals, the onboard a vessel in a timely manner; or and freight (C & F), delivery cost solicitation will set forth any specific (v) Other similar situation that may insurance and freight (CIF), and indexed requirement that is applicable to the adversely affect the ability of the ocean freight costs. country in which the animal was bred, (4) If a contracting officer determines Department to have the commodity raised, slaughtered or further processed. that action may be appropriate under delivered in a timely manner. paragraph (a)(3) of this section, prior to 470.200 [Reserved] (3) Use of other than lowest landed the acceptance of any applicable offer, cost. In order to ensure that the contracting officer will provide to 470.201 Acquisition of commodities and commodities are delivered in a timely freight shipment for Foreign Agricultural the Head of Contracting Activity Service programs. fashion to foreign destinations and Designee a written request to obtain without damage, the contracting officer (a) Lowest landed cost and delivery commodities and freight in a manner may award an acquisition without considerations. other than on a lowest landed cost basis regard to the lowest land cost process (1) Except as provided in paragraphs consistent with Title 48 Code of Federal (a)(3) and (4) of this section, in contracts set forth in paragraph (a)(1) of this Regulations. This request shall include for the Foreign Agricultural Service for section if: a statement of the reasons for not using commodities and related freight (i) The solicitation specifies that the lowest landed cost basis. The Head of shipment for delivery to foreign lowest land cost process will not be the Contracting Activity Designee, or the destinations, the contracting officer followed in the completion of the designee one level above the contracting shall consider the lowest landed cost of contract; or officer, may either accept or reject this delivering the commodity to the (ii) After issuance of the solicitation, request and shall document this intended destination. This lowest it is determined that: determination. landed cost determination will be (A) Internal strife at the foreign (b) Multiple offers or delivery points. calculated on the basis of rates and destination or urgent humanitarian If more than one offer for the sale of service for that portion of the conditions threatens the lives of persons commodities is received or more than commodities being purchased that is at the foreign destination; one delivery point has been designated determined is necessary and practicable (B) A specific port’s cargo handling in such offers, in order to achieve a to meet 46 U.S.C. 55314(c)(3) and cargo capabilities (including the adequacy of combination of a freight rate and preference requirements and on an the port to receive, accumulate, handle, commodity award that produces the overall (foreign and U.S. flag) basis for store, and protect commodities) and lowest landed cost for the delivery of the remaining portion of the other similar factors may adversely the commodity to the foreign commodities being procured and the affect the delivery of such commodities destination, the contracting officer shall additional factors set forth in this through damage or untimely delivery. evaluate offers submitted on a delivery section. Accordingly, the solicitations Such similar factors include, but are not point by delivery point basis; however, issued with respect to a commodity limited to: port congestion; overloaded consideration shall be given to procurement or a related freight facilities at the port; vessels not being prioritized ocean transport service in procurement will specify that in the able to dock and load cargo without determining lowest landed cost. event an offer submitted by a party is delay due to conditions at the port; (c) Freight shipping and rates. the lowest offered price, the contracting labor disputes or lack of labor may (1) In determining the lowest-landed officer reserves the right to reject such prohibit the loading of the cargo cost, the Department shall use the offer if the acceptance of another offer onboard a vessel in a timely manner; freight rates offered in response to for the commodity or related freight, and the existence of inadequate or solicitations issued by the Department when combined with other offers for unsanitary warehouse and other or, if applicable, the grantee commodities or related freight, results supporting facilities; organization. in a lower landed cost to the (C) The total transit time of a carrier, (2) Freight rates offered must be Department. as it relates to a final delivery date at the submitted as specified in the solicitation (2) The Department may contact any foreign destination may impair the issued by the Department or, if port prior to award to determine the timely delivery of the commodity; applicable, the grantee organization.

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Any such solicitation issued by a commodity procurement or a freight delay; labor disputes or lack of labor grantee organization must contain the procurement will specify that in the may prohibit the loading of the cargo following elements: event an offer submitted by a party is onboard a vessel in a timely manner; (i) If directed by the Department, the lowest offered price, the contracting and the existence of inadequate or include a closing time for the receipt of officer reserves the right to reject such unsanitary warehouse and other written freight offers and state that late offer if the acceptance of another offer supporting facilities; written freight offers will not be for the commodity or freight, when (C) The total transit time of a carrier, considered; combined with other offers for as it relates to a final delivery date at the (ii) Provide that freight offers are commodities or freight, results in a foreign destination may impair the required to have a canceling date no lower landed cost to USAID. ability of the Department to achieve later than the last contract lay day (2) The Department may contact any timely delivery of the commodity; or specified in the solicitation; port prior to award to determine the (D) Other similar situations arise that (iii) Provide the same deadline for port’s cargo handling capabilities, materially affect the administration of receipt of written freight offers from including the adequacy of the port to the program for which the commodity both U.S. flag vessel and non-U.S. flag receive, accumulate, handle, store, and or freight is being procured. vessels; and protect the cargo. Factors which will be (4) If the contracting officer (iv) Be received and opened prior to considered in this determination will determines that action may be any related offer for acquisition of include, but not be limited to, the appropriate under paragraph (a)(3) of commodities to be shipped. adequacy of building structures, proper this section, prior to the acceptance of (3) The Department may require ventilation, freedom from insects and any applicable offer, the contracting organizations that will receive rodents, cleanliness, and overall good officer shall provide to the head of commodities from the Department to housekeeping and warehousing contracting activity designee and to submit information relating to the practices. The Department may consider USAID, a written request to obtain capacity of a U.S. port, or, if applicable, the use of another coastal range or port commodities and freight in a manner a terminal, prior to the acquisition of if a situation exists at a port that may other than on a lowest landed cost basis. such commodities or freight. adversely affect the ability of the This request shall include a statement of (d) Freight rate notification. If the Department to have the commodity the reasons for not using lowest landed Department is not the party procuring delivered in a safe and/or timely cost basis. The head of contracting freight with respect to a shipment of an manner. Such situations include: authority designee, or one level above agricultural commodity for delivery to a (i) A port is congested; the contracting officer, with the foreign destination, the organization (ii) Port facilities are overloaded; concurrence of USAID, shall, on an that will receive commodities from the (iii) A vessel would not be able to expedited basis, either accept or reject Department, or its shipping agent, shall dock and load cargo without delay; this request and shall document this be notified by the Department of the (iv) Labor disputes or lack of labor determination in writing and provide a vessel freight rate used in determining may prohibit the loading of the cargo copy to USAID. the commodity contract award and the onboard a vessel in a timely manner; or (b) Freight shipping and rates. organization will be responsible for (v) Other similar situation that may (1) In determining lowest-landed cost finalizing the charter or booking adversely affect the ability of the as specified in paragraph (a) of this contract with the vessel representing the Department to have the commodity section, the Department shall use vessel freight rate. delivered in a timely manner. rates offered in response to solicitations (3) Use of other than lowest landed issued by USAID or grantee 470.202 Acquisition of commodities for cost. In order to ensure that organizations receiving commodities United States Agency for International commodities are delivered in a timely under 7 U.S.C. 1731 et seq. Development (USAID) programs. fashion to foreign destinations and (2) USAID may require, or direct a (a) Lowest landed cost and delivery without damage, the Department may grantee organization to require, an ocean considerations. complete an acquisition without regard carrier to submit offers electronically (1) Except as provided in paragraphs to the lowest land cost process set forth through a Web-based system maintained (a)(3) and (e)(2) of this section, with in paragraph (a)(1) of this section, if: by the Department. If electronic respect to the acquisition of agricultural (i) The solicitation specifies that the submissions are required, the commodities for delivery to foreign lowest land cost process will not be Department may, at its discretion, destinations and related freight to followed in the completion of the accept corrections to such submissions transport such commodities under Title contract; or that are submitted in a written form II of Public Law 480, contracts will be (ii) After issuance of the solicitation, other than by use of such Web-based entered into in a manner that will result it is determined that: system. in the lowest landed cost of such (A) Internal strife at the foreign (c) Delivery date. The contracting commodity delivery to the intended destination or urgent humanitarian officer shall consider total transit time, destination. This lowest landed cost conditions threatens the lives of persons as it relates to a final delivery date, in determination shall be calculated on the at the foreign destination; order to satisfy Public Law 480 Title II basis of rates and service for that portion (B) A specific port’s cargo handling program requirements. of the commodities being purchased capabilities (including the adequacy of (d) Delivery points. that is determined is necessary and the port to receive, accumulate, handle, (1) Commodities offered for delivery practicable to meet 46 U.S.C. store, and protect commodities) and free alongside ship Great Lakes port 55314(c)(3) and cargo preference other similar factors will adversely range or intermodal bridge-point Great requirements and on an overall (foreign affect the delivery of such commodities Lakes port range that represent the and U.S. flag) basis for the remaining without damage or in a timely manner. overall (foreign and U.S. flag) lowest portion of the commodities being Such similar factors include, but are not landed cost will be awarded on a lowest procured and the additional factors set limited to: port congestion; overloaded landed cost basis. Tonnage allocated on forth in this section. Accordingly, the facilities at the port; vessels would not this basis will not be reevaluated on a solicitations issued with respect to a be able to dock and load cargo without lowest landed cost U.S.-flag basis unless

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the contracting officer determines that NATIONAL CREDIT UNION branch office, suboffice, service center, 25 percent of the total annual tonnage ADMINISTRATION parking lot, facility, real estate where a of bagged, processed, or fortified credit union transacts or will transact commodities furnished under 7 U.S.C. 12 CFR Parts 701 and 742 business, office furnishings, office 1731 et seq. has been, or will be, RIN 3133–AD53 machines, computer hardware and transported from the Great Lakes port software, automated terminals, and range during that fiscal year. Regulatory Flexibility Regarding heating and cooling equipment. (2) The contracting officer shall Ownership of Fixed Assets Section 701.36 prohibits an FCU with consider commodity offers as offers for $1 million or more in assets from AGENCY: National Credit Union delivery ‘‘intermodal bridge-point Great investing in fixed assets, the aggregate of Administration (NCUA). Lakes port range’’ only if: which exceeds five percent of the FCU’s (i) The offer specifies delivery at a ACTION: Final rule. shares and retained earnings; although marine cargo-handling facility that is SUMMARY: NCUA is amending its upon an FCU’s application, a regional capable of loading ocean going vessels Regulatory Flexibility (RegFlex) director may set a higher limit. 12 CFR at a Great Lakes port, as well as loading Program to provide additional flexibility 701.36(a)(1)–(2). If an FCU acquires ocean going conveyances such as barges to qualifying federal credit unions premises, as broadly defined in and container vans, and (FCUs) when acquiring unimproved § 701.36(e), for future expansion and (ii) The commodities will be moved land for future expansion. Previously, does not fully occupy the space within from one transportation conveyance to when an FCU acquired unimproved one year, its board must have a another at such a facility. land for future expansion and did not resolution in place by the end of that (e) Multiple awards or delivery points. fully occupy the completed premises year with plans for full occupation and (1) If more than one offer for the sale within one year, it was required to make those plans available to NCUA of commodities is received or more than partially occupy the completed upon request. 12 CFR 701.36(b)(1). one delivery point has been designated premises within three years or obtain a Additionally, the FCU must partially in such offers, in order to achieve a waiver. This amendment increases the occupy the premises within a combination of a freight rate and three years to six years for RegFlex reasonable period, not to exceed three commodity award that produces the FCUs without a waiver. NCUA is also years, unless the FCU obtains a waiver lowest landed cost for the delivery of making conforming amendments to its within 30 months of acquiring the the commodity to the foreign fixed asset rule to be consistent with the premises. 12 CFR § 701.36(b)(1)–(2). In destination, the contracting officer shall RegFlex changes. this rulemaking, NCUA is only evaluate offers submitted on a delivery addressing the circumstance where an point by delivery point basis; however, DATES: The rule is effective April 27, 2009. FCU is acquiring unimproved land but consideration shall be given to no other kind of premises. prioritized ocean transport service in FOR FURTHER INFORMATION CONTACT: determining lowest landed cost. Frank Kressman, Staff Attorney, Office 3. Regulatory Flexibility Program (2) The contracting officer may of General Counsel, National Credit The RegFlex Program exempts from determine that extenuating Union Administration, 1775 Duke certain regulatory restrictions and grants circumstances preclude awards on the Street, Alexandria, Virginia 22314– additional powers to those FCUs that basis of lowest landed cost. However, in 3428, or telephone: (703) 518–6540. have demonstrated sustained superior all such cases, commodities may be SUPPLEMENTARY INFORMATION: performance as measured by CAMEL transported in compliance with cargo A. Background ratings and net worth classifications. 12 preference requirements as determined CFR 742.1. An FCU may qualify for by USAID. 1. Proposal RegFlex treatment automatically or by (3) The contracting officer shall notify NCUA issued proposed amendments application to the appropriate regional USAID or, if applicable, the grantee to its RegFlex and fixed assets rules in director. 12 CFR 742.2. Also, an FCU’s organization, that its shipping agent will September 2008 as summarized above. RegFlex authority can be lost or be notified of the vessel freight rate used 73 FR 57013 (October 1, 2008). NCUA revoked. 12 CFR 742.3. in determining the commodity contract received six comment letters on the award. The grantee organization or B. Discussion proposal: three from credit unions, two USAID will be responsible for finalizing from credit union trade associations, Although a RegFlex eligible FCU is the charter or booking contract with the and one from a bank trade association. exempt from the five percent aggregate vessel representing the freight rate so All commenters except the bank trade limit on fixed asset investments under used. association support the amendments. the current rule, it is not exempt from 470.203 Cargo preference. the requirement to partially occupy 2. Fixed Assets premises acquired for future expansion An agency having responsibility The Federal Credit Union Act within three years or request a waiver of under this subpart shall administer its authorizes an FCU to purchase, hold, this requirement. 12 CFR 701.36(a), programs, with respect to this subpart, and dispose of property necessary or 701.36(b)(2), 701.36(d), 742.4(a)(3). in accordance with regulations incidental to its operations. 12 U.S.C. Where an FCU is acquiring unimproved prescribed by the Secretary of 1757(4). Generally, the fixed asset rule land, the partial occupancy requirement Transportation. provides limits on fixed asset often is more difficult to satisfy than if Dated: March 19, 2009. investments, establishes occupancy and the FCU were purchasing premises with Suzanne Hall, other requirements for acquired and an existing branch building. The Board Acting Administrator, Foreign Agricultural abandoned premises, and prohibits is aware that some FCUs contend the Service, and Acting Executive Vice President, certain transactions. 12 CFR 701.36. fixed asset rule’s three-year partial Commodity Credit Corporation. Fixed assets are defined in § 701.36(e) as occupancy requirement, even with a [FR Doc. E9–6487 Filed 3–25–09; 8:45 am] premises, furniture, fixtures, and waiver option, is burdensome and an BILLING CODE 3410–10–P equipment and include any office, unnecessary level of oversight for

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RegFlex FCUs that have demonstrated for purposes of SBREFA, this is not a Section 701.35 is also authorized by 42 sustained superior performance. major rule. U.S.C. 4311–4312. Although the NCUA Board believes Paperwork Reduction Act ■ 2. Section 701.36(d) introductory text additional regulatory relief can and is amended by adding a sentence NCUA has determined that this rule should be granted, the time limit for an between the first and second sentences will not increase paperwork FCU to fulfill the partial occupancy to read as follows: requirement cannot be unlimited. That requirements under the Paperwork would be the equivalent of an FCU Reduction Act of 1995 and regulations § 701.36 FCU Ownership of fixed assets. making an impermissible real estate of OMB. * * * * * investment and also could cause serious Executive Order 13132 (d) * * * Those federal credit unions safety and soundness concerns. NCUA are also exempt from the three-year recognizes, however, that many real Executive Order 13132 encourages partial occupancy requirement estate transactions are complex, time independent regulatory agencies to described in paragraph (b) of this consuming, and can involve a host of consider the impact of their actions on section when acquiring unimproved wide-ranging issues that must be state and local interests. In adherence to land for future expansion pursuant to addressed before an FCU is ready to fundamental federalism principles, the terms of section 742.4(a)(3) of this occupy the premises. This is especially NCUA, an independent regulatory chapter. * * * agency as defined in 44 U.S.C. 3502(5), true in the unimproved land context * * * * * considering the addition of voluntarily complies with the executive construction-related issues. order. This final rule will not have a PART 742—REGULATORY Accordingly, NCUA is extending the substantial direct effect on the states, on FLEXIBILITY PROGRAM three-year time period to six years for the relationship between the national RegFlex FCUs but only with respect to government and the states, or on the ■ 3. The authority citation for part 742 the acquisition of unimproved land. distribution of power and continues to read as follows: responsibilities among the various NCUA believes six years is a sufficiently Authority: 12 U.S.C. 1756, 1766. long time period to provide RegFlex levels of government. NCUA has FCUs with the flexibility they need to determined that this final rule does not ■ 4. Section 742.4(a)(3) is amended by manage their fixed asset portfolios, in constitute a policy that has federalism adding two sentences at the end to read any context, free of unnecessary implications for purposes of the as follows: executive order. regulation and consistent with safe and § 742.4 RegFlex Relief. sound credit union operations. All other The Treasury and General Government (a) * * * substantive aspects of the fixed asset Appropriations Act, 1999—Assessment (3) * * * Section 701.36(b)(2) of this rule remain unchanged, including an of Federal Regulations and Policies on chapter concerning the three-year FCU’s ability to request a waiver of the Families partial occupancy requirement when partial occupancy requirement. NCUA NCUA has determined that this final acquiring unimproved land for future adopts the amendments as proposed rule will not affect family well-being expansion; RegFlex credit unions are without change. within the meaning of section 654 of the instead subject to a six-year partial C. Regulatory Procedures Treasury and General Government occupancy requirement when acquiring Appropriations Act, 1999, Public Law unimproved land but remain subject to Regulatory Flexibility Act 105–277, 112 Stat. 2681 (1998). all other provisions of that section The Regulatory Flexibility Act including the waiver provision; List of Subjects requires NCUA to prepare an analysis to * * * * * describe any significant economic 12 CFR Part 701 [FR Doc. E9–6730 Filed 3–25–09; 8:45 am] impact a rule may have on a substantial Credit unions. BILLING CODE 7535–01–P number of small entities (primarily those under ten million dollars in 12 CFR Part 742 assets). This rule provides additional Credit unions, Reporting and FEDERAL HOUSING FINANCE flexibility and reduces regulatory recordkeeping requirements. AGENCY burden. Accordingly, this rule will not By the National Credit Union have a significant economic impact on Administration Board on March 19, 2009. 12 CFR Part 1229 a substantial number of small credit Mary Rupp, unions, and therefore, no regulatory RIN 2590–AA21 flexibility analysis is required. Secretary of the Board. ■ For the reasons discussed above, Capital Classifications and Critical Small Business Regulatory Enforcement NCUA amends 12 CFR parts 701 and Capital Levels for the Federal Home Fairness Act 742 as follows: Loan Banks The Small Business Regulatory AGENCY: Federal Housing Finance PART 701—ORGANIZATION AND Enforcement Fairness Act (SBREFA) of Agency. 1996, Public Law 104–121, provides OPERATIONS OF FEDERAL CREDIT UNIONS ACTION: Interim final rule; extension of generally for congressional review of comment period. agency rules. A reporting requirement is ■ 1. The authority citation for part 701 triggered in instances where NCUA continues to read as follows: SUMMARY: The Federal Housing Finance issues a final rule as defined by Section Agency (FHFA) published in the Authority: 12 U.S.C. 1752(5), 1755, 1756, 551 of the Administrative Procedures 1757, 1759, 1761a, 1761b, 1766, 1767, 1782, Federal Register of January 30, 2009, an Act. 5 U.S.C. 551. The Office of 1784, 1787, and 1789. Section 701.6 is also interim final rule with request for Information and Regulatory Affairs, an authorized by 31 U.S.C. 3717. Section 701.31 comments that implemented the office within the Office of Management is also authorized by 15 U.S.C. 1601 et seq., statutory requirement of the Housing and Budget (OMB), has determined that, 42 U.S.C. 1861 and 42 U.S.C. 3601–3610. and Economic Recovery Act of 2008 that

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FHFA specify critical capital levels for Agency, 1625 Eye Street, NW., existing adjustment mechanism and the Federal Home Loan Banks (Bank(s)). Washington, DC 20006; or Thomas E. cracked reinforcement assemblies, Specifically, the interim final rule Joseph, Senior Attorney-Advisor, (202) which could result in sudden shifting of defined the critical capital level for each 408–2512, Office of General Counsel, a flightcrew seat. We are issuing this AD Bank; established criteria based on the Federal Housing Finance Agency, to prevent sudden shifting of a amount and type of capital held by a Fourth Floor, 1700 G Street, NW., flightcrew seat, which could impair the Bank for each of the following capital Washington, DC 20552. The telephone flightcrew’s ability to control the classifications: adequately capitalized, number for the Telecommunications airplane. undercapitalized, significantly Device for the Deaf is (800) 877–8339. DATES: This AD becomes effective April undercapitalized and critically SUPPLEMENTARY INFORMATION: The FHFA 30, 2009. undercapitalized; and delineated invites comments on all aspects of the The Director of the Federal Register FHFA’s prompt corrective action interim final rule, and will amend the approved the incorporation by reference authority over the Banks. rule as appropriate after taking all of a certain publication listed in the AD The E-mail address to submit comments into consideration. Copies of as of April 30, 2009. comments that was listed in the interim all comments will be posted on the The Director of the Federal Register final rule of January 30, 2009, was internet Web site at http://www.fhfa.gov. approved the incorporation by reference incorrect. The correct E-mail address is In addition, copies of all comments of a certain other publication as of listed below. To compensate for this received will be available for March 13, 1996 (61 FR 5275, February error, FHFA is extending the comment examination by the public on business 12, 1996). period 15 days until May 15, 2009, to days between the hours of 10 a.m. and ADDRESSES: For service information allow all interested parties additional 3 p.m., at the Federal Housing Finance identified in this AD, contact Hawker time to submit comments on the interim Agency, Fourth Floor, 1700 G Street, Beechcraft Corporation, Department 62, final rule. NW., Washington, DC 20552. To make P.O. Box 85, Wichita, Kansas 67201– DATES: Comments on the interim final an appointment to inspect comments, 0085; telephone 316–676–8238; fax rule must be received on or before May please call the Office of General Counsel 316–676–6706; e-mail 15, 2009. For additional information, at (202) 414–3751. [email protected]; Internet SUPPLEMENTARY INFORMATION see . Dated: March 20, 2009. https://www.hawkerbeechcraft.com/ _ ADDRESSES: You may submit your James B. Lockhart, III, service support/pubs. comments on the interim final rule, Director, Federal Housing Finance Agency. Examining the AD Docket identified by regulatory information number (RIN) 2590–AA21 by any of the [FR Doc. E9–6780 Filed 3–25–09; 8:45 am] You may examine the AD docket on following methods: BILLING CODE 8070–01–P the Internet at http:// • U.S. Mail, United Parcel Post, www.regulations.gov; or in person at the Federal Express, or Other Mail Service: Docket Management Facility between 9 The mailing address for comments is: DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., Monday through Alfred M. Pollard, General Counsel and Friday, except Federal holidays. The AD Christopher T. Curtis, Senior Deputy Federal Aviation Administration docket contains this AD, the regulatory General Counsel, Attention: Comments/ evaluation, any comments received, and RIN 2590–AA21, Federal Housing 14 CFR Part 39 other information. The address for the Finance Agency, Fourth Floor, 1700 G [Docket No. FAA–2008–1142; Directorate Docket Office (telephone 800–647–5527) Street, NW., Washington, DC 20552. Identifier 2008–NM–060–AD; Amendment is the Document Management Facility, • Hand Delivered/Courier: The hand 39–15861; AD 2009–07–02] U.S. Department of Transportation, delivery address is: Alfred M. Pollard, Docket Operations, M–30, West General Counsel and Christopher T. RIN 2120–AA64 Building Ground Floor, Room W12–140, Curtis, Senior Deputy General Counsel, 1200 New Jersey Avenue, SE., Airworthiness Directives; Hawker Attention: Comments/RIN 2590–AA21, Washington, DC 20590. Beechcraft Corporation Model MU– Federal Housing Finance Agency, 300–10 Airplanes and Model 400 and FOR FURTHER INFORMATION CONTACT: Fourth Floor, 1700 G Street, NW., 400A Series Airplanes; and Raytheon William Griffith, Aerospace Engineer, Washington, DC 20552. The package (Mitsubishi) Model MU–300 Airplanes Airframe Branch, ACE–118W, FAA, should be logged at the Guard Desk, Wichita Aircraft Certification Office, First Floor, on business days between 9 AGENCY: Federal Aviation 1801 Airport Road, Room 100, Mid- a.m. and 5 p.m. Administration (FAA), Department of Continent Airport, Wichita, Kansas • E-mail: Comments to Alfred M. Transportation (DOT). 67209; telephone (316) 946–4116; fax Pollard, General Counsel and ACTION: Final rule. (316) 946–4107. Christopher T. Curtis, Senior Deputy SUPPLEMENTARY INFORMATION: General Counsel, may be sent by e-mail SUMMARY: The FAA is superseding an to [email protected]. Please existing airworthiness directive (AD), Discussion include ‘‘RIN 2590–AA21’’ in the which applies to certain BEECH Model The FAA issued a notice of proposed subject line of the message. 400, 400A, and MU–300–10 airplanes. rulemaking (NPRM) to amend 14 CFR • Federal eRulemaking Portal: http:// That AD currently requires installation part 39 to include an AD that www.regulations.gov. Follow the of an improved adjustment mechanism supersedes AD 96–03–07, amendment instructions for submitting comments. on the flightcrew seats and replacement 39–9504 (61 FR 5275, February 12, FOR FURTHER INFORMATION CONTACT: Julie of the existing aluminum seat 1996). The existing AD applies to Paller, Senior Financial Analyst, (202) reinforcement assemblies with steel certain BEECH Model 400, 400A, and 408–2842, and Anthony Cornyn, Senior assemblies. This new AD would add MU–300–10 airplanes. That NPRM was Associate Director, (202) 408–2522, airplanes to the applicability of the published in the Federal Register on Division of Federal Home Loan Bank existing AD. This AD results from October 31, 2008 (73 FR 64899). That Regulation, Federal Housing Finance reports of incomplete latching of the NPRM proposed to continue to require

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installation of an improved adjustment airplanes subject to that AD have (1) Is not a ‘‘significant regulatory mechanism on the flightcrew seats and already initiated the required actions. action’’ under Executive Order 12866; replacement of the existing aluminum This AD adds no new costs associated (2) Is not a ‘‘significant rule’’ under seat reinforcement assemblies with steel with those airplanes. DOT Regulatory Policies and Procedures assemblies. That NPRM also proposed This AD applies to approximately 76 (44 FR 11034, February 26, 1979); and to require the actions on additional additional airplanes. The existing (3) Will not have a significant airplanes. actions required by this AD take about economic impact, positive or negative, 24 work-hours per airplane. The Comments on a substantial number of small entities manufacturer has updated the cost of under the criteria of the Regulatory We provided the public the required parts; the required parts now Flexibility Act. opportunity to participate in the cost up to $24,474 per airplane. Based development of this AD. No comments on the figures discussed above, we We prepared a regulatory evaluation have been received on the NPRM or on estimate the current costs of the existing of the estimated costs to comply with the determination of the cost to the actions required by this AD on U.S. this AD and placed it in the AD docket. public. operators of the additional airplanes to See the ADDRESSES section for a location to examine the regulatory evaluation. Explanation of Changes to NPRM be up to $2,005,944. This figure is based on assumptions that no operator of these List of Subjects in 14 CFR Part 39 The product identification and additional airplanes has yet done any of paragraph (c) of the NPRM have been the requirements of this AD, and that no Air transportation, Aircraft, Aviation revised to correspond to the identity of operator would do those actions in the safety, Incorporation by reference, the type certificate holder and model future if this AD were not adopted. Safety. designation for the affected airplanes. We have re-identified Note 1 as Authority for This Rulemaking Adoption of the Amendment paragraph (h) in this final rule to Title 49 of the United States Code ■ Accordingly, under the authority emphasize that if deviations occur from specifies the FAA’s authority to issue delegated to me by the Administrator, the instructions provided in Raytheon rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as Mandatory Service Bulletin SB 25–2536, section 106, describes the authority of follows: Revision 2, dated March 2002, an the FAA Administrator. Subtitle VII, alternative method of compliance must Aviation Programs, describes in more PART 39—AIRWORTHINESS be requested under the provisions of detail the scope of the Agency’s DIRECTIVES paragraph (i) of this AD. We have re- authority. identified subsequent paragraphs We are issuing this rulemaking under ■ 1. The authority citation for part 39 accordingly. the authority described in subtitle VII, continues to read as follows: part A, subpart III, section 44701, Conclusion Authority: 49 U.S.C. 106(g), 40113, 44701. ‘‘General requirements.’’ Under that We reviewed the available data and section, Congress charges the FAA with § 39.13 [Amended] determined that air safety and the promoting safe flight of civil aircraft in ■ 2. The Federal Aviation public interest require adopting the AD air commerce by prescribing regulations Administration (FAA) amends § 39.13 with the changes described previously. for practices, methods, and procedures by removing amendment 39–9504 (61 We also determined that these changes the Administrator finds necessary for FR 5275, February 12, 1996) and by will not increase the economic burden safety in air commerce. This regulation adding the following new airworthiness on any operator or increase the scope of is within the scope of that authority directive (AD): the AD. because it addresses an unsafe condition 2009–07–02 Hawker Beechcraft Costs of Compliance that is likely to exist or develop on products identified in this rulemaking Corporation (Formerly Raytheon Aircraft Company, formerly Beech The actions specified by this AD were action. previously required by AD 96–03–07, Aircraft Corporation): Amendment 39– which was applicable to approximately Regulatory Findings 15861. Docket No. FAA–2008–1142; Directorate Identifier 2008–NM–060–AD. 121 airplanes. The actions required by We have determined that this AD will that AD take about 24 work-hours per not have federalism implications under Effective Date airplane at $80 per work-hour. Required Executive Order 13132. This AD will (a) This AD becomes effective April 30, parts cost up to $7,433 per airplane. not have a substantial direct effect on 2009. Based on these figures, we estimate the the States, on the relationship between Affected ADs cost of the current requirements of that the national government and the States, (b) This AD supersedes AD 96–03–07. AD on U.S. operators to be up to or on the distribution of power and $1,131,713, or $9,353 per airplane. In responsibilities among the various Applicability consideration of the compliance time levels of government. (c) This AD applies to the airplanes and effective date of AD 96–03–07, we For the reasons discussed above, I specified in Table 1 of this AD, certificated assume that operators of the 121 certify that this AD: in any category.

TABLE 1—APPLICABILITY

Manufacturer Model Serial Nos.

Hawker Beechcraft Corporation ...... Model 400 series airplanes ...... RJ–1 through RJ–65 inclusive. Hawker Beechcraft Corporation ...... Model 400A series airplanes ...... RK–1 through RK–93 inclusive. Hawker Beechcraft Corporation ...... Model MU–300–10 airplanes ...... A1001SA through A1011SA inclusive. Raytheon (Mitsubishi) ...... Model MU–300 airplanes ...... A003SA through A091SA inclusive.

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Unsafe Condition Office (FSDO), or lacking a PI, your local SUMMARY: We are adopting a new (d) This AD results from reports of FSDO. airworthiness directive (AD) for the incomplete latching of the existing Material Incorporated by Reference products listed above. This AD results adjustment mechanism and cracked (j) You must use Beechcraft Service from mandatory continuing reinforcement assemblies, which could result airworthiness information (MCAI) in sudden shifting of a flightcrew seat. We Bulletin No. 2536, Revision 1, dated April 1995; or Raytheon Mandatory Service originated by an aviation authority of are issuing this AD to prevent sudden another country to identify and correct shifting of a flightcrew seat, which could Bulletin SB 25–2536, Revision 2, dated impair the flightcrew’s ability to control the March 2002; as applicable; to do the actions an unsafe condition on an aviation airplane. required by this AD, unless the AD specifies product. The MCAI describes the unsafe otherwise. condition as: Compliance (1) The Director of the Federal Register approved the incorporation by reference of Following in-flight test deployments, (e) You are responsible for having the several Air-Driven generators (ADGs) failed actions required by this AD performed within Raytheon Mandatory Service Bulletin SB 25– 2536, Revision 2, dated March 2002, under to come on-line. Investigation revealed that, the compliance times specified, unless the as a result of a wiring anomaly that had not actions have already been done. 5 U.S.C. 552(a) and 1 CFR part 51. The Director of the Federal Register approved the been detected during ADG manufacture, a Restatement of the Requirements of AD 96– incorporation by reference of Beechcraft short circuit was possible between certain 03–07 Service Bulletin No. 2536, Revision 1, dated internal wires and their metallic over-braided shields, which could result in the ADG not (f) For Hawker Beechcraft Model MU–300– April 1995, as of March 13, 1996 (61 FR providing power when deployed. * * * 10 airplanes and Model 400 and 400A series 5275, February 12, 1996). airplanes: Within 200 hours time-in-service (2) For service information identified in The unsafe condition is that failure of after March 13, 1996 (the effective date of AD this AD, contact Hawker Beechcraft the ADG could lead to loss of several 96–03–07), install an improved adjustment Corporation, Department 62, P.O. Box 85, functions essential for safe flight. We are Wichita, Kansas 67201–0085; telephone 316– mechanism on the flightcrew seat, and issuing this AD to require actions to replace the existing aluminum seat 676–8238; fax 316–676–6706; e-mail reinforcement assemblies with steel [email protected]; Internet correct the unsafe condition on these assemblies, in accordance with Beechcraft https://www.hawkerbeechcraft.com/ products. _ Service Bulletin No. 2536, Revision 1, dated service support/pubs. DATES: This AD becomes effective April April 1995; or Raytheon Mandatory Service (3) You may review copies of the service 30, 2009. Bulletin SB 25–2536, Revision 2, dated information at the FAA, Transport Airplane The Director of the Federal Register March 2002. Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the approved the incorporation by reference Requirements for Additional Airplanes availability of this material at the FAA, call of a certain publication listed in this AD (g) For Raytheon (Mitsubishi) Model MU– 425–227–1221 or 425–227–1152. as of April 30, 2009. 300 airplanes: Within 200 flight hours or 12 (4) You may also review copies of the ADDRESSES: You may examine the AD months after the effective date of this AD, service information that is incorporated by docket on the Internet at http:// whichever occurs first, install an improved reference at the National Archives and www.regulations.gov or in person at the adjustment mechanism on the flightcrew Records Administration (NARA). For U.S. Department of Transportation, seats, and replace the existing aluminum seat information on the availability of this reinforcement assemblies with steel material at NARA, call 202–741–6030, or go Docket Operations, M–30, West assemblies, in accordance with Raytheon to: http://www.archives.gov/federal_register/ Building Ground Floor, Room W12–140, Mandatory Service Bulletin SB 25–2536, code_of_federal_regulations/ 1200 New Jersey Avenue, SE., Revision 2, dated March 2002. ibr_locations.html. Washington, DC. (h) A note in the Accomplishment Issued in Renton, Washington, on March FOR FURTHER INFORMATION CONTACT: Instructions of Raytheon Mandatory Service 16, 2009. Fabio Buttitta, Aerospace Engineer, Bulletin SB 25–2536, Revision 2, dated Airframe & Propulsion Branch, ANE– March 2002, instructs operators to contact Ali Bahrami, Raytheon if any difficulty is encountered Manager, Transport Airplane Directorate, 171, FAA, New York Aircraft while accomplishing the actions specified in Aircraft Certification Service. Certification Office, 1600 Stewart that service bulletin. However, any deviation [FR Doc. E9–6227 Filed 3–25–09; 8:45 am] Avenue, Suite 410, Westbury, New York from the instructions provided in Raytheon BILLING CODE 4910–13–P 11590; telephone (516) 228–7303; fax Mandatory Service Bulletin SB 25–2536, (516) 794–5531. Revision 2, dated March 2002, must be SUPPLEMENTARY INFORMATION: approved as an alternative method of DEPARTMENT OF TRANSPORTATION compliance (AMOC) under provisions of Discussion paragraph (i) of this AD. Federal Aviation Administration We issued a notice of proposed Alternative Methods of Compliance rulemaking (NPRM) to amend 14 CFR (i)(1) The Manager, Wichita Aircraft 14 CFR Part 39 part 39 to include an AD that would Certification Office (ACO), FAA, ATTN: apply to the specified products. That William Griffith, Aerospace Engineer, [Docket No. FAA–2008–0521; Directorate NPRM was published in the Federal Airframe Branch, ACE–118W, FAA, Wichita Identifier 2008–NM–040–AD; Amendment Register on May 7, 2008 (73 FR 25612). 39–15854; AD 2009–06–17] ACO, 1801 Airport Road, Room 100, Mid- That NPRM proposed to correct an Continent Airport, Wichita, Kansas 67209; unsafe condition for the specified telephone (316) 946–4116; fax (316) 946– RIN 2120–AA64 4107; has the authority to approve AMOCs products. The MCAI states: for this AD, if requested using the procedures Airworthiness Directives; Bombardier Following in-flight test deployments, found in 14 CFR 39.19. Model CL–600–2B19 (Regional Jet several Air-Driven generators (ADGs) failed (2) To request a different method of Series 100 & 440) Airplanes to come on-line. Investigation revealed that, compliance or a different compliance time as a result of a wiring anomaly that had not for this AD, follow the procedures in 14 CFR AGENCY: Federal Aviation been detected during ADG manufacture, a 39.19. Before using any approved AMOC on Administration (FAA), Department of short circuit was possible between certain any airplane to which the AMOC applies, Transportation (DOT). internal wires and their metallic over-braided notify your appropriate principal inspector ACTION: Final rule. shields, which could result in the ADG not (PI) in the FAA Flight Standards District providing power when deployed. This

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directive mandates checking of the ADG and the risks (probability of dual engine identification plates. We have not modification of the ADG internal wiring, if shutdown due to a common cause and changed the AD in this regard. required. It also prohibits future installation total loss of electrical power, including Clarification of unmodified ADGs. the emergency battery power) and have The unsafe condition is that failure of determined that a 12-month compliance We have revised paragraphs (f)(1)(i) the ADG could lead to loss of several time is appropriate. The issue of not and (f)(1)(ii)(A) of this AD from ‘‘* * * functions essential for safe flight. You allowing flights to be dispatched by this AD.’’ to ‘‘* * * by this may obtain further information by without an operational engine-driven or paragraph.’’ to clarify that if the criteria examining the MCAI in the AD docket. APU generator would be better in those paragraphs are met, no further addressed in the applicable Master actions are required by those Comments Minimum Equipment List (MMEL). We paragraphs. The requirements of We gave the public the opportunity to are considering a revision to the MMEL paragraph (f)(2) of this AD would still be participate in developing this AD. We for that issue. No change to the AD was in effect. considered the comments received. made in this regard. We have removed reference to Hamilton Sundstrand Service Bulletin Request To Extend Compliance Time Request To Revise Applicability ERPS10AG–24–2, dated February 19, for Inspecting the Identification Plate Air Wisconsin Airlines requests that 2004, from paragraph (f)(2) of this AD. Comair requests that we change the the applicability section of the AD be Instead, we have added Note 1 of this compliance time specified in paragraph revised to apply to the part and serial AD to include this information. (f)(1)(ii) of the NPRM to remove the numbers of the ADG instead of the serial ‘‘before further flight’’ phrase. Comair numbers of the airplanes. Air Wisconsin Conclusion states that it has already reviewed its points out that the ADG is a rotable, We reviewed the available data, maintenance records and found that serialized component which can be including the comments received, and affected ADGs are installed on its fleet. installed on any applicable airplane. determined that air safety and the Since the review was performed before We do not agree to revise the public interest require adopting the AD the effective date of the AD, it is not applicability. The serial number range with the changes described previously. clear when Comair would be required to for the airplane addresses airplanes on We determined that these changes will inspect the ADG identification plate. which the ADG was delivered and not increase the economic burden on Comair suggests a compliance time of 12 airplanes on which the ADG could be any operator or increase the scope of the months after the effective date of the installed. Paragraph (f)(1) of this AD AD. AD. addresses airplanes that were delivered We agree to change the compliance with ADGs installed, while paragraph Differences Between This AD and the time. The intent of the AD is to inspect (f)(2) of this AD addresses airplanes that MCAI or Service Information and modify the ADG wiring within 12 ADGs could be installed on. We have We have reviewed the MCAI and months after the effective date of the not revised the AD in this regard. related service information and, in AD. We have revised the compliance general, agree with their substance. But Request To Revise Installation Criteria time of paragraph (f)(1)(ii) of this AD we might have found it necessary to use for Identification Plate accordingly. different words from those in the MCAI Air Wisconsin requests that we revise to ensure the AD is clear for U.S. Request To Shorten Compliance Time a phrase in paragraph (f)(2) of this AD operators and is enforceable. In making and Restrict Dispatch Conditions from ‘‘* * * no ADG * * * may be these changes, we do not intend to differ Air Line Pilots Association, installed * * * unless the identification substantively from the information International (ALPA), requests that the plate of the ADG is identified with the provided in the MCAI and related compliance time be shortened from 12 symbol ‘24–2’ ’’ to ‘‘* * * no ADG service information. months to 3 months. ALPA states that * * * may be installed * * * unless the We might also have required different although its review did not reveal any ADG has been modified in accordance actions in this AD from those in the incidents of full electrical failures in with [Bombardier] SB 601R–24–113.’’ MCAI in order to follow our FAA Bombardier airplanes, the ADG is the Air Wisconsin considers that what is policies. Any such differences are only remaining source of electrical important is not that the data plate has highlighted in a Note within the AD. power sustaining the batteries and flight been marked ‘‘24–2’’, but that the critical electrical systems if all other modification in the service bulletin is Costs of Compliance generators fail or are unavailable. In done. Part 121 operators have approved We estimate that this AD will affect addition, ALPA states there are methods for showing compliance with 686 products of U.S. registry. We also procedures for deferring an engine- ADs. estimate that it will take about 5 work- driven or APU generator under certain We do not agree to revise the phrase hours per product to comply with the circumstances, but the ADG is a non- in paragraph (f)(2) of this AD. Not all basic requirements of this AD. The deferrable item. ALPA recommends affected ADGs are installed on airplanes average labor rate is $80 per work-hour. that, given the potential consequences operated by Part 121 operators. Required parts will cost about $0 per of a full electrical system failure, Bombardier Service Bulletin 601R–24– product. Where the service information particularly in low visibility weather 113, Revision A, dated August 11, 2005, lists required parts costs that are conditions in which these airplanes refers to Hamilton Sundstrand Service covered under warranty, we have routinely operate, we shorten the Bulletin ERPS10AG–24–2, dated assumed that there will be no charge for compliance time to 3 months. ALPA February 19, 2004, as a source of these parts. As we do not control also recommends that no flights be information for accomplishing the warranty coverage for affected parties, allowed with a non-operating engine- Bombardier service bulletin. The some parties may incur costs higher driven or APU generator unless this AD Hamilton Sundstrand service bulletin than estimated here. Based on these has been complied with. specifies that ADGs modified in figures, we estimate the cost of this AD We do not agree to shorten the accordance with that service bulletin to the U.S. operators to be $274,400 or compliance time. We have considered should have ‘‘24–2’’ marked on the $400 per product.

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Authority for This Rulemaking and 5 p.m., Monday through Friday, to come on-line. Investigation revealed that, as a result of a wiring anomaly that had not Title 49 of the United States Code except Federal holidays. The AD docket contains the NPRM, the regulatory been detected during ADG manufacture, a specifies the FAA’s authority to issue short circuit was possible between certain rules on aviation safety. Subtitle I, evaluation, any comments received, and other information. The street address for internal wires and their metallic over-braided section 106, describes the authority of shields, which could result in the ADG not the FAA Administrator. ‘‘Subtitle VII: the Docket Operations office (telephone providing power when deployed. This Aviation Programs,’’ describes in more (800) 647–5527) is in the ADDRESSES directive mandates checking of the ADG and detail the scope of the Agency’s section. Comments will be available in modification of the ADG internal wiring, if authority. the AD docket shortly after receipt. required. It also prohibits future installation of unmodified ADGs. We are issuing this rulemaking under List of Subjects in 14 CFR Part 39 the authority described in ‘‘Subtitle VII, The unsafe condition is that failure of the Part A, Subpart III, Section 44701: Air transportation, Aircraft, Aviation ADG could lead to loss of several functions General requirements.’’ Under that safety, Incorporation by reference, essential for safe flight. Safety. section, Congress charges the FAA with Actions and Compliance promoting safe flight of civil aircraft in Adoption of the Amendment (f) Unless already done, do the following air commerce by prescribing regulations ■ actions. for practices, methods, and procedures Accordingly, under the authority delegated to me by the Administrator, (1) For airplanes having serial number (SN) the Administrator finds necessary for 7305 through 7990 and 8000 through 8083: safety in air commerce. This regulation the FAA amends 14 CFR part 39 as Within 12 months after the effective date of is within the scope of that authority follows: this AD, inspect the SN of the installed ADG. because it addresses an unsafe condition A review of airplane maintenance records is PART 39—AIRWORTHINESS acceptable in lieu of this inspection if the that is likely to exist or develop on DIRECTIVES products identified in this rulemaking serial number of the ADG can be ■ 1. The authority citation for part 39 conclusively determined from that review. action. (i) If the serial number is not listed in continues to read as follows: Regulatory Findings paragraph 1.A of Bombardier Service Bulletin Authority: 49 U.S.C. 106(g), 40113, 44701. 601R–24–113, Revision A, dated August 11, We determined that this AD will not 2005, no further action is required by this have federalism implications under § 39.13 [Amended] paragraph. Executive Order 13132. This AD will ■ 2. The FAA amends § 39.13 by adding (ii) If the serial number is listed in not have a substantial direct effect on the following new AD: paragraph 1.A of Bombardier Service Bulletin the States, on the relationship between 601R–24–113, Revision A, dated August 11, the national government and the States, 2009–06–17 Bombardier, Inc. (Formerly 2005, within 12 months after the effective Canadair): Amendment 39–15854. or on the distribution of power and date of this AD, inspect the ADG Docket No. FAA–2008–0521; Directorate identification plate and, as applicable, do the responsibilities among the various Identifier 2008–NM–040–AD. levels of government. actions of paragraph (f)(1)(ii)(A) or (f)(1)(ii)(B) For the reasons discussed above, I Effective Date of this AD. (A) If the identification plate is marked (a) This airworthiness directive (AD) certify this AD: with the symbol ‘‘24–2,’’ no further action is becomes effective April 30, 2009. 1. Is not a ‘‘significant regulatory required by this paragraph. action’’ under Executive Order 12866; Affected ADs (B) If the identification plate is not marked 2. Is not a ‘‘significant rule’’ under the (b) None. with the symbol ‘‘24–2,’’ modify the ADG DOT Regulatory Policies and Procedures wiring in accordance with the (44 FR 11034, February 26, 1979); and Applicability Accomplishment Instructions of Bombardier 3. Will not have a significant (c) This AD applies to Bombardier Model Service Bulletin 601R–24–113, Revision A, economic impact, positive or negative, CL–600–2B19 (Regional Jet Series 100 & 440) dated August 11, 2005. on a substantial number of small entities airplanes; certificated in any category; having (2) For airplanes having SN 7305 through under the criteria of the Regulatory serial numbers (SNs) 7305 through 7990, and 7990, and 8000 and subsequent: As of the Flexibility Act. 8000 and subsequent. effective date of this AD, no ADG as We prepared a regulatory evaluation described in Table 1 of this AD may be Subject installed on any airplane, unless the of the estimated costs to comply with (d) Air Transport Association (ATA) of identification plate of the ADG is identified this AD and placed it in the AD docket. America Code 24: Electrical Power. with the symbol ‘‘24–2.’’ Examining the AD Docket Reason Note 1: Bombardier Service Bulletin 601R– 24–113, Revision A, dated August 11, 2005, You may examine the AD docket on (e) The mandatory continuing refers to Hamilton Sundstrand Service the Internet at http:// airworthiness information (MCAI) states: Bulletin ERPS10AG–24–2, dated February www.regulations.gov; or in person at the Following in-flight test deployments, 19, 2004, for further information on Docket Operations office between 9 a.m. several Air-Driven generators (ADGs) failed identifying the symbol ‘‘24–2.’’

TABLE 1—ADG IDENTIFICATION

ADG part number— Having ADG serial number—

604–90800–1 (761339C), 604–90800–17 0101 through 0132, 0134 through 0167, 0169 through 0358, 0360 through 0438, 0440 through (761339D), or 604–90800–19 (761339E). 0456, 0458 through 0467, 0469, 0471 through 0590, 0592 through 0597, 0599 through 0745, 0747 through 1005, or 1400 through 1439.

(3) Actions done before the effective date are considered acceptable for compliance this AD, provided the ADG has not been of this AD according to Bombardier Service with the corresponding actions specified in replaced since those actions were done. Bulletin 601R–24–113, dated April 22, 2004,

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FAA AD Differences information on the availability of this www.regulations.gov or in person at the material at NARA, call 202–741–6030, or go Note 2: This AD differs from the MCAI U.S. Department of Transportation, to: http://www.archives.gov/federal_register/ and/or service information as follows: No Docket Operations, M–30, West code_of_federal_regulations/ differences. Building Ground Floor, Room W12–140, ibr_locations.html. 1200 New Jersey Avenue, SE., Other FAA AD Provisions Issued in Renton, Washington, on March 6, Washington, DC. 2009. (g) The following provisions also apply to FOR FURTHER INFORMATION CONTACT: this AD: Linda Navarro, Mazdak Hobbi, Aerospace Engineer, (1) Alternative Methods of Compliance Acting Manager, Transport Airplane Airframe and Propulsion Branch, ANE– (AMOCs): The Manager, New York Aircraft Directorate, Aircraft Certification Service. Certification Office, FAA, has the authority to 171, FAA, New York Aircraft approve AMOCs for this AD, if requested [FR Doc. E9–6221 Filed 3–25–09; 8:45 am] Certification Office, 1600 Stewart using the procedures found in 14 CFR 39.19. BILLING CODE 4910–13–P Avenue, Suite 410, Westbury, New York Send information to ATTN: Fabio Buttitta, 11590; telephone (516) 228–7330; fax Aerospace Engineer, Airframe & Propulsion (516) 794–5531. Branch, ANE–171, FAA, New York Aircraft DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; Federal Aviation Administration Discussion telephone (516) 228–7303; fax (516) 794– We issued a notice of proposed 5531. Before using any approved AMOC on 14 CFR Part 39 any airplane to which the AMOC applies, rulemaking (NPRM) to amend 14 CFR notify your appropriate principal inspector [Docket No. FAA–2008–0888; Directorate part 39 to include an AD that would (PI) in the FAA Flight Standards District Identifier 2008–NM–084–AD; Amendment apply to the specified products. That Office (FSDO), or lacking a PI, your local 39–15840; AD 2009–06–04] NPRM was published in the Federal FSDO. RIN 2120–AA64 Register on August 19, 2008 (73 FR (2) Airworthy Product: For any 48312). That NPRM proposed to correct requirement in this AD to obtain corrective Airworthiness Directives; Bombardier actions from a manufacturer or other source, an unsafe condition for the specified use these actions if they are FAA-approved. Model CL–600–2B19 (Regional Jet products. The MCAI states: Corrective actions are considered FAA- Series 100 & 440) Airplanes Bombardier Aerospace has completed a approved if they are approved by the State AGENCY: system safety review of the CL–600–2B19 of Design Authority (or their delegated Federal Aviation Administration (FAA), Department of aircraft fuel system against new fuel tank agent). You are required to assure the product safety standards, introduced in Chapter 525 is airworthy before it is returned to service. Transportation (DOT). of the Airworthiness Manual through Notice (3) Reporting Requirements: For any ACTION: Final rule. of Proposed Amendment (NPA) 2002–043. reporting requirement in this AD, under the The identified non-compliances were provisions of the Paperwork Reduction Act, SUMMARY: We are adopting a new assessed using Transport Canada Policy the Office of Management and Budget (OMB) airworthiness directive (AD) for the Letter No. 525–001 to determine if mandatory has approved the information collection products listed above. This AD results corrective action is required. requirements and has assigned OMB Control from mandatory continuing This assessment showed that there is Number 2120–0056. airworthiness information (MCAI) insufficient electrical bonding for lightning Related Information originated by an aviation authority of protection at certain locations inside the fuel another country to identify and correct tanks. In addition, the assessment also (h) Refer to MCAI Canadian Airworthiness revealed that existing bonding jumpers across Directive CF–2008–09, dated February 5, an unsafe condition on an aviation self-bonded couplings are not required. 2008; and Bombardier Service Bulletin 601R– product. The MCAI describes the unsafe Insufficient electrical bonding, if not 24–113, Revision A, dated August 11, 2005; condition as: corrected, could result in arcing and for related information. Bombardier Aerospace has completed a potential ignition source inside the fuel tank Material Incorporated by Reference system safety review of the CL–600–2B19 during lightning strikes and consequent fuel tank explosion. (i) You must use Bombardier Service aircraft fuel system against new fuel tank To correct the unsafe condition, this Bulletin 601R–24–113, Revision A, dated safety standards * * *. August 11, 2005, to do the actions required This assessment showed that there is directive mandates the modification of by this AD, unless the AD specifies insufficient electrical bonding for lightning certain bonding jumpers inside the fuel otherwise. protection at certain locations inside the fuel tanks. (1) The Director of the Federal Register tanks. In addition, the assessment also Corrective actions include, for certain approved the incorporation by reference of revealed that existing bonding jumpers across airplanes, a general visual inspection to this service information under 5 U.S.C. self-bonded couplings are not required. determine if the modification has been Insufficient electrical bonding, if not 552(a) and 1 CFR part 51. done on both sides of the airplane. You (2) For service information identified in corrected, could result in arcing and this AD, contact Bombardier, Inc., 400 Coˆte- potential ignition source inside the fuel tank may obtain further information by Vertu Road West, Dorval, Qubec H4S 1Y9, during lightning strikes and consequent fuel examining the MCAI in the AD docket. Canada; telephone 514–855–5000; fax 514– tank explosion. Revision to Service Bulletin 855–7401; e-mail We are issuing this AD to require Information [email protected]; Internet http:// www.bombardier.com. actions to correct the unsafe condition Since the NPRM was issued, we have (3) You may review copies of the service on these products. received Revision F of Bombardier information at the FAA, Transport Airplane DATES: This AD becomes effective April Service Bulletin 601R–28–055, dated Directorate, 1601 Lind Avenue, SW., Renton, 30, 2009. May 27, 2008. We referred to Washington. For information on the The Director of the Federal Register Bombardier Service Bulletin 601R–28– availability of this material at the FAA, call approved the incorporation by reference 055, Revision E, dated March 17, 2008, 425–227–1221 or 425–227–1152. of a certain publication listed in this AD (4) You may also review copies of the as the appropriate source of service service information that is incorporated by as of April 30, 2009. information for accomplishing the reference at the National Archives and ADDRESSES: You may examine the AD actions proposed in the NPRM. Revision Records Administration (NARA). For docket on the Internet at http:// F of Bombardier Service Bulletin 601R–

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28–055 changes Figure 7 in the We determined that these changes will Regulatory Findings Accomplishment Instructions and also not increase the economic burden on We determined that this AD will not includes small editorial changes that do any operator or increase the scope of the have federalism implications under not affect the technical content of the AD. Executive Order 13132. This AD will service bulletin. We have revised Differences Between This AD and the not have a substantial direct effect on paragraphs (f)(1) and (f)(2) of this AD to MCAI or Service Information the States, on the relationship between refer to Revision F of Bombardier the national government and the States, Service Bulletin 601R–28–055, and we We have reviewed the MCAI and or on the distribution of power and have added paragraph (f)(3) of this AD related service information and, in responsibilities among the various to give credit for actions done before the general, agree with their substance. But levels of government. effective date of this AD in accordance we might have found it necessary to use For the reasons discussed above, I with Revision E of Bombardier Service different words from those in the MCAI certify this AD: Bulletin 601R–28–055. to ensure the AD is clear for U.S. 1. Is not a ‘‘significant regulatory operators and is enforceable. In making Comments action’’ under Executive Order 12866; these changes, we do not intend to differ 2. Is not a ‘‘significant rule’’ under the We gave the public the opportunity to substantively from the information DOT Regulatory Policies and Procedures participate in developing this AD. We provided in the MCAI and related (44 FR 11034, February 26, 1979); and considered the comments received. service information. 3. Will not have a significant Request To Revise the Costs of We might also have required different economic impact, positive or negative, Compliance Section actions in this AD from those in the on a substantial number of small entities MCAI in order to follow our FAA under the criteria of the Regulatory Air Wisconsin states that the service policies. Any such differences are Flexibility Act. information does not discuss warranty highlighted in a NOTE within the AD. We prepared a regulatory evaluation consideration for parts needed to do the of the estimated costs to comply with modification proposed in the NPRM, Costs of Compliance this AD and placed it in the AD docket. and requests that we amend the Costs of We estimate that this AD will affect Examining the AD Docket Compliance section of the NPRM to about 686 products of U.S. registry. We reflect the cost of kits at $427 per also estimate that it will take about 18 You may examine the AD docket on airplane. work-hours per product to comply with the Internet at http:// We agree to revise the Costs of the basic requirements of this AD. The www.regulations.gov; or in person at the Compliance section to reflect the parts average labor rate is $80 per work-hour. Docket Operations office between 9 a.m. cost. The cost per product and fleet cost Required parts will cost about $427 per and 5 p.m., Monday through Friday, have increased accordingly. product. Where the service information except Federal holidays. The AD docket Request To Allow Credit for Prior lists required parts costs that are contains the NPRM, the regulatory Service Bulletin Revision covered under warranty, we have evaluation, any comments received, and other information. The street address for Air Wisconsin states that Revision D assumed that there will be no charge for these parts. As we do not control the Docket Operations office (telephone of Bombardier Service Bulletin 601R– (800) 647–5527) is in the ADDRESSES 28–055, dated July 17, 2006, added a warranty coverage for affected parties, some parties may incur costs higher section. Comments will be available in statement to modify both sides of the the AD docket shortly after receipt. airplane, and requests that we revise the than estimated here. Based on these NPRM to give credit for actions figures, we estimate the cost of this AD List of Subjects in 14 CFR Part 39 performed according to Revision D of to the U.S. operators to be $1,280,762, Air transportation, Aircraft, Aviation the service bulletin. Air Wisconsin or $1,867 per product. safety, Incorporation by reference, notes that Canadian Airworthiness Authority for This Rulemaking Safety. Directive CF–2007–34 allows compliance with Bombardier Service Title 49 of the United States Code Adoption of the Amendment Bulletin 601R–28–055, Revision D. specifies the FAA’s authority to issue ■ Accordingly, under the authority We agree with Air Wisconsin to give rules on aviation safety. Subtitle I, delegated to me by the Administrator, credit for Revision D of Bombardier section 106, describes the authority of the FAA amends 14 CFR part 39 as Service Bulletin 601R–28–055, and have the FAA Administrator. ‘‘Subtitle VII: follows: revised paragraph (f)(3) of this AD Aviation Programs,’’ describes in more accordingly. We have also revised Table detail the scope of the Agency’s PART 39—AIRWORTHINESS 1 of this AD to remove the restriction on authority. DIRECTIVES Revision D of Bombardier Service We are issuing this rulemaking under ■ 1. The authority citation for part 39 Bulletin 601R–28–055. In addition, we the authority described in ‘‘Subtitle VII, continues to read as follows: have removed Note (1) from the NPRM Part A, Subpart III, Section 44701: and therefore Note (2) of the NPRM General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. section, Congress charges the FAA with becomes Note 1 of this AD. Note (2) is § 39.13 [Amended] promoting safe flight of civil aircraft in also revised to remove the difference for ■ air commerce by prescribing regulations 2. The FAA amends § 39.13 by adding Revision D of Bombardier Service the following new AD: Bulletin 601R–28–055. for practices, methods, and procedures the Administrator finds necessary for 2009–06–04 Bombardier, Inc. (Formerly Conclusion safety in air commerce. This regulation Canadair): Amendment 39–15840. We reviewed the available data, is within the scope of that authority Docket No. FAA–2008–0888; Directorate including the comments received, and because it addresses an unsafe condition Identifier 2008–NM–084–AD. determined that air safety and the that is likely to exist or develop on Effective Date public interest require adopting the AD products identified in this rulemaking (a) This airworthiness directive (AD) with the changes described previously. action. becomes effective April 30, 2009.

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Affected ADs safety standards, introduced in Chapter 525 certain bonding jumpers inside the fuel (b) None. of the Airworthiness Manual through Notice tanks. of Proposed Amendment (NPA) 2002–043. Corrective actions include, for certain Applicability The identified non-compliances were airplanes, a general visual inspection to (c) This AD applies to Bombardier Model assessed using Transport Canada Policy determine if the modification has been done CL–600–2B19 (Regional Jet Series 100 & 440) Letter No. 525–001 to determine if mandatory on both sides of the airplane. corrective action is required. airplanes, serial numbers 7003 through 7067, Actions and Compliance and 7069 through 7929, certificated in any This assessment showed that there is category. insufficient electrical bonding for lightning (f) Unless already done: Within 5,000 flight protection at certain locations inside the fuel hours after the effective date of this AD, do Subject tanks. In addition, the assessment also the following actions. (d) Air Transport Association (ATA) of revealed that existing bonding jumpers across (1) For airplanes on which none of the America Code 28: Fuel. self-bonded couplings are not required. Bombardier service bulletins identified in Insufficient electrical bonding, if not Table 1 of this AD have been incorporated as Reason corrected, could result in arcing and of the effective date of this AD: Modify the (e) The mandatory continuing potential ignition source inside the fuel tank fuel tank bonding jumpers inside the wing airworthiness information (MCAI) states: during lightning strikes and consequent fuel and center fuel tanks in accordance with Part Bombardier Aerospace has completed a tank explosion. A of the Accomplishment Instructions of system safety review of the CL–600–2B19 To correct the unsafe condition, this Bombardier Service Bulletin 601R–28–055, aircraft fuel system against new fuel tank directive mandates the modification of Revision F, dated May 27, 2008.

TABLE 1—SERVICE BULLETINS

Bombardier service bulletin— Revision— Dated—

601R–28–055 ...... Original ...... May 4, 2004. 601R–28–055 ...... A ...... February 14, 2005. 601R–28–055 ...... B ...... September 14, 2005. 601R–28–055 ...... C ...... January 9, 2006.

(2) For airplanes on which any Bombardier airplanes on which any Bombardier service requirements and has assigned OMB Control service bulletin identified in Table 1 of this bulletin identified in Table 1 of this AD, has Number 2120–0056. AD has been incorporated as of the effective not been done. For airplanes on which any date of this AD: Do a general visual Bombardier service bulletin identified in Related Information inspection of the inside of the wing and Table 1 of this AD has been done, this AD (h) Refer to MCAI Canadian Airworthiness center fuel tanks to determine if the actions requires inspecting to determine if the Directive CF–2007–34, dated December 21, in Part A of the Accomplishment Instructions modification is done on both sides of the 2007; and Bombardier Service Bulletin 601R– of Bombardier Service Bulletin 601R–28–055, airplane and modifying the airplane if the 28–055, Revision F, dated May 27, 2008; for Revision F, dated May 27, 2008, have been modification was not done on both sides. done on both sides of the airplane. If Part A related information. of Bombardier Service Bulletin 601R–28–055, Other FAA AD Provisions Material Incorporated by Reference Revision F, dated May 27, 2008, has not been (g) The following provisions also apply to done on either side of the airplane, before (i) You must use Bombardier Service this AD: further flight, do the actions specified in Part Bulletin 601R–28–055, Revision F, dated (1) Alternative Methods of Compliance A of the Accomplishment Instructions of (AMOCs): The Manager, New York Aircraft May 27, 2008, to do the actions required by Bombardier Service Bulletin 601R–28–055, this AD, unless the AD specifies otherwise. Revision F, dated May 27, 2008; for the side Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested (1) The Director of the Federal Register of the airplane on which Part A of approved the incorporation by reference of Bombardier Service Bulletin 601R–28–055, using the procedures found in 14 CFR 39.19. this service information under 5 U.S.C. Revision F, dated May 27, 2008, has not been Send information to ATTN: Mazdak Hobbi, done. Aerospace Engineer, Airframe and 552(a) and 1 CFR part 51. (3) Actions done before the effective date Propulsion Branch, ANE–171, FAA, New (2) For service information identified in of this AD in accordance with Bombardier York Aircraft Certification Office, 1600 this AD, contact Bombardier, Inc., 400 Coˆte- Service Bulletin 601R–28–055, Revision D, Stewart Avenue, Suite 410, Westbury, New Vertu Road West, Dorval, Que´bec H4S 1Y9, dated July 17, 2006; or Bombardier Service York 11590; telephone (516) 228–7330; fax Canada; telephone 514–855–5000; fax 514– (516) 794–5531. Before using any approved Bulletin 601R–28–055, Revision E, dated 855–7401; e-mail AMOC on any airplane to which the AMOC March 17, 2008; is acceptable for compliance [email protected]; Internet http:// applies, notify your appropriate principal with the corresponding requirements of this www.bombardier.com. AD. inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your (3) You may review copies of the service FAA AD Differences local FSDO. information at the FAA, Transport Airplane Note 1: This AD differs from the MCAI (2) Airworthy Product: For any Directorate, 1601 Lind Avenue, SW., Renton, and/or service information as follows: requirement in this AD to obtain corrective Washington. For information on the The MCAI specifies that the modification actions from a manufacturer or other source, availability of this material at the FAA, call must be done on all airplanes in accordance use these actions if they are FAA-approved. 425–227–1221 or 425–227–1152. with Bombardier Service Bulletin 601R–28– Corrective actions are considered FAA- (4) You may also review copies of the 055, Revision D, dated July 17, 2006, and that approved if they are approved by the State service information that is incorporated by accomplishing Bombardier Service Bulletin of Design Authority (or their delegated reference at the National Archives and agent). You are required to assure the product 601R–28–055, dated May 4, 2004; Records Administration (NARA). For Bombardier Service Bulletin 601R–28–055, is airworthy before it is returned to service. Revision A, dated February 14, 2005; or (3) Reporting Requirements: For any information on the availability of this Bombardier Service Bulletin 601R–28–055, reporting requirement in this AD, under the material at NARA, call 202–741–6030, or go _ Revision B, dated September 14, 2005; does provisions of the Paperwork Reduction Act, to: http://www.archives.gov/federal register/ not satisfy the requirements of the MCAI. the Office of Management and Budget (OMB) code_of_federal_regulations/ This AD requires doing the modification on has approved the information collection ibr_locations.html.

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Issued in Renton, Washington, on February New England Executive Park, Costs of Compliance Is the Cost of a 27, 2009. Burlington, MA 01803; e-mail: Single Spool Replacement Ali Bahrami, [email protected]; One commenter, FedEx Express, Manager, Transport Airplane Directorate, telephone (781) 238–7133; fax (781) states that it appears that the proposed Aircraft Certification Service. 238–7199. AD costs of compliance total to U.S. [FR Doc. E9–6569 Filed 3–25–09; 8:45 am] SUPPLEMENTARY INFORMATION: The FAA operators of $594,500, is inaccurate and BILLING CODE 4910–13–P proposed to amend 14 CFR part 39 with might be the cost of a single spool a proposed AD. The proposed AD replacement, rather than the applies to GE CF6–80C2 and CF6–80E1 accumulated total of the proposed DEPARTMENT OF TRANSPORTATION series turbofan engines with HPCR action, if the estimate of 10 affected spool shaft stage 14 disks, P/N units is accurate. Federal Aviation Administration 1703M49G02, 1703M49G03, or We agree that the proposed AD total 1509M71G10 installed. We published is inaccurate. We had a typo in the 14 CFR Part 39 the proposed AD in the Federal Register proposed AD costs of compliance. The [Docket No. FAA–2008–1025; Directorate on November 26, 2008 (73 FR 71949). total cost should have been $5,594,500. Identifier 2008–NE–31–AD; Amendment 39– That action proposed to require a one- We corrected the total in the final rule 15862; AD 2009–07–03] time ECI of the HPCR spool shaft stage AD. 14 disk web for crack indications, and RIN 2120–AA64 Conclusion removing from service any parts with Airworthiness Directives; General web cracks. We have carefully reviewed the available data, including the comments Electric Company CF6–80C2 and CF6– Examining the AD Docket 80E1 Series Turbofan Engines received, and determined that air safety You may examine the AD docket on and the public interest require adopting AGENCY: Federal Aviation the Internet at http:// the AD with the changes described Administration (FAA), DOT. www.regulations.gov; or in person at the previously. We have determined that ACTION: Final rule. Docket Operations office between 9 a.m. these changes will neither increase the and 5 p.m., Monday through Friday, economic burden on any operator nor SUMMARY: The FAA is adopting a new except Federal holidays. The AD docket increase the scope of the AD. airworthiness directive (AD) for General contains this AD, the regulatory Costs of Compliance Electric Company (GE) CF6–80C2 and evaluation, any comments received, and CF6–80E1 series turbofan engines with other information. The street address for We estimate that this AD will affect high-pressure compressor rotor (HPCR) the Docket Operations office (telephone 126 CF6–80C2 and CF6–80E1 series spool shaft stage 14 disks, part number (800) 647–5527) is provided in the turbofan engines installed on airplanes (P/N) 1703M49G02, 1703M49G03, or ADDRESSES section. Comments will be of U.S. registry. We also estimate that it 1509M71G10 installed. This AD available in the AD docket shortly after will take about 10 work-hours per requires a one-time eddy current receipt. engine to perform the inspection, and inspection (ECI) of the HPCR spool shaft about 281 hours to complete the actions stage 14 disk web for crack indications, Comments if done at module level, and that the and removing from service any parts We provided the public the average labor rate is $80 per work-hour. with web cracks. This AD results from opportunity to participate in the The pro-rated cost of a HPCR stage 10– reports of 12 HPCR spool shaft stage 14 development of this AD. We have 14 spool shaft, based on average life disks with web cracks discovered to considered the comments received. remaining on disks found cracked, is date. We are issuing this AD to prevent $526,890. Using data on the percentage Compliance Should Be at Next Engine cracks from propagating to an of the affected fleet already in Shop Visit uncontained failure of the disk and compliance with the corrective actions, damage to the airplane. One commenter, Amiri Flight, states we estimate there will be 10 disks found DATES: This AD becomes effective April that the compliance should be at next cracked as a result of these inspections. 30, 2009. The Director of the Federal engine shop visit and should not have Based on these figures, we estimate the Register approved the incorporation by a calendar time limit, which may total cost of the AD to U.S. operators to reference of certain publications listed require forced removal/shop visit of be $5,594,500. in the regulations as of April 30, 2009. low-utilization engines. We agree. The compliance in the Authority for This Rulemaking ADDRESSES: You can get the service proposed AD, and the AD, require Title 49 of the United States Code information identified in this AD from inspection at next engine shop visit specifies the FAA’s authority to issue General Electric Company via Lockheed only. We did not change the AD. rules on aviation safety. Subtitle I, Martin Technology Services, 10525 section 106, describes the authority of Chester Road, Suite C, Cincinnati, Ohio Request To Correct the Boeing Airplane the FAA Administrator. Subtitle VII, 45215, telephone (513) 672–8400, fax Models Aviation Programs, describes in more (513) 672–8422. One commenter, The Boeing detail the scope of the Agency’s The Docket Operations office is Company, requests that we correct some authority. located at Docket Management Facility, of the minor models listed in the We are issuing this rulemaking under U.S. Department of Transportation, 1200 applicability section, and add a missing the authority described in subtitle VII, New Jersey Avenue, SE., West Building model. They state that for their part A, subpart III, section 44701, Ground Floor, Room W12–140, airplanes, the AD should only list 747 ‘‘General requirements.’’ Under that Washington, DC 20590–0001. and 767 models as-listed in the type section, Congress charges the FAA with FOR FURTHER INFORMATION CONTACT: certificate data sheet. We agree. We promoting safe flight of civil aircraft in Christopher Richards, Aerospace changed the AD to state ‘‘Boeing 747– air commerce by prescribing regulations Engineer, Engine Certification Office, 200B/300/400/400D/400F, 767–200/ for practices, methods, and procedures FAA, Engine & Propeller Directorate, 12 300/400F/400ER and MD–11 airplanes’’. the Administrator finds necessary for

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safety in air commerce. This regulation Effective Date engine HPCR spool shaft stage 14 disk web is within the scope of that authority (a) This airworthiness directive (AD) at the piece-part level. because it addresses an unsafe condition becomes effective April 30, 2009. (3) Use paragraphs 3.B.(1) through 3.B.(5) of the Accomplishment Instructions of GE that is likely to exist or develop on Affected ADs products identified in this rulemaking ASB No. CF6–80E1 S/B 72–A0258, Revision (b) None. 1, dated June 15, 2006, to ECI the CF6–80E1 action. series engine HPCR spool shaft stage 14 disk Applicability Regulatory Findings web at the module level. (c) This AD applies to General Electric (4) Use paragraph 3.C.(1) of the We have determined that this AD will Company (GE) CF6–80C2 and CF6–80E1 Accomplishment Instructions of GE ASB No. not have federalism implications under series turbofan engines with high-pressure CF6–80E1 S/B 72–A0258, Revision 1, dated Executive Order 13132. This AD will compressor rotor (HPCR) spool shaft stage 14 June 15, 2006, to ECI the HPCR spool shaft not have a substantial direct effect on disks, part number (P/N) 1703M49G02, stage 14 disk web at the piece-part level. the States, on the relationship between 1703M49G03, or 1509M71G10 installed. the national government and the States, These engines are installed on, but not Previous Credit or on the distribution of power and limited to, Airbus A300–600R/F, A310–200/ (h) Performance of a one-time ECI of the 300, and A330–200/300, and Boeing 747– responsibilities among the various HPCR spool shaft stage 14 disk web for crack 200B/300/400/400D/400F, 767–200/300/ indications, done before the effective date of levels of government. 400F/400ER, and MD–11 airplanes. For the reasons discussed above, I this AD and following the procedures Unsafe Condition defined in GE ASB No. CF6 80C2 S/B 72– certify that this AD: A1122, dated January 19, 2004, for CF6–80C2 (d) This AD results from reports of 12 (1) Is not a ‘‘significant regulatory series engines or GE ASB No. CF6 80E1 S/ action’’ under Executive Order 12866; cracked HPCR spool shaft stage 14 disk webs discovered to date. We are issuing this AD to B 72–A0258, dated January 19, 2004, for (2) Is not a ‘‘significant rule’’ under CF6–80E1 series engines satisfies the DOT Regulatory Policies and Procedures prevent cracks from propagating to an uncontained failure of the disk and damage compliance requirements specified in this (44 FR 11034, February 26, 1979); and AD. (3) Will not have a significant to the airplane. economic impact, positive or negative, Compliance Alternative Methods of Compliance on a substantial number of small entities (e) You are responsible for having the (i) The Manager, Engine Certification under the criteria of the Regulatory actions required by this AD performed at the Office, has the authority to approve Flexibility Act. next engine shop visit where the separation alternative methods of compliance for this We prepared a summary of the costs of a major engine flange will occur after the AD, if requested using the procedures found to comply with this AD and placed it in effective date of this AD, unless the actions in 14 CFR 39.19. the AD Docket. You may get a copy of have already been done. Related Information this summary at the address listed (f) For the purpose of this AD, introduction of an engine into a shop solely for the (j) Contact Christopher Richards, ADDRESSES under . following maintenance actions is not Aerospace Engineer, Engine Certification List of Subjects in 14 CFR Part 39 considered an engine shop visit: Office, FAA, Engine & Propeller Directorate, (1) Removal of a compressor case for airfoil 12 New England Executive Park, Burlington, Air transportation, Aircraft, Aviation or variable stator vane bushing maintenance. MA 01803; e-mail: safety, Incorporation by reference, (2) Removal or replacement of the stage 1 [email protected]; telephone Safety. fan disk. (781) 238–7133; fax (781) 238–7199, for more (3) Replacement of the turbine rear frame. information about this AD. Adoption of the Amendment (4) Removal or replacement of the Material Incorporated by Reference ■ Accordingly, under the authority accessory and/or transfer gearbox. (5) Removal or replacement of the fan (k) You must use the service information delegated to me by the Administrator, specified in the following Table 1 to perform the Federal Aviation Administration forward case. (6) Any combination of the maintenance the one-time ECI required by this AD. The amends 14 CFR part 39 as follows: actions listed above. Director of the Federal Register approved the incorporation by reference of the documents PART 39—AIRWORTHINESS One-Time Eddy Current Inspection (ECI) listed in the following Table 1 in accordance DIRECTIVES (g) Using the following Alert Service with 5 U.S.C. 552(a) and 1 CFR part 51. Contact General Electric Company via ■ 1. The authority citation for part 39 Bulletin (ASB) instructions, perform a one- time ECI of the HPCR spool shaft stage 14 Lockheed Martin Technology Services, 10525 continues to read as follows: disk web for crack indications, and remove Chester Road, Suite C, Cincinnati, Ohio Authority: 49 U.S.C. 106(g), 40113, 44701. from service those parts found to be cracked. 45215, telephone (513) 672–8400, fax (513) (1) Use paragraphs 3.B.(1) through 3.B.(5) 672–8422, for a copy of this service § 39.13 [Amended] of the Accomplishment Instructions of GE information. You may review copies at the ■ 2. The FAA amends § 39.13 by adding ASB No. CF6–80C2 S/B 72–A1122, Revision FAA, New England Region, 12 New England the following new airworthiness 1, dated June 19, 2006, to ECI the CF6–80C2 Executive Park, Burlington, MA; or at the series engine HPCR spool shaft stage 14 disk National Archives and Records directive: web at the module level. Administration (NARA). For information on 2009–07–03 General Electric Company: (2) Use paragraph 3.C.(1) of the the availability of this material at NARA, call Amendment 39–15862. Docket No. Accomplishment Instructions of GE ASB No. 202–741–6030, or go to: http:// FAA–2008–1025; Directorate Identifier CF6–80C2 S/B 72–A1122, Revision 1, dated www.archives.gov/federal-register/cfr/ibr- 2008–NE–31–AD. June 19, 2006, to ECI the CF6–80C2 series locations.html.

TABLE 1—INCORPORATION BY REFERENCE

GE Alert Service Bulletin No. Page Revision Date

CF6–80C2 S/B 72–A1122 Total Pages: 57 ...... ALL ...... 1 June 19, 2006. CF6–80E1 S/B 72–A0258 Total Pages: 57 ...... ALL ...... 1 June 15, 2006.

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Issued in Burlington, Massachusetts, on Docket Operations, M–30, West AD. We have revised the compliance March 18, 2009. Building Ground Floor, Room W12–140, time of paragraph (f)(1)(ii) of this AD Thomas A. Boudreau, 1200 New Jersey Avenue, SE., accordingly. Acting Manager, Engine and Propeller Washington, DC. Request To Shorten Compliance Time Directorate, Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: and Restrict Dispatch Conditions [FR Doc. E9–6387 Filed 3–25–09; 8:45 am] Fabio Buttitta, Aerospace Engineer, Air Line Pilots Association, BILLING CODE 4910–13–P Airframe & Propulsion Branch, ANE– 171, FAA, New York Aircraft International (ALPA), requests that the Certification Office, 1600 Stewart compliance time be shortened from 12 DEPARTMENT OF TRANSPORTATION Avenue, Suite 410, Westbury, New York months to 3 months. ALPA states that 11590; telephone (516) 228–7303; fax although its review did not reveal any Federal Aviation Administration (516) 794–5531. incidents of full electrical failures in Bombardier airplanes, the ADG is the SUPPLEMENTARY INFORMATION: 14 CFR Part 39 only remaining source of electrical [Docket No. FAA–2008–0522; Directorate Discussion power sustaining the batteries and flight Identifier 2008–NM–041–AD; Amendment We issued a notice of proposed critical electrical systems if all other 39–15855; AD 2009–06–18] rulemaking (NPRM) to amend 14 CFR generators fail or are unavailable. In addition, ALPA states there are RIN 2120–AA64 part 39 to include an AD that would apply to the specified products. That procedures for deferring an engine- driven or APU generator under certain Airworthiness Directives; Bombardier NPRM was published in the Federal circumstances, but the ADG is a non- Model CL–600–2C10 (Regional Jet Register on May 8, 2008 (73 FR 26045). deferrable item. ALPA recommends Series 700, 701, & 702) Airplanes, That NPRM proposed to correct an that, given the potential consequences Model CL–600–2D15 (Regional Jet unsafe condition for the specified of a full electrical system failure, Series 705) Airplanes, and Model CL– products. The MCAI states: particularly in low visibility weather 600–2D24 (Regional Jet Series 900) Following in-flight test deployments on conditions in which these airplanes Airplanes CL–600–2B19 aircraft, several Air-Driven routinely operate, we shorten the generators (ADGs) failed to come on-line. AGENCY: Federal Aviation Investigation revealed that, as a result of a compliance time to 3 months. ALPA Administration (FAA), Department of wiring anomaly that had not been detected also recommends that no flights be Transportation (DOT). during ADG manufacture, a short circuit was allowed with a non-operating engine- ACTION: Final rule. possible between certain internal wires and driven or APU generator unless this AD their metallic over-braided shields, which has been complied with. SUMMARY: We are adopting a new could result in the ADG not providing power We do not agree to shorten the airworthiness directive (AD) for the when deployed. This directive mandates compliance time. We have considered products listed above. This AD results checking of the ADG and modification of the the risks (probability of dual engine from mandatory continuing ADG internal wiring, if required. It also shutdown due to a common cause and prohibits future installation of unmodified total loss of electrical power, including airworthiness information (MCAI) ADGs. originated by an aviation authority of the emergency battery power) and have another country to identify and correct The unsafe condition is that failure of determined that a 12-month compliance an unsafe condition on an aviation the ADG could lead to loss of several time is appropriate. The issue of not product. The MCAI describes the unsafe functions essential for safe flight. You allowing flights to be dispatched condition as: may obtain further information by without an operational engine-driven or examining the MCAI in the AD docket. Following in-flight test deployments on APU generator would be better CL–600–2B19 aircraft, several Air-Driven Comments addressed in the applicable Master generators (ADGs) failed to come on-line. Minimum Equipment List (MMEL). We Investigation revealed that, as a result of a We gave the public the opportunity to are considering a revision to the MMEL wiring anomaly that had not been detected participate in developing this AD. We for that issue. No change to the AD was during ADG manufacture, a short circuit was considered the comments received. made in this regard. possible between certain internal wires and Request To Extend Compliance Time their metallic over-braided shields, which Clarification for Inspecting the Identification Plate could result in the ADG not providing power We have revised paragraphs (f)(1)(i) when deployed. Comair requests that we change the and (f)(1)(ii)(A) of this AD from ‘‘* * * The unsafe condition is that failure of compliance time specified in paragraph by this AD.’’ to ‘‘* * * by this the ADG could lead to loss of several (f)(1)(ii) of the NPRM to remove the paragraph.’’ to clarify that if the criteria functions essential for safe flight. We are ‘‘before further flight’’ phrase. Comair in those paragraphs are met, no further issuing this AD to require actions to states that it has already reviewed their actions are required by those correct the unsafe condition on these maintenance records and found that paragraphs. The requirements of products. affected ADGs are installed on its fleet. paragraph (f)(2) of this AD would still be Since the review was performed before in effect. DATES: This AD becomes effective April the effective date of the AD, it is not We have removed reference to 30, 2009. clear when Comair would be required to Hamilton Sundstrand Service Bulletin The Director of the Federal Register inspect the ADG identification plate. ERPS10AG–24–2, dated February 19, approved the incorporation by reference Comair suggests a compliance time of 12 2004, from paragraph (f)(2) of this AD. of a certain publication listed in this AD months after the effective date of the Instead we have added Note 1 of this as of April 30, 2009. AD. AD to include this information. ADDRESSES: You may examine the AD We agree to change the compliance docket on the Internet at http:// time. The intent of the AD is to inspect Conclusion www.regulations.gov or in person at the and modify the ADG wiring within 12 We reviewed the available data, U.S. Department of Transportation, months after the effective date of the including the comments received, and

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determined that air safety and the products identified in this rulemaking Effective Date public interest require adopting the AD action. (a) This airworthiness directive (AD) with the changes described previously. becomes effective April 30, 2009. Regulatory Findings We determined that these changes will Affected ADs not increase the economic burden on We determined that this AD will not any operator or increase the scope of the have federalism implications under (b) None. AD. Executive Order 13132. This AD will Applicability not have a substantial direct effect on (c) This AD applies to Bombardier Model Differences Between This AD and the the States, on the relationship between MCAI or Service Information CL–600–2C10 (Regional Jet Series 700, 701, the national government and the States, & 702) airplanes, having serial numbers (SNs) We have reviewed the MCAI and or on the distribution of power and 10004 and subsequent; and Model CL–600– related service information and, in responsibilities among the various 2D15 (Regional Jet Series 705) airplanes and general, agree with their substance. But levels of government. Model CL–600–2D24 (Regional Jet Series we might have found it necessary to use For the reasons discussed above, I 900) airplanes, having SN 15002 and different words from those in the MCAI certify this AD: subsequent; certificated in any category. to ensure the AD is clear for U.S. 1. Is not a ‘‘significant regulatory Subject operators and is enforceable. In making action’’ under Executive Order 12866; (d) Air Transport Association (ATA) of these changes, we do not intend to differ 2. Is not a ‘‘significant rule’’ under the America Code 24: Electrical Power. substantively from the information DOT Regulatory Policies and Procedures Reason provided in the MCAI and related (44 FR 11034, February 26, 1979); and service information. 3. Will not have a significant (e) The mandatory continuing We might also have required different economic impact, positive or negative, airworthiness information (MCAI) states: actions in this AD from those in the on a substantial number of small entities Following in-flight test deployments on MCAI in order to follow our FAA under the criteria of the Regulatory CL–600–2B19 aircraft, several Air-Driven policies. Any such differences are Flexibility Act. generators (ADGs) failed to come on-line. highlighted in a NOTE within the AD. Investigation revealed that, as a result of a We prepared a regulatory evaluation wiring anomaly that had not been detected Costs of Compliance of the estimated costs to comply with during ADG manufacture, a short circuit was this AD and placed it in the AD docket. possible between certain internal wires and We estimate that this AD will affect Examining the AD Docket their metallic over-braided shields, which 304 products of U.S. registry. We also could result in the ADG not providing power estimate that it will take about 5 work- You may examine the AD docket on when deployed. This directive mandates hours per product to comply with the the Internet at http:// checking of the ADG and modification of the basic requirements of this AD. The www.regulations.gov; or in person at the ADG internal wiring, if required. It also average labor rate is $80 per work-hour. Docket Operations office between 9 a.m. prohibits future installation of unmodified Required parts will cost about $0 per and 5 p.m., Monday through Friday, ADGs. product. Where the service information except Federal holidays. The AD docket The unsafe condition is that failure of the lists required parts costs that are contains the NPRM, the regulatory ADG could lead to loss of several functions essential for safe flight. covered under warranty, we have evaluation, any comments received, and 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. some parties may incur costs higher section. Comments will be available in (1) For airplanes identified in Table 1 of than estimated here. Based on these the AD docket shortly after receipt. this AD: Within 12 months after the effective figures, we estimate the cost of this AD date of this AD, inspect the serial number of to the U.S. operators to be $121,600, or List of Subjects in 14 CFR Part 39 the installed ADG. A review of airplane $400 per product. Air transportation, Aircraft, Aviation maintenance records is acceptable in lieu of this inspection if the serial number of the Authority for This Rulemaking safety, Incorporation by reference, ADG can be conclusively determined from Safety. Title 49 of the United States Code that review. specifies the FAA’s authority to issue Adoption of the Amendment rules on aviation safety. Subtitle I, TABLE 1—BOMBARDIER AIRPLANE ■ Accordingly, under the authority IDENTIFICATION section 106, describes the authority of delegated to me by the Administrator, the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as Model Serial No. Aviation Programs,’’ describes in more follows: detail the scope of the Agency’s CL–600–2C10 air- 10004 through 10265. authority. PART 39—AIRWORTHINESS planes. We are issuing this rulemaking under DIRECTIVES CL–600–2D15 and 15002 through 15162. the authority described in ‘‘Subtitle VII, CL–600–2D24 air- Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 planes. General requirements.’’ Under that continues to read as follows: section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. (i) If the serial number is not listed in promoting safe flight of civil aircraft in paragraph 1.A of Bombardier Service Bulletin air commerce by prescribing regulations § 39.13 [Amended] 670BA–24–015, Revision A, dated December for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by adding 18, 2006, no further action is required by this paragraph. the Administrator finds necessary for the following new AD: (ii) If the serial number is listed in safety in air commerce. This regulation 2009–06–18 Bombardier, Inc. (Formerly paragraph 1.A of Bombardier Service Bulletin is within the scope of that authority Canadair): Amendment 39–15855. 670BA–24–015, Revision A, dated December because it addresses an unsafe condition Docket No. FAA–2008–0522; Directorate 18, 2006 (‘‘the service bulletin’’), within 12 that is likely to exist or develop on Identifier 2008–NM–041–AD. months after the effective date of this AD,

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inspect the ADG identification plate and, as the Office of Management and Budget (OMB) SUMMARY: We are adopting a new applicable, do the actions of paragraph has approved the information collection airworthiness directive (AD) for the (f)(1)(ii)(A) or (f)(1)(ii)(B) of this AD. requirements and has assigned OMB Control products listed above. This AD results (A) If the identification plate is marked Number 2120–0056. with the symbol ‘‘24–2,’’ no further action is from mandatory continuing required by this paragraph. Related Information airworthiness information (MCAI) (B) If the identification plate is not marked (h) Refer to Canadian Airworthiness originated by an aviation authority of with the symbol ‘‘24–2,’’ modify the ADG Directive CF–2008–10, dated February 5, another country to identify and correct wiring in accordance with the 2008; and Bombardier Service Bulletin an unsafe condition on an aviation Accomplishment Instructions of the service 670BA–24–015, Revision A, dated December product. The MCAI describes the unsafe bulletin. 18, 2006; for related information. condition as: (2) For all Model CL–600–2C10 airplanes having SN 10004 and subsequent, and Model Material Incorporated by Reference It has been found the occurrence of failed CL–600–2D15 and CL–600–2D24 airplanes (i) You must use Bombardier Service bearings of the RAT [ram air turbine] having SN 15002 and subsequent: As of the Bulletin 670BA–24–015, Revision A, dated generator, which may lead to a RAT effective date of this AD, no ADG part December 18, 2006, to do the actions generator failure. The RAT generator was number 604–90800–19 (761339E), having SN required by this AD, unless the AD specifies designed to provide emergency electrical 0101 through 0132, 0134 through 0167, 0169 otherwise. power to essential systems in case of loss of through 0358, 0360 through 0438, 0440 (1) The Director of the Federal Register all other sources of aircraft AC electrical through 0456, 0458 through 0467, 0469, 0471 approved the incorporation by reference of power. through 0590, 0592 through 0597, 0599 this service information under 5 U.S.C. * * * * * through 0745, 0747 through 1005, or 1400 552(a) and 1 CFR part 51. Loss of emergency electrical power through 1439, may be installed on any (2) For service information identified in could result in reduced controllability airplane, unless the identification plate of the this AD, contact Bombardier, Inc., 400 Coˆte- of the airplane during in-flight ADG is identified with the symbol ‘‘24–2.’’ ´ Vertu Road West, Dorval, Quebec H4S 1Y9, emergencies. We are issuing this AD to Note 1: Bombardier Service Bulletin Canada; telephone 514–855–5000; fax 514– 670BA–24–015, Revision A, dated December 855–7401; e-mail require actions to correct the unsafe 18, 2006, refers to Hamilton Sundstrand [email protected]; Internet http:// condition on these products. Service Bulletin ERPS10AG–24–2, dated www.bombardier.com. DATES: This AD becomes effective April February 19, 2004, for further information on (3) You may review copies of the service 30, 2009. identifying the symbol ‘‘24–2.’’ information at the FAA, Transport Airplane The Director of the Federal Register (3) Actions done before the effective date Directorate, 1601 Lind Avenue, SW., Renton, approved the incorporation by reference of this AD according to Bombardier Service Washington. For information on the of certain publications listed in this AD availability of this material at the FAA, call Bulletin 670BA–24–015, dated May 17, 2004, as of April 30, 2009. are considered acceptable for compliance 425–227–1221 or 425–227–1152. with the corresponding actions specified in (4) You may also review copies of the ADDRESSES: You may examine the AD this AD, provided the ADG has not been service information that is incorporated by docket on the Internet at http:// replaced since those actions were done. reference at the National Archives and www.regulations.gov or in person at the Records Administration (NARA). For U.S. Department of Transportation, FAA AD Differences information on the availability of this Docket Operations, M–30, West Note 2: This AD differs from the MCAI material at NARA, call 202–741–6030, or go _ Building Ground Floor, Room W12–140, and/or service information as follows: No to: http://www.archives.gov/federal register/ _ _ _ 1200 New Jersey Avenue, SE., differences. code of federal regulations/ ibr_locations.html. Washington, DC. FOR FURTHER INFORMATION CONTACT: Other FAA AD Provisions Issued in Renton, Washington, on March 6, (g) The following provisions also apply to 2009. Kenny Kaulia, Aerospace Engineer, International Branch, ANM–116, this AD: Linda Navarro, (1) Alternative Methods of Compliance Transport Airplane Directorate, FAA, (AMOCs): The Manager, New York Aircraft Acting Manager, Transport Airplane 1601 Lind Avenue, SW., Renton, Directorate, Aircraft Certification Service. Certification Office, FAA, has the authority to Washington 98057–3356; telephone approve AMOCs for this AD, if requested [FR Doc. E9–6222 Filed 3–25–09; 8:45 am] (425) 227–2848; fax (425) 227–1149. using the procedures found in 14 CFR 39.19. BILLING CODE 4910–13–P Send information to ATTN: Fabio Buttitta, SUPPLEMENTARY INFORMATION: Aerospace Engineer, Airframe & Propulsion Discussion Branch, ANE–171, FAA, New York Aircraft DEPARTMENT OF TRANSPORTATION Certification Office, 1600 Stewart Avenue, We issued a notice of proposed Suite 410, Westbury, New York 11590; Federal Aviation Administration rulemaking (NPRM) to amend 14 CFR telephone (516) 228–7303; fax (516) 794– Part 39 to include an AD that would 5531. Before using any approved AMOC on 14 CFR Part 39 apply to the specified products. That any airplane to which the AMOC applies, NPRM was published in the Federal notify your appropriate principal inspector [Docket No. FAA–2008–0831; Directorate Register on August 4, 2008 (73 FR (PI) in the FAA Flight Standards District Identifier 2008–NM–051–AD; Amendment 45178). That NPRM proposed to correct Office (FSDO), or lacking a PI, your local 39–15853; AD 2009–06–16] FSDO. an unsafe condition for the specified (2) Airworthy Product: For any RIN 2120–AA64 products. The MCAI states: requirement in this AD to obtain corrective Airworthiness Directives; Empresa It has been found the occurrence of failed actions from a manufacturer or other source, bearings of the RAT [ram air turbine] use these actions if they are FAA-approved. Brasileira de Aeronautica S.A. generator, which may lead to a RAT Corrective actions are considered FAA- (EMBRAER) Model ERJ 170 Airplanes generator failure. The RAT generator was approved if they are approved by the State and Model ERJ 190 Airplanes designed to provide emergency electrical of Design Authority (or their delegated power to essential systems in case of loss of AGENCY: agent). You are required to assure the product Federal Aviation all other sources of aircraft AC electrical is airworthy before it is returned to service. Administration (FAA), Department of power. (3) Reporting Requirements: For any Transportation (DOT). Loss of emergency electrical power reporting requirement in this AD, under the ACTION: Final rule. provisions of the Paperwork Reduction Act, could result in reduced controllability

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of the airplane during in-flight In this AD we require that affected parts safety in air commerce. This regulation emergencies. The corrective actions be replaced with serviceable parts is within the scope of that authority include determining the part number having a new part number. This new because it addresses an unsafe condition and serial number of the RAT, and re- part number is also specified in the that is likely to exist or develop on identifying or replacing the RAT if Aircraft Illustrated Parts Catalog as products identified in this rulemaking necessary. You may obtain further replacing the old part number; therefore action. information by examining the MCAI in a spares paragraph is not necessary. We Regulatory Findings the AD docket. have made no change to the AD in this regard. We determined that this AD will not Comments have federalism implications under We gave the public the opportunity to Conclusion Executive Order 13132. This AD will participate in developing this AD. We We reviewed the relevant data, not have a substantial direct effect on considered the comments received from considered the comments received, and the States, on the relationship between a single commenter. determined that air safety and the the national government and the States, public interest require adopting the AD or on the distribution of power and Request To Change Applicability with the change described previously. responsibilities among the various Embraer suggests restricting the We also determined that this change levels of government. applicability specified in paragraph (c) will not increase the economic burden For the reasons discussed above, I of the NPRM to the affected airplanes on any operator or increase the scope of certify this AD: ‘‘equipped with a RAT having part the AD. 1. Is not a ‘‘significant regulatory number (P/N) 1703781.’’ Embraer did action’’ under Executive Order 12866; Differences Between This AD and the not provide a reason for the request. 2. Is not a ‘‘significant rule’’ under the MCAI or Service Information We do not agree to restrict the DOT Regulatory Policies and Procedures applicability as suggested by Embraer. We have reviewed the MCAI and (44 FR 11034, February 26, 1979); and The applicability specified in this AD related service information and, in 3. Will not have a significant includes all EMBRAER Model ERJ 170 general, agree with their substance. But economic impact, positive or negative, and ERJ 190 airplanes, because the first we might have found it necessary to use on a substantial number of small entities action is to determine the part number different words from those in the MCAI under the criteria of the Regulatory and serial number of the RAT. to ensure the AD is clear for U.S. Flexibility Act. Therefore, it is not necessary to restrict operators and is enforceable. In making We prepared a regulatory evaluation the applicability by identifying the part these changes, we do not intend to differ of the estimated costs to comply with number of the RAT. We have made no substantively from the information this AD and placed it in the AD docket. change to the AD in this regard. provided in the MCAI and related service information. Examining the AD Docket Request To Clarify RAT Part Number We might also have required different You may examine the AD docket on Embraer asks that we change the actions in this AD from those in the the Internet at http:// replacement part specification in MCAI in order to follow our FAA www.regulations.gov; or in person at the paragraph (f)(1)(ii) of the NPRM from ‘‘a policies. Any such differences are Docket Operations office between 9 a.m. RAT having P/N 1703781A’’ to ‘‘a RAT highlighted in a Note within the AD. and 5 p.m., Monday through Friday, not having P/N 1703781.’’ Embraer Costs of Compliance except Federal holidays. The AD docket states that not restricting P/N 1703781A contains the NPRM, the regulatory as the only allowable replacement part We estimate that this AD will affect evaluation, any comments received, and number will avoid issuing alternative 124 products of U.S. registry. We also other information. The street address for methods of compliance if a new RAT estimate that it will take about 1 work- the Docket Operations office (telephone part number is approved in the future. hour per product to comply with the (800) 647–5527) is in the ADDRESSES We agree with the intent of the basic requirements of this AD. The section. Comments will be available in request to change the replacement part average labor rate is $80 per work-hour. the AD docket shortly after receipt. number specification in paragraph Based on these figures, we estimate the (f)(1)(ii) of this AD. We have determined cost of this AD to the U.S. operators to List of Subjects in 14 CFR Part 39 that the replacement part should not be be $9,920, or $80 per product. Air transportation, Aircraft, Aviation restricted to P/N 1703781A only; Authority for This Rulemaking safety, Incorporation by reference, therefore, we have removed that part Safety. number and specified replacing the Title 49 of the United States Code affected RAT with a serviceable RAT. specifies the FAA’s authority to issue Adoption of the Amendment rules on aviation safety. Subtitle I, We have changed paragraph (f)(1)(ii) of ■ Accordingly, under the authority section 106, describes the authority of this AD accordingly. delegated to me by the Administrator, the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as Request To Add Spares Paragraph Aviation Programs,’’ describes in more follows: Embraer suggests a new paragraph be detail the scope of the Agency’s added to the AD to cover possible spare authority. PART 39—AIRWORTHINESS RATs in stock. Embraer states that, as We are issuing this rulemaking under DIRECTIVES currently written, airplanes that do not the authority described in ‘‘Subtitle VII, have the affected part installed would Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 be in compliance with the AD. General requirements.’’ Under that continues to read as follows: However, the affected part could be section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. installed during performance of airplane promoting safe flight of civil aircraft in maintenance. air commerce by prescribing regulations § 39.13 [Amended] We do not agree that a spares for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by adding paragraph should be added to the AD. the Administrator finds necessary for the following new AD:

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2009–06–16 Empresa Brasileira de May 4, 2007, meets the requirements of Directorate, 1601 Lind Avenue, SW., Renton, Aeronautica S.A. (Embraer): (f)(1)(i) and (f)(1)(ii) of this AD, as applicable. Washington. For information on the Amendment 39–15853. Docket No. availability of this material at the FAA, call FAA AD Differences FAA–2008–0831; Directorate Identifier 425–227–1221 or 425–227–1152. 2008–NM–051–AD. Note: This AD differs from the MCAI and/ (4) You may also review copies of the or service information as follows: No service information that is incorporated by Effective Date difference. reference at the National Archives and (a) This airworthiness directive (AD) Records Administration (NARA). For becomes effective April 30, 2009. Other FAA AD Provisions information on the availability of this material at NARA, call 202–741–6030, or go Affected ADs (g) The following provisions also apply to this AD: to: http://www.archives.gov/federal_register/ (b) None. (1) Alternative Methods of Compliance code_of_federal_regulations/ibr_ locations.html. Applicability (AMOCs): The Manager, International Branch, FAA, has the authority to approve (c) This AD applies to all EMBRAER Model Issued in Renton, Washington, on March AMOCs for this AD, if requested using the 10, 2009. ERJ 170–100 LR, –100 SE, –100 STD, –100 procedures found in 14 CFR 39.19. Send SU, –200 LR, –200 STD, and –200 SU information to ATTN: Kenny Kaulia, Ali Bahrami, airplanes; and Model ERJ 190–100 IGW, –100 Aerospace Engineer, International Branch, Manager, Transport Airplane Directorate, LR, –100 STD, –100 ECJ, –200 IGW, –200 LR, ANM–116, Transport Airplane Directorate, Aircraft Certification Service. and –200 STD airplanes; certificated in any FAA, 1601 Lind Avenue, SW., Renton, [FR Doc. E9–6565 Filed 3–25–09; 8:45 am] category. Washington 98057–3356; telephone (425) BILLING CODE 4910–13–P Subject 227–2848; fax (425) 227–1149. Before using any approved AMOC on any airplane to (d) Air Transport Association (ATA) of which the AMOC applies, notify your America Code 24: Electrical power. appropriate principal inspector (PI) in the DEPARTMENT OF TRANSPORTATION Reason FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. Federal Aviation Administration (e) The mandatory continuing (2) Airworthy Product: For any airworthiness information (MCAI) states: requirement in this AD to obtain corrective 14 CFR Part 137 It has been found the occurrence of failed actions from a manufacturer or other source, bearings of the RAT [ram air turbine] use these actions if they are FAA-approved. Operations in Controlled Airspace generator, which may lead to a RAT Corrective actions are considered FAA- Designated for an Airport generator failure. The RAT generator was approved if they are approved by the State designed to provide emergency electrical of Design Authority (or their delegated AGENCY: Federal Aviation power to essential systems in case of loss of agent). You are required to assure the product Administration (FAA), DOT. all other sources of aircraft AC electrical is airworthy before it is returned to service. ACTION: Final rule; technical power. (3) Reporting Requirements: For any amendment. Loss of emergency electrical power could reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, result in reduced controllability of the SUMMARY: This final rule revises an the Office of Management and Budget (OMB) airplane during in-flight emergencies. The incorrect cross-reference in the has approved the information collection corrective actions include determining the requirements and has assigned OMB Control regulations regarding operations in part number (P/N) and serial number (S/N) Number 2120–0056. controlled airspace designated for an of the RAT, and re-identifying or replacing airport. The current regulations cross- the RAT if necessary. Related Information reference a particular paragraph that no Actions and Compliance (h) Refer to MCAI Brazilian Airworthiness longer exists. This final rule updates the Directives 2007–12–01 and 2007–12–02, both cross-reference so that the reader will be (f) Unless already done, do the following effective January 24, 2008, and EMBRAER actions. able to find the appropriate weather Service Bulletins 170–24–0041, Revision 01, minimum limitations on visual flight (1) Within 1,300 flight hours or 6 months dated August 28, 2007; and 190–24–0012, after the effective date of this AD, whichever Revision 01, dated August 21, 2007; for rules for aircraft in controlled airspace occurs first, determine the P/N and S/N of related information. near airports. the RAT. For airplanes on which a RAT DATES: Effective Date: This final rule is Material Incorporated by Reference having P/N 1703781 is installed, do the effective March 26, 2009. actions specified in paragraphs (f)(1)(i) and (i) You must use EMBRAER Service FOR FURTHER INFORMATION CONTACT: Carl (f)(1)(ii) of this AD, as applicable, in Bulletin 170–24–0041, Revision 01, dated accordance with the Accomplishment August 28, 2007; or EMBRAER Service N. Johnson, Flight Standards Office, Instructions of EMBRAER Service Bulletin Bulletin 190–24–0012, Revision 01, dated AFS–820, Federal Aviation 170–24–0041, Revision 01, dated August 28, August 21, 2007; as applicable; to do the Administration, 800 Independence 2007; or 190–24–0012, Revision 01, dated actions required by this AD, unless the AD Ave., SW., Washington, DC 20591; August 21, 2007; as applicable. specifies otherwise. telephone (202) 493–5351; e-mail (i) For airplanes on which the S/N on the (1) The Director of the Federal Register [email protected]. RAT is 0110, 0150, 0255, or 0354 through approved the incorporation by reference of 0419: Before further flight, re-identify RAT P/ this service information under 5 U.S.C. SUPPLEMENTARY INFORMATION: N 1703781 to P/N 1703781A. 552(a) and 1 CFR part 51. Background (ii) For airplanes on which the S/N on the (2) For service information identified in RAT is 0005, 0101 through 0109, 0111 this AD, contact Empresa Brasileira de On December 17, 1991 (56 FR 65664), through 0149, 0151 through 0254, or 0256 Aeronautica S.A. (EMBRAER), Technical an amendment created § 137.43, through 0353: Within 6,000 flight hours or 26 Publications Section (PC 060), Av. Brigadeiro Operations in controlled airspace months after the effective date of this AD, Faria Lima, 2170—Putim—12227–901 Sa˜o designated for an airport. Paragraph (c) whichever occurs first, replace the affected Jose dos Campos—SP—BRASIL; telephone: of this section contains a reference to RAT with a serviceable RAT. +55 12 3927–5852 or +55 12 3309–0732; fax: paragraph (a)(2) of § 91.157, Special (2) Previous accomplishment of the re- +55 12 3927–7546; e-mail: identification or replacement of the RAT [email protected]; Internet: http:// VFR weather minimums. The purpose before the effective date of this AD in www.flyembraer.com. of the cross-reference is to set out the accordance with EMBRAER Service Bulletin (3) You may review copies of the service exceptions for aircraft operating under 170–24–0041 or 190–24–0012, both dated information at the FAA, Transport Airplane special visual flight rules (VFR) in

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controlled airspace designated for SUMMARY: The Federal Trade on April 18, 2006, the Commission airports. However, a final rule published Commission (‘‘Commission’’ or ‘‘FTC’’) assigned Petitioners the designation on December 5, 1995 (58 FR 51968) amends Rule 7(c) of the Rules and ‘‘PTT001’’ for temporary use in revised § 91.157. That revision removed Regulations under the Textile Fiber identifying PTT fiber pending a final paragraph (a)(2) and placed the Products Identification Act (‘‘Textile determination on the merits of their information in paragraph (b)(4). As a Rules’’) to establish a new generic fiber Petition. result, the cross-reference in § 137.43 subclass name and definition within the On September 7, 2006, Petitioners became inaccurate. This final rule existing definition of ‘‘polyester’’ for a submitted a revised petition revises the cross-reference in § 137.43(c) subclass of fibers made from (‘‘Petition’’)3 restating the original so that it correctly refers to poly(trimethylene terephthalate) request and addressing minor questions § 91.157(b)(4). (‘‘PTT’’). The amendment establishes raised by Commission staff.4 the subclass name ‘‘triexta.’’ On August 24, 2007, the Commission Technical Amendment solicited comment on whether to amend EFFECTIVE DATE: March 26, 2009. Rule 7(c) of the Textile Rules to This technical amendment merely FOR FURTHER INFORMATION CONTACT: revises an out-of-date cross-reference. establish a new generic fiber subclass Janice Podoll Frankle, Attorney, name for PTT within the definition of There are no other changes to the Division of Enforcement, Bureau of existing regulatory text. ‘‘polyester’’ for PTT (‘‘2007 Notice’’).5 Consumer Protection, Federal Trade At the close of the comment period, Justification for Immediate Adoption Commission, 600 Pennsylvania Ave., November 12, 2007, the Commission N.W., Washington, D.C., 20580; (202) Because this action updates an had received 49 comments.6 326-3022. 7 inaccurate cross-reference, the FAA INVISTA S.r.l. (‘‘Invista’’) was the finds that notice and public comment SUPPLEMENTARY INFORMATION: Pursuant sole commenter to oppose the Petition. under 5 U.S.C. section 553(b) is to a petition filed by Mohawk Its comment, however, raised serious unnecessary. For the same reason, the Industries, Inc. (‘‘Mohawk’’), E. I. du concerns. Specifically, the comment FAA finds good cause exists under 5 Pont de Nemours and Company criticized Petitioners’ testing procedures U.S.C. section 553(d) for making this (‘‘DuPont’’), and PTT Poly Canada and provided Invista’s own test results rule effective upon publication. (‘‘PTT Canada’’) (collectively that showed little difference between ‘‘Petitioners’’), the FTC amends Rule PTT and traditional ‘‘polyester’’ fibers List of Subjects in 14 CFR Part 137 7(c) of the Textile Rules. 16 CFR (polyethylene terephthalate (‘‘PET’’)).8 Agriculture, Aircraft, Aviation safety, § 303.7(c). The amendment establishes Because the Commission received Reporting and recordkeeping the subclass name ‘‘triexta’’ as an Invista’s comment only three days prior requirements. alternative to the generic name to the close of the 75 day comment ‘‘polyester’’ for a specific subclass of period, Petitioners and other interested The Amendment textile fibers defined in the amendment. parties had limited opportunity to 9 ■ In consideration of the forgoing, the In reaching this conclusion, the review and respond to it. Therefore, on FAA amends 14 CFR part 137 as following Federal Register document 3 follows: recounts the procedural history of this The Petition is available in electronic form at: matter and details the record established (http://www.ftc.gov/os/statutes/textile/info/ PTTGenAppRev8-30-06.pdf). The Petition, as well PART 137—AGRICULTURAL by the petition and public comments. as any comments filed in this proceeding, are AIRCRAFT OPERATIONS The document then analyzes this record available for public inspection in accordance with based on the applicable Commission the Freedom of Information Act, 5 U.S.C. 552, and ■ 1. The authority citation for part 137 standard. the Commission’s Rules of Practice, 16 CFR 4.11, continues to read as follows: at the Consumer Response Center, Public Reference I. Procedural History Section, Room 130, Federal Trade Commission, 600 Authority: 49 U.S.C. 106(g), 40103, 40113, Pennsylvania Avenue, NW, Washington, DC. 44701–44702. On February 21, 2006, Petitioners 4 These questions addressed improving the asked the Commission to establish a legibility of some data and identifying the Kruskal- § 137.43 [Amended] new generic subclass within the existing Wallis test as a statistical analysis rather than a ■ ‘‘polyester’’ category for fibers made carpet human traffic test. 2. Amend § 137.43(c) by removing the 5 72 FR 48600 (Aug. 24, 2007). reference ‘‘§ 91.157(a)(2)’’ and adding in from poly(trimethylene terephthalate) 6 Comments filed in this rulemaking can be found its place the reference ‘‘§ 91.157(b)(4)’’. (‘‘PTT’’).1 After initially analyzing the under the Rules and Regulations Under the Textile Issued in Washington, DC on March 13, request with the assistance of a textile Fiber Products Identification Act, 16 CFR Part 303, expert, tentatively and without the Matter No. P074201, ‘‘Mohawk, DuPont, and PTT 2009. Canada Generic Fiber Petition Rulemaking.’’ The Pamela Hamilton-Powell, benefit of public comment, the comments also may be viewed on the Commission’s Commission agreed with Petitioners that Director, Office of Rulemaking. website at: (http://www.ftc.gov/os/comments/ PTT fiber satisfied the criteria for textile-mohawk/index.shtm) and (http:// [FR Doc. E9–6731 Filed 3–25–09; 8:45 am] establishing a new generic fiber subclass www.ftc.gov/os/comments/textilefibernewgeneric/ BILLING CODE 4910–13–P name and definition within Rule 7(c)’s index.shtm). 7 In its comment, Invista stated that it is one of 2 definition of ‘‘polyester.’’ Accordingly, the world’s largest integrated producers of man- made fibers, and the largest producer of nylon fibers FEDERAL TRADE COMMISSION 1 Mohawk sells a line of carpets manufactured used in the production of both residential and from PTT under the trademark SmartStrand®. commercial carpeting. Invista at 1. 16 CFR Part 303 DuPont markets PTT under the trademark Sorona®. 8 Invista also argued that Mohawk violated the PTT Canada markets PTT under the trademark Textile Fiber Products Identification Act and ® Rules and Regulations Under the Corterra Polymers. Textile Rules by marketing PTT carpet without 2 16 CFR 303.7(c). Rule 7(c) defines ‘‘polyester’’ identifying it as ‘‘polyester,’’ and that this failure to Textile Fiber Products Identification as ‘‘a manufactured fiber in which the fiber-forming comply should weigh heavily against granting the Act substance is any long chain synthetic polymer Petition. Invista at 7. composed of at least 85% by weight of an ester of 9 Prior to the comment period closing, the AGENCY: Federal Trade Commission. a substituted aromatic carboxylic acid, including Commission did not receive any comments ACTION: Final rule. but not restricted to substituted terephthalate units, responding to Invista’s comment. Petitioners and para substituted hydroxy-benzoate units.’’ Continued

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April 7, 2008, the Commission reopened at each of 12, 24, and 36 thousand wear opposing a new- subclass designation the comment period for an additional 30 cycles, PTT significantly outperformed for PTT. days (‘‘2008 Notice’’).10 By the close of PET. For example, PTT outperformed A. Comments Supporting Subclass the extended comment period, May 5, PET by more than one interval in the 36 Designation 2008, the Commission had received 14 thousand wear cycle test, receiving a additional comments.11 rating of over 3 out of 5.16 Petitioners Comments supporting the PTT also submitted data from Performance subclass designation focused on PTT’s II. The Petition Appearance Rating tests (‘‘Performance superior qualities. For example, one The Petition sets forth evidence and Test’’) conducted by the same lab.17 retailer stated that ‘‘carpet made from arguments to support each of the four According to Petitioners, PTT again PTT definitely is more durable, more findings the Commission must make significantly outperformed PET at 20, 40 stain resistant [and] softer than any before establishing a new generic and 60 thousand wear cycles. ‘polyester’ fiber I have ever seen.’’24 subclass designation, specifically, that: Third, Petitioners submitted evidence Another seller commented that PTT (1) the fiber has the same general that consumers consider durability and ‘‘stands up to wear as well as nylon’’25 chemical composition as an established resiliency to be important attributes of and has ‘‘[e]xceptional, long-lasting generic fiber category; (2) the fiber has carpet fiber. Specifically, Petitioners durability.’’26 Yet another stated that distinctive properties that make it relied on a 2004 study commissioned by compared to ‘‘polyester,’’ the suitable for uses for which other fibers Mohawk in which 67% of respondents Smartstrand [PTT] fiber ‘‘is substantially under the established generic name rated the phrase ‘‘the carpet will stand more durable ..., [and] is a gigantic leap would not be suited, or would be up to years of foot traffic without forward in technology.’’27 significantly less well-suited; (3) these matting’’ as very important.18 In addition to the retailer comments, properties are important to the general Fourth, Petitioners contended that Independent Textile Testing Service, public; and (4) these properties are the this improved durability and resiliency Inc. (‘‘Independent’’) explained that for result of a new method of manufacture is the result of PTT’s unique chemistry the last 10 years it has conducted or the fiber’s substantially differentiated and molecular design.19 Specifically, extensive testing of PTT carpet fiber physical characteristics.12 The Petition including pedestrian traffic, soiling, and Petitioners explained that the glycol 28 also suggests three subclass names for portion of PTT’s chemical chain staining testing. Based on these tests, PTT fiber. crystalizes into a coil-like structure Independent asserted: ‘‘[I]t would seem First, Petitioners provided the while the same portion of PET forms a that the test results consistently show a chemical composition of the PTT wire-like structure. Petitioners marked difference when compared to polymer to demonstrate that PTT has contended that, as a result of this PET in regards to performance . . . [and] the same general chemical composition structural difference, ‘‘PTT fiber can the significant overall performance of as PET.13 the [PTT] fiber to foot traffic and in use take an additional level of applied strain 29 Second, Petitioners submitted tests [over PET] and recover completely.’’20 areas is remarkably better.’’ indicating that PTT fibers are superior Independent concluded that, due to to PET fibers with respect to durability Finally, the Petition suggested three performance differences between PET new subclass names for PTT fibers: 1) and resiliency in carpet applications.14 and PTT, a PTT subclass designation is ‘‘triexta’’; 2) ‘‘resisoft’’; and 3) 30 Specifically, Petitioners submitted the 21 appropriate. results of Hexapod Wear Tests ‘‘durares.’’ B. Invista’s Comment Opposing conducted by Mohawk in its industry III. Comments in Response to the 2007 Subclass Designation certified lab.15 According to Petitioners, Notice Invista asserted that the Commission submitted an additional comment in January 2008, Of the 49 comments received in should deny the Petition because PTT which the Commission has placed on the public response to the 2007 Notice, 46 came does not have distinctive properties that record at: (http://www.ftc.gov/os/comments/ from carpet retailers or dealers, one are important to the general public.31 textilefibernewgeneric/index.shtm) (‘‘Petitioners’ came from a textile testing service,22 submission of January 2008’’). Invista made several arguments in 10 73 FR 18727 (Apr. 7, 2008) and two came from textile support of this position, and also 23 11 The 14 comments can be found at: (http:// manufacturers. As noted above, objected to two of the proposed generic www.ftc.gov/os/comments/textilefibernewgeneric/ Invista submitted the only comment subclass names. index.shtm). On July 18, 2008, after the close of that comment period, the Commission received an polyurethane studs rolls randomly over the surface 24 additional comment from Invista, which the Llewellyn, Kevin. of the carpet inside a rotating drum. The mass of 25 Commission has considered and placed on the Nylon fibers are stronger and better able to the tumbler with six studs is 8.4 pounds, plus or public record along with these 14 comments. resist oil-based soiling and staining than minus 0.2 pounds. See Standard Practice for the 12 See infra Section V.A. ‘‘polyester’’ fibers. Invista at 6. Because of these Operation of the Hexapod Tumble Drum Tester, superior attributes nylon carpet has commanded a 13 Petition at 6. ASTM D-5252 - 05. higher price than ‘‘polyester’’ carpet. Invista at 6; 14 Id. at 13-19. Petitioners also submitted testing 16 See discussion of five point scale, supra note and Petition at 3. purporting to show that PTT is superior to PET with 15. 26 Issis & Sons, Inc. respect to carpet and apparel softness, and that PTT 17 This test measures the appearance of a sample 27 fibers in apparel recover from stretching better than Colonial Floors, Inc. carpet after a certain number of human footsteps 28 Independent is a comprehensive testing PET fibers. Because the Commission finds that (‘‘cycles’’). Like the Hexapod Wear Test, the Petitioners satisfy the standard for creating a PTT laboratory for carpets and textiles. Its laboratory is Performance Test relies on the visual appearance of accredited under the National Voluntary Laboratory subclass based on carpet durability and resilience the carpet sample after testing compared to the alone, the agency does not address these other Accreditation Program that administers the U.S. appearance of carpet in standardized photographs Department of Commerce/National Institute of issues. published by the CRI. Appearance is assessed on 15 This test, endorsed by the Carpet and Rug Standards and Technology. It conducted some of the same CRI scale, from 1 to 5. the tests that Petitioners rely on to support their Institute (‘‘CRI’’), measures appearance retention by 18 Petition at 3. simulating the most aggressive parts of a walking Petition. 19 Id. at 6. 29 action through the use of a mechanical device. The Independent. 20 test assesses the appearance of samples on a scale Id. at 7. 30 Id. from 1 to 5, where a rating of ‘‘5’’ shows no change 21 Id. at 1. 31 Invista at 3. Invista, however, acknowledged and a rating of ‘‘1’’ shows severe change. In this 22 Independent Textile Testing Service, Inc. that PTT has the same general chemical test, a metal hexapod tumbler (steel cube) with six 23 Filature Miroglio S.p.A. and Invista. composition as PET.

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First, Invista made three arguments to to be large to be meaningful for A. Petitioners’ Response to Invista’s support its contention that Petitioners’ consumers, and any rating of 3 or above Comment testing was inadequate to demonstrate a is considered an acceptable Petitioners responded to Invista’s significant difference between PTT and appearance.40 Given this explanation, comment by arguing that: (1) its testing PET: (1) Petitioners compared the wrong Invista argued that Petitioners have not methodology is sound; (2) its survey weight filaments; (2) Petitioners used met their burden because most of demonstrates that PTT’s distinctive the wrong test; and (3) the test results Petitioners’ testing shows a difference of properties are important to consumers; were so insignificant that they would less than one full interval at levels over and (3) ‘‘triexta’’ is an acceptable not be meaningful to consumers. Invista a rating of 3.41 subclass designation. began by stating that Petitioners unfairly compared heavier PTT filaments (18 Second, Invista asserted that even if 1. Petitioners’ Testing Methodology Is dpf) to lighter PET (15 dpf) and nylon Petitioner’s testing were adequate, PTT Sound. (12 dpf) samples.32 Specifically, Invista outperformed PET on too small a percentage of carpet performance Petitioners responded to Invista’s explained that although total fiber assertion that its testing was flawed weight may be equal, the weight and characteristics to demonstrate the distinctiveness necessary to warrant a with four explanations. First, Petitioners construction of individual filaments asserted that, contrary to Invista’s determines how carpet fibers perform new generic fiber subclass.42 contention, consumers would notice a on tests based on visual appearance.33 Specifically, Invista explained that PTT difference of one full interval on the Because both of Petitioners’ tests draw fibers performed better on only three of Hexapod Wear Test and the conclusions based on visual appearance, the 14 categories that Petitioners assert Performance Test. They contended that Invista concluded that PET’s superior are important to consumers, and only carpet photographs on the CRI website performance on these tests did not two of the top ten. showing varying degrees of wear demonstrate greater durability or Finally, Invista stated that two of performance demonstrate this fact.50 resiliency.34 Invista next criticized Petitioners’ use Petitioners’ three suggested generic Second, Petitioners explained that of the Hexapod Wear Test. Specifically, subclass names for PTT ‘‘appear to be Invista’s Vettermann Drum Test used Invista asserted that this test uses a intentionally designed to create carpet with face weights far heavier than lighter impact ball than the Vettermann confusion with existing INVISTA that typically purchased by residential 51 Drum Test,35 which Invista contended trademarks.’’43 Specifically, Invista consumers. Specifically, Petitioners had been the industry standard for more asserted that Petitioners’ proposed noted that Invista tested carpet weighing than twenty years and produces more names ‘‘resisoft’’ and ‘‘durares’’ are 60 ounces per square yard, while most reliable results.36 Moreover, Invista ‘‘alarmingly similar’’ to Invista’s consumers purchase residential explained that its own Vettermann ResisTech® and DuraTech® brand carpeting in the 35-45 ounces per square 52 Drum Test results showed little names.44 yard weight range. Petitioners difference in the durability of PET and explained that only a small percentage IV. Comments in Response to the 2008 PTT fibers.37 (about 10 percent) purchase carpet Invista’s final argument regarding the Notice weighing 60 ounces and above.53 Thus, adequacy of Petitioners’ testing was that Petitioners asserted that their test results In response to Invista’s comment, the are ‘‘far more relevant to what it yielded differences that are too small Commission reopened the record and 38 consumers will experience.’’54 to be meaningful to consumers. received 14 additional comments: two Specifically, Invista explained that the Moreover, Petitioners argued that from Petitioners45 and 12 from various CRI appearance rating scale (from 1 to Invista’s results conflict not only with manufacturers or sellers of fibers. 5) used by Petitioners is nonlinear, so Petitioners’, but also with those of that a divergence between 4 and 5 Eleven of the comments from Independent and with ‘‘the very represents a smaller actual difference in manufacturers and sellers of fibers favorable real world durability reports appearance than the divergence between favored providing a subclass for PTT. submitted by carpet retailers.’’55 2 and 3.39 Therefore, Invista explained, These commenters stated that PTT was Third, Petitioners noted that the 2007 differences at the top of the scale have softer,46 had more resilience,47 and/or Petition correctly reported that the had better ability to stretch with tested PET and PTT carpets were of 32 Id. at 9-10. recovery than PET.48 Shaw Industries identical fiber weight, but Mohawk 33 Id. at 10. Group, Inc. (‘‘Shaw’’), a carpet incorrectly transcribed the dpf numbers 34 Id. manufacturer, opposed the Petition, in Appendix A to the Petition. 35 In this test, a steel ball with 14 rubber studs stating that ‘‘there are no distinctive Petitioners explained that the PET and rolls randomly over the surface of the carpet inside a rotating drum. The mass of the ball with the studs properties that make PTT suitable for PTT fibers that Mohawk tested both had is 16.8 pounds, plus or minus 0.2 pounds. See uses which other ‘‘polyester’’ fiber dpf’s of 18, allowing for a meaningful Standard Practice for the Operation of the products either cannot be used or would comparison.56 Vettermann Drum Tester, ASTM D-5417 - 05. be significantly less well suited.’’49 36 Id. at 12-13. 50 Petitioners’ submission of January 2008, at 11. 37 Invista submitted several other tests purporting 51 Dupont #535294-00017, at 13. Petitioners to show that PTT failed to perform significantly 40 Id. criticized Invista’s other tests results because they better than PET regarding carpet durability and 41 Id. at 12. were not performed using industry standard testing resilience: a test described as a real-world traffic 42 Id. at 8. methods and were performed using carpet weights test involving carpet used in a commercial space; 43 Id. at 25-26. that consumers rarely purchase. Petitioners’ a 5,000 cycle caster chair (60 kg) test; a proprietary 44 Id. submission of January 2008, at 12. test measuring wear on residential stairs; and a test 45 52 of carpet pile height loss and recovery. Invista did DuPont, #535294-00017 and 00018. Dupont #535294-00017, at 13; see also Petition not assert that any of these tests qualify as industry 46 Guo, Chen; Gu, Pony; Lee, Xuemei; Shi, Rita; at Appendix A. Petitioners tested carpet averaging standard tests, either now or in the past. Nor did and Tian Lin, Chen. 43 ounces per square yard. Id. Invista assert that these tests involved carpet 47 Lee, Xuemei. 53 DuPont #535294-00017, at 13 Note 1. representative of what consumers purchase. 48 Frankenberg, Paul; Gu, Pony; Lee, Xuemei; and 54 Id. at 13. 38 Id. at 10-11. Shi, Rita. 55 Id. at 13. 39 Id. 49 Shaw Industries Group at 2-3. 56 Id.

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Finally, Petitioners asserted that evaluations.’’64 Petitioners also stated B. Analysis of the Petition Invista’s own website had promoted the that, in a marketing brochure, Shaw The Commission now has a factual superiority of PTT over PET. published the results of a ‘‘foot step’’ record sufficient to render a decision. Specifically, Petitioners referenced a study comparing walk performance of Based on that record, the Commission chart on Invista’s website that rated the PTT and nylon carpets, which concludes that Petitioners have met performance of five carpet fibers, concluded that PTT outperformed each of the criteria for creating a new including PTT and PET,57 with respect nylon.65 Finally, Petitioners provided generic fiber subclass. to nine different carpet performance the following quote from Shaw’s First, the record demonstrates that parameters.58 Petitioners noted that brochure: ‘‘[m]ake no mistake, . . . (PTT) PTT has the same general chemical Invista’s chart rated PTT’s performance produces a totally new fiber, not a composition as the Commission’s as ‘‘excellent to good’’ and PET’s variation or enhancement.’’66 established ‘‘polyester’’ generic fiber performance as ‘‘poor’’ with respect to: V. Analysis and Conclusion category and thus falls within Rule (1) appearance retention and (2) 7(c)’s definition of ‘‘polyester.’’ 16 CFR resistance to foot traffic and furniture A. The Commission’s Standard for 303.7(c). Using the chemical weight.59 Granting a New Generic Fiber Subclass composition of the PTT polymer 2. Petitioner’s Survey Demonstrates that On April 15, 1996, in response to provided by Petitioners, a textile expert 68 Durability Is Important to Consumers. Courtaulds Fibers, Inc.’s petition to hired by the FTC confirmed this fact. Moreover, Invista agreed.69 Petitioners responded to Invista’s create a new generic subclass for a rayon fiber, the Commission set forth the Accordingly, the Petition satisfies the assertion that PTT is not sufficiently first criterion for granting a new generic distinctive in carpet performance standard for creating a new generic subclass fiber name. Specifically, the fiber subclass name. characteristics important to consumers Second, PTT has distinctive Commission stated: by explaining that, in their consumer properties that make it suitable for uses survey, the top eight-ranked carpet [W]here appropriate, in considering for which other fibers under the performance characteristics of [an] application for new generic established generic name would be importance to consumers fell into two names for fibers that are of the same significantly less well suited. subject categories: carpet durability/ general chemical composition as Specifically, Petitioners submitted resiliency, and resistance to staining those for which a generic name testing demonstrating that PTT is more and soiling.60 Petitioners asserted that already has been established, rather durable and resilient than ordinary PTT fibers have significant advantages than of a chemical composition that is ‘‘polyester’’ (PET) in some carpet with respect to one of the two most radically different, but that have applications. Petitioners compared PTT important carpet characteristics— distinctive properties of importance to and PET carpet using the Hexapod Wear durability/resiliency.61 the general public as a result of a new Test, a standard industry appearance retention test that simulates walking 3. ‘‘Triexta’’ Is an Acceptable Subclass method of manufacture or their action on carpet.70 Invista agreed that Designation. substantially differentiated physical characteristics, such as their fiber this is a standard industry test for Lastly, Petitioners responded to structure, it may allow such fiber to durability, and the Commission’s textile Invista’s objections regarding be designated in required information expert confirmed that it is a well Petitioners’ choice of subclass names by disclosures by either its generic name, established protocol.71 Having reviewed noting that neither Invista, nor any other or alternatively, by its ‘‘subclass’’ the test results, the Commission’s expert commenter, challenged the name name. The Commission will consider confirmed that they demonstrate that 62 ‘‘triexta.’’ this disposition when the distinctive carpets made from PTT fibers B. Petitioners’ Response to the Shaw feature or features of the subclass fiber significantly outperform carpets made 72 Comment make it suitable for uses for which from PET. other fibers under the established We reject Invista’s argument that the Petitioners responded to Shaw’s generic name would not be suited or Hexapod Test failed to show that PTT comments by noting that they ‘‘were would be significantly less well is significantly more durable or submitted without factual support.’’63 suited.67 resilient. First, even assuming, Moreover, Petitioners commented that, arguendo, Invista’s contention that prior to Shaw’s business acquisition of Therefore, a new generic fiber consumers would not notice a Honeywell International Inc.’s nylon subclass for PTT is appropriate if: (1) difference of only one interval at higher fiber business, Shaw had launched a PTT has the same general chemical line of carpets made from PTT fibers composition as an established generic 68 The Commission’s textile expert was Martin and promoted them as ‘‘equal [to] nylon fiber category; (2) PTT has distinctive Bide, Ph.D., Department of Textiles, University of in independent walk-test properties that make it suitable for uses Rhode Island, Kingston, RI 02881. The Commission has placed Dr. Bide’s Report Concerning Petition to for which other fibers under the Establish a New Generic Subclass of ‘‘polyester’’ for 57 The carpet fibers were: Stainmaster Nylon (sold established generic name would not be PTT (July 5, 2006), on the public record at: (http:// by Invista), Nylon, PET, PTT, and Olefin suited, or would be significantly less www.ftc.gov/os/comments/textilefibernewgeneric/ Polypropylene. Id. at 10-11. well suited; (3) these properties are index.shtm) (‘‘Expert Report’’). 58 The parameters were: assortment of colors and 69 important to the general public; and (4) Invista at 7. styles; appearance retention; resistance to foot 70 Petitioners’ Performance Tests were consistent traffic and furniture weight; soil resistance; these properties are the result of a new with the results from their Hexapod Tests and resistance to melting; durability of stain resistance; method of manufacture or PTT’s indicated that PTT carpet performed better than resistance to fading; resistance to damage from chair substantially differentiated physical PET and comparable to nylon carpet. Petition at 15- casters; and built-in permanent static control. Id. at characteristics. 17. The Petition also included the results of 10. additional Hexapod Tests conducted by 59 Id. at 10-11. Independent. The results of these tests were 60 DuPont #535294-00017 at 11-12. 64 Id. consistent with the results of Petitioners’ Hexapod 61 Id. 65 Id. Tests. Petition at 17-19. 62 Id. at 16. 66 Id. 71 Invista at 12-13. See also, Expert Report. 63 DuPont #535294-00018, at 2. 67 61 FR 16385, 16386 (Apr. 15, 1996). 72 Expert Report.

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CRI ratings, PTT significantly amends Rule 7(c) to define the generic L. 104-13, 109 Stat. 163, 44 U.S.C. outperformed PET on the heaviest of the subclass ‘‘triexta’’ and to allow use of chapter 35 (as amended), and its three wear cycles. Specifically, in the the name ‘‘triexta’’ as an alternative to implementing regulations, 5 CFR 1320 vast majority of trials, PET performed the generic name ‘‘polyester’’ for PTT et seq. Those procedures for establishing below an acceptable rating (i.e., 3) while fiber.78 Because ‘‘triexta’’ is the second generic names that do constitute PTT performed at or above a 3 rating in subclass generic designation for collections of information, 16 CFR all trials.73 Moreover, the central ‘‘polyester,’’ we have moved the first 303.8, have been submitted to OMB, tendency of each data set shows a subclass designation to its own which has approved them and assigned difference of over one full interval. subsection, (c)(1), for clarity. Finally, them control number 3084-0101. Second, Petitioners tested carpet based on this decision, the temporary weights that consumers typically designation ‘‘PTT001’’ is revoked as of List of Subjects in 16 CFR Part 303 purchase, whereas Invista’s Vettermann the effective date of this amendment. Labeling, Textile, Trade practices. Drum testing utilized heavier carpet that VI. Effective Date IX. PART 303—RULES AND only a small percentage of consumers REGULATIONS UNDER THE TEXTILE actually buy.74 Finally, Invista’s The Commission is making the amendment effective today, March 26, FIBER PRODUCTS IDENTIFICATION assertion that Petitioners tested PET and ACT PTT of different fiber weights (dpf) is 2009, as permitted by 5 U.S.C. 553(d), not at issue because Petitioners did, in because the amendment does not create ■ 1. The authority citation for part 303 fact, test the same weight PET and PTT new obligations under the Textile Rules; continues to read as follows: carpet fibers.75 Accordingly, the Petition rather, it merely creates a fiber name and definition that covered companies Authority: Sec. 7(c) of the Textile Fiber satisfies the second criterion for Products Identification Act (15 U.S.C. 70e(c)). may use to comply with the Textile granting a new generic fiber subclass ■ Rules. 2. In § 303.7, in paragraph (c), name. designate the second sentence, which Third, Petitioners have demonstrated VII. Regulatory Flexibility Act follows the second chemical that PTT’s distinctive properties are of In the Request for Public Comment,79 description, as paragraph (c)(1) and add importance to the general public. As new paragraph (c)(2) to read as follows: discussed earlier, Mohawk’s consumer the Commission tentatively concluded survey shows that consumers shopping that the provisions of the Regulatory § 303.7 Generic names and definitions for for carpet consider durability/resiliency Flexibility Act relating to an initial manufactured fibers. regulatory analysis, 5 U.S.C. 603-604, to be very important attributes. * * * * * did not apply to the Petition’s proposal Specifically, a 2004 study that Mohawk (c) * * * because the amendment, if promulgated, commissioned found that 67% of (2) Where the glycol used to form the would not have a significant economic respondents rated carpet durability/ ester consists of at least ninety mole impact on a substantial number of small resiliency as a very important trait. percent 1,3-propanediol, the term entities. The Commission believed that Thus, the Petition satisfies the third ‘‘triexta’’ may be used as a generic the proposed amendment would impose criterion for granting a new generic fiber description of the fiber. no additional obligations, penalties, or subclass name. costs. The amendment simply would * * * * * Finally, PTT’s enhanced durability is By direction of the Commission. the result of substantially differentiated allow covered companies to use a new generic name as an alternative to an physical characteristics. Specifically, Donald S. Clark, existing generic name for that defined Petitioners explained that the molecular Secretary. subclass of fiber, and would impose no structure of PTT is more coil-like than [FR Doc. E9–6633 Filed 3–25–09: 8:45 am] additional labeling requirements. To PET’s straight-wire structure. Thus, PTT BILLING CODE 6750–01–S ensure, however, that the Commission fibers are better able to recover without did not overlook any substantial permanently deforming and developing economic impact, the Commission a crushed appearance.76 The DEPARTMENT OF ENERGY solicited public comment in the Request Commission’s textile expert reviewed for Public Comment on the effects of the the material that Petitioners submitted Federal Energy Regulatory proposed amendment on costs, profits, and confirmed this fact.77 Accordingly, Commission competitiveness of, and employment in the Petition satisfies the final criterion small entities. 18 CFR Part 42 for granting a new generic fiber subclass The Commission did not receive any name. comment in response. Accordingly, the [Docket No. RM06–8–002; Order No. 681– Because the Petition meets all the Commission hereby certifies, pursuant B] criteria for establishing a new generic to the Regulatory Flexibility Act, 5 subclass fiber name, the Commission U.S.C. 605(b), that the amendment Long-Term Firm Transmission Rights promulgated today will not have a in Organized Electricity Markets 73 Petition at 14-15. 74 Invista also submitted the results of several significant economic impact on a Issued March 20, 2009. other tests purporting to show that PTT does not substantial number of small entities. AGENCY: Federal Energy Regulatory perform significantly better than PET. See supra Commission, DOE. note 37. The record does not indicate that any of VIII. Paperwork Reduction Act ACTION: these tests are current or former industry standard This amendment does not constitute a Final rule; order on rehearing tests. In addition, some of them involved heavier and clarification. weight PET and PTT carpet than the weight of ‘‘collection of information’’ under the carpet consumers typically purchase and, for Paperwork Reduction Act of 1995, Pub. SUMMARY: The Federal Energy others, the record does not indicate the weight of Regulatory Commission is issuing an the carpets tested. Therefore, we accord these test 78 The Commission has selected the name order on rehearing and clarification of results less weight. ‘‘triexta’’ because it was the one subclass name 75 DuPont #535294-00017 at 13. proposed by Petitioners to which no commenter Long-Term Firm Transmission Rights in 76 Petition at 7-8. objected. Organized Electricity Markets, Order 77 Expert Report. 79 72 FR 48600 (Aug. 24, 2007). No. 681–A, 71 FR 68,440 (November 16,

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2006). The order on rehearing affirms, Information), Office of Energy Market Energy Regulatory Commission, 888 with certain clarifications, the Regulation, Federal Energy Regulatory First Street, NE., Washington, DC 20426, fundamental determinations made in Commission, 888 First Street, NE., (202) 502–8910. Order No. 681, as clarified by Order No. Washington, DC 20426, (202) 502–8262. Richard Wartchow (Legal 681–A. Michael P. McLaughlin (Technical Information), Office of the General DATES: Effective Date: Order No. 681 Information), Office of Energy Market Counsel, Federal Energy Regulatory became effective on August 31, 2006. Regulation, Federal Energy Regulatory Commission, 888 First Street, NE., This order on rehearing and clarification Commission, 888 First Street, NE., Washington, DC 20426, (202) 502–8744. will become effective April 27, 2009. Washington, DC 20426, (202) 502–6135. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Heidi Werntz (Legal Information), Roland Wentworth (Technical Office of the General Counsel, Federal Table of Contents

Paragraph Numbers

I. Introduction ...... 1 II. Background ...... 4 A. Energy Policy Act of 2005 ...... 4 B. Notice of Proposed Rulemaking ...... 5 C. Final Rule: Order No. 681 ...... 6 D. Rehearing Order: Order No. 681–A ...... 11 III. Discussion ...... 15 A. Procedural Matters ...... 15 B. Requests for Rehearing and/or Clarification ...... 16 1. Contract with Transmission Owner Rather than Transmission Organization ...... 16 Commission Determination ...... 19 2. Lack of a Transmission Agreement ...... 20 Commission Determination ...... 22 3. Clarification of Paragraph 80 of Order No. 681–A ...... 24 Commission Determination ...... 26 4. Comparable Treatment for External and Internal Load Serving Entities ...... 29 Commission Determination ...... 35 5. Marginal Losses ...... 38 Commission Determination ...... 43

I. Introduction Act (FPA) to provide a general II. Background 1. In this order we affirm, with certain preference for load serving entities to 5 A. Energy Policy Act of 2005 clarifications, the fundamental obtain transmission service. On determinations made in Order Nos. 681 rehearing, in discussing priority when 4. On August 8, 2005, EPAct 2005 7 and 681–A.1 In Order No. 681, as transmission capacity is limited, the was signed into law. Section 1233 of reaffirmed and clarified in Order No. Commission declined to draw a broad EPAct 2005 added a new section to the 681–A, the Commission required each conclusion that it would always be FPA, section 217, which provides: transmission organization that is a unreasonable for a transmission organization to treat external and The Commission shall exercise the public utility with one or more authority of the Commission under this Act internal load serving entities differently organized electricity markets to make in a manner that facilitates the planning and available long-term firm transmission in allocating long-term firm expansion of transmission facilities to meet 6 rights that satisfy each of seven transmission rights. Three parties filed the reasonable needs of load-serving entities guidelines.2 requests for clarification or, in the to satisfy the service obligations of the load- 2. Under guideline (5), the alternative, rehearing of Order Nos. 681 serving entities, and enables load-serving Commission permits transmission and 681–A, focusing primarily on issues entities to secure firm transmission rights (or organizations to place reasonable limits associated with the allocation of long- equivalent tradable or financial rights) on a on the amount of capacity used to term firm transmission rights to load long-term basis for long-term power supply support long-term firm transmission serving entities serving load located arrangements made, or planned, to meet such 8 rights.3 Recognizing that ‘‘transmission outside the transmission organization needs. (external load serving entities). capacity is limited and the amount that The statute further required the can reasonably be made available for Rehearing was also requested on the Commission’s determination that the Commission to implement section 217 long-term transmission rights may be of the FPA within one year of the 4 statute does not require a hedge for lesser still,’’ the Commission construed effective date of EPAct 2005.9 new section 217 of the Federal Power marginal loss charges. 3. In this order, we grant certain 7 Public Law No. 109–58, 119 Stat. 594 (2005). 1 Long-Term Firm Transmission Rights in clarifications concerning allocation of 8 16 U.S.C. 824q (2006). Organized Electricity Markets, Order No. 681, 71 FR long-term firm transmission rights to 9 119 Stat. 594, 960. ‘‘Transmission organization’’ 43,564 (Aug. 1, 2006), FERC Stats. & Regs. ¶ 31,226, external load serving entities and deny is defined in EPAct 2005 as ‘‘a Regional reh’g denied, Order No. 681–A, 117 FERC ¶ 61,201 requests for rehearing. Transmission Organization, Independent System (2006). Operator, independent transmission provider, or 2 Order No. 681, FERC Stats. & Regs. ¶ 31,226 at other transmission organization finally approved by P 1, 23; Order No. 681–A, 117 FERC ¶ 61,201 at P 5 Order No. 681, FERC Stats. & Regs. ¶ 31,226 at the Commission for the operation of transmission 1. P 318 (construing EPAct 2005, section 217; Pub. L. facilities.’’ Public Law No. 109–58, § 1291, 119 Stat. 3 Order No. 681, FERC Stats. & Regs. ¶ 31,226 at 109–58, § 1233, 119 Stat. 594, 957 (2005); 16 U.S.C. 594, 985. In Order Nos. 681 and 681–A, we adopted P 318. 824q (2006)). this definition with slight modifications for the 4 Id. P 320. 6 Order No. 681–A, 117 FERC ¶ 61,201 at P 81. purposes of the Final Rule.

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B. Notice of Proposed Rulemaking Moreover, the Commission emphasized preference for load-serving entities over 5. As a first step towards that it would not compel transmission non-load serving entities, although implementing FPA section 217, on organizations to provide rights that are transmission organizations, on a February 2, 2006, the Commission infeasible based on the existing system, regional basis, are not precluded from issued a Notice of Proposed Rulemaking nor would the Commission guarantee giving allocation priority to holders of (NOPR) that proposed to amend its that a load serving entity will be able to long-term contracts over other load regulations to require each transmission obtain long-term firm transmission serving entities when capacity is 21 organization that is a public utility with rights sufficient to hedge its entire limited. Further, with respect to one or more organized electricity resource portfolio or be able to obtain all priority of eligibility, the Commission of its requested long-term firm explained that ‘‘long-term firm markets to make available long-term 14 firm transmission rights that satisfy transmission rights. Rather, the transmission rights should be made Commission concluded that guidelines established by the available first to those entities that have transmission organizations and their Commission.10 The NOPR proposed an obligation to serve load within the stakeholders should each have eight guidelines, and sought comments transmission organization’s service flexibility to determine the level at on various issues raised by the territory and are required to contribute which a load serving entity may introduction of long-term firm to the embedded cost of the nominate long-term firm transmission transmission rights in the organized transmission organization’s rights, as long as that level does not fall 22 electricity markets. transmission system.’’ The below the entity’s ‘‘reasonable Commission concluded that ‘‘[a]ny C. Final Rule: Order No. 681 needs.’’ 15 By reasonable needs, the entity that has neither an obligation to 6. On July 20, 2006, the Commission Commission meant that long-term firm serve load on the transmission issued a Final Rule in this proceeding, transmission rights should be sufficient organization’s transmission system, nor to hedge the congestion associated with an obligation to pay the embedded costs Order No. 681. Consistent with EPAct 16 2005, in Order No. 681, the Commission providing baseload service. Once an of that system, should not be given a required independent transmission entity obtains long-term firm preference to acquire long-term firm organizations that oversee electricity transmission rights, Order No. 681 transmission rights supported by the requires these rights to be fully funded 23 markets to make available long-term system’s existing capacity.’’ Further, over their entire term.17 firm transmission rights that satisfy each the Commission explained that ‘‘long- 8. Significantly, Order No. 681 term firm transmission rights must be of the seven guidelines ultimately adopted guidelines rather than established by the Commission in that available to all market participants.’’ 24 prescriptive requirements for long-term Guideline (5) ‘‘serves only as a order. The Commission further directed firm transmission rights. While transmission organizations subject to ‘tiebreaker’ between load serving transmission organizations are required entities and non-load serving entities the Final Rule to file, no later than to satisfy each guideline, the January 29, 2007, either: (1) Tariff sheets when existing transmission capacity is Commission gave them the flexibility to limited.’’ 25 and rate schedules that make available design long-term firm transmission long-term firm transmission rights that rights that reflect regional preferences D. Rehearing Order: Order No. 681–A satisfy each of the seven guidelines; or and accommodate regional market 11. On rehearing, the Commission (2) an explanation of how the 18 designs. upheld its determinations in Order No. transmission organization’s tariff and 9. Many of the rehearing requests rate schedules already provide for long- 681 and offered certain clarifications. focus on guideline (5), which gives load Specifically, on the issue of priority for term firm transmission rights that satisfy serving entities priority to transmission load serving entities with load outside each of the guidelines. The Commission rights on the existing system: also required entities that subsequently the region, the Commission stated that Load serving entities must have priority a load serving entity should receive meet the statutory definition of over non-load serving entities in the transmission organization after January preference in the allocation of long-term allocation of long-term firm transmission firm transmission rights within a 29, 2007 to satisfy the requirements of rights that are supported by existing capacity. the Final Rule.11 The transmission organization may propose transmission organization’s region ‘‘only 7. In issuing Order No. 681, the reasonable limits on the amount of existing to the extent that the transmission Commission explained that it sought to capacity used to support long-term firm organization plans and constructs its provide increased certainty regarding transmission rights.19 transmission system to support the load the congestion cost risks of long-term 10. In the preamble to guideline (5), of the load serving entity, and the load firm transmission service in organized the Commission rejected the NOPR serving entity contributes to the cost electricity markets in order to facilitate proposal for an absolute preference for that the transmission organization new investments and other long-term load serving entities with long-term incurs for that purpose.’’ 26 The power supply arrangements.12 The power supply arrangements.20 Instead, Commission found that it would be guidelines adopted in Order No. 681 the Commission opted for a general unreasonable to provide a preference were intended to ensure that the long- where the load has not contributed to term firm transmission rights made 14 Id. P 17–18. the system’s embedded costs, and the available by transmission organizations 15 Id. P 323. transmission organization has not subject to the rule would support long- 16 Id. planned and built its system to 17 term power supply arrangements.13 Id. P 18. accommodate the load.27 18 Id. P 2. The Commission recognized the possibility that the flexible regional approach 21 10 Long-Term Firm Transmission Rights in Id. P 321. adopted in the Final Rule could create seams issues, 22 Organized Electricity Markets, NOPR, 71 FR 6,693 and directed each transmission organization to Id. P 328. (Feb. 9, 2006), FERC Stats. & Regs. ¶ 32,598 (2006). explain in its compliance filing how its proposal 23 Id. 11 Order No. 681, FERC Stats. & Regs. ¶ 31,226 at addresses potential seams issues. Id. P 107. 24 Id. P 329. P 494. 19 Id. P 325; 18 CFR 42.1(d)(5) (2008). 25 Id. 12 Id. P 16. 20 Order No. 681, FERC Stats. & Regs. ¶ 31,226 at 26 Order No. 681–A, 117 FERC ¶ 61,201 at P 78. 13 Id. P 318. 27 Id.

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12. The Commission provided two be reasonable to treat external load conditioning eligibility for allocation of examples where external load serving differently from internal load for long-term firm transmission rights on entities should be given a preference in purposes of allocating long-term firm whether an agreement is with a the allocation of long-term firm transmission rights.32 transmission organization rather than a transmission rights equivalent to the III. Discussion participant of that organization unduly preference accorded to load serving discriminates against entities that are entities with loads that lie within the A. Procedural Matters similarly situated. Specifically, Modesto transmission organization’s region. 15. Timely requests for rehearing and/ complains that entities that are First, the Commission recognized that a or clarification were filed by the contributing to the embedded costs of load serving entity that has an existing following entities: Long Island Power the transmission organization’s system agreement with the transmission Authority and its wholly-owned through pre-existing arrangements with organization to pay a share of the operating subsidiary, LIPA (LIPA), the transmission organization are embedded costs of the transmission Modesto Irrigation District (Modesto), unduly discriminated against, compared system on a long-term basis to support and SMUD. with entities that have pre-existing load outside the region should be arrangements with transmission owners 28 B. Requests for Rehearing and/or entitled to receive this preference. who have turned their transmission over Second, external load-serving entities Clarification to the operational control of the should qualify for the preference where 1. Contract With Transmission Owner transmission organization. pancaked rates between the Rather Than Transmission Organization transmission organization and the other Commission Determination transmission provider(s) have been 16. Modesto states that the Final Rule eliminated, as long as the agreement allowed load serving entities that pay 19. We grant Modesto’s requested with the load-serving entity provides for the embedded costs of a transmission clarification. In Order No. 681–A, the cost sharing in accordance with the non- organization’s system to qualify for Commission did not intend to restrict pancaked rates currently in effect.29 priority in receiving long-term firm unnecessarily the types of contractual 13. In addition, the Commission transmission rights, even if located vehicles by which a load serving entity stated that, where there is no agreement outside of the transmission with load outside a transmission between an external load serving entity organization’s control area. Modesto organization’s region may demonstrate and the transmission organization: argues that in so doing, however, the that it is entitled to receive a preference a load serving entity with load that sinks Commission created ‘‘an unjust and in the allocation of long-term firm outside the transmission organization’s unreasonable and unduly transmission rights supported by the region is entitled to receive long-term firm discriminatory condition’’ in that such region’s existing transmission capacity. transmission rights from existing system load-serving entities must contract The salient issue here is whether the capacity to support that load to the extent directly with the transmission external load serving entity has that capacity is available after the needs of organization, rather than with entities historically contributed and will the load serving entities whose loads are within the transmission organization’s continue to contribute on an ongoing within the region have been met. However, footprint, to pay the embedded cost of in such cases, we expect that the load serving basis to the embedded costs of the entity would be required to contribute, on a the transmission system, in order to transmission system.34 As long as the long-term basis, toward the embedded cost of qualify for priority in receiving long- external load serving entity can 33 the transmission system, by paying either term firm transmission rights. demonstrate that it has paid and will pancaked or non-pancaked rates, as 17. Modesto explains that it is a load 30 continue to pay the embedded costs of applicable. serving entity located outside of and the transmission system, the precise 14. The Commission also denied the adjacent to the California Independent vehicle by which this is accomplished Sacramento Municipal Utility District System Operator (CAISO). To meet its is not important. Thus, a commitment to (SMUD) request to clarify that it would native load obligations, Modesto states pay an appropriate share of embedded be unreasonable for a transmission that it often must wheel power over the costs could be achieved through a CAISO-controlled grid from resources organization to allocate long-term firm contractual agreement with the located inside and outside of the CAISO transmission rights based on whether transmission organization itself, through control area. Modesto states that one of load is located in the transmission a pre-existing agreement with one or its pre-existing arrangements through organization’s control area or has agreed more transmission owners that have which it facilitates transmission of its to cede control of its transmission turned operational control of their electricity through the CAISO control facilities to that organization. The transmission system over to the area is with Pacific Gas & Electric Commission noted that it is not unduly transmission organization, or by some Company (PG&E), a participating discriminatory for a transmission other verifiable means.35 We further organization to impose additional transmission owner of the CAISO. 18. Modesto asserts that, through its note that, while Modesto’s specific requirements on external load as a contractual issue is beyond the scope of precondition to receiving such rights.31 payments to PG&E, it contributes to the embedded costs of the transmission this general rulemaking proceeding, it The Commission declined to draw a appears to have been favorably resolved broad conclusion in a rulemaking of system that is under the CAISO’s general applicability that it may never operational control. Modesto argues that, under Order No. 681–A, it would 34 See, e.g., New England Power Pool, 100 FERC ¶ 61,287, at P 85 (2002). 28 be denied a priority for obtaining long- Id. P 79. 35 See, e.g., PJM Interconnection, L.L.C., 119 FERC 29 Id. term firm transmission rights because its ¶ 61,144, at P 40 & n.34, order on clarification, 121 30 Id. P 80. agreement is with a participating FERC ¶ 61,073 (2007) (upholding PJM’s proposal to 31 Id. P 81 (erroneously citing New England Power transmission owner, PG&E, and not with allow an external load serving entity to receive Pool, 100 FERC ¶ 61,287, at P 85 (2002); correctly the CAISO. Modesto argues that long-term firm transmission rights in stage 1A if it citing Cal. Indep. Sys. Operator Corp., 116 FERC is a transmission customer taking and paying for ¶ 61,274, at P 766 (2006) (MRTU Order), order on firm service and if it was serving load from reh’g, 119 FERC ¶ 61,076 (2007) (MRTU Rehearing 32 Id. resources within a zone at the time that zone was Order)). 33 Modesto Rehearing Request at 4–5. integrated into PJM).

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in the compliance phase of this Commission Determination 3. Clarification of Paragraph 80 of Order proceeding.36 22. We grant in part and deny in part No. 681–A 2. Lack of a Transmission Agreement the clarification requested by SMUD. 24. LIPA asks the Commission to First, we decline to adopt SMUD’s clarify that, consistent with paragraph 20. SMUD asks the Commission to three-part test for determining whether 78 of Order No. 681–A, there should be clarify whether a load serving entity an external load serving entity should no distinction between the treatment of outside an ISO/RTO control area could qualify for a preference in the allocation internal and external load serving qualify for an allocation priority of long-term firm transmission rights.41 entities when allocating long-term firm equivalent to that of a load serving However, we grant clarification transmission rights, where the entity within the control area where its regarding the broader issue SMUD transmission organization plans and lack of an existing long-term firm raises, which is whether an external constructs its transmission system to service arrangement is the transmission load serving entity may qualify for a support the external load serving organization’s ‘‘fault.’’ 37 Asserting that preference if it contributes to the entity’s requirements and the load this question is not purely ‘‘academic,’’ embedded cost of the regional serving entity is obligated to contribute SMUD explains that it had a long-term transmission system, but is not a party to the costs the ISO/RTO incurs for that firm transmission arrangement for more to a qualifying agreement for long-term purpose. LIPA’s concern centers on than 35 years, which, according to transmission service at the time of its paragraph 80 of Order No. 681–A, SMUD, lapsed due to the CAISO’s delay request. We clarify that the lack of an which provides that: existing long-term service agreement in developing long-term firm in cases where [an external load serving with the transmission organization or a transmission rights. Pointing out that entity does not have an existing agreement to participating transmission owner does the CAISO was initially ordered to pay embedded system costs], a load serving not necessarily disqualify an external entity with load that sinks outside the develop long-term firm transmission load serving entity from receiving a transmission organization’s region is entitled rights in 1997, SMUD argues that it preference in the allocation of long-term to receive long-term firm transmission rights would have continued to have a long- firm transmission rights that are from existing system capacity to support that term firm transmission agreement in supported by the existing capacity of the load to the extent that capacity is available place and would have qualified for a transmission organization’s system. If after the needs of the load serving entities priority equivalent to that accorded load whose loads are within the region have been the external load serving entity has met.43 serving entities within the CAISO maintained a continuous service control area if the CAISO had developed relationship with the transmission In LIPA’s view, the allocation those long-term rights on a timely organization or transmission owner, preference expressed in paragraph 80 basis.38 through which it continues to contribute only applies with respect to the initial 21. SMUD states that it is willing to to the embedded costs of the allocation of long-term firm transmission rights to an external load provide assurances to the CAISO that it transmission system for the duration of serving entity that has no existing will continue to pay a share of the fixed the long-term firm transmission rights it agreement with the ISO/RTO or does costs of the transmission grid operated seeks, that entity may be entitled to an not hold long-term rights for which such by the CAISO. SMUD insists that absent allocation of long-term firm ISO/RTO plans and constructs its clarification, however, Order No. 681–A transmission rights. However, the entity must also satisfy all of the other transmission system. does not provide a clear opportunity for 25. LIPA argues specifically that firm SMUD and other similarly situated load eligibility requirements of the transmission organization, and it must transmission withdrawal rights in PJM serving entities to provide such meet the standard articulated by the 39 provide the transmission organization assurances. SMUD asks the Commission in paragraph 78 of Order Commission to clarify that a load with appropriate assurances that it will continue to satisfy these requirements No. 681–A and, according to LIPA, these serving entity located outside an ISO/ withdrawal rights should entitle RTO control area that lacks an existing going forward. 23. With regard to the status of external load serving entities to the long-term firm transmission agreement SMUD’s long-term contractual same rights as internal load serving can qualify for the same treatment relationship with the CAISO or any of entities. As LIPA explains, PJM awards accorded a load serving entity with an its Participating Transmission Owners, firm transmission withdrawal rights for existing long-term firm transmission including the question of which party merchant transmission lines that agreement, if it can demonstrate: (1) Its may be at fault for causing a prior include the right to withdraw energy reliance on the ISO/RTO transmission agreement to lapse, we note that this is and capacity from the PJM system up to grid; (2) its commitment to continue to a case-specific matter and, as such, is a specific megawatt level. LIPA explains contribute to the fixed costs of the beyond the scope of this proceeding.42 that PJM first subjects the award of such system; and (3) that its lack of a long- firm transmission withdrawal rights to term transmission agreement with the 41 See MRTU Rehearing Order, 119 FERC ¶ 61,076 system impact studies through the ISO/RTO was outside of its control.40 at P 373 (rejecting request to give external load interconnection process and considers serving entities the opportunity to demonstrate any potential system upgrades. Next, reliance on the CAISO grid in order to avoid 36 See Cal. Indep. Sys. Operator Corp., 120 FERC prepaying for the transmission service necessary to according to LIPA, PJM includes such ¶ 61,023, at P 188 (2007), reh’g denied, 124 FERC qualify for allocation of congestion revenue rights, ¶ 61,095, at P 42–45 (2008) (accepting MRTU Tariff which can be converted into long-term firm pre-payment of wheeling access charges and section 36.9, which establishes an external load transmission rights). ownership of or contract for generation within the serving entity’s eligibility for firm transmission 42 We note that the DC Circuit Court upheld the CAISO. See generally MRTU Tariff § 36.9. In rights based on a forward-looking showing of need). Commission’s finding that PG&E’s notice of addition, the MRTU Tariff allows SMUD to rollover 37 SMUD Rehearing Request at 14. ‘‘ISO’’ refers to termination of its long-term contract with SMUD a short-term firm transmission right indefinitely ‘‘Independent System Operator’’ and ‘‘RTO’’ refers was just and reasonable. Sacramento Municipal and use this to hedge CAISO congestion charges, as to ‘‘Regional Transmission Operator.’’ District v. FERC, 474 F.3d 797, 801 (DC Cir. 2007). long as this does not interfere with the 38 Id. Nevertheless, the CAISO allows an external load simultaneous feasibility of other allocated rights. Id. 39 Id. at 14–15. serving entity such as SMUD to obtain long-term § 36.9.5. 40 Id. firm transmission rights through a combination of 43 Order No. 681–A, 117 FERC ¶ 61,201 at P 80.

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firm transmission withdrawal rights in system, and for whom the transmission receive a long-term firm transmission its Regional Transmission Enhancement organization has not planned and right of the same length and attributes Plan (RTEP) and thereby plans for and constructed its transmission system.44 as an internal load serving entity.46 constructs its system to ensure the 27. LIPA also requests clarification of LIPA states that, as noted in Order No. availability of such firm transmission the conditions under which a reduced 681–A, Order No. 681 provides that withdrawal rights. LIPA further states allocation of long-term firm transmission organizations must make that PJM has proposed (and the transmission rights is contemplated long-term firm transmission rights Commission has agreed) that the costs of under paragraph 80. We clarify that an available to load serving entities with RTEP upgrades to support such external load serving entity may be term lengths and/or renewal rights that withdrawal rights may be allocated to allocated fewer long-term firm are sufficient to meet load serving merchant transmission lines. LIPA adds transmission rights than it requests in a entities’ need to hedge long-term power that the use of withdrawal rights also situation where its initial request for supply arrangements. LIPA points out requires scheduling of transmission long-term firm transmission rights that the Commission required long-term service over the PJM system, for which cannot be accommodated by the system firm transmission rights to have a the customer also then pays a ‘‘Border capacity that is available after the needs specific term length and/or use of Rate’’ charged to exports from the of the load serving entities whose loads renewal rights to provide firm coverage system, and through which PJM are within the region have been met. for at least a 10-year period.47 LIPA recovers the embedded system costs. This rule would apply to an initial states that a 10-year term length, LIPA asks the Commission to clarify request where the transmission renewal rights, and firmness of coverage that the lower allocation priority and organization has not historically are the ‘‘backbone’’ of long-term firm potential for reduced allocation of long- planned and constructed its system to transmission rights, which LIPA argues term firm transmission rights discussed meet the external load serving entity’s should not differ regardless whether a in paragraph 80 does not apply to load serving needs. load serving entity is internal or holders of long-term firm transmission 28. However, we decline to grant external to the ISO or RTO. rights such as firm withdrawal rights. LIPA’s requested clarification that its 30. Also focusing on this issue, SMUD Further, LIPA argues that any reduction firm transmission withdrawal rights in challenges the Commission’s ruling that contemplated under paragraph 80 PJM meet the standard articulated by only load serving entities in a should only be triggered when, as part the Commission in paragraph 78 of transmission organization’s control area of the evaluation of all internal and Order No. 681–A, such that these rights or those load serving entities with external load serving entity requests, should entitle external load serving existing long-term firm service contracts there is a binding constraint that does entities like LIPA to be granted the same would qualify for a first-tier allocation 48 not allow a full allocation of long-term rights as internal load serving entities. of long-term firm service rights. SMUD firm transmission rights to qualifying Whether these firm withdrawal rights argues that this ruling prejudices those load serving entities. LIPA states that, in qualify LIPA for receipt of long-term load serving entities located outside the such a case, the initial request for long- firm transmission rights in PJM requires CAISO’s control area whose long-term term firm transmission rights may be a fact-based determination that is firm service agreements lapsed, with no prorated downward to ensure that an outside the scope of a general long-term firm service replacement, due internal load serving entity or external rulemaking proceeding.45 to the CAISO’s ‘‘history of load serving entity with an existing 4. Comparable Treatment for External procrastination’’ in developing such agreement or long-term rights receives and Internal Load Serving Entities rights. its full allocation of long-term firm 31. Furthermore, SMUD asserts that transmission rights. 29. LIPA asks the Commission to the Commission failed to engage in clarify that ‘‘qualifying’’ external load reasoned decision-making by Commission Determination serving entities are able to participate in inconsistently applying its precedent 26. We grant in part and deny in part the same phase of long-term firm and suggesting that a transmission LIPA’s requested clarification. First, we transmission rights allocation as organization may give preference to load clarify that an external load serving internal load serving entities and serving entities located in its own entity may receive the same allocation control area over those located outside priority as an internal load serving 44 See Midwest Indep. Transmission Sys. its control area. SMUD states that the entity if the external load serving entity Operator, Inc., 121 FERC ¶ 61,062, at P 40–41 (2007), order on reh’g, 123 FERC ¶ 61,178 (2008), Commission offered no valid grounds can demonstrate that the transmission and Midwest Indep. Transmission Sys. Operator, for its departure from Order No. 888, organization plans and constructs its Inc., 121 FERC ¶ 61,063, at P 53–54 (2007) (finding transmission system to support the that stage 2 eligibility for long-term firm 46 LIPA states that, for purposes of its clarification external load serving entity’s load transmission rights to cover transmission service request, qualifying external load serving entities are obtained after the reference year is not unduly those entities for which the transmission serving requirements and the external discriminatory). organization plans and constructs its transmission load serving entity contributes to the 45 Indeed, it appears this issue has been system to support the load serving entity’s load and costs incurred for such purpose. We appropriately asked and answered in the the load serving entity contributes to the cost that further clarify that paragraph 80 of compliance phase of this rulemaking proceeding. the transmission organization incurs for that See PJM Interconnection, L.L.C., 119 FERC ¶ 61,144 purpose. LIPA Rehearing Request at 3 & n.9. Order No. 681–A is intended to apply at P 37–44, clarified on other grounds, 121 FERC 47 Id. at 4 & n.10. only to situations where a load serving ¶ 61,073 (denying LIPA’s request for preferential 48 SMUD refers to the fact that the CAISO, like entity with load external to the region allocation of long-term firm transmission rights in other ISOs/RTOs, uses nomination tiers to allocate makes an initial request to obtain long- PJM because LIPA did not take service from PJM long-term firm transmission rights. In each tier, a term firm transmission rights. That is, during the historical reference year, nor does it load serving entity is allowed to nominate a continue to pay the embedded cost of the PJM percentage of the total amount of transmission paragraph 80 serves only to establish the transmission system). The Commission notes, rights it is eligible to request. The ISO/RTO then initial priority for the allocation of long- however, that on Jan. 28, 2009, in Docket No. ER09– runs a simultaneous feasibility test on all term firm transmission rights to an 585–000, PJM filed tariff revisions that would allow nominated rights to determine the feasible set of external load serving entity that has not external load-serving entities, including holders of rights that it can award. Load serving entities firm withdrawal rights, to obtain long-term firm typically nominate their most highly-valued rights historically contributed to the transmission rights, provided certain conditions are in the first tier. See generally Cal. Indep. Sys. embedded costs of the transmission met. Operator Corp., 125 FERC ¶ 61,153 (2008).

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and cases interpreting Order No. 888, treat a customer outside its control area is not unduly discriminatory.55 For which SMUD argues require differently than it treats its own control example, to be eligible for an allocation transmission providers to offer service area load, that transmission owner preference, the transmission to all customers on a non-discriminatory would be engaging in blatantly organization may require a load serving basis.49 In addition, SMUD argues that discriminatory conduct. SMUD insists entity to demonstrate that it has a long- the Commission’s proposal to that the Commission’s interpretation of term power supply arrangement from a distinguish among load serving entities New England Power Pool leads to the historical point of receipt to a historical on the basis of control area is conclusion that transmission owners point of delivery, and that it will inconsistent with section 217 of the with OATTs could turn control of their continue to contribute to the embedded FPA. Specifically, SMUD asserts that facilities over to an ISO and then have cost of the transmission system for the allowing transmission organizations to the ISO discriminate against those same duration of the period for which the impose a prepayment obligation 50 on customers, customers still dependent on load serving entity intends to hold the external load serving entities is unduly their transmission, but now located long-term firm transmission right. Such discriminatory. outside the ISO’s control area. criteria would not be unduly 32. First, SMUD argues that the 33. Next, SMUD argues that the discriminatory if they are tailored to principle that a transmission provider Commission’s interpretation of New meet the transmission organization’s may place preconditions on a England Power Pool is an ‘‘unexplained legitimate need to verify entitlement to customer’s right to service based on departure’’ from its holding in Mid- allocation of the long-term rights, i.e., whether it is located inside or outside Continent Area Power Pool, 87 FERC that the external load serving entity of the transmission provider’s control ¶ 61,075 (1999) (MAPP). SMUD quotes intends to use these rights to serve its area ‘‘turns Order No. 888 on its MAPP: customers. If the transmission head.’’ 51 Citing the NOPR for Order No. organization allocates long-term firm 52 Order No. 888 requires that pool 890, SMUD asserts that the compliance tariffs provide service to transmission rights using a system of Commission has made clear that members and non-members alike. We stated stages or tiers, we would expect all transmission organizations covered by that members of a loose power pool, as well qualified load serving entities to be Order No. 681 must continue to offer as non-members, must have access to the placed in the same allocation stage or service as good as or superior to that same transmission services within that power tier without regard to whether its load offered under an Order No. 888 Open pool on a comparable basis and pay the same is internal or external to the region. Access Transmission Tariff (OATT). or a comparable rate for those services.54 36. In response to the assertion by SMUD states that under Order No. 888, SMUD argues that, just as transmission SMUD that the Commission’s a transmission provider is required to providers within a power pool cannot interpretation of New England Power provide customers non-discriminatory condition access to transmission service Pool is an unexplained departure from access to the grid equivalent to the on a customer’s willingness to join the precedent, we clarify that the citation to transmission service it provides itself.53 pool, it is unduly discriminatory to New England Power Pool in footnote 74 SMUD posits that if a transmission condition a transmission customer’s of Order No. 681–A was the result of an owner with a traditional OATT were to access to firm transmission service on inadvertent drafting error. Nevertheless, its location within a transmission we reiterate our determination that it is 49 SMUD Rehearing Request at 6–7 (referencing provider’s control area. not unduly discriminatory for a Promoting Wholesale Competition Through Open 34. Third, SMUD argues that, far from transmission organization to impose Access Non-Discriminatory Transmission Services by Public Utilities; Recovery of Stranded Costs by supporting the notion that customers reasonable, additional requirements on Public Utilities and Transmitting Utilities, Order outside the control area should be customers external to the transmission No. 888, FERC Stats. & Regs. ¶ 31,036 (1996), order treated differently, New England Power organization’s control area as a on reh’g, Order No. 888–A, FERC Stats. & Regs. Pool reaffirms the principle that precondition to receiving long-term firm ¶ 31,048, order on reh’g, Order No. 888–B, 81 FERC 56 ¶ 61,248 (1997), order on reh’g, Order No. 888–C, customers outside an ISO’s control area transmission rights. It is within the 82 FERC ¶ 61,046 (1998), aff’d in relevant part sub that are committed to contributing to the transmission organization’s purview to nom. Transmission Access Policy Study Group v. ISO’s fixed costs under a long-term firm create rules that aim to ensure equitable FERC, 225 F.3d 667 (D.C. Cir. 2000), aff’d sub nom. transmission agreement must be treated allocation/distribution of these New York v. FERC, 535 U.S. 1 (2002)). potentially valuable rights. 50 By ‘‘prepayment obligation,’’ SMUD refers to on a non-discriminatory basis and that the fact that the CAISO, for example, requires an they should not be given lower priority 37. However, in response to LIPA, we external load serving entity to agree in advance to based on their location outside the clarify that any differences in the pay a year’s worth of wheeling access charges to be transmission provider’s control area. attributes (e.g., length, renewal rights eligible for allocation of long-term firm transmission rights on the same basis as internal Commission Determination 55 See Regional Transmission Organizations, load serving entities. See MRTU Order, 116 FERC Order No. 2000–A, 65 FR 12,088 (2000), FERC Stats. ¶ 61,274 at P 706–15; MRTU Rehearing Order, 119 35. In response to the requests of LIPA & Regs. ¶ 31,092 at 31,385 (2000) (‘‘We do not agree FERC ¶ 61,076 at P 358 (discussing prepayment in and SMUD, we clarify that the with the premise of some of the petitioners who connection with short-term firm transmission transmission organization’s criteria for conclude that rate differences of any type [between rights, which may be converted to long-term rights); determining a load serving entity’s RTO participants and non-participants] would Cal. Indep. Sys. Operator Corp., 120 FERC ¶ 61,023 constitute undue discrimination.’’), aff’d sub nom., at P 266. eligibility to receive a preference in the Public Util. Dist. No. 1 of Snohomish, Wash. v. 51 SMUD Rehearing Request at 6. allocation of long-term firm FERC, 272 F.3d 607 (DC Cir. 2001). 52 Id. (citing Preventing Undue Discrimination transmission rights must not be unduly 56 See MRTU Order, 116 FERC ¶ 61,274 at P 766 and Preference in Transmission Service, Notice of discriminatory as between internal and (stating that external load and internal load are not Proposed Rulemaking, Docket Nos. RM05–17–000 external load serving entities. That is, similarly situated with respect to their reliance on and RM05–25–000, FERC Stats. & Regs. ¶ 32,603, at the transmission organization’s grid); MRTU P 100 (2006), order issuing final rule Order No. 890, the transmission organization may Rehearing Order, 119 FERC ¶ 61,076, at P 377 FERC Stats. & Regs. ¶ 31,241 (2007), order on reh’g, apply a variety of eligibility criteria that (2007) (requiring external load serving entities to Order No. 890-A, 73 FR 2984 (Jan. 16, 2008), FERC are appropriate for its region, as long as satisfy additional requirements to verify need for Stats. & Regs. ¶ 31,261 (2007), order on reh’g, Order long-term firm transmission rights does not violate No. 890–B, 73 FR 39,092 (July 8, 2008), 123 FERC it applies those criteria in a manner that Order No. 888 because external load serving entities ¶ 61,299 (2008)). are not denied transmission service and all 53 Id. (citing Order No. 888, FERC Stats. & Regs. 54 SMUD Rehearing Request at 7 (citing MAPP, 87 customers receive the same service under the ¶ 31,036 at 31,760). FERC ¶ 61,075 at 61,309–10). MRTU Tariff).

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and firmness of coverage) of long-term encouraged transmission organizations exempt long-term firm customers from firm transmission rights that are to explore methods to assist load serving those charges and charge actual or allocated among load serving entities entities and others to obtain a hedge for estimated system average losses. should not be based on whether a load marginal losses.63 Commission Determination serving entity is internal or external to 40. On rehearing, SMUD argues that, the transmission organization. in light of FPA requirements and 43. We deny SMUD’s request for Congress’ clear intent that ‘‘financially rehearing concerning marginal losses, 5. Marginal Losses firm’’ transmission service would primarily for the reasons discussed in 38. In Order No. 681, we concluded provide customers the equivalent of Order Nos. 681 and 681–A.64 First, as that section 217(b)(4) does not address firm physical rights, financial rights we explained in Order No. 681–A, the marginal loss charges.57 Noting that must include a hedge against marginal issue of hedging long-term marginal loss each transmission organization that losses. SMUD argues that the charges is distinct from the issue of operates an organized electricity market Commission contravened Order No. 888 hedging long-term marginal congestion has established methods for refunding and the plain language of the FPA by charges, and the language of section 217 marginal loss surpluses that reflect concluding that long-term firm of the FPA is silent regarding marginal regional preferences, which the transmission rights need only be similar losses.65 Commission has approved, we decided to the short-term transmission rights 44. We disagree with SMUD’s not to overturn those decisions in this now being offered by most transmission argument that the language of the statute proceeding.58 In Order No. 681–A, we organizations, and that long-term firm mandates a hedge against marginal upheld our statutory interpretation that transmission rights need not include a losses for long-term firm service section 217(b)(4) of the FPA does not hedge against marginal losses because customers. SMUD argues that the term address marginal loss charges.59 First, short-term rights do not include such a ‘‘firm service’’ in the statute denotes we explained that the issue of hedging hedge. SMUD argues that the physical transmission service, and long- long-term marginal loss charges is Commission’s conclusion that long-term term physical rights do not expose distinct from the issue of hedging rights should be similar to short-term customers to marginal losses, so neither marginal congestion charges. Congestion rights with respect to their lack of a should their financial counterparts.66 charges, we said, arise in part due to hedge against marginal losses has no However, SMUD ignores the fact that transmission constraints, and record, logical, or factual basis. transmission losses and congestion are transmission organizations allocate 41. According to SMUD, the purpose distinct features of transmission service. transmission rights to hedge these costs. of section 217(b)(4) of the FPA, reflected While physical rights customers may Marginal loss charges, we noted, are in the language of the statute, is to not have been exposed to marginal similar to congestion costs because they require transmission organizations to losses, they generally had contractual are a function of locational energy provide long-term firm service based on arrangements concerning responsibility prices and line loadings. However, financial rights that is equivalent to for losses on the transmission system. significantly, ‘‘the development of a long-term service based on ‘‘firm,’’ i.e., 45. We further object to SMUD’s financial instrument or other means for ‘‘physical’’ transmission rights. SMUD assertion that, in Order No. 681–A, the hedging of marginal losses has not been argues that, since, as a matter of Commission declared, without record, accomplished to date in any of the historical practice, long-term physical logical or factual basis, that long-term organized electricity markets.’’ 60 rights do not expose customers to firm transmission rights should have the 39. Next, we parsed the language of marginal losses, then neither should same characteristics as short-term rights. the statute and explained that the terms their financial rights counterparts. Rather, the Commission simply used in section 217(b)(4)—‘‘firm 42. SMUD reiterates its initial observed that it did not interpret EPAct transmission rights’’ and ‘‘equivalent comments in this proceeding, asserting 2005 as requiring transmission tradable or financial rights’’—‘‘are that marginal losses pose at least as big organizations to provide long-term firm consistent with terminology an uncertainty as congestion charges transmission rights that are traditionally used to discuss hedging of and, without hedges to insulate parties fundamentally different from the short- congestion, rather than marginal from the risks marginal loss exposure term rights they now offer.67 losses.’’ 61 We further explained that, creates, interregional trade will be Specifically, transmission organizations since we do not interpret EPAct 2005 as constrained. SMUD suggests that the with short-term rights do not provide requiring transmission organizations to Commission’s position is unsupported hedges for marginal losses, and EPAct provide long-term firm transmission because most transmission 2005 does not expressly require a hedge rights with properties that are organizations did not include marginal for marginal losses. fundamentally different from those of losses when they started their organized 46. Hedging marginal losses is more the short-term rights that they now offer, markets, and PJM only recently began complex than hedging congestion costs we do not interpret the statute as offering them, so the past cannot be a due to the variable nature of losses. requiring hedging of marginal losses. valid prologue for the future. SMUD While it is theoretically possible to We emphasized that our interpretation argues that relying on the possibility design a different type of firm of EPAct 2005 as not requiring hedging that transmission organizations may transmission right—an unbalanced firm of marginal losses does not preclude voluntarily offer hedges for marginal transmission right—to hedge against future market design changes that allow loss exposure is insufficient to ensure both congestion and marginal losses, hedging of losses.62 Significantly, we equivalence between financial and such designs are only in the physical rights-based firm service. experimental stage. No transmission 57 Order No. 681, FERC Stats. & Regs. ¶ 31,226 at SMUD states that on rehearing the P 478. Commission should require 64 Order No. 681, FERC Stats. & Regs. ¶ 31,226 at 58 Id. transmission organizations to either: (1) P 478; Order No. 681–A, 117 FERC ¶ 61,201 at P 59 Order No. 681–A, 117 FERC ¶ 61,201 at P 105– 105–06. 06. Offer long-term firm service customers a 65 Order No. 681–A, 117 FERC ¶ 61,201 at P 105– 60 Id. P 105. hedge against marginal losses; or (2) 06. 61 Id. P 106. 66 SMUD Rehearing Request at 12. 62 Id. 63 Id. 67 Order No. 681–A, 117 FERC ¶ 61,201 at P 106.

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organization has yet to implement a Hampshire Ave., Bldg. 22, rm. 1128, information leading to a criminal hedge for marginal losses. Accordingly, Silver Spring, MD 20993–0002, 301– proceeding or conviction related to the we decline to order hedging of marginal 796–0410. sale, purchase, or trade of a drug sample losses at this time. Nevertheless, we SUPPLEMENTARY INFORMATION: FDA is is changed to the White Oak campus. recognize that a marginal loss hedge amending its regulations in parts 1, 26, • In § 206.7(b)(1)(i), the address to could provide benefits to certain market 201, 203, 206, 310, 312, 314, 320, and request exemptions from imprinting participants. The Commission supports 600 (21 CFR parts 1, 26, 201, 203, 206, requirements for solid oral dosage form development of a marginal loss hedging 310, 312, 314, 320, and 600) to reflect drugs is updated to the Beltsville product if its design progresses beyond the following changes: (1) Names of Central Document Room. the theoretical level and it can be certain CDER organizational units; (2) a • In § 310.6(e), the address for developed cost-effectively. change of address for CDER’s Central interested parties to submit the names of 47. The Commission also denies Document Room in Beltsville, MD; and drug products, and of their SMUD’s request to exempt long-term (3) the relocation of certain CDER offices manufacturers or distributors, that firm transmission customers from to the White Oak campus in Silver should be subject to the same marginal losses and charge them actual Spring, MD. The addresses are locations purchasing and regulatory policies as or estimated system average losses. This to which applicants must submit those reviewed by the Drug Efficacy raises a market design issue that has information related to marketing Study Group is changed to the White implications beyond the design of long- applications or products regulated by Oak campus. term firm transmission rights and is CDER or from which the public can • In §§ 310.305(c) and 314.98(b), the more appropriately resolved by each request information. Where appropriate, address to submit postmarketing safety transmission organization on a case-by- Internet addresses for obtaining reports is updated to the Beltsville case basis. Moreover, since we find that information and forms are added and Central Document Room. (Note that EPAct 2005 does not address marginal outdated addresses are removed. applicants and any person other than losses, this request is beyond the scope The technical amendments made by the applicant whose name appears on of this rulemaking proceeding. this document are largely related to the label of an approved drug product as a manufacturer, packer, or distributor By the Commission. paper submissions; however, FDA is committed to adapting its business may also elect to submit postmarketing Kimberly D. Bose, practices to evolving technology, safety reports in electronic format.) Secretary. including using the significant • In §§ 310.305(d)(4) and 314.80(f)(4), [FR Doc. E9–6698 Filed 3–25–09; 8:45 am] advancements in Web-based, electronic the address to obtain reporting forms is BILLING CODE 6717–01–P systems. We anticipate that, in future updated to reflect Internet availability. rulemakings, Web-based filing of most • In §§ 310.501(e) and 310.515(d), the submissions will eventually be required. name and address to request labeling DEPARTMENT OF HEALTH AND We anticipate that when a change to an guidance for estrogen drug products are HUMAN SERVICES electronic submission system is updated to the Division of Reproductive implemented, we will provide guidance and Urologic Products and the White Food and Drug Administration to address any technical questions Oak campus. related to such submissions. • In § 312.140(b), mailing instructions 21 CFR Parts 1, 26, 201, 203, 206, 310, The technical amendments, reflected are updated to ensure submissions are 312, 314, 320, and 600 in the regulatory text of this final rule, addressed properly. • [Docket No. FDA–2009–N–0133] are as follows: In §§ 312.145(b) and 314.445(b), the • In § 1.101(d)(2)(ii), the address to CDER unit from which to request a list Change of Addresses and Names; submit notifications for products of CDER guidances is updated to the Technical Amendment regulated by CDER exported under Division of Drug Information. The section 802 of the Federal Food, Drug, address is updated to the White Oak AGENCY: Food and Drug Administration, and Cosmetic Act (21 U.S.C. 382) is campus, and an Internet address is HHS. changed to the White Oak campus. added to reflect the availability of the ACTION: Final rule; technical • In Appendix E to subpart A of part list on the Internet. amendment. 26, the contact information for CDER’s • In § 314.80(d)(2) and (f)(3)(ii), the Office of Compliance is updated to the CDER unit to contact regarding SUMMARY: The Food and Drug alternative reporting formats is updated Administration (FDA) is amending its White Oak campus. • In § 201.58, the address to submit to the Office of Surveillance and regulations to reflect a change of address requests for waivers of labeling Epidemiology. for the Center for Drug Evaluation and requirements is updated to the Beltsville • In § 314.81(b)(3)(i), the address to Research’s (CDER’s) Central Document Central Document Room. obtain Form FDA–2253 (Transmittal of Room in Beltsville, MD; the relocation • In § 203.12, the CDER address for Advertisements and Promotional of certain CDER offices to the White Oak notification of an appeal from an Labeling for Drugs for Human Use) is campus in Silver Spring, MD; and adverse decision regarding updated to reflect Internet availability. changes of the names of certain CDER reimportation of an insulin-containing • In § 314.200(a)(3), the address to organizational units. This action is or prescription drug by a district office request opinions of the applicability of editorial in nature and is intended to is changed to the White Oak campus. a notice of opportunity for a hearing ensure the accuracy and clarity of the • In § 203.37(e), the address to submit published in the Federal Register to a agency’s regulations. information regarding falsification of specific product that may be identical, DATES: This rule is effective March 26, drug sample records or loss or theft of related, or similar to a product listed in 2009. samples for prescription drugs and the notice is changed to the White Oak FOR FURTHER INFORMATION CONTACT: biological products regulated by CDER campus. Wendy Aaronson, Center for Drug is changed to the White Oak campus. • In § 314.440(a), an outdated address Evaluation and Research, Food and • In § 203.70(b)(1), the address to to submit applications, abbreviated Drug Administration, 10903 New apply for a reward for providing applications, and related

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correspondence is removed and in information, Drugs, Reporting and Authority: 21 U.S.C. 321, 331, 351, 352, § 314.440(a)(1), mailing instructions are recordkeeping requirements. 353, 355, 358, 360, 360b, 360gg–360ss, 371, updated to ensure submissions are 374, 379e; 42 U.S.C. 216, 241, 262, 264. 21 CFR Part 320 addressed properly and the address to § 201.58 [Amended] obtain folders for binding applications Drugs, Reporting and recordkeeping is updated to reflect information requirements. ■ 6. Section 201.58 is amended in the available at an Internet address. second sentence by removing ‘‘5600 • In § 320.30(c)(1), the name and 21 CFR Part 600 Fishers Lane, Rockville, MD 20857’’ and address to submit general inquiries Biologics, Reporting and by adding in its place ‘‘Central related to bioavailability requirements recordkeeping requirements. Document Room, 5901–B Ammendale Rd., Beltsville, MD 20705–1266’’. and methodology are updated to the ■ Therefore, under the Federal Food, Office of Clinical Pharmacology and the Drug, and Cosmetic Act and under PART 203—PRESCRIPTION DRUG White Oak campus. authority delegated to the Commissioner • In § 600.2(b)(1), the address for MARKETING of Food and Drugs, 21 CFR parts 1, 26, submitting biological product deviation 201, 203, 206, 310, 312, 314, 320, and ■ reports for biological products regulated 7. The authority citation for 21 CFR 600 are amended as follows: by CDER is changed to the White Oak part 203 continues to read as follows: campus. Authority: 21 U.S.C. 331, 333, 351, 352, • PART 1—GENERAL ENFORCEMENT In § 600.2(b)(3), the address for REGULATIONS 353, 360, 371, 374, 381. submitting advertising and promotional § 203.12 [Amended] labeling supplements required under ■ 1. The authority citation for 21 CFR § 600.12(f) is updated to the Beltsville part 1 continues to read as follows: ■ 8. Section 203.12 is amended by Central Document Room. removing ‘‘(HFD–300)’’ both times it Publication of this document Authority: 15 U.S.C. 1453, 1454, 1455; 19 appears; and by removing ‘‘5600 Fishers constitutes final action on these changes U.S.C. 1490, 1491; 21 U.S.C. 321, 331, 333, 334, 335a, 343, 350c, 350d, 352, 355, 360b, Lane, Rockville, MD 20857’’ both times under the Administrative Procedure Act 362, 371, 374, 381, 382, 393; 42 U.S.C. 216, it appears and adding in its place (5 U.S.C. 553). FDA has determined that 241, 243, 262, 264. ‘‘10903 New Hampshire Ave., Silver notice and public comment are Spring, MD 20993–0002’’. unnecessary because this amendment to § 1.101 [Amended] § 203.37 [Amended] the regulations provides only technical ■ 2. Section 1.101 is amended in changes to update names and addresses paragraph (d)(2)(ii) by removing ‘‘(HFD– ■ 9. Section 203.37 is amended in the of CDER organizational units. 310)’’; and by removing ‘‘5600 Fishers first sentence of paragraph (e) by List of Subjects Lane, Rockville, MD 20857’’ and adding removing ‘‘(HFD–330)’’; and by in its place ‘‘10903 New Hampshire removing ‘‘5600 Fishers Lane, Rockville, 21 CFR Part 1 Ave., Silver Spring, MD 20993–0002’’. MD 20857’’ and adding in its place Cosmetics, Drugs, Exports, Food ‘‘10903 New Hampshire Ave., Silver labeling, Imports, Labeling, Reporting PART 26—MUTUAL RECOGNITION OF Spring, MD 20993–0002’’. and recordkeeping requirements. PHARMACEUTICAL GOOD MANUFACTURING PRACTICE § 203.70 [Amended] 21 CFR Part 26 REPORTS, MEDICAL DEVICE QUALITY ■ 10. Section 203.70 is amended in Animal drugs, Biologics, Drugs, SYSTEM AUDIT REPORTS, AND paragraph (b)(1) by removing ‘‘(HFD– Exports, Imports. CERTAIN MEDICAL DEVICE PRODUCT 300)’’; and by removing ‘‘5600 Fishers 21 CFR Part 201 EVALUATION REPORTS: UNITED Lane, Rockville, MD 20857’’ and adding STATES AND THE EUROPEAN in its place ‘‘10903 New Hampshire Drugs, Labeling, Reporting and COMMUNITY Ave., Silver Spring, MD 20993–0002’’. recordkeeping requirements. 21 CFR Part 203 ■ 3. The authority citation for 21 CFR PART 206—IMPRINTING OF SOLID part 26 continues to read as follows: ORAL DOSAGE FORM DRUG Labeling, Prescription drugs, PRODUCTS FOR HUMAN USE Reporting and recordkeeping Authority: 5 U.S.C. 552; 15 U.S.C. 1453, requirements, Warehouses. 1454, 1455; 18 U.S.C. 1905; 21 U.S.C. 321, 331, 351, 352, 355, 360, 360b, 360c, 360d, ■ 11. The authority citation for 21 CFR 21 CFR Part 206 360e, 360f, 360g, 360h, 360i, 360j, 360l, part 206 continues to read as follows: Drugs. 360m, 371, 374, 381, 382, 383, 393; 42 U.S.C. Authority: 21 U.S.C. 321, 331, 351, 355, 216, 241, 242l, 262, 264, 265. 371; 42 U.S.C. 262. 21 CFR Part 310 ■ 4. Appendix E to subpart A of part 26 § 206.7 [Amended] Administrative practice and is amended under the heading ‘‘B. procedure, Drugs, Labeling, Medical Forthe United States:’’ in the entry for ■ 12. Section 206.7 is amended in devices, Reporting and recordkeeping ‘‘Human Drugs’’ by removing ‘‘(HFD– paragraph (b)(1)(i) by removing ‘‘5600 requirements. 300), 5600 Fishers Lane, Rockville, MD Fishers Lane, Rockville, MD 20857’’ and 20857, phone: 301–827–8910, fax: 301– by adding in its place ‘‘5901–B 21 CFR Part 312 827–8901’’ and by adding in its place Ammendale Rd., Beltsville, MD 20705– Drugs, Exports, Imports, ‘‘10903 New Hampshire Ave., Silver 1266’’. Investigations, Labeling, Medical Spring, MD 20993–0002, phone: 301– research, Reporting and recordkeeping 796–3100, fax: 301–847–8747’’. PART 310—NEW DRUGS requirements, Safety. PART 201—LABELING ■ 13. The authority citation for 21 CFR 21 CFR Part 314 part 310 continues to read as follows: Administrative practice and ■ 5. The authority citation for 21 CFR Authority: 21 U.S.C. 321, 331, 351, 352, procedure, Confidential business part 201 continues to read as follows: 353, 355, 360b–360f, 360j, 361(a), 371, 374,

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375, 379e; 42 U.S.C. 216, 241, 242(a), 262, Center and division’’ and by adding in removing ‘‘5600 Fishers Lane, Rockville, 263b–263n. its place ‘‘sent to the appropriate center MD 20857’’ and by adding in its place § 310.6 [Amended] at the address indicated in this section ‘‘5901–B Ammendale Rd., Beltsville, and marked to the attention of the MD 20705–1266’’. ■ 14. Section 310.6 is amended in the responsible division’’. first sentence of paragraph (e) by § 314.200 [Amended] removing ‘‘HFD–300, 5600 Fishers Lane, § 312.145 [Amended] ■ 25. Section 314.200 is amended in the Rockville, MD 20857’’ and by adding in ■ 20. Section 312.145 is amended in the its place ‘‘10903 New Hampshire Ave., second sentence of paragraph (a)(3) by third sentence of paragraph (b) by removing ‘‘(HFD–310)’’; and by Silver Spring, MD 20993–0002’’. removing ‘‘Division of Communications ■ 15. Section 310.305 is amended in removing ‘‘5600 Fishers Lane, Rockville, Management, Drug Information Branch MD 20857’’ and adding in its place paragraph (c) by removing ‘‘Division of (HFD–210)’’ and by adding in its place Pharmacovigilance and Epidemiology ‘‘10903 New Hampshire Ave., Silver ‘‘Division of Drug Information’’ and by Spring, MD 20993–0002’’. (HFD–730)’’ and by adding in its place removing ‘‘5600 Fishers Lane, Rockville, ‘‘Central Document Room’’; by removing MD 20857’’ and by adding in its place ■ 26. Section 314.440 is amended by ‘‘5600 Fishers Lane, Rockville, MD ‘‘10903 New Hampshire Ave., Silver revising paragraph (a) introductory text, 20857’’ and by adding in its place Spring, MD 20993–0002’’. and paragraph (a)(1) to read as follows: ‘‘5901–B Ammendale Rd., Beltsville, MD 20705–1266’’; and by revising PART 314—APPLICATIONS FOR FDA § 314.440 Addresses for applications and paragraph (d)(4) to read as follows: APPROVAL TO MARKET A NEW DRUG abbreviated applications. (a) Applicants shall send applications, § 310.305 Records and reports concerning ■ 21. The authority citation for 21 CFR abbreviated applications, and other adverse drug experiences on marketed part 314 continues to read as follows: prescription drugs for human use without correspondence relating to matters approved new drug applications. Authority: 21 U.S.C. 321, 331, 351, 352, covered by this part, except for products 353, 355, 356, 356a, 356b, 356c, 371, 374, * * * * * listed in paragraph (b) of this section, to 379e. the appropriate office identified below: (d) * * * ■ 22. Section 314.80 is amended as (4) FDA Form 3500A and instructions follows: (1) Except as provided in paragraph for completing the form are available on ■ a. In the second sentence of paragraph (a)(4) of this section, an application the Internet at http://www.fda.gov/ (d)(2), by removing ‘‘Division of under § 314.50 or § 314.54 submitted for medwatch/index.html. Pharmacovigilance and Epidemiology’’ filing should be directed to the Central * * * * * and by adding in its place ‘‘Office of Document Room, 5901–B Ammendale Rd., Beltsville, MD 20705–1266. § 310.501 [Amended] Surveillance and Epidemiology’’; and ■ b. By revising paragraphs (f)(3)(ii) and Applicants may obtain information ■ 16. Section 310.501 is amended in (f)(4) to read as follows: about folders for binding applications paragraph (e) by removing ‘‘Metabolism The revisions read as follows: on the Internet at http://www.fda.gov/ and Endocrine Drug Products (HFD– cder/ddms/binders.htm. After FDA has 510)’’ and by adding in its place § 314.80 Postmarketing reporting of filed the application, the agency will adverse drug experiences. ‘‘Reproductive and Urologic Products’’ inform the applicant which division is and by removing ‘‘5600 Fishers Lane, * * * * * responsible for the application. Rockville, MD 20857’’ and by adding in (f) * * * Amendments, supplements, its place ‘‘10903 New Hampshire Ave., (3) * * * (ii) The format is agreed to resubmissions, requests for waivers, and Silver Spring, MD 20993–0002’’. in advance by the Office of Surveillance other correspondence about an and Epidemiology. application that has been filed should § 310.515 [Amended] (4) FDA Form 3500A and instructions be addressed to 5901–B Ammendale ■ 17. Section 310.515 is amended in the for completing the form are available on Rd., Beltsville, MD 20705–1266, to the second sentence of paragraph (d) by the Internet at http://www.fda.gov/ attention of the appropriate division. medwatch/index.html. removing ‘‘Metabolism and Endocrine * * * * * Drug Products (HFD–510)’’ and by * * * * * adding in its place ‘‘Reproductive and ■ 23. Section 314.81 is amended by § 314.445 [Amended] revising the last sentence of paragraph Urologic Products’’ and by removing ■ 27. Section 314.445 is amended in the (b)(3)(i) to read as follows: ‘‘5600 Fishers Lane, Rockville, MD third sentence of paragraph (b) by 20857’’ and by adding in its place § 314.81 Other postmarketing reports. removing ‘‘Division of Communications ‘‘10903 New Hampshire Ave., Silver Management, Drug Information Branch Spring, MD 20993–0002’’. * * * * * (b) * * * (HFD–210)’’ and by adding in its place PART 312—INVESTIGATIONAL NEW (3) * * * ‘‘Division of Drug Information’’ and by DRUG APPLICATION (i) * * *Form FDA–2253 is available removing ‘‘5600 Fishers Lane, Rockville, on the Internet at http://www.fda.gov/ MD 20857’’ and by adding in its place ■ 18. The authority citation for 21 CFR opacom/morechoices/fdaforms/ ‘‘10903 New Hampshire Ave., Silver part 312 continues to read as follows: cder.html. Spring, MD 20993–0002’’. * * * * * Authority: 21 U.S.C. 321, 331, 351, 352, PART 320—BIOAVAILABILITY AND 353, 355, 356, 371, 381, 383, 393; 42 U.S.C. BIOEQUIVALENCE REQUIREMENTS 262. § 314.98 [Amended] ■ 24. Section 314.98 is amended in § 312.140 [Amended] paragraph (b) by removing ‘‘Division of ■ 28. The authority citation for 21 CFR ■ 19. Section 312.140 is amended in the Epidemiology and Surveillance (HFD– part 320 continues to read as follows: second sentence of paragraph (b) by 730)’’ and by adding in its place Authority: 21 U.S.C. 321, 351, 352, 355, removing ‘‘directed to the appropriate ‘‘Central Document Room’’ and by 371.

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§ 320.30 [Amended] DEPARTMENT OF HOMELAND United States Coast Guard (Coast Guard) and the Transportation Security ■ SECURITY 29. Section 320.30 is amended in Administration (TSA), published a joint paragraph (c)(1) by removing ‘‘and Coast Guard notice of proposed rulemaking entitled Biopharmaceutics (HFD–850), 5600 ‘‘Transportation Worker Identification Fishers Lane, Rockville, MD 20857’’ and 33 CFR Part 101 Credential (TWIC) Implementation in by adding in its place ‘‘, 10903 New [Docket Nos. TSA–2006–24191; USCG– the Maritime Sector; Hazardous Hampshire Ave., Silver Spring, MD 2006–24196] Materials Endorsement for a 20993–0002’’. Commercial Driver’s License’’ in the RIN 1652–AA41 Federal Register (71 FR 29396). This PART 600—BIOLOGICAL PRODUCTS: was followed by a 45-day comment Transportation Worker Identification GENERAL period and four public meetings. The Credential (TWIC) Implementation in Coast Guard and TSA issued a joint the Maritime Sector; Hazardous ■ 30. The authority citation for 21 CFR final rule, under the same title, on Materials Endorsement for a part 600 continues to read as follows: January 25, 2007 (72 FR 3492) Commercial Driver’s License (hereinafter referred to as the original Authority: 21 U.S.C. 321, 351, 352, 355, TWIC final rule). The preamble to that 360, 360i, 371, 374; 42 U.S.C. 216, 262, 263, AGENCY: Coast Guard, DHS. final rule contains a discussion of the 263a, 264, 300aa–25. ACTION: Final rule. provisions found in the original TWIC § 600.2 [Amended] SUMMARY: The Department of Homeland final rule, which became effective on Security (DHS) through the United March 26, 2007. ■ 31. Section 600.2 is amended as States Coast Guard (Coast Guard) issues On September 28, 2007, the Coast follows: this final rule to amend one provision Guard and TSA issued a joint final rule a. In paragraph (b)(1) by removing of its previously issued final rule. (72 FR 55043) that, among other things, ‘‘(HFD–330)’’; and by removing ‘‘5600 Specifically, the Coast Guard is revised the definition for ‘‘secure area’’ Fishers Lane, Rockville, MD 20857’’ and amending its definition of secure area to to account for facilities in the Commonwealth of the Northern Mariana adding in its place ‘‘10903 New take into account facilities in American Samoa, whose workers are not required Islands (the CNMI), as non-citizen Hampshire Ave., Silver Spring, MD workers at those facilities are not 20993–0002’’; and to be authorized to work in the United States under U.S. immigration law when required to have authorization to work b. In paragraph (b)(3) by removing working in American Samoa. in the United States under U.S. ‘‘(HFD–42)’’; and by removing ‘‘5600 DATES: This final rule is effective March immigration law before being allowed to Fishers Lane, rm. 8B45, Rockville, MD 26, 2009. work. On May 7, 2008, the Coast Guard and 20857’’ and adding in its place ‘‘5901– ADDRESSES: Comments and material TSA issued a joint final rule to realign B Ammendale Rd., Beltsville, MD received from the public, as well as 20705–1266’’. the compliance date for implementation documents mentioned in this preamble of the original TWIC final rule (see 73 Dated: March 20, 2009. as being available in the docket, are part FR 25562). The date by which mariners Jeffrey Shuren, of dockets TSA–2006–24191 and need to obtain a TWIC, and by which Associate Commissioner for Policy and USCG–2006–24196, and are available owners and operators of vessels and Planning. for inspection or copying at the Docket outer continental shelf facilities must Management Facility (M–30), U.S. [FR Doc. E9–6795 Filed 3–25–09; 8:45 am] implement access control procedures Department of Transportation, West BILLING CODE 4160–01–S using TWIC, is April 15, 2009. Owners Building Ground Floor, Room W12–140, and operators of facilities that must 1200 New Jersey Avenue, SE., comply with 33 CFR part 105 are subject Washington, DC 20590, between 9 a.m. DEPARTMENT OF HEALTH AND to earlier, rolling compliance dates, as and 5 p.m., Monday through Friday, HUMAN SERVICES set forth in 33 CFR 105.115(e). The except Federal holidays. You may also Coast Guard announced these rolling Food and Drug Administration find this docket on the Internet by going compliance dates via notices published to http://www.regulations.gov, selecting in the Federal Register. The final the Advanced Docket Search option on 21 CFR Part 558 compliance date for all COTP Zones is the right side of the screen, inserting not later than April 15, 2009. New Animal Drugs for Use in Animal TSA–2006–24191 or USCG–2006–24196 On September 30, 2008, the Coast Feeds in the Docket ID box, pressing Enter, Guard announced the compliance date and then clicking on the item in the for COTP Zone Honolulu would be CFR Correction Docket ID column. February 12, 2009 (73 FR 56730). On FOR FURTHER INFORMATION CONTACT: If February 12, 2009, the Coast Guard In title 21 of the Code of Federal you have questions on this rule, call announced the extension of that Regulations, part 558, revised as of LCDR Jonathan Maiorine, Coast Guard; compliance date, for the territory of April 1, 2008, on page 410, in § 558.58 telephone 1–877–687–2243. If you have American Samoa only, to April 14, (e)(1)(iii), the entry for Bambermycins 1 questions on viewing the docket, call 2009, due to the fact that a large to 3, in the column under ‘‘Limitations’’ Renee V. Wright, Program Manager, percentage of the maritime workforce is remove ‘‘057926’’ and in its place add Docket Operations, telephone 202–366– not native to the island, and does not ‘‘016592’’; in the column under 9826. need to be authorized to work in the ‘‘Sponsors’’, add ‘‘016592’’. SUPPLEMENTARY INFORMATION: United States under U.S. immigration law before being allowed to work in [FR Doc. E9–6810 Filed 3–25–09; 8:45 am] I. Regulatory History American Samoa. In that notice, the BILLING CODE 1505–01–D On May 22, 2006, the Department of Coast Guard stated that the extension Homeland Security (DHS), through the was being granted in order to allow time

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for the Coast Guard to consult with Note that these facilities must A. Regulatory Planning and Review TSA, DHS, and the Department of State, continue to implement their previously This rule is not a significant to determine whether there is an approved facility security plans, which regulatory action under section 3(f) of equivalent visa category that these include provisions for maintaining Executive Order 12866, Regulatory workers could use to qualify for a TWIC, access control. Vessels coming from Planning and Review, and does not or whether the TWIC requirement for American Samoa to any other port in require an assessment of potential costs facilities located in American Samoa the United States must continue to go and benefits under section 6(a)(3) of that should be reconsidered. This final rule through the same port state control Order. The Office of Management and is the result of those deliberations. screening required of a vessel coming Budget has not reviewed it under that II. Background and Purpose from a foreign country. Additionally, Order. We expect the economic impact workers provided unescorted access to A complete discussion of the of this rule to be minimal; therefore a facilities in American Samoa would not full economic evaluation is background and purpose of the original be eligible for unescorted access to any TWIC final rule may be found beginning unnecessary. other part 105 facility outside of This final rule effectively removes the at 72 FR 3494. This final rule is being American Samoa, nor would they be issued in order to make an amendment TWIC requirement for the majority of eligible for unescorted access to any part workers at facilities located in the to the original TWIC final rule that is 104 vessel, unless issued a TWIC. necessary to address the fact that non- territory of American Samoa, thus The rule also takes the opportunity to lessening the costs of the regulatory citizen workers on the island of correct a typographical error in the American Samoa do not meet the action for the owners of these facilities, definition of ‘‘secure area’’ that resulted immigration eligibility standards to and removing it entirely for those in an incorrect name of a U.S. territory, obtain a TWIC, but make up workers who will no longer be required by changing ‘‘the Commonwealth of approximately 87% of the maritime to purchase a TWIC. Northern Mariana Islands’’ to ‘‘the workers that would otherwise need a Commonwealth of the Northern Mariana B. Small Entities TWIC. As in the case of the CNMI, while Islands’’. Under the Regulatory Flexibility Act American Samoa is part of the United IV. Regulatory Requirements (5 U.S.C. 601–612), we have considered States, it is not currently included in the whether this rule would have a definition of ‘‘United States’’ for The Coast Guard has not published a significant economic impact on a purposes of the Immigration and notice of proposed rulemaking (NPRM) substantial number of small entities. Nationality Act (8 U.S.C. 110(a)(38)) for this final rule. Under 5 U.S.C. The term ‘‘small entities’’ comprises (Title VII of the Consolidated Natural 553(b)(B), the Coast Guard finds that small businesses, not-for-profit Resources Act of 2008, Pub. L. 110–229, good cause exists for not publishing an organizations that are independently will change this situation later this year NPRM, because providing opportunity owned and operated and are not with respect to the CNMI only by for public comment would be contrary dominant in their fields, and bringing the CNMI within U.S. to the public interest. The amendment governmental jurisdictions with immigration law). Therefore, the work in this final rule eases a requirement, by populations of less than 50,000. authorization of aliens in American removing it completely for an entire For the reasons stated above, we Samoa is a matter of territorial law only, class of individuals. This serves the expect this final rule to reduce TWIC- and the U.S. immigration statuses public interest by ensuring that after related compliance costs, particularly relevant to TWIC eligibility April 14, 2009, maritime businesses in with respect to the costs of providing determinations in U.S. jurisdictions the territory of American Samoa are able escorted access to secure areas, for subject to the Immigration and to continue operating without facilities located in American Samoa. Nationality Act do not apply there. significantly impacting the security risk Therefore, the Coast Guard certifies to the port area. Without this under 5 U.S.C. 605(b) that this final rule III. Discussion of Change amendment, these businesses would be will not have a significant economic On September 28, 2007, the Coast forced to escort the vast majority of their impact on a substantial number of small Guard and TSA issued a joint final rule personnel in secure areas, because 87% entities. (72 FR 55043) that, among other of the maritime workforce who would C. Assistance for Small Entities provisions, revised the definition for require a TWIC (without this ‘‘secure area’’ to account for facilities in amendment) cannot qualify for one. Under section 213(a) of the Small the CNMI, as workers at those facilities This would be unduly disruptive to Business Regulatory Enforcement are not required to have authorization to commerce in American Samoa and is Fairness Act of 1996 (Pub. L. 104–121), work in the United States under U.S. therefore contrary to the public interest. we want to assist small entities in immigration law before being allowed to For the same reasons, and because understanding the rule so that they work in the CNMI. this change is required before the April could better evaluate its effects on them Similar to the CNMI joint final rule, 14, 2009, TWIC compliance date, under and participate in the rulemaking. The this final rule amends the definition of 5 U.S.C. 553(d)(3), the Coast Guard finds Coast Guard will not retaliate against ‘‘secure area’’ in 33 CFR 101.105, to that good cause exists for making this small entities that question or complain state that facilities otherwise subject to rule effective less than 30 days after about this rule or any policy or action 33 CFR part 105 located in the territory publication in the Federal Register. of the Coast Guard. of American Samoa do not have secure Small businesses may send comments V. Regulatory Analyses areas for the purposes of the TWIC on the actions of Federal employees regulations. This action means that only We developed this rule after who enforce, or otherwise determine the facility security officer and facility considering numerous statutes and compliance with, Federal regulations to personnel whose primary employment executive orders related to rulemaking. the Small Business and Agriculture responsibility is security will be Below we summarize our analyses Regulatory Enforcement Ombudsman required to obtain a TWIC, per 33 CFR based on 13 of these statutes or and the Regional Small Business 105.205 and 105.210, respectively. executive orders. Regulatory Fairness Boards. The

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Ombudsman evaluates these actions with Indian Tribal Governments, concerning the training, qualifying, annually and rates each agency’s because it does not have a substantial licensing, and disciplining of maritime responsiveness to small business. If you direct effect on one or more Indian personnel. An environmental analysis wish to comment on actions by tribes, on the relationship between the checklist and a categorical exclusion employees of the Coast Guard, call 1– Federal Government and Indian tribes, determination are available in the 888–REG–FAIR (1–888–734–3247). or on the distribution of power and docket where indicated under responsibilities between the Federal ADDRESSES. D. Collection of Information Government and Indian tribes. This rule calls for no new collection List of Subjects in 33 CFR Part 101 K. Energy Effects of information under the Paperwork Harbors, Maritime security, Reporting Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under and recordkeeping requirements, 3520). Executive Order 13211, Actions Security measures, Vessels, Waterways. Concerning Regulations That ■ E. Federalism Significantly Affect Energy Supply, For the reasons discussed in the preamble, the Coast Guard amends 33 A rule has implications for federalism Distribution, or Use. We have CFR part 101 as follows: under Executive Order 13132, determined that it is not a ‘‘significant Federalism, if it has a substantial direct energy action’’ under that order because Title 33—Navigation and Navigable effect on State or local governments and it is not a ‘‘significant regulatory action’’ Waters under Executive Order 12866 and is not would either preempt State law or CHAPTER I—COAST GUARD impose a substantial direct cost of likely to have a significant adverse effect compliance on them. We have analyzed on the supply, distribution, or use of PART 101—MARITIME SECURITY: this rule under that Order and have energy. The Administrator of the Office GENERAL determined that it does not have of Information and Regulatory Affairs implications for federalism. has not designated it as a significant ■ 1. The authority citation for part 101 energy action. Therefore, it does not continues to read as follows: F. Unfunded Mandates Reform Act require a Statement of Energy Effects Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. The Unfunded Mandates Reform Act under Executive Order 13211. Chapter 701; 50 U.S.C. 191, 192; Executive of 1995 (2 U.S.C. 1531–1538) requires Order 12656, 3 CFR 1988 Comp., p. 585; 33 L. Technical Standards Federal agencies to assess the effects of CFR 1.05–1, 6.04–11, 6.14, 6.16, and 6.19; their discretionary regulatory actions. In The National Technology Transfer Department of Homeland Security Delegation particular, the Act addresses actions and Advancement Act (NTTAA) (15 No. 0170.1. that may result in the expenditure by a U.S.C. 272 note) directs agencies to use § 101.105 [Amended] State, local, or tribal government, in the voluntary consensus standards in their aggregate, or by the private sector of regulatory activities unless the agency ■ 2. In § 101.105, in the definition for $100,000,000 or more in any one year. provides Congress, through the Office of ‘‘secure area’’, remove the words Though this rule will not result in such Management and Budget, with an ‘‘Commonwealth of Northern Mariana an expenditure, we do discuss the explanation of why using these Islands’’ and add, in their place, the effects of this rule elsewhere in this standards would be inconsistent with words ‘‘Commonwealth of the Northern preamble. applicable law or otherwise impractical. Mariana Islands and American Samoa’’. Voluntary consensus standards are Dated: March 19, 2009. G. Taking of Private Property technical standards (e.g., specifications Brian M. Salerno, This rule will not effect a taking of of materials, performance, design, or Rear Admiral, U.S. Coast Guard, Assistant private property or otherwise have operation; test methods; sampling Commandant for Marine Safety, Security, and taking implications under Executive procedures; and related management Stewardship. Order 12630, Governmental Actions and systems practices) that are developed or [FR Doc. E9–6833 Filed 3–24–09; 11:15 am] Interference with Constitutionally adopted by voluntary consensus BILLING CODE 4910–15–P Protected Property Rights. standards bodies. This rule does not use technical H. Civil Justice Reform standards. Therefore, we did not DEPARTMENT OF HOMELAND This rule meets applicable standards consider the use of voluntary consensus SECURITY in sections 3(a) and 3(b)(2) of Executive standards. Order 12988, Civil Justice Reform, to Coast Guard M. Environment minimize litigation, eliminate ambiguity, and reduce burden. We have analyzed this rule under 33 CFR Part 117 Department of Homeland Security I. Protection of Children Management Directive 0023.1 and [USCG–2008–0069] Commandant Instruction M16475.lD, We have analyzed this rule under Drawbridge Operation Regulation; Gulf which guide the Coast Guard in Executive Order 13045, Protection of Intracoastal Waterway (Algiers complying with the National Children from Environmental Health Alternate Route), Belle Chasse, LA Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and AGENCY: Coast Guard, DHS. does not create an environmental risk to have concluded that this action is one ACTION: Notice of temporary deviation health or risk to safety that may of a category of actions which do not from regulations; request for comments. disproportionately affect children. individually or cumulatively have a significant effect on the human SUMMARY: The Commander, Eighth J. Indian Tribal Governments environment. This rule is categorically Coast Guard District, has issued a This rule does not have tribal excluded under section 2.B.2, figure 2– temporary deviation from the regulation implications under Executive Order 1, paragraph (34)(c) of the Instruction. governing the operation of the SR 23 13175, Consultation and Coordination This rule involves regulations bridge across the Gulf Intracoastal

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Waterway (Algiers Alternate Route), the specific section of this document to the passage of vessels in the afternoon mile 3.8, at Belle Chasse, Plaquemines which each comment applies, and give from 3:30 p.m. until 5:30 p.m. The Parish, Louisiana. This deviation will the reason for each comment. We request from Plaquemines Parish is to test a change to the drawbridge recommend that you include your name add an additional 90 minutes to the operation schedule to determine and a mailing address, an e-mail closure in the afternoon so that the draw whether a permanent change to the address, or a phone number in the body need not open for the passage of vessels schedule is needed. This test deviation of your document so that we can contact from 3:30 p.m. until 7 p.m. The will allow the draw to open on signal; you if we have questions regarding your Louisiana Department of Transportation except that, the draw need not be submission. You may submit your and Development has reviewed their opened for the passage of vessels from comments and material by electronic bridge tender logs and have estimated 6 a.m. to 8:30 a.m. and from 3:30 p.m. means, mail, fax, or delivery to the that the change in the schedule affects to 7 p.m. Monday through Friday, Docket Management Facility at the an average of two vessels. It should be except Federal holidays. address under ADDRESSES; but please noted that the vertical clearance of the DATES: This deviation is effective from submit your comments and material by bridge in the closed-to-navigation April 10, 2009 until May 11, 2009. only one means. If you submit them by position is 40 feet above mean high mail or delivery, submit them in an water in the closed-to-navigation ADDRESSES: You may submit comments unbound format, no larger than 81/2 by position so only vessels with vertical identified by Coast Guard docket 11 inches, suitable for copying and clearance requirements of more than 40 number USCG–2008–0069 to the Docket electronic filing. If you submit them by feet will be affected by the proposed Management Facility at the U.S. mail and would like to know that they change. Department of Transportation. To avoid reached the Facility, please enclose a This bridge currently opens on signal; duplication, please use only one of the stamped, self-addressed postcard or except that, from 6 a.m. to 8:30 a.m. and following methods: envelope. We will consider all from 3:30 p.m. to 5:30 p.m. Monday (1) Online: http:// comments and material received during through Friday, except Federal holidays, www.regulations.gov. the draw need not be opened for the (2) Mail: Docket Management Facility the comment period. We may change this proposed rule in view of them. passage of vessels. Plaquemines Parish (M–30), U.S. Department of has requested that the bridge remain Transportation, West Building Ground Viewing Comments and Documents closed an additional 90 minutes in the Floor, Room W12–140, 1200 New Jersey To view comments, as well as afternoon, until 7 p.m. in the evening to Avenue, SE., Washington, DC 20590– documents mentioned in this preamble minimize the delays to traffic caused by 0001. as being available in the docket, go to the opening of the bridge. A recent (3) Hand delivery: Room W12–140 on http://www.regulations.gov at any time, traffic study indicates that between 1500 the Ground Floor of the West Building, click on ‘‘Search for Dockets,’’ and enter and 2000 vehicles per hour cross the 1200 New Jersey Avenue, SE., the docket number for this rulemaking bridge during weekday afternoons. Washington, DC 20590, between 9 a.m. USCG–2008–0069 in the Docket ID box, When the bridge opens for the passage and 5 p.m., Monday through Friday, and click enter. You may also visit the of a vessel at 5:30 p.m., traffic may back except Federal holidays. The telephone Docket Management Facility in Room up for more than two miles. As SR 23 number is 202–366–9329. W12–140 on the ground floor of the is the main highway into and out of (4) Fax: 202–493–2251. DOT West Building, 1200 New Jersey Plaquemines Parish, the traffic backup FOR FURTHER INFORMATION CONTACT: If Avenue, SE., Washington, DC 20590, severely hampers the ability of you have questions on this proposed between 9 a.m. and 5 p.m., Monday emergency responders to transit in the rule, call David Frank, Bridge through Friday, except Federal holidays. area. Plaquemines Parish Office of Administration Branch, telephone (504) Emergency Management has indicated 671–2128. If you have questions on Privacy Act that the increase in times in the viewing or submitting material to the Anyone can search the electronic afternoon will allow for most of the docket, call Renee V. Wright, Program form of all comments received into any traffic to clear out of the area. They Manager, Docket Operations, telephone of our dockets by the name of the believe that the request will only cause 202–366–9826. individual submitting the comment (or a minor increase in delays for vessels SUPPLEMENTARY INFORMATION: signing the comment, if submitted on wishing to use the area. An alternate behalf of an association, business, labor route via the Harvey Canal is available Public Participation and Request for union, etc.). You may review the for vessels with vertical clearances of Comments Department of Transportation’s Privacy greater than 40 feet if they do not wish We encourage you to participate in Act Statement in the Federal Register to be delayed. this rulemaking by submitting published on April 11, 2000 (65 FR During this test deviation, a count of comments and related materials. All 19477), or you may visit http:// the delayed vessels during the closure comments received will be posted, DocketsInfo.dot.gov. periods will be taken to ensure a future without change, to http:// regulation will not have a significant Background and Purpose www.regulations.gov and will include impact on navigation. This test any personal information you have Plaquemines Parish has requested that deviation has been coordinated with the provided. We have an agreement with a regulation regarding the operation of main commercial waterway user group the Department of Transportation (DOT) the SR 23 bridge across the Gulf that has vessels transiting in this area, to use the Docket Management Facility. Intracoastal Waterway (Algiers Alternate and currently there is no expectation of Please see DOT’s ‘‘Privacy Act’’ Route), mile 3.8, at Belle Chasse, any significant impacts on navigation. paragraph below. Plaquemines Parish, Louisiana to allow The deviation period will be from for the bridge to remain in the closed- April 10, 2009 until May 11, 2009, and Submitting Comments to-navigation for an additional 90 the operating schedule is, the draw shall If you submit a comment, please minutes in the afternoon to facilitate the open on signal; except that, the draw include the docket number for this movement of vehicular traffic. need not be opened from 6 a.m. to 8:30 rulemaking USCG–2008–0069, indicate Presently, the draw need not open for a.m., and from 3:30 p.m. to 7 p.m.,

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Monday through Friday except Federal (1) Navy Pier Private Party; on April On March 7, 2007, and on January 8, holidays. 4, 2009, from 7:30 p.m. through 8:30 2009, revisions of the transportation A Notice of Proposed Rule Making, p.m. conformity criteria and procedures USCG–2008–1158, is being issued in (2) Navy Pier Private Party; on April related to interagency consultation and conjunction with this Temporary 11, 2009, from 7:30 p.m. through 8:30 enforceability of certain transportation- Deviation to obtain public comments. p.m. related control measures and mitigation The Notice of Proposed Rule Making All vessels must obtain permission measures were submitted to EPA for will be in effect for two months from from the Captain of the Port or approval by the state of Alabama. The March 26, 2009 until May 26, 2009. The designated representative to enter, move intended effect is to update the Coast Guard will evaluate public within, or exit the safety zone. Vessels transportation conformity criteria and comments from this Temporary and persons granted permission to enter procedures in the Alabama SIP. Deviation and the above referenced the safety zone shall obey all lawful DATES: This direct final rule is effective Notice of Proposed Rule Making to orders or directions of the Captain of the May 26, 2009 without further notice, determine if a permanent change to the Port or designated representative. While unless EPA receives adverse comment drawbridge operating regulation at 33 within the safety zone, all vessels shall by April 27, 2009 If EPA receives such CFR 117.451(b) is warranted. operate at the minimum speed comments, it will publish a timely In accordance with 33 CFR 117.35(e), necessary to maintain a safe course. withdrawal of the direct final rule in the the drawbridge must return to its regular This notice is issued under authority Federal Register and inform the public operating schedule immediately at the of 33 CFR 165.931, Safety Zone, Navy that the rule will not take effect. end of the designated time period. This Pier Southeast, Chicago Harbor, ADDRESSES: Submit your comments, deviation from the operating regulations Chicago, IL (72 FR 32520, Jun. 13, 2007), identified by Docket ID No. EPA–R04– is authorized under 33 CFR 117.35. and 5 U.S.C. 552(a). In addition to this OAR–2007–0359, by one of the notice in the Federal Register, the Coast Dated: March 9, 2009. following methods: Guard will provide the maritime (a) http://www.regulations.gov: David M. Frank, community with advance notification of Bridge Administrator. Follow the on-line instructions for these enforcement periods via broadcast submitting comments. [FR Doc. E9–6689 Filed 3–25–09; 8:45 am] Notice to Mariners and Local Notice to (b) E-mail: [email protected]. BILLING CODE 4910–15–P Mariners. (c) Fax: (404) 562–9019. The Captain of the Port will issue a (d) Mail: ‘‘EPA–R04–OAR–2007– Broadcast Notice to Mariners notifying 0359,’’ Air Quality Modeling and DEPARTMENT OF HOMELAND the public when enforcement of the SECURITY Transportation Section, Air Planning safety zone established by this section is Branch, Air, Pesticides and Toxics suspended. The Captain of the Port may Coast Guard Management Division, U.S. be contacted via U.S. Coast Guard Environmental Protection Agency, Sector Lake Michigan on channel 16, 33 CFR Part 165 Region 4, 61 Forsyth Street, SW., VHF–FM. Atlanta, Georgia 30303–8960. Dated: March 9, 2009. (e) Hand Delivery or Courier: [Docket No. USCG–2009–0144] Bruce C. Jones, Amanetta Wood, Air Quality Modeling Safety Zone; Chicago Harbor, Navy Captain, U.S. Coast Guard, Captain of the and Transportation Section, Air Pier Southeast, Chicago, IL Port Lake Michigan. Planning Branch, Air, Pesticides and [FR Doc. E9–6809 Filed 3–25–09; 8:45 am] Toxics Management Division, U.S. AGENCY : Coast Guard, DHS. BILLING CODE 4910–15–P Environmental Protection Agency, ACTION: Notice of enforcement. Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such SUMMARY: The Coast Guard will enforce ENVIRONMENTAL PROTECTION deliveries are only accepted during the the Navy Pier Southeast Safety Zone in AGENCY Regional Office’s normal hours of Chicago Harbor in April 2009. This operation. The Regional Office’s official action is necessary to protect vessels 40 CFR Part 52 hours of business are Monday through and people from the hazards associated Friday, 8:30 to 4:30, excluding Federal with fireworks displays. This safety [EPA–R04–OAR–2007–0359–200823(a); holidays. FRL8781–7] zone will restrict vessel traffic from a Instructions: Direct your comments to portion of the Captain of the Port Lake Approval and Promulgation of Docket ID No. ‘‘EPA–R04–OAR–2007– Michigan Zone. Implementation Plans; Revisions to the 0359.’’ EPA’s policy is that all comments received will be included in DATES: The regulations in 33 CFR Alabama State Implementation Plan; 165.931 will be enforced from 7:30 p.m. Birmingham and Jackson Counties the public docket without change and through 8:30 p.m. on April 4, 2009, and may be made available online at from 7:30 p.m. through 8:30 p.m. on AGENCY: Environmental Protection http://www.regulations.gov, including April 11, 2009. Agency (EPA). any personal information provided, ACTION: Direct final rule. unless the comment includes FOR FURTHER INFORMATION CONTACT: information claimed to be Confidential LCDR Bannan, Prevention Department, SUMMARY: EPA is taking direct final Business Information (CBI) or other Coast Guard Sector Lake Michigan, action to approve revisions to the information whose disclosure is Milwaukee, WI, at (414) 747–7154. Alabama State Implementation Plan restricted by statute. Do not submit SUPPLEMENTARY INFORMATION: The Coast (SIP) for two separate areas: through http://www.regulations.gov or Guard will enforce the Safety Zone, Birmingham nonattainment area and e-mail, information that you consider to Navy Pier Southeast, Chicago Harbor, Jackson County nonattainment area for be CBI or otherwise protected. The Chicago, IL, 33 CFR 165.931, for the both the 8-hour ozone and the PM2.5 http://www.regulations.gov Web site is following events: National Ambient Air Quality Standard. an ‘‘anonymous access’’ system, which

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means EPA will not know your identity Table of Contents when they exist, must be fulfilled); and or contact information unless you I. Transportation Conformity 40 CFR 93.125(c) (which addresses provide it in the body of your comment. II. Background for This Action written commitments to mitigation If you send an e-mail comment directly A. Federal Requirements measures that must be obtained prior to to EPA without going through http:// B. Birmingham Conformity SIP a project-level conformity www.regulations.gov, your e-mail C. Jackson County Conformity SIP determination, and the requirement that III. State Submittal and EPA Evaluation address will be automatically captured IV. Public Comment and Final Action project sponsors must comply with such and included as part of the comment V. Statutory and Executive Order Reviews commitments, when they exist). that is placed in the public docket and On August 10, 2005, the ‘‘Safe, made available on the Internet. If you I. Transportation Conformity Accountable, Flexible, Efficient submit an electronic comment, EPA Transportation conformity is required Transportation Equity Act: A Legacy for recommends that you include your under section 176(c) of the Clean Air Users’’ (SAFETEA–LU) was signed into name and other contact information in Act (‘‘CAA’’ or ‘‘Act’’) to ensure that law. SAFETEA–LU revised section the body of your comment and with any federally supported highway, transit 176(c) of the CAA’s transportation disk or CD–ROM you submit. If EPA projects, and other activities are conformity provisions. One of the cannot read your comment due to consistent with (‘‘conform to’’) the changes streamlined the requirements technical difficulties and cannot contact purpose of the SIP. Conformity for conformity SIPs. Under SAFETEA– you for clarification, EPA may not be currently applies to areas that are LU, states are now required to address able to consider your comment. designated nonattainment and to areas and tailor only the following three Electronic files should avoid the use of that have been redesignated to sections of the Conformity Rule in their special characters, any form of attainment after 1990 (maintenance conformity SIPs: 40 CFR 93.105, 40 CFR encryption, and be free of any defects or areas) with plans developed under 93.122(a)(4)(ii), and 40 CFR 93.125(c). In viruses. For additional information section 175A of the Act, for the general, states are no longer required to about EPA’s public docket visit the EPA following transportation related criteria submit conformity SIP revisions that Docket Center homepage at http:// pollutants: ozone, particulate matter address the other sections of the www.epa.gov/epahome/dockets.htm. (e.g., PM2.5 and PM10), carbon Conformity Rule. These changes took effect on August 10, 2005, when Docket: All documents in the monoxide (CO), and nitrogen dioxide SAFETEA–LU was signed into law. electronic docket are listed in the (NO10). http://www.regulations.gov index. Conformity to the purpose of the SIP B. Birmingham Conformity SIP means that transportation activities will Although listed in the index, some Effective June 15, 2004, EPA not cause new air quality violations, information is not publicly available, designated the entire counties of worsen existing violations, or delay i.e., CBI or other information whose Jefferson and Shelby in the Birmingham, timely attainment of the relevant criteria disclosure is restricted by statute. Alabama Area, as nonattainment for the pollutants, also known as national Certain other material, such as 1997 8-hour ozone standard. On May ambient air quality standards (NAAQS). copyrighted material, is not placed on 12, 2006, EPA redesignated the 1997 8- The transportation conformity the Internet and will be publicly hour ozone Birmingham Nonattainment regulation is found in 40 CFR Part 93 available only in hard copy form. Area to attainment for the 1997 8-hour and provisions related to conformity Publicly available docket materials are ozone NAAQS (71 FR 27631). Effective available either electronically in http:// SIPs are found in 40 CFR 51.390. April 5, 2005, EPA designated the entire www.regulations.gov or in hard copy at II. Background for This Action counties of Jefferson and Shelby, and a the Air Quality Modeling and portion of the county of Walker in the A. Federal Requirements Transportation Section, Air Planning Birmingham Area, as nonattainment for Branch, Air, Pesticides and Toxics EPA promulgated the Federal the PM2.5 standard. The current Management Division, U.S. transportation conformity criteria and designation status of the Birmingham Environmental Protection Agency, procedures (‘‘Conformity Rule’’) on PM2.5 Area is nonattainment. For Region 4, 61 Forsyth Street, SW., November 24, 1993 (58 FR 62188). further information, see 40 CFR 81 for Atlanta, Georgia 30303–8960. EPA Among other elements, the rule required Birmingham, Alabama air quality requests that if at all possible, you states to address all provisions of the planning areas and designations. contact the person listed in the FOR Conformity Rule in their SIPs, The Birmingham Metropolitan FURTHER INFORMATION CONTACT section to frequently referred to as ‘‘conformity Planning Organization (BMPO) is the schedule your inspection. The Regional SIPs’’. Under 40 CFR 51.390, most MPO for the entire Birmingham 1997 8- Office’s official hours of business are sections of the Conformity Rule were hour ozone Area, and for most of the Monday through Friday, 8:30 to 4:30, required to be incorporated into the SIP Birmingham PM2.5 Area. BMPO’s excluding federal holidays. verbatim. States were also allowed to planning boundary includes Jefferson FOR FURTHER INFORMATION CONTACT: tailor all or portions of the following and Shelby Counties in Alabama. The Amanetta Wood, Air Quality Modeling three sections of the Conformity Rule to portion of Walker County, Alabama that and Transportation Section, Air meet their states’ individual is designated nonattainment as part of Planning Branch, Air, Pesticides and circumstances: 40 CFR 93.105 (which the Birmingham PM2.5 Nonattainment Toxics Management Division, U.S. addresses consultation procedures); 40 Area is not within the BMPO planning Environmental Protection Agency, CFR 93.122(a)(4)(ii) (which addresses boundary, and thus is considered a Region 4, 61 Forsyth Street, SW., written commitments to control ‘‘donut’’ area for the purposes of Atlanta, Georgia 30303–8960. Ms. measures that are not included in a implementing transportation conformity Wood’s telephone number is 404–562– metropolitan planning organization’s in this area. Per the Transportation 9025. She can also be reached via (MPO’s) transportation plan and Conformity Rule, the MPO’s conformity electronic mail at transportation improvement program determination is not complete without a [email protected]. that must be obtained prior to a regional analysis that considers the conformity determination, and the projects in the MPO area as well as the SUPPLEMENTARY INFORMATION: requirement that such commitments, donut areas that are within the

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nonattainment/maintenance area. For coordinates with the Alabama As a first step, the State worked with the the purposes of implementing 8-hour Department of Transportation for travel- existing transportation planning ozone and PM2.5 conformity, BMPO related information for Walker and organization’s interagency committee serves as the lead agency for the Catoosa that are included in the PM2.5 that included representatives from: preparation, consultation, and Nonattainment Area. ADEM; the Alabama Department of distribution of the conformity As a newly designated nonattainment Transportation (DOT); the Birmingham determinations. BMPO coordinates with area, the portion of Jackson County, Regional Planning Commission (BRPC); the Alabama Department of Alabama that is a part of the Tri-state Birmingham Metropolitan Planning Transportation for travel-related Chattanooga PM2.5 Area does not have Organization, Federal Highway information for the portion of Walker a previous conformity SIP. The State of Administration—Alabama Division; County that is included in the PM2.5 Tennessee and the State of Georgia will Federal Transit Administration; Nonattainment Area. establish conformity procedures for Jefferson County Department of Health The Birmingham area has previously Hamilton County in Tennessee, and (JCDH); Jefferson County Transit established a transportation conformity portions of Walker and Catoosa Authority (B–JCTA); and EPA. The SIP. In 2002, EPA approved the State of Counties in Georgia for their respective interagency committee met regularly Alabama’s SIP revision which states in their individual conformity and drafted the consultation rules incorporated by reference 40 CFR part SIPs. The SIP revision at issue now considering elements in 40 CFR 93.105, 93, subpart A (67 FR 50808), as well as includes the conformity procedures for 93.122(a)(4)(ii), and 93.125(c), and rules consistent with 40 CFR 93.105, the portion of Jackson County, Alabama integrated the local procedures and 93.122 (a)(4)(ii), and 93.125(c) for the that is included as part of the Tri-state processes into the consultation MOA. Birmingham area. In addition, the Chattanooga PM2.5 Area. The consultation process developed in Birmingham area had established a III. State Submittal and EPA Evaluation this MOA is for the State of Alabama. Memorandum of Agreement (MOA) for The MOA is enforceable against the On March 7, 2007, the State of implementing the conformity Criteria parties by their consent in the MOA to Alabama, through the Alabama and Consultation Procedure. The new allow the Attorney General for the State Department of Environmental conformity SIP (the subject of this of Alabama to sue any or all of the Management (ADEM), submitted the rulemaking) has removed any agencies for specific performance or State’s transportation conformity and incorporation by reference and has other relief on behalf of the citizens of consultation interagency Memorandum revised the MOA to be consistent with Alabama. On January 4, 2007, ADEM of Agreement (MOA) to EPA as a the SAFETEA–LU revisions to the CAA held a public hearing for the revision to the SIP, addressing the 8- (Pub. L. 109–59) and subsequent transportation conformity MOA and hour ozone maintenance area and the regulations published on January 24, rulemaking. The final MOA was issued 2008 (73 FR 4420). PM2.5 Nonattainment Area. The Alabama transportation conformity by Alabama on April 3, 2007, and C. Jackson County Conformity SIP MOA establishes procedures for subsequently submitted to EPA as a SIP Effective April 5, 2005, EPA interagency consultation and supersedes revision. On October 8, 2008, ADEM designated Hamilton County in the April 3, 2003, incorporation into the held a public hearing for a second Tennessee, and portions of Walker and SIP of Chapter 335–3–17 (which revision to the transportation Catoosa Counties in Georgia, and a included previous procedures for conformity rulemaking. The final portion of Jackson County, Alabama in interagency consultation). Alabama rulemaking package for the second the Tri-state Chattanooga Area, as Administrative Code (AAC) Chapter revision was issued by Alabama on nonattainment for the PM2.5 standard. 335–3–17 incorporated EPA regulations December 12, 2008, and subsequently The current designation status of the found in 40 CFR Part 93, Subpart A submitted to EPA as a SIP revision. Tri-state Chattanooga PM2.5 Area is (July 1, 1997), and 62 FR 43780 (August EPA has evaluated this SIP revision nonattainment (including the portion of 15, 1997), by reference and originally and has determined that the State has Jackson County, Alabama). Thus, this only applied to the 1997 8-hour ozone met the requirements of federal area also has to meet transportation Birmingham Nonattainment Area. The transportation conformity rules as conformity requirements. revision to Chapter 335–3–17 that EPA described in 40 CFR part 51, subpart T The Chattanooga Transportation is approving now no longer incorporates and 40 CFR part 93, subpart A. ADEM Planning Organization (CHCNGA TPO) the federal transportation conformity has satisfied the public participation is the MPO for most of the Tri-state rules by reference, but still includes all and comprehensive interagency Chattanooga PM2.5 Area. CHCNGA the minimum requirements of the consultation requirement during TPO’s planning boundary includes federal rules. In addition, consistent development and adoption of the MOA Hamilton County in Tennessee, and with ADEM’s SIP submittal, AAC at the local level. Therefore, EPA is Walker and Catoosa Counties in Chapter 335–3–17 will now apply to all approving the revision to the Alabama Georgia. Portions of Walker and Catoosa nonattainment and maintenance areas SIP, as well as AAC Chapters 335–3–17– Counties in Georgia, and Jackson in Alabama. .01 and .02, ‘‘Conformity of Federal County, Alabama, are not within the On January 8, 2009, the State of Actions to State Implementation Plans.’’ CHCNGA TPO planning boundary, and Alabama, through ADEM, submitted a EPA’s rules requires the states to thus are considered ‘‘donut’’ areas for SIP revision to the March 2007 Alabama develop their own processes and the purposes of implementing Administrative Code (AAC) Chapter procedures for interagency consultation transportation conformity in this area. 335–3–17–.01. This action addresses the among the Federal, state, and local CHCNGA TPO coordinates with the March 7, 2007 as well as the January 8, agencies and resolution of conflicts Alabama Department of Transportation 2009, submission. meeting the criteria in 40 CFR 93.105. for travel-related information for the The State of Alabama developed its The SIP revision must include processes portion of Jackson County that is consultation rule (AAC Chapter 335–3– and procedures to be followed by the included in the PM2.5 Nonattainment 17) based on the elements contained in MPO, state DOT, and U.S. Department Area. Additionally, the Georgia 40 CFR 93.105, 93.122(a)(4)(ii), and of Transportation in consulting with the Department of Transportation 93.125(c) and included it in the MOA. state and local air quality agencies and

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EPA before making conformity comments. However, in the proposed • Is not a significant regulatory action determinations. The transportation rules section of this Federal Register subject to Executive Order 13211 (66 FR conformity SIP revision must also publication, EPA is publishing a 28355, May 22, 2001); include processes and procedures for separate document that will serve as the • Is not subject to requirements of the state and local air quality agencies proposal to approve the SIP revision Section 12(d) of the National and EPA to coordinate the development should adverse comments be filed. This Technology Transfer and Advancement of applicable SIPs with MPOs, state rule will be effective May 26, 2009 Act of 1995 (15 U.S.C. 272 note) because DOTs, and the U.S. Department of without further notice unless the application of those requirements would Transportation. Agency receives adverse comments by be inconsistent with the CAA; and EPA has reviewed the submittal to April 27, 2009. • Does not provide EPA with the ensure consistency with the CAA as If EPA receives such comments, then discretionary authority to address, as amended by SAFETEA–LU and EPA EPA will publish a document appropriate, disproportionate human regulations (40 CFR part 93 and 40 CFR withdrawing the final rule and health or environmental effects, using 51.390) governing state procedures for informing the public that the rule will practicable and legally permissible transportation conformity and not take effect. All public comments methods, under Executive Order 12898 interagency consultation and have received will then be addressed in a (59 FR 7629, February 16, 1994). concluded that the submittal is subsequent final rule based on the In addition, this rule does not have approvable. Details of our review are set proposed rule. EPA will not institute a tribal implications as specified by forth in a technical support document second comment period. Parties Executive Order 13175 (65 FR 67249, (TSD), which has been included in the interested in commenting should do so November 9, 2000), because the SIP is docket for this action. Specifically, in at this time. If no such comments are not approved to apply in Indian country the TSD, we identify how the submitted received, the public is advised that this located in the state, and EPA notes that procedures satisfy our requirements rule will be effective on May 26, 2009 it will not impose substantial direct under 40 CFR 93.105 for interagency and no further action will be taken on costs on tribal governments or preempt consultation with respect to the the proposed rule. tribal law. development of transportation plans The Congressional Review Act, 5 and programs, SIPs, and conformity V. Statutory and Executive Order U.S.C. 801 et seq., as added by the Small determinations, the resolution of Reviews Business Regulatory Enforcement conflicts, and the provision of adequate Under the CAA, the Administrator is Fairness Act of 1996, generally provides public consultation, and our required to approve a SIP submission that before a rule may take effect, the requirements under 40 CFR that complies with the provisions of the agency promulgating the rule must 93.122(a)(4)(ii) and 93.125(c) for Act and applicable Federal regulations. submit a rule report, which includes a enforceability of control measures and 42 U.S.C. 7410(k); 40 CFR 52.02(a). copy of the rule, to each House of the mitigation measures. Thus, in reviewing SIP submissions, Congress and to the Comptroller General of the United States. EPA will submit a IV. Public Comment and Final Action EPA’s role is to approve state choices, provided that they meet the criteria of report containing this action and other For the reasons set forth above, EPA the CAA. Accordingly, this action required information to the U.S. Senate, is taking action under section 110 of the merely approves state law as meeting the U.S. House of Representatives, and Act to approve the MOA implementing Federal requirements and does not the Comptroller General of the United the conformity criteria and consultation impose additional requirements beyond States prior to publication of the rule in procedures revision to the Alabama SIP those imposed by state law. For that the Federal Register. A major rule pursuant to the CAA, as a revision to the reason, this action: cannot take effect until 60 days after it Alabama SIP. As a result of this action, • Is not a ‘‘significant regulatory is published in the Federal Register. the Birmingham area’s previously SIP- action’’ subject to review by the Office This action is not a ‘‘major rule’’ as approved conformity procedures for the of Management and Budget under defined by 5 U.S.C. 804(2). Birmingham area (79 FR 7487, April 23, Executive Order 12866 (58 FR 51735, Under section 307(b)(1) of the CAA, 2003) will be replaced by the October 4, 1993); petitions for judicial review of this procedures adopted by State of Alabama • Does not impose an information action must be filed in the United States on February 23, 2007, and December 12, collection burden under the provisions Court of Appeals for the appropriate 2008, submitted to EPA on March 7, of the Paperwork Reduction Act (44 circuit by May 26, 2009. Filing a 2007, and January 8, 2009, for approval, U.S.C. 3501 et seq.); petition for reconsideration by the and now being approved into the SIP. • Is certified as not having a Administrator of this final rule does not This action also establishes consultation significant economic impact on a affect the finality of this action for the procedures for the portion of Jackson substantial number of small entities purposes of judicial review nor does it County designated nonattainment, under the Regulatory Flexibility Act (5 extend the time within which a petition adopted by the State of Alabama on U.S.C. 601 et seq.); for judicial review may be filed, and February 23, 2007, and December 12, • Does not contain any unfunded shall not postpone the effectiveness of 2008, and submitted to EPA on March mandate or significantly or uniquely such rule or action. Parties with 7, 2007, and January 8, 2009, for affect small governments, as described objections to this direct final rule are approval. Additionally, this action will in the Unfunded Mandates Reform Act encouraged to file a comment in approve the revision of Chapter 335–3– of 1995 (Pub. L. 104–4); response to the parallel notice of 1–.14 and the addition of Chapter 335– • Does not have Federalism proposed rulemaking for this action 3–1–.16, in order to fulfill the emission implications as specified in Executive published in the proposed rules section reporting requirements under 40 CFR Order 13132 (64 FR 43255, August 10, of today’s Federal Register; rather than 51.125. 1999); file an immediate petition for judicial EPA is publishing this rule without • Is not an economically significant review of this direct final rule, so that prior proposal because the Agency regulatory action based on health or EPA can withdraw this direct final rule views this as a noncontroversial safety risks subject to Executive Order and address the comment in the submittal and anticipates no adverse 13045 (62 FR 19885, April 23, 1997); proposed rulemaking. This action may

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not be challenged later in proceedings to Dated: February 25, 2009. Subpart (B)—Alabama enforce its requirements. (See section Beverly H. Banister, 307(b)(2).) Acting Regional Administrator, Region 4. ■ 2. Section 52.50(e) is amended by adding a new entry at the end of the List of Subjects in 40 CFR Part 52 ■ 40 CFR part 52 is amended as follows: table for ‘‘Conformity SIP for Environmental protection, Air pollution control, Carbon monoxide, PART 52—[AMENDED] Birmingham and Jackson County’’ to Intergovernmental relations, read as follows: ■ Incorporation by reference, Nitrogen 1. The authority citation for part 52 § 52.50 Identification of plan. dioxide, Ozone, Reporting and continues to read as follows: * * * * * recordkeeping requirements, Volatile Authority: 42.U.S.C. 7401 et seq. organic compounds. (e) * * *

EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS

State submittal Name of nonregulatory SIP Applicable geographic or date/effective EPA approval date Explanation provision nonattainment area date

******* Conformity SIP for Birmingham and Jefferson County, Shelby County, 12/12/2008 3/26/2009 [Insert citation of publi- Jackson County. Jackson County. cation].

[FR Doc. E9–6647 Filed 3–25–09; 8:45 am] 1. Federal eRulemaking Portal: http:// please schedule an appointment during BILLING CODE 6560–50–P www.regulations.gov. Follow the on-line normal business hours with the contact instructions. listed in the FOR FURTHER INFORMATION 2. E-mail: [email protected]. CONTACT section. ENVIRONMENTAL PROTECTION 3. Mail or deliver: Andrew Steckel FOR FURTHER INFORMATION CONTACT: Mae AGENCY (Air-4), U.S. Environmental Protection Wang, EPA Region IX, (415) 947–4124, Agency Region IX, 75 Hawthorne Street, [email protected]. 40 CFR Part 62 San Francisco, CA 94105–3901. SUPPLEMENTARY INFORMATION: Instructions: All comments will be Throughout this document, ‘‘we,’’ ‘‘us’’ [EPA–R09–OAR–2008–0942; FRL–8781–2] included in the public docket without change and may be made available and ‘‘our’’ refer to EPA. Approval and Promulgation of State online at http://www.regulations.gov, Table of Contents Air Quality Plans for Designated including any personal information I. Background Facilities and Pollutants; Control of provided, unless the comment includes II. Final EPA Action Emissions From Existing Other Solid Confidential Business Information (CBI) III. Statutory and Executive Order Reviews Waste Incinerator Units; Arizona; Pima or other information whose disclosure is I. Background County Department of Environmental restricted by statute. Information that Quality you consider CBI or otherwise protected Sections 111(d) and 129 of the Clean should be clearly identified as such and Air Act (CAA or the Act) require States AGENCY: Environmental Protection should not be submitted through http:// to submit plans to control certain Agency (EPA). www.regulations.gov or e-mail. http:// pollutants (designated pollutants) at ACTION: Direct final rule. www.regulations.gov is an ‘‘anonymous existing solid waste combustor facilities access’’ system, and EPA will not know (designated facilities) whenever SUMMARY: EPA is taking direct final standards of performance have been action to approve a negative declaration your identity or contact information unless you provide it in the body of established under section 111(b) for new submitted by the Pima County sources of the same type, and EPA has Department of Environmental Quality. your comment. If you send e-mail directly to EPA, your e-mail address established emission guidelines (EG) for The negative declaration certifies that such existing sources. A designated other solid waste incinerator units, will be automatically captured and included as part of the public comment. pollutant is any pollutant for which no subject to the requirements of sections air quality criteria have been issued, and 111(d) and 129 of the Clean Air Act, do If EPA cannot read your comment due to technical difficulties and cannot which is not included on a list not exist within the agency’s air published under section 108(a) or pollution control jurisdiction. contact you for clarification, EPA may not be able to consider your comment. section 112(b)(1)(A) of the CAA, but DATES: This rule is effective on May 26, Docket: The index to the docket for emissions of which are subject to a 2009 without further notice, unless EPA this action is available electronically at standard of performance for new receives adverse comments by April 27, http://www.regulations.gov and in hard stationary sources. However, section 2009. If we receive such comment, we copy at EPA Region IX, 75 Hawthorne 129 of the CAA also requires EPA to will publish a timely withdrawal in the Street, San Francisco, California. promulgate EG for solid waste Federal Register to notify the public While all documents in the docket are incineration units that emit a mixture of that this direct final rule will not take listed in the index, some information air pollutants. These pollutants include effect. may be publicly available only at the organics (dioxins/furans), carbon ADDRESSES: Submit comments, hard copy location (e.g., copyrighted monoxide, metals (cadmium, lead, identified by docket number EPA–R09– material), and some may not be publicly mercury), acid gases (hydrogen chloride, OAR–2008–0942, by one of the available in either location (e.g., CBI). sulfur dioxide, and nitrogen oxides) and following methods: To inspect the hard copy materials, particulate matter (including opacity).

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On December 16, 2005, (70 FR 74870), This rule will be effective May 26, be inconsistent with the Clean Air Act; EPA promulgated new source 2009 without further notice unless the and performance standards and EG for other Agency receives relevant adverse • Does not provide EPA with the solid waste incineration (OSWI) units, comments by April 27, 2009. If EPA discretionary authority to address, as located at 40 CFR part 60, subparts receives such comments, then EPA will appropriate, disproportionate human EEEE and FFFF, respectively. The publish a timely withdrawal in the health or environmental effects, using designated facility to which the EG Federal Register to notify the public practicable and legally permissible apply is each existing OSWI unit, as that the direct final approval will not methods, under Executive Order 12898 defined in subpart FFFF, that take effect and we will address the (59 FR 7629, February 16, 1994). commenced construction on or before comments in a subsequent final action In addition, this rule does not have December 9, 2004. based on the proposal. The EPA will not tribal implications as specified by Subpart B of 40 CFR part 60 institute a second comment period on Executive Order 13175 (65 FR 67249, establishes procedures to be followed this action. Any parties interested in November 9, 2000), because it is not and requirements to be met in the commenting must do so at this time. development and submission of State approved to apply in Indian country plans for controlling designated III. Statutory and Executive Order located in the state, and EPA notes that pollutants. Also, 40 CFR part 62 Reviews it will not impose substantial direct provides the procedural framework for costs on tribal governments or preempt Under the Clean Air Act, the tribal law. the submission of these plans. When Administrator is required to approve a designated facilities are located in a state plan submission that complies The Congressional Review Act, 5 State, the State must then develop and with the provisions of the Act and U.S.C. 801 et seq., as added by the Small submit a plan for the control of the applicable Federal regulations. 42 Business Regulatory Enforcement designated pollutant. However, 40 CFR U.S.C. 7429(b)(2); 40 CFR 62.02(a). Fairness Act of 1996, generally provides 60.23(b) and 62.06 provide that if there Thus, in reviewing state plan that before a rule may take effect, the are no existing sources of the designated submissions, EPA’s role is to approve agency promulgating the rule must pollutant in the State, the State may state choices, provided that they meet submit a rule report, which includes a submit a letter of certification to that the criteria of the Clean Air Act. copy of the rule, to each House of the effect (i.e., negative declaration) in lieu Accordingly, this action merely Congress and to the Comptroller General of a plan. The negative declaration approves state law as meeting Federal of the United States. EPA will submit a exempts the State from the requirements requirements and does not impose report containing this action and other of subpart B for the submittal of a additional requirements beyond those required information to the U.S. Senate, 111(d)/129 plan. imposed by state law. For that reason, the U.S. House of Representatives, and this action: the Comptroller General of the United II. Final EPA Action States prior to publication of the rule in • Is not a ‘‘significant regulatory The Pima County Department of the Federal Register. A major rule action’’ subject to review by the Office Environmental Quality (PDEQ) has cannot take effect until 60 days after it of Management and Budget under determined that there are no designated is published in the Federal Register. Executive Order 12866 (58 FR 51735, facilities subject to the OSWI unit EG This action is not a ‘‘major rule’’ as October 4, 1993); requirements in its air pollution control • defined by 5 U.S.C. 804(2). jurisdiction. On April 14, 2008, PDEQ Does not impose an information submitted to EPA a negative declaration collection burden under the provisions List of Subjects in 40 CFR Part 62 letter certifying this fact. EPA is of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Environmental protection, amending 40 CFR part 62, subpart D— Administrative practice and procedure, • Is certified as not having a Arizona, to reflect the receipt of this Air pollution control, Aluminum, significant economic impact on a negative declaration letter. Fertilizers, Fluoride, Intergovernmental substantial number of small entities After publication of this Federal relations, Paper and paper products under the Regulatory Flexibility Act (5 Register notice, if an OSWI facility is industry, Phosphate, Reporting and U.S.C. 601 et seq.); later found within the PDEQ recordkeeping requirements, Sulfur • Does not contain any unfunded jurisdiction, then the overlooked facility oxides, Sulfuric acid plants, Waste mandate or significantly or uniquely will become subject to the requirements treatment and disposal. of the Federal OSWI 111(d)/129 plan, affect small governments, as described including the compliance schedule. The in the Unfunded Mandates Reform Act Dated: February 18, 2009. Federal plan would no longer apply if of 1995 (Pub. L. 104–4); Jane Diamond, EPA were to subsequently receive and • Does not have Federalism Acting Regional Administrator, Region IX. implications as specified in Executive approve a 111(d)/129 plan from PDEQ. ■ Part 62, Chapter I, Title 40 of the Code Order 13132 (64 FR 43255, August 10, EPA is publishing this action without of Federal Regulations is amended as 1999); prior proposal because the Agency follows: views this as a noncontroversial • Is not an economically significant amendment and anticipates no adverse regulatory action based on health or PART 62—[AMENDED] comments. This action simply reflects safety risks subject to Executive Order already existing Federal requirements 13045 (62 FR 19885, April 23, 1997); ■ 1. The authority citation for part 62 for State air pollution control agencies • Is not a significant regulatory action continues to read as follows: under 40 CFR parts 60 and 62. In the subject to Executive Order 13211 (66 FR Authority: 42 U.S.C. 7401–7671q. Proposed Rules section of this Federal 28355, May 22, 2001); Register publication, EPA is publishing • Is not subject to requirements of Subpart D—Arizona a separate document that will serve as Section 12(d) of the National the proposal to approve PDEQ’s Technology Transfer and Advancement ■ 2. Subpart D is amended by adding an negative declaration should relevant Act of 1995 (15 U.S.C. 272 note) because undesignated center heading and adverse or critical comments be filed. application of those requirements would § 62.660 to read as follows:

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Emissions From Existing Other Solid Because EPA received an adverse Hazardous Chemical Reporting Waste Incineration Units comment, EPA is withdrawing the regulations, as well as re-writing the direct final rule for ‘‘Rulemaking to regulations in a plain language format. § 62.660 Identification of plan—negative Reaffirm the Promulgation of Revisions This document is being issued to correct declaration. of the Acid Rain Program Rules.’’ As a technical error to the regulatory text in Letter from the Pima County stated in the parallel proposed rule (73 Hazardous Chemical Reporting, Department of Environmental Quality, FR 75983) published on the same day as specifically in the Tier II inventory submitted on April 14, 2008, certifying the direct final rule, EPA will not information section. that there are no existing other solid institute a second comment period in DATES: This final rule is effective March waste incineration units in its this proceeding concerning the Acid 26, 2009. jurisdiction subject to 40 CFR part 60, Rain Program rule revisions addressed ADDRESSES: EPA has established a subpart FFFF, of this chapter. in the direct final and parallel proposed docket for this action under Docket ID [FR Doc. E9–6641 Filed 3–25–09; 8:45 am] rules. EPA will address the adverse No. EPA–SFUND–1998–0002. All BILLING CODE comment on the direct final rule in a documents in the docket are listed on subsequent final rule based on the the http://www.regulations.gov Web parallel proposed rule. site. Although listed in the index, some ENVIRONMENTAL PROTECTION The revisions of the Acid Rain information is not publicly available, AGENCY Program rules whose promulgation EPA e.g., Confidential Business Information proposed to reaffirm in the parallel (CBI) or other information whose 40 CFR Parts 72, 73, 74, 77, and 78 proposed rule were described in detail, disclosure is restricted by statute. [EPA–HQ–OAR–2008–0774; FRL–8786–8] along with EPA’s reasons for such Certain other material, such as reaffirmation, in the interim final rule copyrighted material, is not placed on RIN 2060–AP35 (73 FR 75959) that was published on the the Internet and will be publicly same day as the direct final and that available only in hard copy form. Rulemaking To Reaffirm the reaffirmed—on an interim basis pending Publicly available docket materials are Promulgation of Revisions of the Acid final action in this proceeding—the available either electronically through Rain Program Rules promulgation of the Acid Rain Program http://www.regulations.gov or in hard rule revisions. EPA notes that it is not copy at the Superfund Docket, EPA/DC, AGENCY: Environmental Protection withdrawing the interim final rule. EPA West, Room 3334, 1301 Agency (EPA). Constitution Ave., NW., Washington, List of Subjects in 40 CFR Parts 72, 73, ACTION: Withdrawal of direct final rule. DC. The Public Reading Room is open 74, 77, and 78 from 8:30 a.m. to 4:30 p.m., Monday SUMMARY: Because EPA received an Environmental protection, Acid rain, through Friday, excluding legal adverse comment, EPA is withdrawing Administrative practice and procedure, holidays. The telephone number for the the direct final rule for ‘‘Rulemaking to Air pollution control, Electric utilities, Public Reading Room is (202) 566–1744, Reaffirm the Promulgation of Revisions Intergovernmental relations, Reporting and the telephone number for the of the Acid Rain Program Rules,’’ which and recordkeeping requirements, Sulfur Superfund Docket is (202) 566–0276. was published in the Federal Register oxides. on December 15, 2008. FOR FURTHER INFORMATION CONTACT: Sicy Dated: March 19, 2009. Jacob, Office of Emergency Management DATES: Effective March 26, 2009, EPA (OEM), Mail Code 5104A, withdraws the direct final rule Elizabeth Craig, Acting Assistant Administrator. Environmental Protection Agency, 1200 published at 73 FR 75954 on December Pennsylvania Avenue, NW., Washington 15, 2008. ■ Accordingly, the direct final rule DC 20004; telephone number: (202) FOR FURTHER INFORMATION CONTACT: published in the Federal Register on 564–8019; fax number: (202) 564–2620; Dwight C. Alpern, Clean Air Markets December 15, 2008 (73 FR 75954) is e-mail address: [email protected]. Division, U.S. Environmental Protection withdrawn as of March 26, 2009. Also contact the Superfund, TRI, Agency, Clean Air Markets Division, [FR Doc. E9–6764 Filed 3–25–09; 8:45 am] EPCRA, RMP and Oil Information Mailcode: 6204J, Ariel Rios Building, BILLING CODE 6560–50–P Center at (800) 424–9346 or (703) 412– 1200 Pennsylvania Ave., NW., 9810 (in the Washington, DC Washington, DC 20460, telephone (202) metropolitan area). The 343–9151, e-mail at ENVIRONMENTAL PROTECTION Telecommunications Device for the Deaf [email protected]. AGENCY (TDD) number is (800) 553–7672 or SUPPLEMENTARY INFORMATION: Because (703) 412–3323 (in the Washington, DC EPA received an adverse comment, EPA 40 CFR Part 370 metropolitan area). You may wish to visit the OEM Internet site at http:// is withdrawing the direct final rule for [EPA–HQ–SFUND–1998–0002; FRL 8785–3] ‘‘Rulemaking to Reaffirm the www.epa.gov/emergencies. Promulgation of Revisions of the Acid RIN 2050–AE17 SUPPLEMENTARY INFORMATION: Rain Program Rules,’’ which was Hazardous Chemical Reporting; Tier II I. General Information published on December 15, 2008 (73 FR Inventory Information 75954). A. Does this Action Apply to Me? EPA stated in that direct final rule AGENCY: Environmental Protection The Agency included in the that if EPA received adverse comment Agency (EPA). November 3, 2008 final rule who may be by January 29, 2009, the direct final rule ACTION: Final rule. potentially affected by this action. If you would not take effect and EPA would have questions regarding the publish a timely withdrawal of the SUMMARY: EPA issued a final rule in the applicability of this action to a direct final rule in the Federal Register. Federal Register on November 3, 2008, particular entity, consult the person EPA subsequently received an adverse amending the Emergency Planning and listed under FOR FURTHER INFORMATION comment on the direct final rule. Emergency Release Notification and CONTACT.

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B. How can I Access Electronic Copies for making this technical correction 11042, 11044, 11045, 11047, 11048, and of this Document and Other Related final without prior proposal and 11049). Information? opportunity for comment, because this ■ 2. In § 370.42 revise paragraphs (i)(8) and (9) to read as follows: In addition to using regulations.gov, final rule corrects a technical error, adds clarity, and does not otherwise change you may access this Federal Register § 370.42 What is Tier II Inventory document electronically through the the original requirements of the final Information? rule. This section of the regulations was EPA Internet under the ‘‘Federal * * * * * Register’’ listings at http:// not proposed for any revisions in the June 8, 1998 proposed rule; it was only (i) * * * www.epa.gov/fedrgstr. (8) (i) Provide a brief description of proposed for a rewrite in a plain the precise location of the hazardous II. What Does This Correction Do? language format. EPA finds that this chemical at your facility. You may also constitutes good cause under 5 U.S.C. This document is being issued to attach one of the following with your 553(b)(3)(B). correct a technical error in the Tier II inventory form. regulatory text published in the final IV. Do Any of the Statutory and (A) A site plan with site coordinates rule on November 3, 2008 (723 FR Executive Order Reviews Apply to This indicated for buildings, lots, areas, etc. 65452), in 40 CFR 370.42(i)(8) and (9). Action? throughout your facility. Specifically, the November 2008 final This final rule corrects a technical (B) A list of site coordinate rule amended 40 CFR parts 355 and 370, error and does not otherwise change the abbreviations that correspond to as well as rewrote the regulations in a requirements in the final rule. As a buildings, lots, areas, etc. throughout plain language format; the final rule is technical correction, this action is not your facility. based on a June 8, 1998 (63 FR 31268) (C) A description of dikes and other subject to the statutory and Executive proposed rule in which EPA proposed safeguard measures for storage locations Order review requirements. For several revisions to parts 355 and 370, throughout your facility. information about the statutory and as well as proposed to reorganize and (ii) Under EPCRA section 324, you Executive Order review requirements as rewrite the regulations in a plain may choose to withhold from disclosure they related to the final rule, see Section language format. Prior to the November to the public the location information III in the Federal Register of November 2008 final rule, the instructions to the for a specific chemical. If you choose to 3, 2008. Tier II inventory form in 40 CFR 370 withhold the location information from allowed facilities to include optional V. Congressional Review Act disclosure to the public, you must attachments with their inventory form. The Congressional Review Act, 5 clearly indicate that the information is These optional items include: a site plan U.S.C. 801 et seq., generally provides ‘‘confidential.’’ You must provide the with site coordinates, a list of site that before a rule may take effect, the confidential location information on a coordinate abbreviations that Agency promulgating the rule must separate sheet from the other Tier II correspond to buildings, lots, etc. or a submit a rule report to each House of information (which will be disclosed to description of dikes and other safeguard the Congress and to the Comptroller the public), and attach the Confidential measures for storage locations General of the United States. EPA will Location Information Sheet to the other throughout the facility. Although the submit a report containing this rule and Tier II information. Indicate any Agency did not propose any revisions to other required information to the U.S. attachments you are including. (9) Provide a brief description of the these specific instructions in the June Senate, the U.S. House of manner of storage of the hazardous 1998 proposed rule, the Agency made Representatives, and the Comptroller chemical, including container type, an error in the November 2008 final General of the United States prior to the temperature and pressure for each rule, while reorganizing the instructions publication of this final rule in the location listed. You must use codes that to the Tier II inventory form. The Federal Register. This final rule is not correspond to different storage types Agency inadvertently listed one of the a ‘‘major rule’’ as defined by 5 U.S.C. and temperature and pressure optional items, description of dikes and 804(2). other safeguard measures, as a required conditions. The storage codes are in item in 40 CFR 370.42(i)(9). List of Subjects in 40 CFR Part 370 § 370.43. If the specific location for This document corrects this error by Environmental protection, Chemicals, which you are reporting storage deleting the phrase, ‘‘a description of Hazardous substances, Penalties, conditions is a ‘‘confidential’’ location, dikes and other safeguard measures for Reporting and recordkeeping then you must report the storage each location listed’’ from 40 CFR requirements, Superfund. conditions on a separate Confidential Location Information Sheet. 370.42(i)(9), and re-inserting this phrase Dated: March 16, 2009. into 40 CFR 370.42(i)(8), which has also Lisa P. Jackson, [FR Doc. E9–6264 Filed 3–25–09; 8:45 am] been re-formatted to provide greater BILLING CODE 6560–50–P clarity. Administrator. ■ For the reasons set out in the III. Authority Under the Administrative preamble, title 40, chapter 1 of the Code Procedure Act of Federal Regulations is amended as FEDERAL COMMUNICATIONS COMMISSION Section 553 of the Administrative follows: Procedure Act (APA), 5 U.S.C. 47 CFR Part 73 553(b)(3)(B), provides that, when an PART 370—[AMENDED] Agency for good cause finds that notice ■ 1. The authority citation for part 370 [DA 09–412; MB Docket No. 08–26; RM– 11418] and public procedure are impracticable, continues to read as follows: unnecessary or contrary to the public Authority: Sections 302, 311, 312, 322, Radio Broadcasting Services; Evart interest, the Agency may issue a final 324, 325, 327, 328, and 329 of the Emergency and Ludington, MI rule without providing notice and an Planning and Community Right-To-Know opportunity for public comment. EPA Act of 1986 (EPCRA) (Pub. L. 99–499, 100 AGENCY: Federal Communications has determined that there is good cause Stat. 1613, 42 U.S.C. 11002, 11021, 11022, Commission.

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ACTION: Final rule. List of Subjects in 47 CFR Part 73 managed under the Fishery Radio, Radio broadcasting. Management Plan for the Coastal SUMMARY: The Audio Division, at the Migratory Pelagic Resources of the Gulf ■ request of Roy E. Henderson, allots FM As stated in the preamble, the Federal of Mexico and South Atlantic (FMP). Channel 274A at Evart, Michigan, as Communications Commission amends The FMP was prepared by the Gulf of that community’s first local service. In 47 CFR part 73 as follows: Mexico and South Atlantic Fishery order to accommodate that allotment, Management Councils (Councils) and is the Audio Division also substitutes PART 73—RADIO BROADCAST SERVICES implemented under the authority of the Channel 249A for vacant FM Channel Magnuson-Stevens Fishery 242A at Ludington, Michigan. Channel ■ 1. The authority citation for part 73 Conservation and Management Act 274A can be allotted at Evart, Michigan, continues to read as follows: (Magnuson-Stevens Act) by regulations in compliance with the Commission’s Authority: 47 U.S.C. 154, 303, 334, 336. at 50 CFR part 622. minimum distance separation The commercial fishery for the Gulf of requirements with a site restriction of § 73.202 [Amended] Mexico migratory group of king 14.6 km (9.1 miles) north of Evart at the mackerel in the western zone is ■ 2. Section 73.202(b), the Table of FM following reference coordinates: 44–01– managed under a commercial quota of Allotments under Michigan, is amended 43 North Latitude and 85–17–51 West 1.01 million lb (0.46 million kg) (66 FR by adding Evart, Channel 274A, by Longitude. Channel 249A can be 17368, March 30, 2001) for the current allotted at Ludington, Michigan, in removing Channel 242A and by adding fishing year, July 1, 2008, through June compliance with the Commission’s Channel 249A at Ludington. 30, 2009. minimum distance separation Federal Communications Commission. Under 50 CFR 622.43(a), NMFS is requirements with a site restriction of John A. Karousos, required to close any segment of the 9.0 km (5.6 miles) north of Ludington at Assistant Chief, Audio Division, Media king mackerel commercial fishery when the following reference coordinates: 44– Bureau. its quota has been reached, or is 01–53 North Latitude and 86–24–57 [FR Doc. E9–6791 Filed 3–25–09; 8:45 am] projected to be reached, by filing a West Longitude. BILLING CODE 6712–01–P notification at the Office of the Federal DATES: Effective April 13, 2009. Register. NMFS has determined the ADDRESSES: Secretary, Federal commercial quota of 1.01 million lb (0.46 million kg) for Gulf group king Communications Commission, 445 12th DEPARTMENT OF COMMERCE Street, SW., Washington, DC 20554. mackerel in the western zone will be reached by March 27, 2009. FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric Administration Accordingly, the commercial fishery for Deborah Dupont, Media Bureau, (202) Gulf group king mackerel in the western 418–2180. 50 CFR Part 622 zone is closed effective noon, local time, SUPPLEMENTARY INFORMATION: This is a March 27, 2009, through June 30, 2009, synopsis of the Commission’s Report [Docket No. 001005281–0369–02] the end of the fishing year. The and Order, MB Docket No. 08–26, boundary between the eastern and adopted February 25, 2009, and released RIN 0648–XL91 western zones is 87°31′06″ W. long., February 27, 2009. The full text of this which is a line directly south from the Commission decision is available for Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Alabama/Florida boundary. inspection and copying during normal Except for a person aboard a charter business hours in the FCC Reference Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; vessel or headboat, during the closure, Information Center, Portals II, 445 12th no person aboard a vessel for which a Closure Street, SW., Room CY–A257, commercial permit for king mackerel Washington, DC 20554. The complete AGENCY: National Marine Fisheries has been issued may fish for or retain text of this decision also may be Service (NMFS), National Oceanic and Gulf group king mackerel in the EEZ in purchased from the Commission’s Atmospheric Administration (NOAA), the closed zones or subzones. A person duplicating contractor, Best Copy and Department of Commerce. aboard a vessel that has a valid charter Printing, Inc., 445 12th Street, SW., ACTION: Temporary rule; closure. vessel/headboat permit for coastal Room CY–B402, Washington, DC 20554, migratory pelagic fish may continue to (800) 378–3160, or via the company’s SUMMARY: NMFS closes the commercial retain king mackerel in or from the Web site, http://www.bcpiweb.com. fishery for king mackerel in the closed zones or subzones under the bag This document does not contain exclusive economic zone (EEZ) in the and possession limits set forth in 50 proposed information collection western zone of the Gulf of Mexico. This CFR 622.39(c)(1)(ii) and (c)(2), provided requirements subject to the Paperwork closure is necessary to protect the Gulf the vessel is operating as a charter Reduction Act of 1995, Public Law 104– king mackerel resource. vessel or headboat. A charter vessel or 13. In addition, therefore, it dos not DATES: The closure is effective noon, headboat that also has a commercial contain any proposed information local time, March 27, 2009, through king mackerel permit is considered to be collection burden ‘‘for small business June 30, 2009. operating as a charter vessel or headboat concerns with fewer than 25 when it carries a passenger who pays a FOR FURTHER INFORMATION CONTACT: employees,’’ pursuant to the Small fee or when there are more than three Susan Gerhart, 727–824–5305, fax: 727– Business Paperwork Relief Act of 2002, persons aboard, including operator and 824–5308, e-mail: Public Law 107–198, see 44 U.S.C. crew. 3506(c)(4). The Commission will send a [email protected]. During the closure, king mackerel copy of this Report and Order in a SUPPLEMENTARY INFORMATION: The from the closed zones or subzones taken report to be sent to Congress and the fishery for coastal migratory pelagic fish in the EEZ, including those harvested Government Accountability Office (king mackerel, Spanish mackerel, cero, under the bag and possession limits, pursuant to the Congressional Review cobia, little tunny, and, in the Gulf of may not be purchased or sold. This Act, see 5 U.S.C. 801(a)(1)(A). Mexico only, dolphin and bluefish) is prohibition does not apply to trade in

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king mackerel from the closed zones or unnecessary and contrary to the public For the aforementioned reasons, the subzones that were harvested, landed interest. Such procedures would be AA also finds good cause to waive the ashore, and sold prior to the closure and unnecessary because the rule itself has 30-day delay in the effectiveness of this were held in cold storage by a dealer or already been subject to notice and action under 5 U.S.C. 553(d)(3). comment, and all that remains is to processor. This action is taken under 50 CFR notify the public of the closure. 622.43(a) and is exempt from review Classification Allowing prior notice and opportunity This action responds to the best for public comment is contrary to the under Executive Order 12866. available information recently obtained public interest because of the need to Authority: 16 U.S.C. 1801 et seq. from the fishery. The Assistant immediately implement this action to Dated: March 20, 2009. Administrator for Fisheries, NOAA, protect the fishery since the capacity of (AA), finds good cause to waive the the fishing fleet allows for rapid harvest Emily H. Menashes, requirement to provide prior notice and of the quota. Prior notice and Acting Director, Office of Sustainable opportunity for public comment opportunity for public comment would Fisheries, National Marine Fisheries Service. pursuant to the authority set forth at 5 require time and would potentially [FR Doc. E9–6771 Filed 3–23–09; 4:15 pm] U.S.C. 553(b)(B) as such prior notice result in a harvest well in excess of the BILLING CODE 3510–22–S and opportunity for public comment is established quota.

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Proposed Rules Federal Register Vol. 74, No. 57

Thursday, March 26, 2009

This section of the FEDERAL REGISTER www.ams.usda.gov/cotton/ services. (The 2008 user fee for contains notices to the public of the proposed rulemaking.htm. classification services was $2.00 per issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: bale; the fee for the 2009 crop would be purpose of these notices is to give interested increased to $2.20 per bale; the 2009 persons an opportunity to participate in the Darryl Earnest, Deputy Administrator, Cotton and Tobacco Program, AMS, crop is estimated at 14,500,000 bales). rule making prior to the adoption of the final (2) The fee for services will not affect rules. USDA, Room 2637–S, STOP 0224, 1400 competition in the marketplace; and Independence Avenue, SW., (3) The use of classification services is Washington, DC 20250–0224. DEPARTMENT OF AGRICULTURE voluntary. For the 2008 crop, 12,740,000 Telephone (202) 720–2145, facsimile bales were produced; and, almost all of (202) 690–1718, or e-mail Agricultural Marketing Service these bales were voluntarily submitted [email protected]. by growers for the classification service. 7 CFR Part 28 SUPPLEMENTARY INFORMATION: (4) Based on the average price paid to growers for cotton from the 2007 crop of Executive Order 12866 [Doc. # AMS–CN–09–0011; CN–09–001] 53.50 cents per pound, 500 pound bales This proposed rule has been of cotton are worth an average of User Fees for 2009 Crop Cotton determined to be not significant for $267.50 each. The proposed user fee Classification Services to Growers purposes of Executive Order 12866; and, increase for classification services, $.20 AGENCY: Agricultural Marketing Service, therefore has not been reviewed by the per bale, is less than one percent of the USDA. Office of Management and Budget value of an average bale of cotton. (OMB). ACTION: Proposed rule. Paperwork Reduction Act Executive Order 12988 SUMMARY: The Agricultural Marketing In compliance with OMB regulations Service (AMS) is proposing to raise user This proposed rule has been reviewed (5 CFR part 1320), which implement the fees for cotton producers for 2009 crop under Executive Order 12988, Civil Paperwork Reduction Act (PRA) (44 cotton classification services under the Justice Reform. It is not intended to U.S.C. 3501–3520), the information Cotton Statistics and Estimates Act. have retroactive effect. This rule would collection requirements contained in the These user fees also are authorized not preempt any state or local laws, provisions to be amended by this under the Cotton Standards Act of 1923. regulations, or policies unless they proposed rule have been previously The 2008 user fee for this classification present an irreconcilable conflict with approved by OMB and were assigned service was $2.00 per bale. This this rule. There are no administrative OMB control number 0581–AC43. procedures that must be exhausted prior proposal would raise the fee for the Fees for Classification Under the Cotton to any judicial challenge to the 2009 crop to $2.20 per bale. The Statistics and Estimates Act of 1927 proposed fee and the existing reserve provisions of this rule. This proposed rule would establish are sufficient to cover the costs of Regulatory Flexibility Act providing classification services, the user fee charged to producers for HVI classification at $2.20 per bale for including costs for administration and Pursuant to requirements set forth in the 2009 cotton crop. The 2009 user fee supervision. the Regulatory Flexibility Act (RFA) (5 U.S.C. 601–612) AMS has considered charged to cotton producers for High DATES: Comments must be received on the economic impact of this action on Volume Instrument (HVI) classification or before April 10, 2009. small entities and has determined that was calculated using new methodology, ADDRESSES: Interested persons are its implementation will not have a as was authorized by section 14201 of invited to submit written comments significant economic impact on a the Food, Conservation, and Energy Act concerning this proposed rule to Darryl substantial number of small businesses. of 2008 (Pub. L. 110–234) (2008 Farm Earnest, Deputy Administrator, Cotton The purpose of the RFA is to fit Bill). In previous years, the fee was and Tobacco Program, AMS, USDA, regulatory actions to the scale of determined using a user-fee formula STOP 0224, 1400 Independence businesses subject to such actions so mandated in the Uniform Cotton Avenue, SW., Washington, DC 20250– that small businesses will not be Classing Fees Act of 1987 (Pub. L. 100– 0224. Comments should be submitted in disproportionately burdened. There are 108, 101 Stat. 728) (1987 Act), as triplicate. Comments may also be an estimated 25,000 cotton growers in amended. This formula used the submitted electronically to: the U.S. who voluntarily use the AMS previous year’s base fee that was regulations.gov. All comments should cotton classing services annually, and adjusted for inflation and economies of reference the docket number and the the majority of these cotton growers are size (1 percent decrease/increase for date and the page of this issue of the small businesses under the criteria every 100,000 bales above/below 12.5 Federal Register. All comments established by the Small Business million bales with maximum received will be available for public Administration (13 CFR 121.201). The adjustment being ±15 percent). The user inspection during regular business increase above the 2008 crop level as fee was then further adjusted to comply hours at the above office in Rm. 2637— stated will not significantly affect small with operating reserve constraints South Building, 1400 Independence businesses as defined in the RFA (between 10 and 25 percent of projected Avenue, SW., Washington, DC. because: operating costs) specified by the 1987 Comments can also be viewed on: (1) The fee represents a very small Act. regulations.gov. A copy of this notice portion of the cost-per-unit currently The 2008 user fee charged to cotton may be found at: http:// borne by those entities utilizing the producers for High Volume Instrument

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(HVI) classification services under the supplies, and other overhead costs, such A 15-day comment period is provided Cotton Statistics and Estimates Act of as facility costs and costs for for public comments. This period is 1927 (7 U.S.C. 471–476) was $2.00 per administration and supervision. In appropriate because it is anticipated bale during the 2008 harvest season as addition to covering expected costs, the that the proposed changes, if adopted, determined by using the formula user fee is set such that projected would be made effective for the 2009 provided in the 1987 Act. The fee revenues will generate an operating cotton crop on July 1, 2009. covered salaries, costs of equipment and reserve adequate to effectively manage supplies, and other overhead costs, uncertainties related to crop size and List of Subjects in 7 CFR Part 28 including costs for administration and cash-flow timing while meeting Administrative practice and supervision. Also, the fee structure for minimum reserve requirements set by procedure, Cotton, Cotton samples, the 2007 crop year was incorporated the Agricultural Marketing Service, Grades, Market news, Reporting and under the authority of the Cotton which require maintenance of a reserve recordkeeping requirements, Standards, Standards Act of 1923 (7 U.S.C 51–65), fund amount equal to four months of Staples, Testing, Warehouses. by an interim final rule effective projected operating costs. For the reasons set forth in the October 1, 2007 (72 FR 56242). Extensive consultations regarding the preamble, 7 CFR part 28 is proposed to Section 14201 of the 2008 Farm Bill establishment of the classification fee be amended to read as follows: provides that: (1) The Secretary shall with U.S. cotton industry make available cotton classification representatives were held during the PART 28—[AMENDED] services to producers of cotton, and period from September 2008 through provide for the collection of January 2009 during numerous publicly 1. The authority citation for 7 CFR classification fees from participating held meetings. Representatives of all part 28, Subpart D, continues to read as producers or agents that voluntarily segments of the cotton industry, follows: agree to collect and remit the fees on including producers, ginners, bale Authority: 7 U.S.C. 51–65; 7 U.S.C. 471– behalf of the producers; (2) storage facility operators, merchants, 476. classification fees collected and the cooperatives, and textile manufacturers 2. In § 28.909, paragraph (b) is revised proceeds from the sales of samples were addressed in various industry- to read as follows: submitted for classification shall, to the sponsored forums. extent practicable, be used to pay the The user fee established to be charged § 28.909 Costs. cost of the services provided, including cotton producers for High Volume * * * * * administrative and supervisory costs; (3) Instrument (HVI) classification in 2009 (b) The cost of High Volume the Secretary shall announce a uniform is $2.20 per bale. This fee is based on Instrument (HVI) cotton classification classification fee and any applicable the pre-season projection that 14.5 service to producers is $2.20 per bale. million bales will be classed by the surcharge for classification services not * * * * * later than June 1 of the year in which United States Department of Agriculture 3. In § 28.911, the last sentence of the fee applies; and (4) in establishing during the 2009 crop year. paragraph (a) is revised to read as Accordingly § 28.909, paragraph (b) the amount of fees under this section, follows: the Secretary shall consult with would reflect the increase of the HVI representatives of the United States classification fee to $2.20 per bale. § 28.911 Review classification. cotton industry. At pages 313–314, the A 5 cent per bale discount would (a) * * * The fee for review Joint Explanatory Statement of the continue to be applied to voluntary classification is $2.20 per bale. centralized billing and collecting agents committee of conference for section * * * * * 14201 stated the expectation that the as specified in § 28.909(c). cotton classification fee would be Growers or their designated agents Dated: March 23, 2009. established in the same manner as was receiving classification data would Craig Morris, applied during the 1992 through 2007 continue to incur no additional fees if Acting Associate Administrator. fiscal years. The classification fee classification data is requested only [FR Doc. E9–6805 Filed 3–23–09; 4:15 pm] should continue to be a basic, uniform once. The fee for each additional BILLING CODE fee per bale fee as determined necessary retrieval of classification data in to maintain cost-effective cotton § 28.910 would remain at 5 cents per classification service. Further, in bale. The fee in § 28.910(b) for an owner NATIONAL CREDIT UNION consulting with the cotton industry, the receiving classification data from the ADMINISTRATION Secretary should demonstrate the level National database would remain at 5 of fees necessary to maintain effective cents per bale, and the minimum charge 12 CFR Part 707 cotton classification services and of $5.00 for services provided per provide the Department of Agriculture monthly billing period would remain RIN 3133–AD57 with an adequate operating reserve, the same. The provisions of § 28.910(c) Truth in Savings Act Disclosures while also working to limit adjustments concerning the fee for new classification in the year-to-year fee. memoranda issued from the National AGENCY: National Credit Union Under the provisions of section database for the business convenience of Administration (NCUA). 14201, a user fee (dollar per bale an owner without reclassification of the ACTION: Proposed rule. classed) is established that, when cotton will remain the same at 15 cents combined with other sources of per bale or a minimum of $5.00 per SUMMARY: As required by the Truth in revenue, will result in projected sheet. Savings Act (TISA), NCUA is proposing revenues sufficient to reasonably cover The fee for review classification in to amend its TISA rule and official staff budgeted costs—adjusted for inflation— § 28.911 would increase to $2.20 per interpretation to align it with the and allow for adequate operating bale. Federal Reserve Board’s Regulation DD. reserves to be maintained. Costs The fee for returning samples after Specifically, the rule would amend the considered in this method include classification in § 28.911 would remain provisions and provide guidance on the salaries, costs of equipment and at 50 cents per sample. electronic delivery of disclosures.

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Additionally, NCUA is proposing to similar to the Federal Reserve Board’s regulatory text was dropped and staff amend the rule and the official staff (FRB’s) October 2007 and December commentary revised in the FRB’s commentary to require all credit unions 2008 final rules. See 72 FR 63477 Regulation DD to address confusion to disclose aggregate overdraft fees on (November 9, 2007); 74 FR 5584 about electronic disclosure provisions, periodic statements; currently, this (January 29, 2009). TISA requires NCUA enhance consumers’ ability to shop for disclosure requirement only applies to to promulgate regulations substantially deposit account products online, and credit unions that promote the payment similar to those the FRB issues within minimize burdens on consumers and on of overdrafts. The proposed rule also 90 days of the effective date of an FRB using electronic disclosures. 72 FR addresses balance disclosures credit rule. 12 U.S.C. 4311(b). In doing so, 63477 (November 9, 2007). In unions provide to members through NCUA is to take into account the unique accordance with the E-Sign Act as automated systems. nature of credit unions and limitations applied to account-opening disclosures, DATES: Comments must be received on under which they pay dividends on periodic statements, and change-in- or before May 26, 2009. member accounts. Id. terms notices, the FRB required depository institutions to obtain the ADDRESSES: You may submit comments II. Procedural and Substantive consumer’s consent, to provide the by any of the following methods (Please Background on Electronic Disclosure disclosures in electronic form or else send comments by one method only): Provisions • Federal eRulemaking Portal: http:// provide written disclosures. The FRB The Electronic Signatures in Global deleted certain regulatory text that www.regulations.gov. Follow the and National Commerce Act (E-Sign instructions for submitting comments. restated or cross-referenced the E-Sign • Act), 15 U.S.C. 7001 et seq., enacted in Act’s general rules regarding electronic NCUA Web site: http:// 2000, provides that electronic www.ncua.gov/ disclosures, including the consumer documents and electronic signatures consent provisions because the E-Sign RegulationsOpinionsLaws/ have the same validity as paper proposed_regs/proposed_regs.html. Act is a self-effectuating statute. 12 CFR documents and handwritten signatures. 230.10 (2007) (section removed by Follow the instructions for submitting Under the E-Sign Act, member October 2007 final rule). Finally, the comments. • disclosures, which are required by other FRB specified the circumstances under E-mail: Address to laws or regulations to be provided or [email protected]. Include ‘‘[Your which certain disclosures may be made available in writing, may be provided in electronic form without name] Comments on Part 707 Truth in provided or made available in electronic obtaining the consumer’s consent under Savings’’ in the e-mail subject line. • form if a member affirmatively consents section 101(c) of the E-Sign Act. 15 Fax: (703) 518–6319. Use the after receiving disclosures informing the subject line described above for e-mail. U.S.C. 7001(c). The final rule was • member of: (1) The right to receive the effective December 10, 2007, with Mail: Address to Mary Rupp, required information in writing; (2) the Secretary of the Board, National Credit October 1, 2008 as the compliance date. consent necessary to receive electronic NCUA did not issue a substantially Union Administration, 1775 Duke notices; (3) procedures to withdraw similar rule to revise the staff Street, Alexandria, Virginia 22314– consent; (4) how to receive a paper copy commentary and remove § 707.10 in 3428. of an electronic record and any fees; 2007 but is incorporating those changes • Hand Delivery/Courier: Same as and, (5) the equipment needed to now along with other changes the FRB mail address. receive e-notices. 15 U.S.C. 7001(c). made to its Regulation DD in December Public inspection: All public The E-Sign Act, including the special 2008. The Board believes the delayed comments are available on the agency’s notice and consent provisions, became compliance date for credit unions and website at http://www.ncua.gov/ effective October 1, 2000, and did not their members has not negatively RegulationsOpinionsLaws/comments as require implementing regulations. Thus, affected them because it is unaware of submitted, except as may not be credit unions are currently permitted to any significant confusion for credit possible for technical reasons. Public provide in electronic form any unions or their members about credit comments will not be edited to remove disclosures that are required to be unions’ obligation to obtain members’ any identifying or contact information. provided or made available to the consent to provide disclosures Paper copies of comments may be member in writing under Part 707 if the electronically, as required by the E-Sign inspected in NCUA’s law library at 1775 member affirmatively consents to Act. Duke Street, Alexandria, Virginia 22314, receive electronic disclosures in the by appointment, weekdays between 9 manner required by section 101(c) of the III. Background on Overdraft Services a.m. and 3 p.m. To make an E-Sign Act. Id. and Regulatory Action appointment, call (703) 518–6540 or In April 2001, the FRB published an In recent years, many credit unions send an e-mail to [email protected]. interim final rule to establish uniform have largely automated the overdraft FOR FURTHER INFORMATION CONTACT: standards for electronic delivery of payment process,1 and use automation Moisette I. Green, Staff Attorney, at the disclosures under its TISA regulation, to set the criteria for determining address above or telephone: (703) 518– Regulation DD, 12 CFR part 230. 66 FR whether to honor overdrafts and the 6540. For information regarding the 17795 (April 4, 2001). The interim final limits on overdraft coverage provided. paperwork burden, contact Michael rule incorporated the requirements of Overdraft services vary among credit Ryan, Risk Analysis Officer, at the the E-Sign Act and required depository unions but often share certain common address above or telephone number institutions to obtain consumers’ characteristics. While credit unions (703) 518–6360. consent to provide TISA disclosures generally do not initially underwrite on SUPPLEMENTARY INFORMATION: electronically. Id. NCUA adopted a an individual account basis when substantially similar rule in June 2001. enrolling a member in the service, most I. Statutory Background 66 FR 33159 (June 21, 2001). To comply with the Truth in Savings In October 2007, the FRB adopted 1 NCUA’s general lending rule specifically Act (TISA), NCUA is issuing this final amendments changing some permits a federal credit union to provide overdraft protection to members if it has a written policy proposed rule with request for provisions in the interim rule adopted addressing certain requirements, such as individual comments, which is substantially over six years earlier. In brief, some and aggregate limits. 12 CFR 701.21(c)(3).

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credit unions will review individual may be imposed. Depository institutions a discretionary overdraft service or a accounts periodically to determine if a that promote the payment of overdrafts line of credit, or funds that could be member continues to qualify for the in an advertisement were required to transferred from a consumer’s linked service, and the amounts that may be include in the advertisements certain individual or joint account, so long as covered. information about the costs associated the institution prominently states the Most credit unions disclose that the with the service and the circumstances balance includes these additional payment of overdrafts is discretionary under which the credit union would not amounts.4 and that the credit union has no legal pay an overdraft. The Proposed Rule obligation to pay any overdraft. In the Depository institutions were also past, credit unions generally provided required to disclose separately on their The Board is proposing to revise overdraft coverage only for check periodic statements the total amount of NCUA’s TISA rule to adopt the FRB’s transactions; however, in recent years, fees or charges imposed on the account recent changes to Regulation DD and its the service has been extended to cover for paying overdrafts and the total accompanying staff commentary. NCUA overdrafts resulting from non-check amount of fees charged for returning is required to issue rules substantively transactions, including withdrawals at items unpaid. The disclosures were similar to those of the FRB within 90 automated teller machines (ATMs), required to be provided for the days of the effective date of the FRB’s automated clearinghouse (ACH) statement period and for the calendar rules. 12 U.S.C. 4311(b). The FRB’s most transactions, point-of-sale debit card year-to-date. NCUA adopted a recent final rule will not be effective transactions, pre-authorized automatic substantially similar rule for credit until January 1, 2010, and the Board debits from a member’s account, unions in April 2006. 71 FR 24568 wants to permit credit unions to telephone-initiated funds transfers, and (April 26, 2006). comment on the proposed changes to online banking transactions. A flat fee is In May 2008, under its TISA the TISA rule and allow sufficient time 3 charged when an overdraft is paid, authority, the FRB issued a proposed for necessary operational adjustments. regardless of the overdraft amount. rule on new disclosure requirements To ensure uniformity in disclosure Credit unions commonly charge the under Regulation DD, which were requirements for financial institutions, same amount for paying an overdraft as adopted in final in December 2008. 73 the Board intends for the provisions they would if they returned the item FR 28739 (May 19, 2008); 74 FR 5584 dealing with electronic disclosure to be unpaid. A daily fee also may apply for (January 29, 2009). The final rule effective within 30 days of a final rule each day the account remains amended Regulation DD and the official but, for the provisions changing overdrawn. staff commentary to expand the disclosure requirements for overdraft In February 2005, NCUA, along with requirement to disclose overdraft fees programs, to issue provide the same the FRB, Federal Deposit Insurance on periodic statements to apply to all effective date as the FRB’s recent final Corporation, and Office of the depository institutions, and not just amendments to Regulation DD, namely, Comptroller of the Currency, published those that promote the payment of January 1, 2010. The Board encourages guidance on overdraft protection overdrafts. The final rule includes interested parties to submit comments programs in response to concerns about format requirements to help make the on this proposal but commenters should aspects of the growing marketing, aggregate fee disclosures more effective keep in mind that NCUA’s TISA disclosure, and implementation of and noticeable to consumers. regulation must be substantially similar overdraft services. 70 FR 9127 (February Additionally, the final rule requires an to the FRB’s rule and vary only to the 24, 2005) (Joint Guidance). The Joint account balance, which is disclosed to extent necessary to address unique Guidance addressed three primary consumers by an automated system credit union differences. A section-by- areas: (1) Safety and soundness such as an ATM, Web site, or telephone section discussion of the proposed considerations; (2) legal risks; and, (3) response system, to exclude additional revisions follows below. 2 amounts institutions may provide or best practices. The best practices in the IV. Section-by-Section Analysis Joint Guidance focused on the which institutions may transfer from marketing of overdraft services and the another account to cover an item where Section 707.3 General Disclosure disclosure and operation of program there are insufficient funds in an Requirements account. The rule is designed to ensure features, including distinguishing actual Section 707.3(a) prescribes the form of available account balances from account consumers are not confused or misled about the available funds in their disclosures required for member balances that include overdraft accounts and generally requires credit protection amounts. accounts when they request account balances. The final rule permits an unions to provide the disclosures in In May 2005, the FRB published writing and in a form a member or revisions to Regulation DD and the institution to disclose an additional balance that includes funds provided by potential member may keep. The official staff commentary to address proposed rule would revise § 707.3(a) to concerns about the uniformity and 3 In May 2008, NCUA, the FRB, and the Office of clarify that credit unions may provide adequacy of disclosure of overdraft fees Thrift Supervision (OTS) jointly proposed disclosures to members or potential generally, and the advertisement of substantive consumer protections under the Federal members in electronic form, subject to overdraft services in particular. 70 FR Trade Commission Act, the so-called unfair and compliance with the consent and other 29582 (May 24, 2005). Under the May deceptive acts and practices (UDAP) rule that, among other matters, addressed concerns that applicable provisions of the E-Sign Act. 2005 final rule, which became effective consumers may not adequately understand the costs July 1, 2006, all depository institutions of overdraft services or how overdraft services 4 The FRB has proposed opt-out requirements for were required to specify in their account operate generally. 73 FR 28904 (May 19, 2008). overdraft programs using its authority under the disclosures the categories of Among other provisions, the proposed rule would Electronic Fund Transfer Act and Regulation E. 74 have required consumers to have the right to opt FR 5212 (January 29, 2009). As an alternative, the transactions for which an overdraft fee out of the payment of overdrafts but the provision Regulation E proposal would also require financial was dropped from UDAP when it was finalized in institutions to provide customers an opt-in to 2 The Office of Thrift Supervision published December based on the agencies’ decision to payment of overdrafts for ATM and debit similar guidance focusing on safety and soundness address disclosures on overdraft services through transactions, and includes a proposed model opt-in considerations and best practices. See 70 FR 8428 TISA regulations. NCUA adopted the UDAP notice. The Regulation E proposal would apply to (February 18, 2005). provisions in its Credit Practice Rule in Part 706. all financial institutions, including credit unions.

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Some credit unions may provide request could be satisfied, as long as the potential member to the location of the disclosures to members or potential member or potential member agrees the disclosures, such as on the credit members both in paper and electronic disclosures can be provided union’s internet Web site. form and rely on the paper form of the electronically. Applying the E-Sign Staff Interpretation—Section 707.8 disclosures to satisfy their compliance consent procedures in this context Advertising obligations. For those credit unions, the could actually discourage members or proposal would permit the duplicate potential members from requesting the The current § 707.8 addresses electronic form of the disclosures to disclosures. requirements for advertisements for members or potential members without Currently, § 707.3(g) contains a cross- member accounts, including the regard to the consent or other provisions reference to § 707.10 for rules governing requirement that, if an advertisement of the E-Sign Act because the electronic the delivery of electronic disclosures. includes certain ‘‘trigger terms’’ such as form of the disclosure would not be NCUA is proposing to delete § 707.3(g) a bonus or the annual percentage yield, used to satisfy the regulation’s for the same reasons it proposes to the advertisement must also include disclosure requirements. The proposed delete § 707.10, as discussed below. certain disclosures. Section 707.8 requires that, if an advertisement revisions to § 707.3(a) would also permit Section 707.4 Account Disclosures credit unions to provide the disclosures includes trigger terms, the required by §§ 707.4(a)(2) (disclosures Credit unions generally must provide advertisement itself must ‘‘state’’ the provided upon request) and 707.8 account-opening disclosures to required disclosures ‘‘clearly and (advertising) in electronic form, under members or potential members before conspicuously.’’ Therefore, under the the circumstances in those sections, an account is opened or a service is existing regulation, providing paper without regard to the consent or other provided. Credit unions may delay disclosures for an advertisement in provisions of the E-Sign Act. delivering disclosures if a member or electronic form, or vice versa, would not Section 707.8 currently requires that, potential member is not present at the comply because the disclosures would if certain information is stated in an credit union when the account is not be stated in the advertisement itself. advertisement, or if an advertisement opened or service is provided. Section Comment 8(a)–9 provides that in an promotes the payment of overdrafts, the 707.4(a)(1) provides that, in such cases, electronic advertisement, the required advertisement must also include account-opening disclosures must be disclosures need not be shown on each specified disclosures. The Board mailed or delivered within ten business page where a ‘‘trigger term’’ appears, as believes that, for an advertisement days. The rationale underlying the ten- long as each page includes a cross- accessed by a member or potential day grace period is credit unions cannot reference to the page where the required member in electronic form, permitting provide written disclosures immediately disclosures appear. For example, if a credit unions to provide the required when, for example, an account is ‘‘trigger term’’ appears on a particular disclosures in electronic form without opened by telephone. The proposed rule web page, the additional disclosures regard to the consent and other would clarify credit unions opening may appear on another Web page if provisions of the E-Sign Act will accounts by electronic communication, there is a clear reference to that page, eliminate a potential, significant burden for example, on the internet, may not which may be accomplished, for on electronic commerce without delay providing disclosures under example, by including a link. increasing the risk of harm to members § 707.4(a)(1). The difficulties in The proposed rule would add a new or potential members. This approach providing disclosures for accounts comment 8(a)–11 to clarify that rules will facilitate shopping for deposit opened by mail or telephone do not regarding advertising disclosures products by enabling members or exist for requests to open accounts provided in electronic form would also potential members to receive important received by electronic communication apply to the disclosures described in disclosures at the same time they access using visual text; disclosures can be § 707.11(b), which are incorporated by an advertisement without first having to provided at the same time. Thus, the reference in § 707.8(f). Section 707.8(b) provide consent in accordance with the proposed rule would amend paragraph permits credit unions to state a rate of requirements of the E-Sign Act. (ii) to § 707.4(a)(1) and require return in addition to an annual Requiring members or potential disclosures must be provided before percentage yield (APY), as long as the members to follow the consent accounts are opened using electronic rate is stated in conjunction with, but procedures in the E-Sign Act in order to communication. not more conspicuously than, the APY. access an online advertisement is Section 707.4(a)(2)(i) provides that, if Comment 8(b)–4 states that, in an potentially burdensome and could a member or potential member is not advertisement using electronic discourage members from shopping for present at the credit union when a communication, a member must be able deposit products online. Moreover, request for account disclosures is made, to view both rates simultaneously and because the members or potential the credit union must mail or deliver this requirement is not satisfied if the members are viewing the advertisement the disclosures within a reasonable time member can view the APY only by use online, there appears to be little, if any, after the credit union receives the of a link that takes the member to risk that a member or potential member request. The Board believes ten days is another web location. The proposed rule will be unable to view the disclosures a reasonable time. The rule in would delete Comment 8(b)–4. The online as well. § 707.4(a)(2)(i) allows credit unions to regulatory requirement is to state the Similarly, the current § 707.4(a)(2) mail or deliver disclosures either in rate of return in conjunction with, but requires credit unions to provide paper form or electronically to members not more conspicuously than, the APY, disclosures with account terms and or potential members who are not and this rule applies in the electronic conditions upon request. If a member or present at the credit union when they context as well. The Board believes the potential member is not present at the make their request. Under the proposal, rule can be applied with some flexibility credit union and requests the account to provide the requested disclosures to account for variations in devices disclosures, it appears unnecessary and electronically, the credit union must members may use to view electronic burdensome to require the member or send the disclosures to the member or advertisements. Therefore, using potential member to go through the E- potential member’s e-mail address, or scrolling or links would not necessarily Sign consent procedures before the send a notice alerting the member or fail to comply with the regulation;

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however, credit unions should ensure account-opening, periodic statements, format requirements to help make the electronic advertisements comply with or change in terms. aggregate fee disclosures more effective the equal conspicuousness requirement. Regarding the general disclosure and noticeable to members. The As for the electronic devices members requirement in § 707.3(a), credit unions proposed rule would delete examples of might use to conduct financial would satisfy the requirement for communications that would not trigger transactions, for example, personal providing electronic disclosures in a the aggregate fee disclosure requirement digital assistants, Internet-enabled cell form a member can retain if they are in existing § 707.11(a)(2). Additionally, phones, and other small hand-held provided in a standard electronic format the proposed commentary would clarify devices, the Board believes disclosures that can be downloaded and saved or that the aggregate fee total does not would comply with the ‘‘clear and printed on a home personal computer. include fees for transferring funds from conspicuous’’ requirement as long as Typically, any document that can be another member account to avoid an they are provided in a manner that downloaded by a member can also be overdraft, or fees charged under a would be clear and conspicuous if printed. In a situation where the service subject to 12 CFR part 226 viewed on a typical home personal member is provided electronic (Regulation Z). computer monitor. disclosures through equipment under The intent of the proposed rule is to Section 707.8(e) exempts from some the credit union’s control, such as a provide members who use discretionary disclosure requirements advertisements terminal or kiosk in the credit union’s overdraft services information to help made through broadcast or electronic offices, the credit union could, for them better understand the overdraft media, such as television and radio or example, provide a printer that and returned item costs associated with outdoor billboards. Proposed Comment automatically prints the disclosures. their accounts. The aggregate fee 8(e)(1)(i)–1 would provide this While the Board is not requiring disclosures would benefit members who exemption would not apply to disclosures to be maintained on an overdraw their accounts with some advertisements using electronic internet Web site for any specific time frequency, but do not currently receive communication, such as internet period, the general requirements of the aggregate fee disclosures because their advertisements, which do not have the rule continue to apply to electronic credit union does not promote its same time and space constraints as disclosures, such as the requirement to overdraft service. The Board believes radio or television advertisements. provide disclosures to members at the proposed rule would promote certain specified times and in a form a greater transparency about the terms Section 707.10 Electronic member may keep. The Board expects and costs of overdraft services for all Communication credit unions to maintain disclosures on credit unions. Under the current rule, The proposed rule would delete Web sites for a reasonable period of credit unions that do not promote their § 707.10 that addresses the general time, which may vary depending upon overdraft service may be reluctant to requirements for electronic the particular disclosure, so that provide information about the service communications. The proposed deletion members have an opportunity to access, out of concern that these disclosures does not change applicable legal view, and retain the disclosures. might trigger the aggregate fee requirements under the E-Sign Act and disclosure requirements. The Board Section 707.11 Additional Disclosure has no impact on the general believes the rule will create consistency Requirements Regarding Overdraft applicability of the E-Sign Act to TISA in disclosures and will eliminate disclosures. The E-Sign Act is a self- Services compliance challenges inherent in a effectuating statute and permits any 11(a) Disclosure of Total Fees on regulatory scheme based on a person to use electronic records subject Periodic Statements ‘‘promoting’’ or ‘‘marketing’’ distinction. to the conditions it sets. Additionally, the Board believes this Applicability of Aggregate Fee Sections 707.10(d) and (e) have requirement is appropriate because Disclosures addressed specific timing and delivery overdraft and returned item fees are not requirements for electronic disclosures, Although periodic statements are not as predictable as many other types of such as the requirement to send required under TISA, credit unions that account fees. disclosures to a member’s e-mail provide periodic statements must Members cannot always know when address or post the disclosures on a Web disclose fees or charges imposed on a settlement on any one item will occur, site and send a notice alerting the member account during the statement particularly relative to other member to the disclosures. Section period. 12 CFR 707.6(a)(3). Currently, transactions, where a credit union 707.10(e) has required credit unions to § 707.11(a) requires credit unions that processes items using different methods. take reasonable steps to attempt to promote the payment of overdrafts in an Therefore, and balance inquiries may redeliver returned electronic advertisement to provide on periodic not always contain real-time balance disclosures. Tracking the FRB’s rule, the statements the aggregate dollar amount information. Therefore, members may Board believes these provisions are no totals for overdraft fees and, for returned not realize that one overdrawn item longer necessary or appropriate. item fees, the aggregate totals for both could trigger overdrafts on other Electronic disclosures have evolved as the statement period and the calendar transactions and, thus, may not be able credit unions and members have gained year-to-date. to predict the total fees that will be experience with them. The Board notes, To inform members about the fees charged for any one overdraft however, increased risks to members charged for using discretionary occurrence. When there are multiple with the use of electronic mail related overdraft services and to help them overdrafts, fee amounts may be to data security, identity theft, and better understand the costs associated significant, even though each item may phishing. Accordingly, the Board with their accounts, this proposed rule represent a relatively small dollar believes it is preferable not to mandate would expand § 707.11(a) to require all amount. The aggregate fee disclosures use of any particular means of electronic credit unions, regardless of whether would benefit members by showing the delivery of disclosures, but instead to they promote the payment of overdrafts, total expenditures on overdraft fees for allow credit unions to use whatever to disclose the aggregate fee information the statement period and year, which method may be best suited to particular for the statement period and calendar may encourage members to explore types of disclosure, for example, year-to-date. The rule would also add alternatives that might be less costly.

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The Board further notes some members 11(b) Advertising Disclosures for The Board believes the requirement to are already receiving year-to-date totals Overdraft Services provide a balance not supplemented by from credit unions currently subject to Section 707.11(b)(2) lists the types of overdraft funds should apply equally in the rule; thus, requiring year-to-date communications about the payment of these circumstances to ensure members disclosures for all credit unions will overdrafts not subject to additional are given an accurate account balance. promote consistency of disclosure advertising disclosures under Thus, the proposed rule would delete across credit unions. Because the § 707.11(b)(1). The proposed rule would the reference to the member’s inquiry. proposed rule would expand the expand the list in § 707.11(b)(2) to Funds Included in and Excluded From applicability of the aggregate fee include an opt-out or opt-in notice Balance disclosures to all credit unions, the regarding the credit union’s payment of existing comment 11(a)(3)–1 would be The rule is not intended to define overdrafts or provision of discretionary what funds are available under 12 CFR revised, and comment 11(a)(5)–1 would overdraft services. be deleted. Part 229 (Regulation CC). Accordingly, 11(c) Disclosure of Account Balances to avoid ambiguity, the proposed rule Format of Aggregate Fee Disclosures would add § 707.11(c). As discussed Section 707.11(b)(1) currently below, the proposed rule would not The proposed final rule would add requires credit unions that promote the proximity and format requirements to require disclosures of real-time balances payment of overdrafts to include certain nor otherwise affect what funds a credit enhance the effectiveness of the disclosures in their advertisements disclosures and make them more union considers to be available. about the service to avoid confusion Additionally, the proposed rule noticeable. Aggregate fee disclosures between overdraft services and would not permit credit unions to must be provided in close proximity to traditional lines of credit. In particular, include amounts available under a the fees identified under § 707.6(a)(3). the commentary stated that a credit member’s overdraft line of credit with The Board believes uniform proximity union must include the additional the credit union or funds from a linked requirements are necessary to enable advertising disclosures if it ‘‘discloses account, such as a share savings members to find fee information easily an overdraft limit or includes the dollar account, in the balance disclosure. The so they better understand the costs of amount of an overdraft limit in a Board is concerned that permitting a using the service. Aggregate fee balance disclosed on an automated balance to include funds available disclosures would be provided using a system, such as a telephone response under a member’s overdraft line of format substantially similar to proposed machine, ATM screen or the credit credit or through a transfer from a Sample Form B–10. union’s internet site.’’ 70 FR 72895, member’s share savings or other linked The proposed rule would revise 72901 (December 8, 2005) (adopted account would cause confusion comment 11(a)(1)–3 to clarify that credit without change at 71 FR 24568 (April regarding the amount a member may unions may use terminology such as 26, 2006)). withdraw or spend without incurring an ‘‘returned item fee’’ or ‘‘NSF fee’’ to To facilitate responsible use of overdraft. Thus, the proposal would describe the fees for returning items overdraft services and ensure that revise § 707.11(c) to clarify that a credit unpaid. It also would redesignate members receive accurate information union must disclose a balance that does comment 11(a)(1)–6 as comment about their account balances, the not include: additional amounts the 11(a)(1)–4 and address the issue where proposed rule would provide that the credit union may provide in its a credit union provides a statement for balance credit unions disclose may not discretion to cover an overdraft; funds the current period reflecting that fees include: Any funds it may provide to that will be paid by the credit union imposed during a previous period were cover an overdraft; funds that will be under a service subject to Regulation Z; waived and credited to the account. The paid by the credit union under a service or funds transferred from another comment would provide that, in these subject to Regulation Z; or funds member account. circumstances, credit unions may, but transferred from another member Proposed Comment 11(c)–1 would are not required to, reflect the account. The proposed rule would clarify a credit union may, but need not, adjustment in the total for the calendar permit a credit union to disclose include in the balance funds deposited year-to-date and in the applicable another balance that includes these in the member’s account, such as from statement period. For example, if a additional funds, so long as the credit a check, but that are not yet made credit union assesses a fee in January union prominently states the balance available for withdrawal in accordance and refunds the fee in February, the includes them. with the funds availability rules under credit union could disclose a year-to- Under § 707.11(c) of the proposed Regulation CC. Similarly, the comment date total reflecting the amount rule, if a credit union discloses balance states the balance may, but need not, credited, but it should not affect the information through an automated include any funds a credit union holds total disclosed for the February system, it would be required to disclose to satisfy a prior obligation of the statement period, because the fee was an account balance that excludes funds member, for example, to cover a hold for not assessed in the February statement the credit union may provide to cover an ATM or debit card transaction that period. However, because some credit an overdraft in its discretion, funds that has been authorized but not settled. unions may assess and then waive and will be paid by the credit union under Section 707.11(c) would not require credit a fee within the same statement a service subject to Regulation Z, or credit unions to provide a ‘‘real-time’’ cycle, the comment is revised to clarify funds transferred from another member balance, but would only prohibit credit that, in such a case, the credit union account. For example, although a credit unions from including additional may reflect the adjustment in the total union may add a $500 cushion to the overdraft funds such as a discretionary disclosed for fees imposed during the member’s account balance when overdraft cushion in the disclosed current statement period and for the determining whether to pay an balance. total for the calendar year-to-date. If the overdrawn item, under the proposed credit union assesses and waives the fee rule, the additional $500 would not be Additional Balances in February, the February fee total could included in the balance provided to the The Joint Guidance stated that, if reflect a total net of the waived fee. member through an automated system. more than one balance is provided, a

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credit union should ‘‘separately (and not include funds provided under a disclose through foreign ATMs within prominently) identify the balance credit union’s overdraft service because, the scope of the rule. without the inclusion of overdraft presumably, the member would not The proposed rule would apply only protection.’’ 70 FR at 9132. The have access to those funds. For example, when a credit union chooses to provide proposed rule would permit, but does if a member has $200 in his or her balance information, or when an ATM not require, disclosure of an additional account and has opted out of the credit or other electronic terminal has the balance that includes these additional union’s overdraft service, a second capability to provide a balance only to overdraft funds, which may be useful to balance could not reflect the additional the extent balance information is offered some members. For example, members $100 the credit union might otherwise on an automated system. It would not may wish to receive a balance have provided under the service. If the require credit unions or other automated disclosure indicating how much member is not enrolled in the credit systems owners to provide balance overdraft coverage they have available, union’s overdraft service, but has a line information on automated systems so they can make an informed decision of credit or other overdraft alternative, available to members. The Board regarding a transaction. The proposed the additional balance could continue to believes the compliance burden and rule would permit an additional balance include funds available pursuant to that enforcement challenges associated with to be disclosed, so long as the credit other alternative. monitoring individual conversations union prominently states the balance Similarly, some credit unions may and responses would outweigh the contains additional overdraft funds. provide members the ability to opt out benefits provided by such a rule. To address concerns that members of overdraft services for ATM and debit Therefore, the proposed rule would would be confused if multiple balances card transactions. In this instance, a apply only to balance information are disclosed to them on an automated credit union would continue to offer the disclosed through an automated system. system, new comment 11(c)–2 would overdraft service for other transactions, V. Regulatory Procedures provide guidance on how credit unions such as check transactions. Because the can appropriately identify that an credit union’s overdraft service would Regulatory Flexibility Analysis additional balance includes overdraft be available for some, but not all funds. Comment 11(c)–2 would explain The Board has prepared a regulatory transactions, proposed comment 11(c)– the credit union may not simply state, flexibility analysis as required by the 2 states that, if a credit union discloses for instance, that the second balance is Regulatory Flexibility Act, 5 U.S.C. 601 an additional balance where a member the member’s ‘‘available balance,’’ or et seq. TISA was enacted, in part, for the has opted out of some but not all of the contains ‘‘available funds.’’ Rather, the purpose of requiring clear and uniform credit union’s overdraft services, the credit union would provide enough disclosures regarding deposit account credit union may choose whether to information to convey that the second terms and fees assessable against these include the overdraft funds in the balance includes the overdraft amounts. accounts. These disclosures allow balance. If the credit union chooses to For example, the credit union may state consumers to make meaningful that the balance includes ‘‘overdraft include the overdraft funds in the comparisons between different financial funds.’’ additional balance, however, it would institutions and also allow consumers to Further, the Board notes proposed be required to indicate the additional make informed judgments about the use § 707.11(c) would not affect the existing overdraft funds are not available for all of their accounts. 12 U.S.C. 4301. TISA application of the advertising disclosure transactions. requires the Board to prescribe rules of § 707.11(b). Thus, to the extent Automated Systems regulations to carry out the purpose and a credit union includes the dollar provisions of the statute. 12 U.S.C. amount of a discretionary overdraft Proposed comment 11(c)–3 explains 4308(a)(1), 4311(b). The Board is limit in a disclosed balance on an the balance disclosure requirement proposing revisions to part 707 to automated system, the disclosure would would apply to any automated system address the uniformity and adequacy of continue to be considered an through which the member requests a credit union disclosure of fees advertisement promoting the payment balance, including but not limited to, a associated with overdraft services. of overdrafts. Therefore, credit unions telephone response machine, such as an There are other laws credit unions would provide the disclosures required interactive voice response system, at an must consider when administering an by the current § 707.11(b)(1), including ATM, both on the ATM screen and on overdraft protection program. Although the amount of overdraft fees. The receipts, or on a credit union’s internet other laws and regulations may apply to existing exemption in § 707.11(b)(2) site, other than live chats with an credit union payment of overdrafts, the from these disclosures for ATM receipts account representative. The balance proposed revisions to part 707 do not would also continue to apply. Any disclosure requirements would apply to duplicate or conflict with the receipt containing a second balance account balances a credit union requirements imposed by these laws. including overdraft funds, however, discloses through any ATM. Because The Board has also considered the would be required to prominently state account-holding credit unions have interagency guidance on overdraft that those funds are included and may discretion with respect to the balances protection programs issued in February not simply label the second balance as they provide to an ATM network, they 2005, and has determined that issuance the member’s ‘‘available balance’’ or ultimately determine what additional of the proposed revisions to part 707 is ‘‘available funds.’’ funds, whether from the credit union’s consistent with the interagency Many credit unions currently provide discretionary overdraft service, an guidance. 70 FR 9127 (February 24, members the ability to opt out of or opt overdraft line of credit, or a linked 2005). into their overdraft service. Where a account, are included in those balances. Approximately 3,318 of the credit member has opted out of the credit In other words, the credit union has the unions in the United States that must union’s overdraft service, or where a discretion to provide to the network comply with TISA have assets of $10 credit union offers an opt-in and the only balances that exclude overdraft million or less and, thus, are considered member has not opted in, proposed funds. Thus, the Board believes it is small entities for purposes of the comment 11(c)–2 would also clarify that appropriate to include the information Regulatory Flexibility Act, based on any additional balance disclosed may that account-holding credit unions 2008 call report data. The Board

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believes almost all small credit unions compliance with the rule is required in for each account to which an overdraft that offer accounts where overdraft or particular circumstances. Consistent payment is applied. Certain advertising returned-item fees are imposed with the rule requiring periodic practices would be prohibited, and currently send periodic statements on statement disclosures, the proposed rule additional disclosures in advertisements those accounts, although the number of would also provide safe harbors to for the payment of overdrafts would be small credit unions that promote their specify circumstances when a credit required. Although the proposed rule overdraft services is unknown. For those union would not be required to provide would add these requirements, it is credit unions that do not promote the additional advertising disclosures. expected these revisions would not payment of overdrafts in an Under the proposed rule, credit significantly increase the ongoing advertisement, periodic statement unions would be permitted to provide paperwork burden of credit unions. disclosures would need to be revised to an illustrative list of categories by which Respondents would have a one-time display aggregate overdraft and overdrafts may be created to generally burden to reprogram and update their aggregate returned-item fees for the eliminate the need to provide a change- systems to include these new notice statement period and year to date. All in-terms notice each time a new channel requirements. small credit unions will have to review for creating overdrafts is added. The There are an estimated 7,990 credit and perhaps revise account-opening proposed rule would also provide unions.5 NCUA estimates it will take the disclosures and marketing materials. additional guidance regarding the types respondents, on average, 8 hours or one NCUA’s Office of Small Credit Union of fees that should be included in the business day to make these one-time Initiatives (OSCUI) reviewed the total dollar amount of fees and charges system changes. NCUA estimates proposed rule and concluded the rule imposed on the account for paying respondents will incur a burden of will have minimal impact on small overdrafts and in the total dollar amount 63,920 hours meeting the requirements credit unions. OSCUI stated small credit for returning items unpaid. of this proposed rule. NCUA estimates unions have adequate vendor processing Paperwork Reduction Act that the total, continuing annual burden assistance to comply with the proposed for the Truth in Savings program to be In accordance with the Paperwork delivery, disclosure, and notice 12,064,677 hours. Before this proposed Reduction Act of 1995, 44 U.S.C. 3501 requirements in the rule. It also stated rule, NCUA estimated the annual et seq., the Board has submitted the the proposed rule would result in burden to be 12,076,057 hours. The information collection requirements in greater efficiencies and ensure members annual burden under this proposed rule this proposed rule to the Office of and potential members are not confused would decrease 11,380 burden hours Management and Budget (OMB). The or misled by account disclosures. due to the decrease in the number of The proposed revisions to part 707 NCUA may not conduct or sponsor, and an organization is not required to credit unions. would require all credit unions to NCUA invites comment on: provide more complete information to respond to, this information collection (1) The accuracy of NCUA’s estimate members regarding overdraft services. unless it displays a currently valid OMB of the burden of the information Account-opening disclosures and control number. The current OMB collection; marketing materials would describe control number for the Truth in Savings (2) Ways to minimize the burden of more completely how fees may be program is 3133–0134. This information the information collection on credit triggered. Credit unions that provide collection will be revised to address the unions, including the use of automated overdraft services would be required to requirements of this proposed rule. collection techniques or other forms of separately disclose on periodic The collection of information that information technology; and statements the total dollar amount of would be revised by this rulemaking is (3) Estimates of capital or start-up fees and charges imposed on the found in 12 CFR part 707 and Appendix account for paying overdrafts and the C. This collection is mandatory to costs and costs of operation, total dollar amount for returning items evidence compliance with the maintenance, and purchase of services unpaid. These disclosures would be requirements of part 707 and TISA. 15 to provide information. required for the statement period and U.S.C. 4301 et seq. Credit unions must Interested parties may submit for the calendar year to date for each retain records for twenty-four months. comments regarding the information account to which the service is This regulation applies to all types of collection requirements in this proposed provided. Certain advertising practices credit unions, not just federally-insured rule. Comments should be mailed to would be prohibited, and additional credit unions. Jeryl Fish, Paperwork Clearance Officer, disclosures on advertisements of Under the proposed rule, credit National Credit Union Administration, overdraft services would be required. unions offering certain overdraft 1775 Duke Street, Alexandria, VA The Board is soliciting comment on payment services would be required to 22314–3428; faxed to (703) 518–6319; or how the burden of disclosures on credit provide more complete information sent by e-mail to unions could be minimized. The regarding those services. Account- [email protected]. Please include proposed rule would limit the opening disclosures and other ‘‘Comments on Part 707 Truth in requirement to disclose aggregate totals marketing materials would describe Savings Act Disclosures’’ in the for overdraft and returned-item fees for more completely how fees may be comments header and send them to the statement period and the calendar triggered. Credit unions that offer the NCUA using one of the methods year to date to credit unions that payment of overdrafts would be described above and to: provide ad hoc payments of overdrafts required to separately disclose on NCUA Desk Officer, Office of or promote the payment of overdrafts in periodic statements the total dollar Management and Budget, New an advertisement, thereby encouraging amount of fees and charges imposed on Executive Office Building, Washington, the routine use of the service. It would the account for paying overdrafts and DC 20503, Fax number: (202) 395–6974. also specify certain practices that would the total dollar amount of fees charged not trigger the new overdraft to the account for returning items 5 As of December 31, 2008, there are 7,860 federally-insured credit unions. Privately-insured disclosures. The safe harbors would unpaid. Credit unions would provide credit unions must also comply with Part 707, and provide additional certainty to credit these disclosures for the statement NCUA estimates there are approximately 130 of unions in determining whether period and for the calendar year to date them.

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NCUA will post comments on its Web 2. Section 707.1 is amended by (a)(1)(ii) of this section, if a member or site at http://www.ncua.gov/ revising paragraph (a) to read as follows: potential member is not present at the RegulationsOpinionsLaws/ credit union when the account is proposedregs/proposedregs.html. § 707.1 Authority, purpose, coverage, and opened or the service is provided and effect on state laws. Interested persons may inspect the has not already received the disclosures, comments at NCUA, 1775 Duke Street, (a) Authority. This regulation is the credit union must mail or deliver Alexandria, Virginia 22314, by issued by the National Credit Union the disclosures no later than 10 business appointment. To make an appointment, Administration to implement the Truth days after the account is opened or the call (703) 518–6540, send an e-mail to in Savings Act of 1991 (TISA), service is provided, whichever is earlier. [email protected], or send a facsimile contained in the Federal Deposit (ii) Timing of electronic disclosures. If transmission to (703) 518–6667. Insurance Corporation Improvement Act a member or potential member who is of 1991, 12 U.S.C. 3201 et seq., Public Executive Order 13132 not present at the credit union uses Law 102–242, 105 Stat. 2236. electronic means, for example, an Executive Order 13132 encourages Information collection requirements in Internet Web site, to open an account or independent regulatory agencies to this regulation have been approved by request a service, the disclosures consider the impact of their actions on the Office of Management and Budget required under paragraph (a)(1) of this state and local interests. In adherence to under the provisions of 44 U.S.C. 3501 section must be provided before the fundamental federalism principles, et seq. and have been assigned OMB No. account is opened or the service is NCUA, an independent regulatory 3133–0134. provided. agency as defined in 44 U.S.C. 3502(5), * * * * * (2) Requests. (i) A credit union must voluntarily complies with the executive 3. Section 707.3 is amended by provide account disclosures to a order. The proposed rule would not revising paragraph (a), to read as member or potential member upon have substantial direct effect on the follows, and removing paragraph (g): request. If a member or potential states, on the connection between the § 707.3 General disclosure requirements. member who is not present at the credit national government and the states, or union makes a request, the credit union on the distribution of power and (a) Form. Credit unions must make the disclosures required by §§ 707.4 through must mail or deliver the disclosures responsibilities among the various within a reasonable time after it receives levels of government. NCUA has 707.6 of this part, as applicable, clearly and conspicuously, in writing, and in a the request and may provide the determined this proposed rule does not disclosures in paper form or constitute a policy that has federalism form the member or potential member may keep. Credit unions may provide electronically if the member or potential implications for purposes of the member agrees. executive order. the disclosures required by this part to a member or potential member in * * * * * The Treasury and General Government electronic form, subject to compliance § 707.10 [Removed and Reserved] Appropriations Act, 1999—Assessment with the consent and other applicable of Federal Regulations and Policies on provisions of the Electronic Signatures 4. Section 707.10 is removed and Families in Global and National Commerce Act reserved. 5. Section 707.11 is amended by NCUA has determined that this (E-Sign Act), 15 U.S.C. 7001 et seq. revising the heading, paragraphs (a), proposed rule would not affect family Credit unions may provide the (b)(2)(x) and (b)(2)(xi), and adding well-being within the meaning of disclosures required by §§ 707.4(a)(2) paragraphs (b)(2)(xii) and (c) to read as section 654 of the Treasury and General and 707.8 to a member or potential follows: Government Appropriations Act, 1999, member in electronic form without Public Law 105–277, 112 Stat. 2681 regard to the consent or other provisions § 707.11 Additional disclosure (1998). of the E-Sign Act in the circumstances requirements for overdraft services. set forth in those sections. Disclosures Agency Regulatory Goal for each account offered by a credit (a) Disclosure of total fees on periodic statements—(1) General. A credit union NCUA’s goal is to promulgate clear union may be presented separately or must separately disclose on each and understandable regulations that combined with disclosures for the credit periodic statement, as applicable: impose minimal regulatory burden. The union’s other accounts, as long as it is (i) The total dollar amount for all fees Board requests your comments on clear which disclosures are applicable or charges imposed on the account for whether the rule is understandable and to the member or potential member’s paying checks or other items when there minimally intrusive if implemented as account. are insufficient or unavailable funds and proposed. * * * * * the account becomes overdrawn; and 4. Section 707.4 is amended by List of Subjects in 12 CFR Part 707 (ii) The total dollar amount for all fees republishing paragraph (a)(1)(i) and or charges imposed on the account for Advertising, Consumer protection, revising paragraphs (a)(1)(ii) and returning items unpaid. Credit Unions, Reporting and (a)(2)(i), to read as follows: recordkeeping requirements, Truth in (2) Totals required. The disclosures Savings. § 707.4 Account disclosures. required by paragraph (a)(1) of this For the reasons set forth in the (a) Delivery of account disclosures— section must be provided for the preamble, NCUA amends 12 CFR Part (1) Account opening—(i) General. A statement period and for the calendar 707 and the Official Staff Commentary credit union must provide account year-to-date. as set forth below: disclosures to a member or potential (3) Format requirements. The member before an account is opened or aggregate fee disclosures required by PART 707—TRUTH IN SAVINGS a service is provided, whichever is paragraph (a) of this section must be earlier. A credit union is deemed to disclosed in close proximity to fees 1. The authority citation for part 707 have provided a service when a fee identified under § 707.6(a)(3), using a continues to read as follows: required to be disclosed is assessed. format substantially similar to Sample Authority: 12 U.S.C. 4311. Except as provided in paragraph Form B–10 in appendix B.

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(b) Advertising disclosures for d. In Section 707.8—Advertising, takes the member to the additional overdraft services. *** under (e)(1)(i), paragraph 1. is revised. information. (2) * * * e. Section 707.10—Electronic * * * * * (x) A notice provided to a member, Communication is removed and 11. Additional disclosures in connection such as at an ATM, that completing a reserved. with the payment of overdrafts. The rule in requested transaction may trigger a fee f. In Section 707.11, the heading is § 707.3(a), providing that disclosures for overdrawing an account, or a general revised, (a) heading and (a)(1) heading required by § 707.8 may be provided to the notice that items overdrawing an are revised, and paragraphs (a)(1)–1. and member in electronic form without regard to account may trigger a fee; E-Sign Act requirements, applies to the (a)(1)–2. are removed. disclosures described in § 707.11(b), which (xi) Informational or educational g. In Section 707.11, paragraphs are incorporated by reference in § 707.8(f). materials concerning the payment of (a)(1)–3. through (a)(1)–8. are * * * * * overdrafts if the materials do not redesignated as paragraphs (a)(1)–1. specifically describe the credit union’s through (a)(1)–6, respectively. (e) Exemption for Certain Advertisements overdraft service; or h. In Section 707.11, new paragraphs (e)(1) Certain Media (xii) An opt-out or opt-in notice (a)(1)–2. through (a)(1)–4 are revised. regarding the credit union’s payment of i. In Section 707.11, paragraph (a)(3)– (e)(1)(i) overdrafts or provision of discretionary 1. is revised. 1. Internet advertisements. The exemption overdraft services. j. In Section 707.11, paragraph (a)(5)– for advertisements made through broadcast * * * * * 1. is removed. or electronic media does not extend to (c) Disclosure of account balances. If k. In Section 707.11, new paragraphs advertisements posted on the Internet or sent a credit union discloses balance (c)–1. through (c)–3. are added. by e-mail. information to a member through an The amendments read as follows: * * * * * automated system, the balance may not Appendix C to Part 707—Official Staff Section 707.11 Additional Disclosures include additional amounts that the Interpretations Regarding the Payment of Overdrafts credit union may provide to cover an * * * * * (a) Disclosure of Total Fees on Periodic item when there are insufficient or Statements unavailable funds in the member’s Section 707.4—Account Disclosures account, whether under a service (a)(1) General (a) Delivery of Account Disclosures provided in its discretion, a service * * * * * subject to part 226 of this title * * * * * 2. Fees for paying overdrafts. Credit unions (Regulation Z), or a service to transfer (a)(2) Requests must disclose on periodic statements a total funds from another member account. dollar amount for all fees or charges imposed (a)(2)(i) The credit union may, at its option, on the account for paying overdrafts. The * * * * * credit union must disclose separate totals for disclose additional account balances the statement period and for the calendar that include such additional amounts, if 3. Timing for response. Ten business days is a reasonable time for responding to year-to-date. The total dollar amount the credit union prominently states that requests for account information that includes per-item fees as well as interest any such balance includes such members or potential members do not make charges, daily or other periodic fees, or fees additional amounts and, if applicable, in person, including requests made by charged for maintaining an account in that additional amounts are not electronic means, such as by electronic mail. overdraft status, whether the overdraft is by available for all transactions. 4. Use of electronic means. If a member or check or by other means. It also includes fees 6. Amend Appendix B to part 707, by potential member who is not present at the charged when there are insufficient funds adding B–12 to read as follows: credit union makes a request for account because previously deposited funds are disclosures, including a request made by subject to a hold or are uncollected. It does Appendix B to Part 707—Model Clauses telephone, e-mail, or via the credit union’s not include fees for transferring funds from and Sample Forms Web site, the credit union may send the another member account to avoid an overdraft, or fees charged under a service * * * * * disclosures in paper form or, if the member or potential member agrees, may provide the subject to part 226 of this title (Regulation Z). disclosures electronically, such as to an e- 3. Fees for returning items unpaid. The B–12—AGGREGATE OVERDRAFT AND mail address that the member or potential total dollar amount for all fees for returning RETURNED ITEM FEES SAMPLE FORM member provides for that purpose, or on the items unpaid must include all fees charged credit union’s Web site, without regard to the to the account for dishonoring or returning Total for this Total year- consent or other provisions of the E-Sign Act. checks or other items drawn on the account. period to-date The regulation does not require a credit The credit union must disclose separate union to provide, nor a member or potential totals for the statement period and for the Total Overdraft member to agree to receive, the disclosures calendar year-to-date. Fees imposed when Fees ...... $60.00 $150.00 required by § 707.4(a)(2) in electronic form. deposited items are returned are not Total Returned included. Credit unions may use terminology Item Fees ...... 0.00 30.00 * * * * * such as ‘‘returned item fee’’ or ‘‘NSF fee’’ to Section 707.8—Advertising describe fees for returning items unpaid. 7. In Appendix C to Part 707, the 4. Waived fees. In some cases, a credit following amendments are made: (a) Misleading or Inaccurate Advertisements union may provide a statement for the a. In Section 707.4—Account * * * * * current period reflecting that fees imposed disclosures, under (a)(2)(i), paragraphs 9. Electronic advertising. If an electronic during a previous period were waived and 3. and 4. are revised. advertisement, such as an advertisement credited to the account. Credit unions may, b. In Section 707.8—Advertising, appearing on an Internet Web site, displays but are not required to, reflect the adjustment under (a) Misleading or inaccurate a triggering term, such as a bonus or annual in the total for the calendar year-to-date and percentage yield, the advertisement must in the applicable statement period. For advertisements, paragraph 9. is revised clearly refer the member to the location example, if a credit union assesses a fee in and new paragraph 11. is added. where the additional required information January and refunds the fee in February, the c. In Section 707.8—Advertising, begins. For example, an advertisement that credit union could disclose a year-to-date under (b) Permissible rates, paragraph 4. includes a bonus or annual percentage yield total reflecting the amount credited, but it is removed. may be accompanied by a link that directly should not affect the total disclosed for the

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February statement period, because the fee Where a member has opted out of the credit would clarify requirements on when was not assessed in the February statement union’s discretionary overdraft service, any credit unions file reports with NCUA period. If a credit union assesses and then additional balance disclosed should not online. The proposal also includes waives and credits a fee within the same include funds credit unions provide under provisions that provide alternative cycle, the credit union may, at its option, that service. Where a member has opted out reflect the adjustment in the total disclosed of the credit union’s discretionary overdraft reporting methods for credit unions for fees imposed during the current statement service for some, but not all transactions, e.g., unable to submit online reports. period and for the total for the calendar year- the member has opted out of overdraft DATES: Comments must be received on to-date. Thus, if the credit union assesses and services for ATM and debit card transactions, or before May 26, 2009. a credit union that includes funds from its waives the fee in the February statement ADDRESSES: You may submit comments period, the February fee total could reflect a discretionary overdraft service in the balance total net of the waived fee. should convey that the overdraft funds are by any of the following methods (Please send comments by one method only): * * * * * not available for all transactions. For example, the credit union could state that • Federal eRulemaking Portal: http:// (a)(3) Time Period Covered by Disclosures overdraft funds are not available for ATM www.regulations.gov. Follow the 1. Periodic statement disclosures. The and debit card transactions. instructions for submitting comments. disclosures under § 707.11(a) must be 3. Automated systems. The balance • NCUA Web Site: http:// included on periodic statements provided by disclosure requirement in § 707.11(c) applies www.ncua.gov/news/proposed_regs/ a credit union starting with the first to any automated system through which the proposed_regs.html. Follow the statement period that begins after January 1, member requests a balance, including, but not limited to, a telephone response system, instructions for submitting comments. 2010. For example, if a member’s statement • E-mail: Address to period typically closes on the 15th of each the credit union’s internet site, or an ATM. The requirement applies whether the credit [email protected]. Include ‘‘[Your month, a credit union must provide the name] Comments on Proposed Rule— disclosures required by § 707.11(a)(1) on union discloses a balance through an ATM subsequent periodic statements for that owned or operated by the credit union or Parts 741, 748 and 749’’ in the e-mail through an ATM not owned or operated by subject line. member beginning with the statement • reflecting the period from January 16, 2010 the credit union, including an ATM operated Fax: (703) 518–6319. Use the to February 15, 2010. by an entity that is not a financial institution. subject line described above for e-mail. If the balance is obtained at an ATM, the • * * * * * Mail: Address to Mary Rupp, requirement also applies whether the balance Secretary of the Board, National Credit (c) Disclosure of Account Balances is disclosed on the ATM screen or on a paper receipt. Union Administration, 1775 Duke 1. Balance that does not include additional Street, Alexandria, Virginia 22314– * * * * * amounts. For purposes of the balance 3428. disclosure requirement in § 707.11(c), if a By the National Credit Union • Hand Delivery/Courier: Same as credit union discloses balance information to Administration Board, on March 19, 2009. mail address. a member through an automated system, it Mary F. Rupp, Public inspection: All public must disclose a balance that excludes any funds the credit union may provide to cover Secretary of the Board. comments are available on the agency’s an overdraft pursuant to a discretionary [FR Doc. E9–6728 Filed 3–25–09; 8:45 am] Web site at http://www.ncua.gov/ overdraft service that will be paid by the BILLING CODE 7535–01–P RegulationsOpinionsLaws/ credit union under a service subject to part proposed_regs/comments.html as 226 of this title (Regulation Z) or that will be submitted, except as may not be transferred from another account held NATIONAL CREDIT UNION possible for technical reasons. Public individually or jointly by a member. The ADMINISTRATION comments will not be edited to remove balance may, but need not, include funds any identifying or contact information. that are deposited in the member’s account, 12 CFR Parts 741, 748, and 749 such as from a check, that are not yet made Paper copies of comments may be available for withdrawal in accordance with RIN 3133–AD56 inspected in NCUA’s law library at 1775 the funds availability rules under part 229 of Duke Street, Alexandria, Virginia 22314, the title (Regulation CC). In addition, the Credit Union Reporting by appointment weekdays between 9 balance may, but need not, include funds a.m. and 3 p.m. To make an AGENCY: National Credit Union that are held by the credit union to satisfy a appointment, call (703) 518–6540 or Administration (NCUA). prior obligation of the member, for example, send an e-mail to [email protected]. to cover a hold for an ATM or debit card ACTION: Proposed rule. transaction that has been authorized but for FOR FURTHER INFORMATION CONTACT: which the credit union has not settled. SUMMARY: NCUA is modernizing the Amber Gravius, Risk Management 2. Additional balance. The credit union way insured credit unions submit Officer, Office of Examination and may disclose additional balances reports and other important information Insurance, (703) 518–6360; George supplemented by funds that may be provided and has developed an online, Web- Curtis, Corporate Program Specialist, by the credit union to cover an overdraft, based system to make reporting more Office of Corporate Credit Unions, (703) whether pursuant to a discretionary overdraft efficient and cost effective. The new 518–6640; or Moisette Green, Staff service, a service subject to part 226 of this Attorney, Office of General Counsel, title (Regulation Z), or a service that transfers system will also enhance the accuracy funds from another account held of information by providing a means for (703) 518–6540, National Credit Union individually or jointly by the member, so updating certain data outside the Administration, 1775 Duke Street, long as the credit union prominently states financial reporting cycle. NCUA is Alexandria, Virginia 22314. that any additional balance includes these proposing revisions to its regulations SUPPLEMENTARY INFORMATION: NCUA is additional overdraft amounts. The credit involving reporting procedures and modernizing the way insured credit union may not simply state, for instance, that record retention requirements to unions submit reports and other the second balance is the member’s conform regulatory provisions to the important information. The current ‘‘available balance,’’ or contains ‘‘available funds.’’ Rather, the credit union should new online system. The proposal software used to submit the Report of provide enough information to convey that incorporates into the regulation a Officials and financial reports will be the second balance includes these amounts. statutory requirement on reporting replaced with an integrated, Web-based For example, the credit union may state that changes in senior officials resulting information management system. The the balance includes ‘‘overdraft funds.’’ from election or appointments and online system will make reporting more

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efficient and cost effective, and enhance Current Reporting Process To ensure information is protected, the accuracy of credit union data. As The NCUA Call Report System, users will identify themselves using an discussed below, the new online system including the Report of Officials, is the authentication process requiring a will require revisions to current primary means by which NCUA unique login and password. Once regulations on reporting. Final collects, validates, stores, and reports identified, authenticated users will only amendments will not become effective financial and operational data for be able to access information they are until the online system is implemented. FICUs. NCUA provides internally authorized to view. In addition, all developed software to all FICUs for communication of sensitive information Legal Authority and Current between the credit union’s browser and preparing their Call Report submission. Regulations NCUA’s Web servers will be encrypted The software contains calculation using the industry-standard Secure features and data entry controls to help The Federal Credit Union Act (Act) Sockets Layer (SSL) technology to minimize errors in reporting. Natural grants NCUA broad authority to require prevent others from intercepting and person credit unions submit Call Report federally-insured credit unions (FICUs), accessing confidential credit union data quarterly and corporate credit including corporate credit unions, to information. submit financial data and other unions submit their data monthly. NCUA will no longer issue software to information as required by the NCUA NCUA also provides internally submit data; the online system will Board (Board). 12 U.S.C. 1761, 1766, developed software for FICUs to submit permit credit unions to submit data to 1781, and 1782. Federal credit unions their Report of Officials and certify NCUA from any computer. must file the names and addresses of compliance with the requirements of Additionally, the online system will senior management officials and part 748 in the Report of Officials. A eliminate mailing and printing delays, volunteer officials with NCUA within credit union may submit the Call Report missing pieces to the Call Report packet, 10 days after their election or and Report of Officials data one of four and damaged software CDs. Similar to appointment. 12 U.S.C. 1761(b). ways: (1) Transmit via the internet using the current process, the online system the eSend feature in the software; (2) NCUA has implemented this will provide real-time warnings Send via e-mail as an attachment; (3) throughout the input process to ensure authority in various regulatory Save the file to CD–Rom; or, (4) provisions. NCUA requires FICUs to data integrity. NCUA projects Complete and forward the hardcopy implementing the new system during submit financial reports, reports of form to NCUA. the third quarter of 2009 for natural officials, and other reports. 12 CFR NCUA currently makes a substantial person credit unions. The system will 704.1, 741.6, and 748.1. Section 741.6(a) amount of financial data and other be implemented for corporate credit prescribes the requirements for information about individual credit unions in 2010. financial, statistical, and other reports unions available on the agency Web site. The Report of Officials and Call and, currently, requires natural person The agency Web site generates Financial Report software will be eliminated, and credit unions to file a Financial and Performance Reports and users can all data will be submitted and viewed Statistical Report quarterly, also referred obtain these reports on individual credit through an online Credit Union Profile to as a Call Report and identified as unions or aggregate data on multiple and Call Report. The online profile will NCUA Form 5300. The provisions in credit unions. In addition, NCUA include information NCUA maintains § 741.6 currently do not specify the form publishes a report on Federally Insured about a credit union that infrequently corporate credit unions use; corporate Credit Unions Financial Trends. changes, for example, the credit union credit unions file Call Reports monthly Online Process address(es), phone number(s), list of using NCUA Form 5310. Further, FICUs officials, hours of operation, etc. It will must file a Report of Officials, NCUA The genesis for change comes from also contain some information currently Form 4501, with NCUA annually after NCUA’s interest in increasing collected on the Call Reports, including the election of officials. 12 CFR 748.1(a). efficiency, reducing costs, enhancing disaster recovery information, and In addition to information about a credit accuracy of data, and providing a information systems and technology union’s main location and branches, secure, single access portal where credit information, to eliminate the hours of operation, and identity of and unions can submit, edit, and view data requirement for credit unions to report contact information for senior officials, NCUA collects. NCUA has developed a redundant information each Call Report NCUA Form 4501 also contains a new information management tool cycle. NCUA will provide a real-time certification of FICU compliance with allowing FICUs to submit financial environment for updating information. the requirements of part 748, which reports, information regarding officials, After profile data is entered, subsequent includes catastrophic act reporting, and other information to NCUA through input will only be required for suspicious activity reporting, and a secure, Web-based system. Credit additions, deletions, or changes to the security program and Bank Secrecy Act unions will access the online system via data. the internet from NCUA’s Web site at requirements. Id. The front page of the For efficiency and to make reporting http://www.ncua.gov. For credit unions less burdensome, credit unions will be NCUA Form 4501 states the Report of to use the online system, they must have able to have multiple users to enhance Officials must be filed with the regional a computer, Internet connectivity, the likelihood that profile information is director no later than 10 days after the Internet Explorer 6.0 or higher, and a accurate and updated when necessary election of officials. valid e-mail address. All users of the and the Call Report is submitted timely. Appendix A to Part 749 set out online system will have a login and Additionally, multiple users will be able guidelines for record retention and password they can self-manage and to access the system and complete identifies key operational records FICUs change, and credit union users will only different sections of the Call Report and should retain permanently. 12 CFR Part have access to their own credit union’s profile simultaneously. Credit unions 749, Appendix A, para. E.2. NCUA confidential information. The public unable to use the online system will use Form 5300 or its equivalent is currently will continue to have access to non- a process similar to current practice and identified as an example of these key confidential information without the submit their information on a paper operational records. Id. at para. E(2)(b). need for a login or password. form.

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Periodically, the system will require unions will be required to submit a Appendix A, para. E.2(b). The record users to verify the accuracy of FICU corrected Call Report upon notification retention guidelines do not list the information and complete a series of or the discovery of a need for correction. Report of Officials as a key operational edit checks to ensure all required Credit unions with access to the internet record, but the proposed would include information has been entered into the will make these submissions in the the Credit Union Profile as a record that profile. If any information is missing or online system. Credit unions filing FICUs should retain permanently. is incomplete, the user will receive an manually will complete the paper form. error message. To assist credit unions The proposal requires credit unions to Regulatory Procedures with this process, all required areas of update the information in the profile Regulatory Flexibility Act within 10 days of the election or the profile will be outlined in the online The Regulatory Flexibility Act instructions as well as the paper form appointment of senior management or requires NCUA to prepare an analysis to instructions. volunteer officials or within 30 days of describe any significant economic NCUA has been providing any change of information in the profile. information about the transition to the After the Credit Union Profile data is impact any regulation may have on a online system since early 2008. These initially entered, subsequent input will substantial number of small entities. 5 initiatives include presentations at trade only be required for additions, U.S.C. 603(a). For purposes of this association conferences, credit union deletions, or changes to the data. The analysis, NCUA considers credit unions workshops, credit union league events, Act requires federal credit unions to file having under $10 million in assets as an NCUA Newsletter article, an alert on a record of the names and addresses of small entities. Interpretive Ruling and the NCUA Credit Union Data Web page, the executive officers, loan officers, and Policy Statement 03–2, 68 FR 31949 and a Frequently Asked Questions supervisory and credit committee (May 29, 2003). As of December 31, posted on NCUA’s Web site at http:// members with NCUA within 10 days 2008, NCUA estimates there are www.ncua.gov/OnlineFAQ.pdf. after their election or appointment. 12 approximately 7,860 federally-insured, Additionally, NCUA has consulted with U.S.C. 1761(b). This requirement has natural person credit unions. the National Association of State Credit been part of the Report of Officials; Approximately 3,318 of them have less Union Supervisors while developing the however, the proposed rule would than $10 million in assets. NCUA online system. NCUA intends to incorporate the requirement expressly estimates out of 28 corporate credit conduct presentations about the online in the regulation. Additionally, to unions, one is a small entity. This system throughout 2009 similar to the ensure the accuracy of the information proposed rule would directly affect all 2008 initiatives. when there is a change in the profile small FICUs. Therefore, NCUA has information unrelated to an election or determined this proposed rule will have The Proposal appointment of officials, the proposal an impact on a substantial number of To clarify reporting procedures and would require FICUs to update their small entities. record retention requirements, NCUA is Credit Union Profile within 30 days of NCUA has determined, however, the proposing revisions to §§ 741.6 and any change to its contents. Credit economic impact on entities affected by 748.1, and Appendix A to part 749. unions with access to the internet will the proposed rule will not be Section 741.6 would clarify when FICUs make these corrections using the online significant. The proposed rule will must update their Credit Union Profiles system, and credit unions filing reduce the regulatory burden on FICUs and add a provision addressing manually will complete the paper form. that submit their financial reports, corporate credit unions and the NCUA FICUs will continue to certify Credit Union Profile, and other Form 5310. Additionally, the proposed compliance with Part 748. Under the information online. NCUA is also rule would amend § 748.1 to clarify the current § 748.1(a), the president or other proposing alternate methods, similar to compliance report filing requirements managing official of a FICU must sign the current practices, for FICUs without for FICUs using the online system and and date the compliance statement in internet access to submit information. for FICUs filing reports manually. FICUs the Report of Officials. NCUA adopted Additionally, NCUA’s Office of Small that cannot certify compliance online this requirement to improve the Credit Union Initiatives has reviewed would certify compliance in writing on detection, investigation, and the proposal and concluded it would the new Credit Union Profile form, prosecution of fraud in FICUs. 50 FR have a moderate impact on small credit NCUA Form 4501A. Finally, the 53294 (December 31, 1985). The unions, but contained sufficient proposed rule would update the record proposed rule retains this requirement provisions to mitigate the impact and retention guidelines in Appendix A of and clarifies compliance reporting will would result in greater efficiencies for Part 749 and include the new Credit be completed within the Credit Union all credit unions. Accordingly, NCUA Union Profile form as a key operational Profile. A president or managing official certifies the proposed rule would not record that should be retained may direct any of the FICU’s online have a significant economic impact on permanently. system users to certify the compliance small entities, but invites comment on Natural person and corporate credit statement; the Board notes, however, the the proposal’s economic impact and unions will continue to file Call Report president or managing official is suggestions on how to minimize it. data in the same time frames as they personally responsible for ensuring and Paperwork Reduction Act currently do, and credit unions with certifying the FICU has complied with access to the internet will submit their the security program, disaster recovery, In accordance with section 3512 of data online. If a credit union has Bank Secrecy Act, and other the Paperwork Reduction Act of 1995, computer interruptions or does not have requirements in Part 748. 44 U.S.C. 3501–3521 (PRA), NCUA may access to the internet, it will be required Finally, the proposed rule would not conduct or sponsor, and the to complete paper forms and return address the record retention guidelines. respondent is not required to respond them to NCUA or, for federally insured Appendix A to Part 749 set out to, an information collection unless it state chartered credit unions, their State guidelines for record retention and displays a currently valid Office of Supervisory Authority, for input into identifies the Call Report as a key Management and Budget (OMB) control the online system. If submitted Call operational record that FICUs should number. The information collection Report data is not accurate, credit retain permanently. 12 CFR Part 749, requirements contained in this proposed

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rule have been submitted to OMB for All comments will become a matter of addresses of volunteer and management review and approval under section 3507 public record. officials, a regulatory compliance of the PRA and § 1320.11 of OMB’s Comments should be addressed to certification, and record retention implementing regulations. 5 CFR Jeryl Fish, Paperwork Clearance Officer, guidelines. These information 1320.11. The requirements are found in National Credit Union Administration, collections have previously been 12 CFR 741.6, 748.1, and Appendix A 1775 Duke Street, Alexandria, VA approved by OMB, but will require to Part 749. Comments are invited on: 22314–3428; send a facsimile to (703) revisions due to this rulemaking. a. Whether the collection of 518–6319; or send an e-mail to Call Reports. The information information is necessary for the proper [email protected]. Please submit collection in Call Reports for natural performance of the NCUA’s functions, information collection comments by one person credit unions, NCUA Form 5300, including whether the information has method. NCUA will post comments on practical utility; its Web site at http://www.ncua.gov/ is currently approved under OMB b. The accuracy of the estimates of the RegulationsOpinionsLaws/ Control Number 3133–0004. Credit burden of the information collection, proposedregs/proposedregs.html. unions with access to the internet including the validity of the Interested persons may inspect the would submit the Call Report quarterly methodology and assumptions used; comments at NCUA, 1775 Duke Street, using a Web-based information c. Ways to enhance the quality, Alexandria, Virginia 22314, by management system. For efficiency, utility, and clarity of the information to appointment. To make an appointment, credit unions can have multiple users to be collected; call (703) 518–6540, send an e-mail to ensure the Call Report is submitted d. Ways to minimize the burden of the [email protected], or send a facsimile timely. A one-time training burden is information collection on respondents, transmission to (703) 518–6667. added for training employees or including through the use of automated Under the Act, FICUs must submit volunteers on the online system. Credit collection techniques or other forms of certain reports and information to unions unable to use the online system information technology; and NCUA, as required by the Board. 12 would submit the NCUA Form 5300 in e. Estimates of capital or start up costs U.S.C. 1761, 1766, 1781, and 1782. The accordance with the form’s instructions. and costs of operation, maintenance, information collections in the proposed The burden associated with this and purchase of services to provide rule involve financial reports, Credit information collection is summarized as information. Union Profiles containing names and follows:

Current Estimate Difference

Respondents ...... 8,871 7,860 (7,100 online; 760 manually) ...... ¥1,011 Annual responses ...... 35,484 31,440 ...... ¥4,044 Time per response (hours) ...... 6.6 3 (online) ...... ¥3.6 6.6 (manual) ......

Total time per respondent (hours) ...... 26.4 14–26.4 ...... ¥12.4

Total annual burden (hours) ...... 234,194 20,064–99,400 ...... ¥134,794

Total annual cost ($) ...... 5,548,000 2,670,000 ...... ¥2,878,000

One-time training (hours) ...... 2

The change in burden is due to a under OMB Control Number 3133–0067. added for training employees or decrease in the number of natural Corporate credit unions would submit volunteers on the online system. If a person credit unions and the use of the Call Report monthly using the Web- corporate credit union is unable to use online methods to submit the NCUA based, information management system the online system, it would submit the Form 5300. beginning in 2010. For efficiency, credit NCUA Form 5310 in accordance with The information collection in Call unions can have multiple users to the form’s instructions. The burden Reports for corporate credit unions, ensure the Call Report is submitted associated with this information NCUA Form 5310, is currently approved timely. A one-time training burden is collection is summarized as follows:

Current Estimate Difference

Respondents ...... 30 28 ¥2 Annual responses ...... 360 336 ¥24 Time per response (hours) ...... 2 1 ¥1

Total time per respondent (hours) ...... 24 12 ¥12

Total annual burden (hours) ...... 720 336 ¥384

Total annual cost ($) ...... 10,800 5,400 ¥5,400

One-time training (hours) ...... 2

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The change in burden is due to the Profile within 10 days of an election or training burden is added for training decrease in the number of corporate appointment of volunteer officials or 30 employees or volunteers on the online credit unions due to mergers. days of any profile information changes. system and a one-time initial input Report of Officials/Credit Union NCUA is unable to know exactly how burden is added for credit unions to Profile. The Report of Officials, NCUA often FICUs will update the Credit enter their officials, main office and Form 4501, is currently approved under Union Profile and estimates FICUs will branch information, and other required OMB Control Number 3133–0053. The update the profile information no more data. FICUs that are unable to update NCUA Form 4501 will be revised to than four times a year. the profile online could submit the include all information collected in the Currently, the Report of Officials NCUA Form 4501 or its equivalent in online Credit Union Profile. The Credit contains a statement of compliance accordance with the instructions. The Union Profile Form, NCUA Form regarding the security requirements in 4501A, will replace NCUA Form 4501 part 748. The Credit Union Profile will credit union president or managing when the corporate credit unions begin contain a similar certification, and the official would be required to sign and using the online system in 2010. To president or managing official of each date the NCUA Form 4501 or its enhance the accuracy of critical FICU will be required to complete the equivalent. The burden associated with information NCUA maintains and certification annually. this information collection is comply with the statutory requirement, For efficiency, credit unions can have summarized as follows: all FICUs with access to the internet multiple users to ensure profile would update the new Credit Union information is updated. A one-time

Current Estimate Difference

Respondents ...... 8,871 7,888 (7,128 online; 760 manually) ...... ¥983 Annual responses ...... 8,871 31,552 ...... 22,681 Time per response (hours) ...... 1 .5–1 ...... ¥.5 Total time per respondent (hours) ...... 8,871 15,776–31,552 ...... 6,905–22,681

Total annual burden (hours) ...... 8,871 35,496–102,544 ...... 26.625–93,673

One-time training (hours) ...... 5–1

One-time input (hours) ...... 2–8

The change in burden is due to the Records Preservation. Part 749 equivalent, to the list of key operational frequency credit unions will submit and requires all FICUs to have a records records and update the guidelines in update Credit Union Profile information preservation program. Appendix A to Appendix A to clarify that FICUs should and the time required for initial input of Part 749 contains guidelines for the permanently retain one copy of each data into the system. NCUA estimates it retention of key operating records. Credit Union Profile report quarterly. will take the majority of credit unions FICUs should permanently retain FICUs are not required to submit any two hours or less to enter their profile certain key operating records, including information to NCUA under the records data. To enhance the accuracy of critical one copy of each NCUA 5300, 5310, or preservation program, but may incur a information NCUA maintains, credit its equivalent. The current information cost for storage of information. NCUA unions would be required to update collection is approved under OMB estimates the cost of storage is $10—$25 profile information within 10 days of an Control Number 3133–0032. The per credit union. The burden associated election or appointment of volunteer proposed rule would add the Credit with this information collection is officials, or 30 days of any change. Union Profile, NCUA Form 4501 or its summarized as follows:

Current Estimate Difference

Respondents ...... 8,420 7,888 ...... ¥532 Time for recordkeeping (hours) ...... 2 1–2 ...... ¥1

Total annual burden (hours) ...... 16,930 7,888–15,776 ...... ¥9,042–¥1,154

Total annual cost ($) ...... 84,200 78,880–197,200 ...... 113,000

The change in burden is due to a Executive Order 13132 national government and the states, or change in the number of FICUs and the Executive Order 13132 encourages on the distribution of power and cost of storing vital and key operating independent regulatory agencies to responsibilities among the various records. The annual cost will vary per consider the impact of their actions on levels of government. NCUA has institution based on the cost to store state and local interests. In adherence to determined this proposed rule does not these records electronically or hard- fundamental federalism principles, constitute a policy that has federalism copy. NCUA estimates the majority of NCUA, an independent regulatory implications for purposes of the credit unions will store these records agency as defined in 44 U.S.C. 3502(5), executive order. electronically and there will be no voluntarily complies with the executive additional burden on credit unions. order. The proposed rule would not have a substantial direct effect on the states, on the connection between the

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The Treasury and General Government reports in accordance with the E. * * * Appropriations Act, 1999—Assessment instructions. 2. * * * of Federal Regulations and Policies on (1) Credit Union Profile. Insured (b) One copy of each financial report, Families credit unions must submit to NCUA a NCUA Form 5300 or 5310, or their Credit Union Profile, NCUA Form 4501 equivalent, and the Credit Union Profile NCUA has determined that this report, NCUA Form 4501, or its equivalent as or its equivalent, within 10 days after an proposed rule would not affect family submitted to NCUA at the end of each election or appointment of senior well-being within the meaning of quarter. management or volunteer officials or section 654 of the Treasury and General within 30 days of any change of the * * * * * Government Appropriations Act, 1999, information in the profile. [FR Doc. E9–6727 Filed 3–25–09; 8:45 am] Public Law 105–277, 112 Stat. 2681 (2) Financial and statistical report. BILLING CODE 7535–01–P (1998). Natural person credit unions must file a Agency Regulatory Goal Call Report with NCUA quarterly in DEPARTMENT OF TRANSPORTATION NCUA’s goal is to promulgate clear accordance with the instructions in the NCUA Form 5300. Corporate credit and understandable regulations that Federal Aviation Administration impose minimal regulatory burden. We unions must file a Corporate Credit Union Call Report with NCUA monthly request your comments on whether the 14 CFR Part 39 proposed amendment is understandable in accordance with the instructions in and minimally intrusive, if the NCUA Form 5310. Credit unions [Docket No. FAA–2009–0262; Directorate implemented as proposed. must submit a corrected Call Report Identifier 2008–NM–208–AD] upon notification or the discovery of a List of Subjects need for correction. RIN 2120–AA64 12 CFR Part 741 * * * * * Airworthiness Directives; Airbus Model A330–201, –202, –203, –223, –243, Credit unions, Reporting and PART 748—SECURITY PROGRAM, –301, –302, –303, –321, –322, –323, recordkeeping requirements, Share REPORT OF SUSPECTED CRIMES, –341, –342, and –343 Airplanes insurance. SUSPICIOUS TRANSACTIONS, 12 CFR Part 748 CATASTROPHIC ACTS AND BANK AGENCY: Federal Aviation SECRECY ACT COMPLIANCE Administration (FAA), DOT. Credit unions, Reporting and ACTION: recordkeeping requirements, Security 3. The authority for part 748 Notice of proposed rulemaking measures. continues to read as follows: (NPRM). 12 CFR Part 749 Authority: 12 U.S.C. 1766(a), 1786(q); 15 SUMMARY: We propose to adopt a new U.S.C. 6801 and 6805(b); 31 U.S.C. 5311 and airworthiness directive (AD) for the Archives and records, Credit unions, 5318. products listed above. This proposed Reporting and recordkeeping 4. Amend § 748.1 by revising AD results from mandatory continuing requirements. paragraph (a) to read as follows: airworthiness information (MCAI) By the National Credit Union originated by an aviation authority of Administration Board, on March 19, 2009. § 748.1 Filing of reports. another country to identify and correct Mary F. Rupp, (a) The president or managing official an unsafe condition on an aviation Secretary of the Board. of each federally-insured credit union product. The MCAI describes the unsafe must certify compliance with the condition as: For the reasons stated above, NCUA requirements of this Part in its Credit proposes to amend 12 CFR parts 741, Union Profile annually. Credit unions During receipt of spare parts at the final 748, and 749 as follows: assembly line, it was discovered that lugs of that cannot update their profile online the assembly nut * * * had been inverted PART 741—REQUIREMENTS FOR must certify compliance in writing in (wrong orientation of the braking pin) during INSURANCE accordance with the instructions on manufacturing process at the supplier. NCUA Form 4501 or its equivalent. The * * * This lug inversion could give the 1. The authority for part 741 credit union president or managing illusion of correct torque whereas the continues to read as follows: official must sign and date the written affected parts are not properly connected. Authority: 12 U.S.C. 1757, 1766(a), 1781– certification. Loose connection could lead to loss of the 1790, and 1790d; 31 U.S.C. 3717. fire extinguishing system integrity and * * * * * therefore inability to ensure the adequate 2. Amend § 741.6 by removing PART 749—RECORDS agent concentration. In combination with an paragraph (d) and revising paragraph (a) engine fire event, it could result in a PRESERVATION PROGRAM AND to read as follows: temporary uncontrolled engine fire, which APENDICES—RECORD RETENTION constitutes an unsafe condition. § 741.6 Financial and statistical and other GUIDELINES; CATASTROPHIC ACT reports. PREPAREDNESS GUIDELINES * * * * * (a) Upon written notice from the The proposed AD would require 5. The authority for part 749 Board, Regional Director, or Director of actions that are intended to address the continues to read as follows: the Office of Corporate Credit Unions, unsafe condition described in the MCAI. insured credit unions must file financial Authority: 12 U.S.C. 1766, 1783, and 1789; DATES: We must receive comments on and other reports in accordance with the 15 U.S.C. 7001(d). this proposed AD by April 27, 2009. instructions in the notice. Credit unions Appendix A to Part 749 [Amended] ADDRESSES: You may send comments by with the capacity to do so must use any of the following methods: 6. Amend Appendix A to Part 749 by • NCUA’s information management revising paragraph E.2.(b) to read as Federal eRulemaking Portal: Go to system to submit their data online. If a follows: http://www.regulations.gov. Follow the credit union is unable to use the instructions for submitting comments. information system, it must file written * * * * * • Fax: (202) 493–2251.

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• Mail: U.S. Department of www.regulations.gov, including any MCAI and service information Transportation, Docket Operations, M– personal information you provide. We referenced above. We are proposing this 30, West Building Ground Floor, Room will also post a report summarizing each AD because we evaluated all pertinent W12–140, 1200 New Jersey Avenue SE., substantive verbal contact we receive information and determined an unsafe Washington, DC 20590. about this proposed AD. condition exists and is likely to exist or • Hand Delivery: U.S. Department of develop on other products of the same Discussion Transportation, Docket Operations, M– type design. 30, West Building Ground Floor, Room The European Aviation Safety Agency Differences Between This AD and the W12–40, 1200 New Jersey Avenue SE., (EASA), which is the Technical Agent MCAI or Service Information Washington, DC, between 9 a.m. and 5 for the Member States of the European p.m., Monday through Friday, except Community, has issued EASA We have reviewed the MCAI and Federal holidays. Airworthiness Directive 2008–0196, related service information and, in For service information identified in dated October 27, 2008 (referred to after general, agree with their substance. But this proposed AD, contact Airbus SAS— this as ‘‘the MCAI’’), to correct an unsafe we might have found it necessary to use Airworthiness Office—EAL, 1 Rond condition for the specified products. different words from those in the MCAI Point Maurice Bellonte, 31707 Blagnac The MCAI states: to ensure the AD is clear for U.S. Cedex, France; fax +33 5 61 93 45 80, During receipt of spare parts at the final operators and is enforceable. In making e-mail airworthiness.A330– assembly line, it was discovered that lugs of these changes, we do not intend to differ [email protected]. You may review the assembly nut, part number (P/N) substantively from the information copies of the referenced service A2621005000200, had been inverted (wrong provided in the MCAI and related information at the FAA, Transport orientation of the braking pin) during service information. Airplane Directorate, 1601 Lind manufacturing process at the supplier. We might also have proposed The assembly nut P/N A2621005000200 is Avenue, SW., Renton, Washington. For different actions in this AD from those part of the engine fire-extinguishing piping in the MCAI in order to follow FAA information on the availability of this assembly. It connects the extinguisher material at the FAA, call 425–227–1221 discharge head with the piping. The lugs policies. Any such differences are or 425–227–1152. function is to prevent the connection highlighted in a NOTE within the untwisting once it has been hand-tightened proposed AD. Examining the AD Docket with the correct torque. This lug inversion Costs of Compliance You may examine the AD docket on could give the illusion of correct torque the Internet at http:// whereas the affected parts are not properly Based on the service information, we www.regulations.gov; or in person at the connected. estimate that this proposed AD would Loose connection could lead to loss of the Docket Operations office between 9 a.m. affect about 4 products of U.S. registry. fire extinguishing system integrity and We also estimate that it would take and 5 p.m., Monday through Friday, therefore inability to ensure the adequate except Federal holidays. The AD docket about 9 work-hours per product to agent concentration. In combination with an comply with the basic requirements of contains this proposed AD, the engine fire event, it could result in a regulatory evaluation, any comments temporary uncontrolled engine fire, which this proposed AD. The average labor received, and other information. The constitutes an unsafe condition. rate is $80 per work-hour. Based on street address for the Docket Operations To restore connection integrity, this these figures, we estimate the cost of the office (telephone (800) 647–5527) is in Airworthiness Directive (AD) requires a one- proposed AD on U.S. operators to be the ADDRESSES section. Comments will time general visual inspection of the affected $2,880, or $720 per product. nut assembly to detect and correct any wrong be available in the AD docket shortly orientation of lugs. Authority for This Rulemaking after receipt. The corrective actions include a Title 49 of the United States Code FOR FURTHER INFORMATION CONTACT: temporary repair (restoration) and specifies the FAA’s authority to issue Vladimir Ulyanov, Aerospace Engineer, replacing the fire extinguisher bottle nut rules on aviation safety. Subtitle I, International Branch, ANM–116, assembly with the braking pin in the section 106, describes the authority of Transport Airplane Directorate, FAA, inverted position, if necessary. the FAA Administrator. ‘‘Subtitle VII: 1601 Lind Avenue, SW., Renton, You may obtain further information Aviation Programs,’’ describes in more Washington 98057–3356; telephone by examining the MCAI in the AD detail the scope of the Agency’s (425) 227–1138; fax (425) 227–1149. docket. authority. SUPPLEMENTARY INFORMATION: We are issuing this rulemaking under Relevant Service Information Comments Invited the authority described in ‘‘Subtitle VII, Airbus has issued Mandatory Service Part A, Subpart III, Section 44701: We invite you to send any written Bulletin A330–26–3043, including General requirements.’’ Under that relevant data, views, or arguments about Appendices 01, 2, and 3, dated October section, Congress charges the FAA with this proposed AD. Send your comments 7, 2008. The actions described in this promoting safe flight of civil aircraft in to an address listed under the service information are intended to air commerce by prescribing regulations ADDRESSES section. Include ‘‘Docket No. correct the unsafe condition identified for practices, methods, and procedures FAA–2009–0262; Directorate Identifier in the MCAI. the Administrator finds necessary for 2008–NM–208–AD’’ at the beginning of safety in air commerce. This regulation FAA’s Determination and Requirements your comments. We specifically invite is within the scope of that authority of This Proposed AD comments on the overall regulatory, because it addresses an unsafe condition economic, environmental, and energy This product has been approved by that is likely to exist or develop on aspects of this proposed AD. We will the aviation authority of another products identified in this rulemaking consider all comments received by the country, and is approved for operation action. closing date and may amend this in the United States. Pursuant to our proposed AD based on those comments. bilateral agreement with the State of Regulatory Findings We will post all comments we Design Authority, we have been notified We determined that this proposed AD receive, without change, to http:// of the unsafe condition described in the would not have federalism implications

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under Executive Order 13132. This Subject (i) If the inspection was done on or after proposed AD would not have a (d) Air Transport Association (ATA) of the effective date of this AD: Submit the substantial direct effect on the States, on America Code 26: Fire Protection. report within 30 days after the inspection. (ii) If the inspection was accomplished the relationship between the national Reason Government and the States, or on the prior to the effective date of this AD: Submit distribution of power and (e) The mandatory continuing the report within 30 days after the effective airworthiness information (MCAI) states: date of this AD. responsibilities among the various During receipt of spare parts at the final levels of government. assembly line, it was discovered that lugs of FAA AD Differences For the reasons discussed above, I the assembly nut, part number (P/N) certify this proposed regulation: A2621005000200, had been inverted (wrong Note 1: This AD differs from the MCAI and/or service information as follows: No 1. Is not a ‘‘significant regulatory orientation of the braking pin) during manufacturing process at the supplier. differences. action’’ under Executive Order 12866; The assembly nut P/N A2621005000200 is 2. Is not a ‘‘significant rule’’ under the part of the engine fire-extinguishing piping Other FAA AD Provisions DOT Regulatory Policies and Procedures assembly. It connects the extinguisher (g) The following provisions also apply to (44 FR 11034, February 26, 1979); and discharge head with the piping. The lugs this AD: 3. Will not have a significant function is to prevent the connection (1) Alternative Methods of Compliance untwisting once it has been hand-tightened economic impact, positive or negative, (AMOCs): The Manager, International with the correct torque. This lug inversion on a substantial number of small entities could give the illusion of correct torque Branch, ANM–116, FAA, has the authority to under the criteria of the Regulatory whereas the affected parts are not properly approve AMOCs for this AD, if requested Flexibility Act. connected. using the procedures found in 14 CFR 39.19. We prepared a regulatory evaluation Loose connection could lead to loss of the Send information to ATTN: Vladimir of the estimated costs to comply with fire extinguishing system integrity and Ulyanov, Aerospace Engineer, International this proposed AD and placed it in the therefore inability to ensure the adequate Branch, ANM–116, Transport Airplane AD docket. agent concentration. In combination with an Directorate, FAA, 1601 Lind Avenue, SW., engine fire event, it could result in a Renton, Washington 98057–3356; telephone List of Subjects in 14 CFR Part 39 temporary uncontrolled engine fire, which (425) 227–1138; fax (425) 227–1149. Before constitutes an unsafe condition. using any approved AMOC on any airplane Air transportation, Aircraft, Aviation To restore connection integrity, this safety, Incorporation by reference, Airworthiness Directive (AD) requires a one- to which the AMOC applies, notify your Safety. time general visual inspection of the affected principal maintenance inspector (PMI) or nut assembly to detect and correct any wrong principal avionics inspector (PAI), as The Proposed Amendment orientation of lugs. appropriate, or lacking a principal inspector, Accordingly, under the authority The corrective actions include a temporary your local Flight Standards District Office. repair (restoration) and replacing the fire delegated to me by the Administrator, (2) Airworthy Product: For any extinguisher bottle nut assembly with the requirement in this AD to obtain corrective the FAA proposes to amend 14 CFR part braking pin in the inverted position, if actions from a manufacturer or other source, 39 as follows: necessary. use these actions if they are FAA-approved. PART 39—AIRWORTHINESS Actions and Compliance Corrective actions are considered FAA- DIRECTIVES (f) Unless already done, do the following approved if they are approved by the State actions: of Design Authority (or their delegated 1. The authority citation for part 39 (1) Within 900 flight hours after the agent). You are required to assure the product continues to read as follows: effective date of this AD, perform a general is airworthy before it is returned to service. visual inspection to detect any wrong (3) Reporting Requirements: For any Authority: 49 U.S.C. 106(g), 40113, 44701. orientation of the lugs of the fire extinguisher reporting requirement in this AD, under the § 39.13 [Amended] bottle nut assembly of both engines, and do provisions of the Paperwork Reduction Act, all applicable corrective actions specified in 2. The FAA amends § 39.13 by adding the Office of Management and Budget (OMB) paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, in has approved the information collection the following new AD: accordance with the Accomplishment requirements and has assigned OMB Control Instructions of Airbus Mandatory Service Airbus: Docket No. FAA–2009–0262; Number 2120–0056. Directorate Identifier 2008–NM–208–AD. Bulletin A330–26–3043, dated October 7, 2008. Related Information Comments Due Date (i) Before further flight, if the correct nut (h) Refer to MCAI European Aviation (a) We must receive comments by April 27, assembly is available, replace the fire Safety Agency (EASA) Airworthiness 2009. extinguisher bottle nut assembly. (ii) Before further flight, if the correct nut Directive 2008–0196, dated October 27, 2008; Affected ADs assembly is not available, do the temporary and Airbus Mandatory Service Bulletin (b) None. repair; and within 900 flight hours after A330–26–3043, including Appendices 01, 2, doing the repair, replace the fire extinguisher and 3, dated October 7, 2008, for related Applicability bottle nut assembly with the correct one. information. (c) This AD applies to Airbus Model A330– (2) Submit a report of the findings of the 201, –202, –203, –223, –243, –301, –302, inspection required by paragraph (f)(1) of this Issued in Renton, Washington, on March –303, –321, –322, –323, –341, –342, and –343 AD using Appendix 01 of Airbus Mandatory 17, 2009. airplanes, certificated in any category; having Service Bulletin A330–26–3043, dated Ali Bahrami, serial numbers 0845, 0850, 0851, 0852, 0853, October 7, 2008, at the applicable time Manager, Transport Airplane Directorate, 0854, 0855, 0857, 0858, 0859, 0860, 0861, specified in paragraph (f)(2)(i) or (f)(2)(ii) of Aircraft Certification Service. 0862, 0863, 0865, 0866, 0867, 0868, 0869, this AD. Send the report to Airbus 0871, 0873, 0875, 0876, 0877, 0879, 0881, Department SEEE6, Airbus Customer [FR Doc. E9–6739 Filed 3–25–09; 8:45 am] 0882, 0883, 0884, 0885, 0887, 0888, 0889, Services Directorate, 1 Rond Point Maurice BILLING CODE 4910–13–P 0890, 0892, 0893, 0895, 0896, 0898, 0899, Bellonte, 31707 Blagnac Cedex France, 0900, 0901, 0903, 0904, 0905, 0906, 0907, ATTN: SDC32 Technical Data and 0908, 0909, 0911, 0913, 0914, 0915, 0916, Documentation Services; fax: 33 5 61 93 28 0918, 0919, 0920, 0922, 0923, and 0951. 06; e-mail: [email protected].

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DEPARTMENT OF TRANSPORTATION may review copies of the referenced system. The seals Part Number (P/N) service information at the FAA, MS29513–325, near the de-icing valves Federal Aviation Administration Transport Airplane Directorate, 1601 (12H1) and (12H2) in frame 33 area, do not Lind Avenue, SW., Renton, Washington. have the proper temperature rating. 14 CFR Part 39 The consequences, in the area of the hot air For information on the availability of leak, are risks of ignition of potential [Docket No. FAA–2009–0263; Directorate this material at the FAA, call 425–227– hydraulic leaks. Identifier 2008–NM–137–AD] 1221 or 425–227–1152. The purpose of this AD is to verify that seals with correct temperature rating have RIN 2120–AA64 Examining the AD Docket been installed on Mystere-Falcon 20–( )5 You may examine the AD docket on airplanes. Airworthiness Directives; Dassault the Internet at http:// The corrective action includes Model Mystere-Falcon 20–C5, 20–D5, www.regulations.gov; or in person at the replacing the left and right seals near 20–E5, and 20–F5 Airplanes Docket Operations office between 9 a.m. de-icing valves (12H1) and (12H2) in AGENCY: Federal Aviation and 5 p.m., Monday through Friday, frame area 33. You may obtain further Administration (FAA), DOT. except Federal holidays. The AD docket information by examining the MCAI in contains this proposed AD, the the AD docket. ACTION: Notice of proposed rulemaking regulatory evaluation, any comments (NPRM). received, and other information. The Relevant Service Information SUMMARY: We propose to adopt a new street address for the Docket Operations Dassault has issued Service Bulletin airworthiness directive (AD) for the office (telephone (800) 647–5527) is in F20–766, dated October 31, 2005. The products listed above. This proposed the ADDRESSES section. Comments will actions described in this service AD results from mandatory continuing be available in the AD docket shortly information are intended to correct the airworthiness information (MCAI) after receipt. unsafe condition identified in the originated by an aviation authority of FOR FURTHER INFORMATION CONTACT: Tom MCAI. another country to identify and correct Rodriguez, Aerospace Engineer, FAA’s Determination and Requirements an unsafe condition on an aviation International Branch, ANM–116, of This Proposed AD product. The MCAI describes the unsafe Transport Airplane Directorate, FAA, This product has been approved by condition as: 1601 Lind Avenue, SW., Renton, the aviation authority of another This Airworthiness Directive (AD) is Washington 98057–3356; telephone (425) 227–1137; fax (425) 227–1149. country, and is approved for operation issued following the discovery of hot air in the United States. Pursuant to our leaks when operating the wing anti-icing SUPPLEMENTARY INFORMATION: bilateral agreement with the State of system. The seals Part Number (P/N) Design Authority, we have been notified MS29513–325, near the de-icing valves Comments Invited of the unsafe condition described in the (12H1) and (12H2) in frame 33 area, do not We invite you to send any written MCAI and service information have the proper temperature rating. The relevant data, views, or arguments about referenced above. We are proposing this consequences, in the area of the hot air leak, this proposed AD. Send your comments are risks of ignition of potential hydraulic AD because we evaluated all pertinent to an address listed under the leaks. information and determined an unsafe ADDRESSES section. Include ‘‘Docket No. condition exists and is likely to exist or * * * * * FAA–2009–0263; Directorate Identifier develop on other products of the same The proposed AD would require 2008–NM–137–AD’’ at the beginning of type design. actions that are intended to address the your comments. We specifically invite unsafe condition described in the MCAI. comments on the overall regulatory, Differences Between This AD and the DATES: We must receive comments on economic, environmental, and energy MCAI or Service Information this proposed AD by April 27, 2009. aspects of this proposed AD. We will We have reviewed the MCAI and ADDRESSES: You may send comments by consider all comments received by the related service information and, in any of the following methods: closing date and may amend this general, agree with their substance. But • Federal eRulemaking Portal: Go to proposed AD based on those comments. we might have found it necessary to use http://www.regulations.gov. Follow the We will post all comments we different words from those in the MCAI instructions for submitting comments. receive, without change, to http:// to ensure the AD is clear for U.S. • Fax: (202) 493–2251. www.regulations.gov, including any operators and is enforceable. In making • Mail: U.S. Department of personal information you provide. We these changes, we do not intend to differ Transportation, Docket Operations, M– will also post a report summarizing each substantively from the information 30, West Building Ground Floor, Room substantive verbal contact we receive provided in the MCAI and related W12–140, 1200 New Jersey Avenue, SE., about this proposed AD. service information. Washington, DC 20590. Discussion We might also have proposed • Hand Delivery: U.S. Department of different actions in this AD from those Transportation, Docket Operations, M– The European Aviation Safety Agency in the MCAI in order to follow FAA 30, West Building Ground Floor, Room (EASA), which is the Technical Agent policies. Any such differences are W12–40, 1200 New Jersey Avenue, SE., for the Member States of the European highlighted in a NOTE within the Washington, DC, between 9 a.m. and 5 Community, has issued EASA proposed AD. p.m., Monday through Friday, except Airworthiness Directive 2008–0123, Federal holidays. dated July 2, 2008 (referred to after this Costs of Compliance For service information identified in as ‘‘the MCAI’’), to correct an unsafe Based on the service information, we this proposed AD, contact Dassault condition for the specified products. estimate that this proposed AD would Falcon Jet, P.O. Box 2000, South The MCAI states: affect about 187 products of U.S. Hackensack, New Jersey 07606; This Airworthiness Directive (AD) is registry. We also estimate that it would telephone 201–440–6700; Internet issued following the discovery of hot air take about 1 work-hour per product to http://www.dassaultfalcon.com. You leaks when operating the wing anti-icing comply with the basic requirements of

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this proposed AD. The average labor PART 39—AIRWORTHINESS (1) Alternative Methods of Compliance rate is $80 per work-hour. Based on DIRECTIVES (AMOCs): The Manager, International these figures, we estimate the cost of the Branch, ANM–116, FAA, has the authority to proposed AD on U.S. operators to be 1. The authority citation for part 39 approve AMOCs for this AD, if requested continues to read as follows: using the procedures found in 14 CFR 39.19. $14,960, or $80 per product. Send information to ATTN: Tom Rodriguez, Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking Aerospace Engineer, International Branch, § 39.13 [Amended] ANM–116, Transport Airplane Directorate, Title 49 of the United States Code FAA, 1601 Lind Avenue, SW., Renton, specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding Washington 98057–3356; telephone (425) rules on aviation safety. Subtitle I, the following new AD: 227–1137; fax (425) 227–1149. Before using section 106, describes the authority of Dassault Aviation (Formerly Avions Marcel any approved AMOC on any airplane to the FAA Administrator. ‘‘Subtitle VII: Dassault-Breguet Aviation (AMD/BA)): which the AMOC applies, notify your Aviation Programs,’’ describes in more Docket No. FAA–2009–0263; Directorate appropriate principal maintenance inspector detail the scope of the Agency’s Identifier 2008–NM–137–AD. (PMI) or principal avionics inspector (PAI), authority. as appropriate, or lacking a principal Comments Due Date inspector, your local Flight Standards District We are issuing this rulemaking under (a) We must receive comments by April 27, Office. the authority described in ‘‘Subtitle VII, 2009. (2) Airworthy Product: For any Part A, Subpart III, Section 44701: requirement in this AD to obtain corrective General requirements.’’ Under that Affected ADs actions from a manufacturer or other source, section, Congress charges the FAA with (b) None. use these actions if they are FAA-approved. Corrective actions are considered FAA- promoting safe flight of civil aircraft in Applicability air commerce by prescribing regulations approved if they are approved by the State for practices, methods, and procedures (c) This AD applies to Mystere-Falcon 20– of Design Authority (or their delegated C5, 20–D5, 20–E5, and 20–F5 airplanes, the Administrator finds necessary for agent). You are required to assure the product certificated in any category, without Dassault is airworthy before it is returned to service. safety in air commerce. This regulation Service Bulletin F20–766 implemented. (3) Reporting Requirements: For any is within the scope of that authority Subject reporting requirement in this AD, under the because it addresses an unsafe condition provisions of the Paperwork Reduction Act, that is likely to exist or develop on (d) Air Transport Association (ATA) of the Office of Management and Budget (OMB) products identified in this rulemaking America Code 30: Ice and Rain Protection. has approved the information collection action. Reason requirements and has assigned OMB Control Number 2120–0056. Regulatory Findings (e) The mandatory continuing airworthiness information (MCAI) states: Related Information We determined that this proposed AD This Airworthiness Directive (AD) is (h) Refer to MCAI EASA Airworthiness would not have federalism implications issued following the discovery of hot air Directive 2008–0123, dated July 2, 2008; and under Executive Order 13132. This leaks when operating the wing anti-icing Dassault Service Bulletin F20–766, dated proposed AD would not have a system. The seals Part Number (P/N) October 31, 2005; for related information. substantial direct effect on the States, on MS29513–325, near the de-icing valves (12H1) and (12H2) in frame 33 area, do not Issued in Renton, Washington, on March the relationship between the national 18, 2009. Government and the States, or on the have the proper temperature rating. Ali Bahrami, distribution of power and The consequences, in the area of the hot air leak, are risks of ignition of potential responsibilities among the various Manager, Transport Airplane Directorate, hydraulic leaks. Aircraft Certification Service. levels of government. The purpose of this AD is to verify that [FR Doc. E9–6735 Filed 3–25–09; 8:45 am] For the reasons discussed above, I seals with correct temperature rating have certify this proposed regulation: been installed on Mystere-Falcon 20-( )5 BILLING CODE 4910–13–P 1. Is not a ‘‘significant regulatory airplanes. action’’ under Executive Order 12866; The corrective action includes replacing 2. Is not a ‘‘significant rule’’ under the the left and right seals near de-icing valves DEPARTMENT OF TRANSPORTATION (12H1) and (12H2) in frame area 33. DOT Regulatory Policies and Procedures Federal Aviation Administration (44 FR 11034, February 26, 1979); and Actions and Compliance 3. Will not have a significant (f) Unless already done, within 7 months 14 CFR Part 39 economic impact, positive or negative, after the effective date of this AD, perform an on a substantial number of small entities inspection for a red line marking on each of [Docket No. FAA–2009–0264; Directorate under the criteria of the Regulatory the Wiggins couplings that are located near Identifier 2008–NM–174–AD] Flexibility Act. the de-icing valves (12H1) and (12H2), in RIN 2120–AA64 We prepared a regulatory evaluation accordance with Dassault Service Bulletin of the estimated costs to comply with F20–766, dated October 31, 2005. If a red line Airworthiness Directives; Airbus Model this proposed AD and placed it in the is not found, prior to further flight, replace A330–300, A340–200, and A340–300 AD docket. the seals to the left and right Wiggins Series Airplanes couplings, in accordance with Dassault List of Subjects in 14 CFR Part 39 Service Bulletin F20–766, dated October 31, AGENCY: Federal Aviation Air transportation, Aircraft, Aviation 2005. Administration (FAA), DOT. safety, Incorporation by reference, FAA AD Differences ACTION: Notice of proposed rulemaking Safety. Note 1: This AD differs from the MCAI (NPRM). The Proposed Amendment and/or service information as follows: No Differences. SUMMARY: We propose to adopt a new Accordingly, under the authority airworthiness directive (AD) for the delegated to me by the Administrator, Other FAA AD Provisions products listed above. This proposed the FAA proposes to amend 14 CFR part (g) The following provisions also apply to AD results from mandatory continuing 39 as follows: this AD: airworthiness information (MCAI)

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originated by an aviation authority of Internet http://www.airbus.com. You Discussion another country to identify and correct may review copies of the referenced an unsafe condition on an aviation service information at the FAA, The European Aviation Safety Agency product. The MCAI describes the unsafe Transport Airplane Directorate, 1601 (EASA), which is the Technical Agent condition as: Lind Avenue, SW., Renton, Washington. for the Member States of the European For information on the availability of Community, has issued EASA One Long Range operator experienced a Airworthiness Directive 2008–0160, failure of one spoiler servo-control, this material at the FAA, call 425–227– associated with surface deflection in flight 1221 or 425–227–1152. dated August 22, 2008 (referred to after and hydraulic leak. On ground, this servo- this as ‘‘the MCAI’’), to correct an unsafe control Part Number (P/N) MZ4306000–02X Examining the AD Docket condition for the specified products. was found with the maintenance cover You may examine the AD docket on The MCAI states: broken. Investigations showed that the the Internet at http:// One Long Range operator experienced a rupture of the maintenance cover was due to failure of one spoiler servo-control, pressure pulse fatigue. www.regulations.gov; or in person at the * * * The rupture of the maintenance Docket Operations office between 9 a.m. associated with surface deflection in flight cover in flight may result in the deflection of and 5 p.m., Monday through Friday, and hydraulic leak. On ground, this servo- the associated spoiler surface up to the null- except Federal holidays. The AD docket control Part Number (P/N) MZ4306000–02X was found with the maintenance cover hinge position (loss of the hydraulic locking). contains this proposed AD, the It may also result in the loss of the associated broken. Investigations showed that the regulatory evaluation, any comments rupture of the maintenance cover was due to hydraulic system (external leakage). In the received, and other information. The worst case, the three hydraulic systems may pressure pulse fatigue. be affected, which constitutes an unsafe street address for the Docket Operations The maintenance cover allows switching condition. office (telephone (800) 647–5527) is in the servo-control from ‘‘Operational’’ to the ADDRESSES section. Comments will ‘‘Maintenance’’ modes. The same cover is * * * * * be available in the AD docket shortly installed on all standard MZ spoiler servo- Loss of the three hydraulic systems after receipt. controls except on P/N MZ4339390–12 and could result in reduced controllability MZ4306000–12, which have a reinforced FOR FURTHER INFORMATION CONTACT: of the airplane. The proposed AD would maintenance cover. The rupture of the Vladimir Ulyanov, Aerospace Engineer, require actions that are intended to maintenance cover in flight may result in the International Branch, ANM–116, deflection of the associated spoiler surface up address the unsafe condition described Transport Airplane Directorate, FAA, to the null-hinge position (loss of the in the MCAI. 1601 Lind Avenue, SW., Renton, hydraulic locking). It may also result in the DATES: We must receive comments on Washington 98057–3356; telephone loss of the associated hydraulic system this proposed AD by April 27, 2009. (425) 227–1138; fax (425) 227–1149. (external leakage). In the worst case, the three ADDRESSES: You may send comments by hydraulic systems may be affected, which SUPPLEMENTARY INFORMATION: any of the following methods: constitutes an unsafe condition. • Federal eRulemaking Portal: Go to Comments Invited For the reasons described above, this EASA http://www.regulations.gov. Follow the AD requires the identification and the modification of all standard MZ spoiler instructions for submitting comments. We invite you to send any written • relevant data, views, or arguments about servo-controls with initial maintenance cover Fax: (202) 493–2251. (P/N MZ4339390–01X, –02X, –10X for • Mail: U.S. Department of this proposed AD. Send your comments to an address listed under the position 1 and P/N MZ4306000–01X, 02X, Transportation, Docket Operations, M– –10X for positions 2 to 6) into standard MZ 30, West Building Ground Floor, Room ADDRESSES section. Include ‘‘Docket No. servo-controls with reinforced maintenance W12–140, 1200 New Jersey Avenue, SE., FAA–2009–0264; Directorate Identifier cover (P/N MZ4339390–12 for position 1 and Washington, DC 20590. 2008–NM–174–AD’’ at the beginning of P/N MZ4306000–12 for positions 2 to 6). • Hand Delivery: U.S. Department of your comments. We specifically invite Transportation, Docket Operations, M– comments on the overall regulatory, Loss of the three hydraulic systems 30, West Building Ground Floor, Room economic, environmental, and energy could result in reduced controllability W12–40, 1200 New Jersey Avenue, SE., aspects of this proposed AD. We will of the airplane. You may obtain further Washington, DC, between 9 a.m. and 5 consider all comments received by the information by examining the MCAI in p.m., Monday through Friday, except closing date and may amend this the AD docket. Federal holidays. proposed AD based on those comments. Relevant Service Information For service information identified in We will post all comments we this proposed AD, contact Airbus SAS— receive, without change, to http:// Airbus has issued the service Airworthiness Office—EAL, 1 Rond www.regulations.gov, including any information described in the following Point Maurice Bellonte, 31707 Blagnac personal information you provide. We table. The actions described in this Cedex, France; telephone +33 5 61 93 36 will also post a report summarizing each service information are intended to 96; fax +33 5 61 93 45 80, e-mail substantive verbal contact we receive correct the unsafe condition identified airworthiness.A330–[email protected]; about this proposed AD. in the MCAI.

SERVICE INFORMATION

Service Bulletin Revision level Date

Airbus Mandatory Service Bulletin A330–27A3154 ...... 01 ...... July 25, 2008. Airbus Service Bulletin A330–27–3110 ...... 02 ...... March 2, 2007. Airbus Mandatory Service Bulletin A340–27A4154 ...... 01 ...... July 25, 2008. Airbus Service Bulletin A340–27–4115 ...... 01 ...... March 2, 2007.

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FAA’s Determination and Requirements is within the scope of that authority (1) Airbus Model A330–301, –302, –303, of This Proposed AD because it addresses an unsafe condition –321, –322, –323, –341, –342, and –343 that is likely to exist or develop on airplanes, manufacturer serial numbers This product has been approved by (MSNs) up to and including MSN 588, except the aviation authority of another products identified in this rulemaking those on which Airbus Service Bulletin country, and is approved for operation action. A330–27–3110 has been embodied in service. in the United States. Pursuant to our Regulatory Findings (2) Airbus Model A340–211, –212, –213, bilateral agreement with the State of –311, –312, and –313 airplanes, MSNs up to Design Authority, we have been notified We determined that this proposed AD and including MSN 598, except those on of the unsafe condition described in the would not have federalism implications which Airbus Service Bulletin A340–27– 4115 has been embodied in service. MCAI and service information under Executive Order 13132. This referenced above. We are proposing this proposed AD would not have a Subject substantial direct effect on the States, on AD because we evaluated all pertinent (d) Air Transport Association (ATA) of information and determined an unsafe the relationship between the national America Code 27: Flight controls. Government and the States, or on the condition exists and is likely to exist or Reason develop on other products of the same distribution of power and type design. responsibilities among the various (e) The mandatory continuing levels of government. airworthiness information (MCAI) states: Differences Between This AD and the For the reasons discussed above, I One Long Range operator experienced a MCAI or Service Information certify this proposed regulation: failure of one spoiler servo-control, 1. Is not a ‘‘significant regulatory associated with surface deflection in flight We have reviewed the MCAI and and hydraulic leak. On ground, this servo- related service information and, in action’’ under Executive Order 12866; control Part Number (P/N) MZ4306000–02X general, agree with their substance. But 2. Is not a ‘‘significant rule’’ under the was found with the maintenance cover we might have found it necessary to use DOT Regulatory Policies and Procedures broken. Investigations showed that the different words from those in the MCAI (44 FR 11034, February 26, 1979); and rupture of the maintenance cover was due to to ensure the AD is clear for U.S. 3. Will not have a significant pressure pulse fatigue. operators and is enforceable. In making economic impact, positive or negative, The maintenance cover allows switching these changes, we do not intend to differ on a substantial number of small entities the servo-control from ‘‘Operational’’ to ‘‘Maintenance’’ modes. The same cover is substantively from the information under the criteria of the Regulatory Flexibility Act. installed on all standard MZ spoiler servo- provided in the MCAI and related controls except on P/N MZ4339390–12 and service information. We prepared a regulatory evaluation MZ4306000–12, which have a reinforced We might also have proposed of the estimated costs to comply with maintenance cover. The rupture of the different actions in this AD from those this proposed AD and placed it in the maintenance cover in flight may result in the in the MCAI in order to follow FAA AD docket. deflection of the associated spoiler surface up to the null-hinge position (loss of the policies. Any such differences are List of Subjects in 14 CFR Part 39 highlighted in a NOTE within the hydraulic locking). It may also result in the proposed AD. Air transportation, Aircraft, Aviation loss of the associated hydraulic system safety, Incorporation by reference, (external leakage). In the worst case, the three Costs of Compliance Safety. hydraulic systems may be affected, which constitutes an unsafe condition. Based on the service information, we The Proposed Amendment For the reasons described above, this EASA estimate that this proposed AD would AD requires the identification and the affect 16 products of U.S. registry. We Accordingly, under the authority modification of all standard MZ spoiler also estimate that it would take between delegated to me by the Administrator, servo-controls with initial maintenance cover 1 work-hour per product to comply with the FAA proposes to amend 14 CFR part (P/N MZ4339390–01X, –02X, –10X for the basic requirements of this proposed 39 as follows: position 1 and P/N MZ4306000–01X, 02X, AD. The average labor rate is $80 per –10X for positions 2 to 6) into standard MZ work-hour. Based on these figures, we PART 39—AIRWORTHINESS servo-controls with reinforced maintenance estimate the cost of the proposed AD on DIRECTIVES cover (P/N MZ4339390–12 for position 1 and P/N MZ4306000–12 for positions 2 to 6). U.S. operators to be $1,280, or $80 per 1. The authority citation for part 39 Loss of the three hydraulic systems could product. continues to read as follows: result in reduced controllability of the Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. airplane. Actions and Compliance Title 49 of the United States Code § 39.13 [Amended] specifies the FAA’s authority to issue (f) Unless already done, do the following 2. The FAA amends § 39.13 by adding actions. rules on aviation safety. Subtitle I, the following new AD: section 106, describes the authority of (1) For airplanes that have accumulated the FAA Administrator. ‘‘Subtitle VII: Airbus: Docket No. FAA–2009–0264; more than 8,500 total flight cycles since first Directorate Identifier 2008–NM–174–AD. flight as of the effective date of this AD: Do Aviation Programs,’’ describes in more the actions required by paragraphs (f)(1)(i) detail the scope of the Agency’s Comments Due Date and (f)(1)(ii) of this AD, as applicable. authority. (a) We must receive comments by April 27, (i) Within 3 months after the effective date We are issuing this rulemaking under 2009. of this AD: Identify the part number of the authority described in ‘‘Subtitle VII, spoiler servo-controls installed on the Part A, Subpart III, Section 44701: Affected ADs airplane at all positions in order to determine General requirements.’’ Under that (b) None. the number of affected hydraulic circuits in accordance with the Accomplishment section, Congress charges the FAA with Applicability promoting safe flight of civil aircraft in Instructions of Airbus Mandatory Service (c) This AD applies to Airbus Model A330– Bulletin A330–27A3154, Revision 01; or air commerce by prescribing regulations 300, A340–200, and A340–300 series Airbus Mandatory Service Bulletin A340– for practices, methods, and procedures airplanes; certificated in any category, except 27A4154, Revision 01; both dated July 25, the Administrator finds necessary for those identified in paragraph (c)(1) and (c)(2) 2008, as applicable. If there is no spoiler safety in air commerce. This regulation of this AD. servo-control installed with a part number

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identified in Table 1 of this AD, no further Service Bulletin A330–27–3110, Revision 02; Airbus Service Bulletin A330–27–3110, action is required by this paragraph. or Airbus Service Bulletin A340–27–4115, Revision 02; or Airbus Service Bulletin (ii) If there is any spoiler servo-control Revision 01; both dated March 2, 2007, as A340–27–4115, Revision 01; both dated installed with a part number identified in applicable. March 2, 2007, as applicable. Table 1 of this AD, do all applicable actions (iii) Within 18 months after the effective (5) For airplanes that have accumulated required by paragraph (f)(2), (f)(3), or (f)(4) of date of this AD: Modify the remaining less than or equal to 8,500 total flight cycles this AD. affected spoiler servo-controls in accordance since first flight as of the effective date of this with the Accomplishment Instructions of AD: Do the actions required by paragraphs TABLE 1—SPOILER SERVO-CONTROL Airbus Service Bulletin A330–27–3110, (f)(5)(i) and (f)(5)(ii) of this AD, as applicable. Revision 02; or Airbus Service Bulletin PART NUMBERS (i) Within 9 months after the effective date A340–27–4115, Revision 01; both dated of this AD: Do the actions specified in March 2, 2007, as applicable. Position 1 Positions 2 through 6 paragraph (f)(1)(i) of this AD. If there is no (3) If two affected hydraulic circuits are spoiler servo-control installed with a part identified during the inspection required by number identified in Table 1 of this AD, no MZ4339390–01X ...... MZ4306000–01X. paragraph (f)(1) of this AD, do the actions further action is required by this paragraph. MZ4339390–02X ...... MZ4306000–02X. required by paragraphs (f)(3)(i) and (f)(3)(ii) (ii) If there is any spoiler servo-control MZ4339390–10X ...... MZ4306000–10X. of this AD, at the time specified: (i) Before the accumulation of 10,800 total installed with a part number identified in (2) If three affected hydraulic circuits are flight cycles since first flight, or within 6 Table 1 of this AD: Within 18 months after identified during the inspection required by months after accomplishing the requirements the effective date of this AD, modify all the paragraph (f)(1) of this AD, do the actions in paragraph (f)(1)(i) of this AD, whichever affected spoiler servo-controls in accordance required by paragraphs (f)(2)(i), (f)(2)(ii), and occurs later: Modify the affected spoiler with the Accomplishment Instructions of (f)(2)(iii) of this AD, at the time specified. servo-controls on one hydraulic circuit in Airbus Service Bulletin A330–27–3110, (i) Before the accumulation of 10,400 total accordance with the Accomplishment Revision 02; or Airbus Service Bulletin flight cycles since first flight, or within 3 Instructions of Airbus Service Bulletin A330– A340–27–4115, Revision 01; both dated months after accomplishing the requirements 27–3110, Revision 02; or Airbus Service March 2, 2007, as applicable. of paragraph (f)(1)(i) of this AD, whichever Bulletin A340–27–4115, Revision 01; both (6) As of the effective date of this AD, no occurs later: Modify the affected spoiler dated March 2, 2007, as applicable. person may install any spoiler servo-control servo-controls on one hydraulic circuit in (ii) Within 18 months after the effective with a part number identified in Table 1 of accordance with the Accomplishment date of this AD: Modify the remaining this AD on any aircraft as a replacement part, Instructions of Airbus Service Bulletin A330– affected spoiler servo-controls in accordance unless the part has been modified in 27–3110, Revision 02; or Airbus Service with the Accomplishment Instructions of accordance with the Accomplishment Bulletin A340–27–4115, Revision 01; both Airbus Service Bulletin A330–27–3110, Instructions of Airbus Service Bulletin A330– dated March 2, 2007, as applicable. Revision 02; or Airbus Service Bulletin 27–3110, Revision 02; or Airbus Service (ii) Before the accumulation of 10,800 total A340–27–4115, Revision 01; both dated Bulletin A340–27–4115, Revision 01; both flight cycles since first flight, or within 6 March 2, 2007, as applicable. dated March 2, 2007, as applicable. months after accomplishing the requirements (4) If one affected hydraulic circuit is (7) Actions accomplished before the in paragraph (f)(1)(i) of this AD, whichever identified during the inspection required by effective date of this AD in accordance with occurs later: Modify the affected spoiler paragraph (f)(1) of this AD: Within 18 months the service bulletins specified in Table 2 of servo-controls on the second hydraulic after the effective date of this AD, modify the this AD are considered acceptable for circuit in accordance with the affected spoiler servo-controls in accordance compliance with the corresponding Accomplishment Instructions of Airbus with the Accomplishment Instructions of requirements of this AD.

TABLE 2—CREDIT SERVICE INFORMATION

Service Bulletin Revision level Date

Airbus Service Bulletin A330–27–3110 ...... Original ...... November 28, 2003. Airbus Service Bulletin A330–27–3110 ...... 01 ...... March 26, 2004. Airbus Service Bulletin A340–27–4115 ...... Original ...... November 28, 2003.

FAA AD Differences Branch, ANM–116, Transport Airplane agent). You are required to assure the product Directorate, FAA, 1601 Lind Avenue, SW., is airworthy before it is returned to service. Note 1: This AD differs from the MCAI Renton, Washington 98057–3356; telephone (3) Reporting Requirements: For any and/or service information as follows: No (425) 227–1138; fax (425) 227–1149. Before differences. reporting requirement in this AD, under the using any approved AMOC on any airplane provisions of the Paperwork Reduction Act, to which the AMOC applies, notify your Other FAA AD Provisions the Office of Management and Budget (OMB) principal maintenance inspector (PMI) or has approved the information collection (g) The following provisions also apply to principal avionics inspector (PAI), as this AD: appropriate, or lacking a principal inspector, requirements and has assigned OMB Control (1) Alternative Methods of Compliance your local Flight Standards District Office. Number 2120–0056. (AMOCs): The Manager, International (2) Airworthy Product: For any Related Information Branch, ANM–116, Transport Airplane requirement in this AD to obtain corrective Directorate, FAA, has the authority to actions from a manufacturer or other source, (h) Refer to European Aviation Safety approve AMOCs for this AD, if requested use these actions if they are FAA-approved. Agency Airworthiness Directive 2008–0160, using the procedures found in 14 CFR 39.19. Corrective actions are considered FAA- dated August 22, 2008, and the service Send information to ATTN: Vladimir approved if they are approved by the State bulletins specified in Table 3 of this AD, for Ulyanov, Aerospace Engineer, International of Design Authority (or their delegated related information.

TABLE 3—SERVICE INFORMATION

Revision Service Bulletin level Date

Airbus Mandatory Service Bulletin A330–27A3154 ...... 01 July 25, 2008.

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TABLE 3—SERVICE INFORMATION—Continued

Revision Service Bulletin level Date

Airbus Service Bulletin A330–27–3110 ...... 02 March 2, 2007. Airbus Mandatory Service Bulletin A340–27A4154 ...... 01 July 25, 2008. Airbus Service Bulletin A340–27–4115 ...... 01 March 2, 2007.

Issued in Renton, Washington, on March Washington, DC 20426, (202) 502– ensure smart-grid functionality and 18, 2009. 6569, [email protected]. interoperability in the interstate Ali Bahrami, SUPPLEMENTARY INFORMATION: transmission of electric power and in Manager, Transport Airplane Directorate, Before Commissioners: Jon Wellinghoff, regional and wholesale electricity Aircraft Certification Service. Acting Chairman; Suedeen G. Kelly, markets. The development and [FR Doc. E9–6734 Filed 3–25–09; 8:45 am] Marc Spitzer, and Philip D. Moeller. implementation of these interoperability BILLING CODE 4910–13–P standards is a challenging task, which Proposed Policy Statement and Action requires the efforts of industry, the Plan states and other federal agencies, in DEPARTMENT OF ENERGY Issued March 19, 2009. addition to the Commission. The Commission intends to use its authority, Federal Energy Regulatory 1. The Commission is issuing this in coordination and cooperation with Commission proposed policy statement to articulate other governmental entities, to help its policies and near-term priorities to achieve interoperability in a timely 18 CFR Chapter I help achieve the modernization of the manner. Achievement of Nation’s electric transmission system, [Docket No. PL09–4–000] interoperability will not only increase one aspect of which is ‘‘Smart Grid’’ the efficiency of the bulk-power system, development. Smart Grid advancements Smart Grid Policy with the goal of achieving long-term will apply digital technologies to the consumer savings, but will also enable Issued March 19, 2009. grid, and enable real-time coordination demand response and other consumer AGENCY: Federal Energy Regulatory of information from generation supply transactions and activities that give Commission, DOE. resources, demand resources,1 and 2 consumers the tools to better control ACTION: Proposed policy statement and distributed energy resources (DER). their electric energy costs. Reaching this action plan. This will bring new efficiencies to the goal will also help promote the electric system through improved integration of significant new renewable SUMMARY: This proposed policy communication and coordination power into the transmission system and statement and action plan provides between utilities and with the grid, help state and federal initiatives to guidance to inform the development of which will translate into savings in the promote greater reliance on renewable a smarter grid for the Nation’s electric provision of electric service. Ultimately power and meet future demand growth transmission system focusing on the the smart grid will facilitate consumer to satisfy the Nation’s energy needs. development of key standards to transactions and allow consumers to 2. The purpose of the policy statement achieve interoperability of smart grid better manage their electric energy costs. the Commission ultimately adopts will devices and systems. The Commission These technologies will also enhance be to prioritize the development of key also proposes a rate policy for the the ability to ensure the reliability of the interoperability standards, provide interim period until interoperability bulk-power system. The Commission’s guidance to the electric industry standards are adopted. Smart grid interest and responsibilities in this area regarding the need for full cybersecurity investments that demonstrate system derive from its authority over the rates, for Smart Grid projects, and provide an security and compliance with terms and conditions of transmission interim rate policy under which Commission-approved Reliability and wholesale sales in interstate jurisdictional public utilities may seek Standards, the ability to be upgraded, commerce, its responsibility for to recover the costs of Smart Grid and other specified criteria will be approving and enforcing mandatory deployments before relevant standards eligible for timely rate recovery and reliability standards for the bulk-power are adopted through a Commission other rate treatments. This rate policy system in the United States, and a 3 rulemaking. Specifically, development will encourage development of smart recently enacted law requiring the of interoperability standards for inter- grid systems. Commission to adopt interoperability system communication, system security, DATES: Comments on the proposed standards and protocols necessary to wide-area situational awareness, policy statement and action plan are demand response, electric storage, and due May 11, 2009. 1 For purposes of this proposed policy statement, ‘‘demand resources’’ refers to the set of demand electric transportation should be FOR FURTHER INFORMATION CONTACT: response resources and energy efficiency resources prioritized and accelerated. The work David Andrejcak, Office of Electric and programs that can be used to reduce demand done on certain standards will provide Reliability, 888 First Street, NE., or reduce electricity demand growth. a foundation for development of many 2 DER comprises dispersed generation devices other standards. Washington, DC 20426 (202) 502– and dispersed storage devices, including 6721, [email protected]. reciprocating engines, fuel cells, microturbines, 3. In addition, as further explained Elizabeth H. Arnold, Office of General photovoltaics, combined heat and power, and below, for the near term we propose Counsel, 888 First Street, NE., energy storage. See International Electrotechnical certain rate treatments to encourage Washington, DC 20426, (202) 502– Commission, International Standards IEC 61850–7– investment in Smart Grid technologies 420. 8818, [email protected]. 3 Energy Independence and Security Act of 2007, that advance efficiency, security, Ray Palmer, Office of Energy Market Public Law No. 110–140, 121 Stat. 1492 (2007) reliability and interoperability in order Regulation, 888 First Street, NE., (EISA). to address potential challenges to the

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bulk-power system. We recognize that a support the modernization of the the Smart Grid characteristics and key consideration of public utilities in Nation’s electricity transmission and functions listed in EISA section 1301, deciding whether to invest in Smart distribution system to maintain a interoperability of Smart Grid Grid technologies may involve the reliable and secure electricity equipment will be essential. potential for stranded costs associated infrastructure that can meet future 8. Finally, pursuant to the EISA, once with legacy systems that are replaced by demand growth and to achieve each of the Commission is satisfied that the Smart Grid equipment. Additionally, as several goals and characteristics, which Institute’s work has led to ‘‘sufficient the electric system may require several together characterize a Smart Grid.5 consensus’’ on interoperability of the new capabilities of the Smart Grid These goals and characteristics are: standards, we are directed to ‘‘institute a rulemaking proceeding to adopt such before interoperability standards have (1) Increased use of digital information and been developed, we recognize the need controls technology to improve reliability, standards and protocols as may be for guidance for jurisdictional entities. security, and efficiency of the electric grid. necessary to insure smart-grid Thus, to offer some rate certainty and (2) Dynamic optimization of grid operations functionality and interoperability in guidance regarding cost recovery issues, and resources, with full cyber-security. (3) interstate transmission of electric the Commission is proposing a rate Deployment and integration of distributed power, and regional and wholesale policy for the interim period until final resources and generation, including electricity markets.’’ 9 interoperability standards are adopted. renewable resources. (4) Development and 9. The Commission appreciates the The Commission also proposes that incorporation of demand response, demand- Institute’s work to assess current Smart smart grid investments that demonstrate side resources, and energy efficiency Grid standards and infrastructure to resources. (5) Deployment of ‘‘smart’’ system security and compliance with identify gaps, and is aware of its plans technologies (real-time, automated, to create a knowledge base to enable Commission-approved Reliability interactive technologies that optimize the Standards, the ability to be upgraded, physical operation of appliances and effective communication among and other specified criteria will be consumer devices) for metering, stakeholders and a roadmap to lay out eligible for timely rate recovery and communications concerning grid operations a recommended course toward a highly other rate treatments. For now, we and status, and distribution automation. (6) interoperable grid.10 In general, we propose as an interim rate policy to Integration of ‘‘smart’’ appliances and expect that the Institute will accept single-issue rate filings submitted consumer devices. (7) Deployment and recommend standards to the under FPA section 205 by public integration of advanced electricity storage Commission that have resulted from the utilities to recover the costs of Smart and peak-shaving technologies, including Institute’s coordination with standards plug-in electric and hybrid electric vehicles, Grid deployments involving development organizations and and thermal storage air conditioning. (8) technical experts. The Commission will jurisdictional facilities provided that Provision to consumers of timely information certain showings are made. In other and control options. (9) Development of initiate rulemakings as individual or 11 words, we propose to consider Smart standards for communication and suites of standards achieve sufficient Grid devices and equipment, including interoperability of appliances and equipment consensus. The Commission will those used in a Smart Grid pilot connected to the electric grid, including the consider the most effective and efficient program or demonstration project, to be infrastructure serving the grid. (10) ways to interact with the Institute and used and useful for purposes of cost Identification and lowering of unreasonable standards development organizations recovery if an applicant makes the or unnecessary barriers to adoption of smart between the issuance of a notice of 6 certain showings, as described below. grid technologies, practices, and services.[ ] proposed rulemaking on submitted 4. We seek comments from the 7. Section 1305(a) of EISA directs the standards and a final rule adopting industry on these and other steps the National Institute of Standards and standards. We invite comment on this Commission can take to encourage and Technology (the Institute) ‘‘* * * to proposed approach. expedite the development of coordinate the development of a 10. The Commission will continue to interoperability standards and framework that includes protocols and take an active role in helping to ensure implementation of Smart Grid projects. model standards for information that the participants in the Institute’s In the near future, we may convene a management to achieve interoperability process effectively prioritize and technical conference for further public of smart grid devices and systems.’’ 7 A sequence future standards development input on these issues. helpful description of interoperability is efforts. We invite comments on what factors the Commission should consider I. Background ‘‘the ability of a system or a product to work with other systems or products in determining when the Institute’s 5. Under the Federal Power Act without special effort on the part of the work has led to ‘‘sufficient consensus’’ (FPA), the Commission has jurisdiction customer * * *’’ 8 In order to achieve on interoperability standards to warrant over the transmission of electric energy instituting a rulemaking proceeding. We in interstate commerce by public 5 EISA sec. 1301, to be codified at 15 U.S.C. utilities, and over the reliable operation 17381. exchange; and (4) maintain the requisite quality of of the bulk-power system in most of the 6 Id. service in information exchange (i.e., reliability, 4 7 EISA sec. 1305(a), to be codified at 15 U.S.C. accuracy, security). See GridWise Architecture Nation. The Commission also was Council, Interoperability Path Forward Whitepaper given a new responsibility under the 17385(a). 8 Testimony of Patrick D. Gallagher, PhD, Deputy at 1–2, 2005, available at: http:// EISA, discussed further below, to issue www.gridwiseac.org/pdfs/ Director, National Institute of Standards and _ _ _ _ a rulemaking to adopt standards and Technology, before the Committee on Energy and interoperability path whitepaper v1 0.pdf. The Natural Resources, United States Senate, March 3, GridWise Architecture Council was formed by the protocols to ensure Smart Grid U.S. Department of Energy to promote and enable functionality and interoperability in 2009, available at: http://www.nist.gov/director/ ocla/nist%20pgallagher%20smart%20grid% interoperability among the many entities that interstate transmission of electric power 20testimony%20senate%20e&nr%203-3-09.pdf. interact with the Nation’s electric power system. and in regional and wholesale electric According to the GridWise Architecture Council, See http://www.gridwiseac.org/about/mission.aspx. markets. the term ‘‘interoperability’’ refers to the ability to: 9 EISA sec. 1305(d), to be codified at 15 U.S.C. 6. Section 1301 of the EISA states that (1) Exchange meaningful, actionable information 17385(d). between two or more systems across organizational 10 See Testimony of Patrick D. Gallagher, PhD, it is the policy of the United States to boundaries; (2) assure a shared meaning of the infra n.8. exchanged information; (3) achieve an agreed 11 A suite of standards would consist of a group 4 16 U.S.C. 824, 824o. expectation for the response to the information of related standards.

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also seek comment and ideas on how to discuss in turn the importance of each Institute’s interoperability framework is identify and stage the adoption of of these in driving the need for Smart consistent with the overarching successive waves of interoperability Grid capabilities and the standards to cybersecurity and reliability mandates standards. Finally, we seek comment as achieve interoperability of smart grid of the EISA as well as existing reliability to whether there should be some formal devices with the electric grid and its standards approved by the Commission process for parties to seek Commission associated users and infrastructure. pursuant to section 215 of the FPA. The guidance if negotiations on certain Commission proposes to make Cybersecurity and Reliability interoperability standards reach an consistency with cybersecurity and impasse. 13. Absent any consideration of the reliability standards a precondition to Smart Grid concept, other activities and its adoption of Smart Grid standards. II. Discussion events currently taking place in various We seek comment on these proposals. A. Urgency of Achieving Certain Smart regions raise physical and cybersecurity 15. In order to fully incorporate Grid Functionalities concerns for the electric industry. For measures to protect against cyber and example, utilities have already taken physical security threats, we also 11. As noted above, rather than advantage of the existing propose to advise the Institute to take directing the Institute to develop communications infrastructure and the necessary steps to assure that its interoperability standards of its own, capabilities of the Internet to aid their process for the development of any Congress charged the Institute with marketing operations. While typically interoperability standards and protocols coordinating such development. The not connecting their more sensitive leaves no gaps in cyber or physical EISA specifically requires the Institute control center systems directly to the security unfilled. We are concerned that to solicit input from, among others, a Internet, many entities have this could be a particular problem range of existing standards development nevertheless upgraded those systems to where separate groups of interested organizations that rely on extensive use Internet-based protocols and industry members independently negotiation in order to achieve broad technologies. This, coupled with the develop and advocate select standards industry consensus on proposed fact that the non-Internet-connected or protocols for the Institute’s standards.12 control center operations may be consideration. We seek comment on this 12. The EISA contains no specific proposal. deadline for the creation of connected to the same corporate interoperability standards; instead, it network as the Internet-connected Inter-System Communication and provides for a consensus-based process. marketing systems, means that there Coordination may be an indirect Internet vulnerability However, there is a sense of urgency 16. There is an urgent need to further within industry and government for the to those sensitive control systems. Accordingly, without adequate develop a common semantic framework development of standards for and (i.e., agreement as to meaning) and deployment of smart grid technologies protections, these preexisting utility efforts potentially increase the exposure software models for enabling effective generally. The Commission is communication and coordination across particularly interested in the of the bulk-power system to cybersecurity threats. Cybersecurity and inter-system interfaces. Such standards development of Smart Grid functions could play an important role in the and characteristics that can help address physical security have been ongoing concerns for the Commission and the movement to a smarter grid that is challenges to the Commission- capable of addressing challenges to the jurisdictional bulk-power system. These electric industry with the advent of the mandatory and enforceable federal bulk- operation of the bulk-power system. The include the cross cutting issues of bulk-power system can be thought of as power system reliability regime in place cybersecurity and the further a system of systems.15 In order to enable in most of the United States under the development of common information a smarter grid, particularly one capable oversight of the Commission pursuant to models to allow useful exchange of of addressing the bulk-power system FPA section 215.13 Pursuant to this electric system information (e.g., challenges discussed below, effective section 215 authority, the Commission standard definitions). Broad policy goals interfaces must be developed between recently approved eight cyber and also need to be addressed such as and among all of these systems (i.e., physical protection related reliability optimizing the transmission system to 14 inter-system interfaces) and common reduce congestion and improve standards. 14. The fact that a smarter grid would information model standards appear to reliability, security and efficiency; permit two-way communication be powerful tools to enable such inter- encouraging increased reliance on between the electric system and a much system interfaces. The Commission demand response; state and possibly larger number of devices located outside proposes to identify standards for national climate change initiatives such of controlled utility environments common information models for inter- as Renewable Portfolio Standards and commands that even more attention be system interfaces as a high priority for other efforts that result in increased given to the development of accelerated development. We seek reliance on variable renewable cybersecurity standards. Therefore, the comment on this proposal. resources; and the potential for Commission proposes to advise the increased and variable electricity loads Integrating Renewable Resources Into Institute to undertake the necessary from the transportation sector. We the Electric Grid steps to assure that each standard and 17. Several groups of states have been protocol that is developed as part of the 12 The EISA specifically names the IEEE (formerly working on aggressive regional carbon known as the Institute of Electrical and Electronics control measures,16 and one regional 13 Engineers), and the National Electrical 16 U.S.C. 824o. effort has already begun operation in the Manufacturers Association. Other relevant existing 14 See Mandatory Reliability Standards for standards development organizations could include Critical Infrastructure Protection, Order No. 706, 73 the International Electrotechnical Commission FR 7368 (Feb. 7, 2008), 122 FERC ¶ 61,040, reh’g 15 See Appendix A for a graphic representation of (IEC), the American National Standards Institute denied and clarification granted, Order No. 706–A, the various systems. (ANSI), the German Standards Institute (actually 123 FERC ¶ 61,174 (2008). Notably, section 215(a) 16 See, e.g., the Western Climate Initiative Deutsches Institut fu¨ r Normung), the International of the FPA, 16 U.S.C. 824o(a), defines the terms (http://www.westernclimateinitiative.org/) and the Organization for Standardization, and the ‘‘reliability standard,’’ ‘‘reliable operation,’’ and Midwestern Greenhouse Gas Reduction Accord International Telecommunication Union. ‘‘cybersecurity incident.’’ (http://www.midwesternaccord.org/).

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form of the Regional Greenhouse Gas during off-peak periods when there is reductions in load can help address the Initiative.17 Federal legislation insufficient load to accommodate such resource adequacy concerns addressing carbon control and other generation); and (3) reduced system surrounding unexpected loss of variable environmental and climate related inertia (potential loss of system stability generation, and EISA envisions, among matters may follow. These initiatives due to the high penetration of variable other things, the development of large point toward a shift in the mix of fuels resources with low inertia properties).21 new pools of demand response that will be used to generate electricity, Given sufficient time and resources, a resources.25 and an associated shift in where new variety of solutions to these concerns 20. With respect to the resource generation resources are located. may be feasible. For example, management concerns surrounding Additional transmission capacity to investment in large amounts of potential over-generation, this situation ensure deliverability of those new electricity storage could ultimately tends to arise during off-peak periods generating resources will be needed in address both the resource adequacy and when load is at its lowest and system the form of new transmission lines and resource management concerns,22 operators have already turned off all more efficient use of existing although technical and economic issues traditional generation except their large infrastructure. Also, additional demand remain to be addressed before such conventional units that, for primarily resources, generation resources, and investment is likely to become operational reasons, must be operated in DER will be needed to reliably integrate significant. In the meantime, Smart a nearly steady state around the clock.26 variable generation into the electric grid. Grid-enabled demand response If large amounts of variable generation Efforts to address these challenges could capabilities 23 could add important new begin producing power during such benefit from the enhanced capabilities tools to deal with both resource periods, then the supply of electricity associated with certain aspects of the adequacy and resource management would exceed the demand for electricity Smart Grid; among them, the ability to concerns.24 Demand response and risk unbalancing the bulk-power maximize the capability and use of system. In order to bring the system existing and new transmission 21 Inertia is the physical property which allows an back into balance in a situation where capacity,18 and foster the deployment object in motion to continue to stay in motion, easily dispatchable generation or and integration of demand resources, absent other forces. Traditional dispatchable demand resources are not available, generating units (such as thermal and hydro power system operators may have to require generation resources and DER. plants) utilize large rotary generators which have 18. As of December 2008, the Nation large amounts of inertia. This property has a variable generation to reduce output. had 25,170 MW of wind generation tendency to stabilize the bulk-power system with an However, at such times this variable based on nameplate capacity.19 output response in the event of a disturbance. generation may be producing the lowest According to the 2008 Long-Term Variable resources, such as wind and solar, have priced energy on the system, so less or no inertia and, as such, cut back more Reliability Assessment by the North quickly in response to disturbances (e.g., frequency reducing or eliminating its output American Electric Reliability excursions), which may contribute to power system would not be economically efficient. If Corporation (NERC), an additional instabilities. a system existed whereby entities 27 145,000 MW of wind power projects are 22 The Electricity Advisory Committee, which could receive a timely signal to planned or proposed over the next ten was formed by the Department of Energy to provide temporarily shift their demand from it with advice on a number of electricity issues, 20 years. Accordingly, it is evident that recently issued a report, Bottling Electricity: Storage peak to off-peak, and if such load shifts in a relatively short period of time, some as a Strategic Tool for Managing Variability and could be controlled by the system parts of the bulk-power system may face Capacity Concerns in the Modern Grid, December operator, then such ‘‘dispatchable’’ the need to effectively integrate 2008. This report asserts that there are many demand response could alleviate to benefits to deploying energy storage technologies unprecedented amounts of variable into the Nation’s grid: (1) A means to improve grid some degree the resource management generation resources. This is significant optimization for bulk power production; (2) a way concerns associated with over- because operators of variable generation to facilitate power system balancing in systems that generation from the other side of the have less control over when the have variable renewable energy sources; (3) supply/demand equation. Again, the facilitation of integration of plug-in hybrid electric resource is available to produce vehicle power demands with the grid; (4) a way to urgency to develop and implement electricity, in contrast with more defer investments in transmission and distribution those aspects of a smarter grid that can conventional fossil and nuclear infrastructure to meet peak loads (especially during enable such demand response capability generation. outage conditions) for a time; and (5) a resource is clear.28 19. Large amounts of variable providing ancillary services directly to grid/market operators. 21. The future potential for a large generation raise several important 23 The Smart Grid concept envisions a power and variable new class of electric load, operational and planning issues, system architecture that permits two-way specifically electricity-powered including: (1) Resource adequacy communication between the grid and essentially all vehicles, also presents challenges that (potential loss and unavailability of devices that connect to it, ultimately all the way down to large consumer appliances. Efforts at variable resources at peak periods and realizing this concept focus on standardization to Report Accommodating High Levels of Variable other critical times such as loss of other Generation at 45; available at http://www.nerc.com/ enable all of this new equipment to be _ _ generators or transmission lines); (2) manufactured economically in support of docs/pc/ivgtf/IVGTF Reporta 17Nov08.pdf. 25 resource management (potential for widespread adoption by consumers. Once that is See, e.g., EISA sec. 1301(4), (5), (6), (8), and (9), achieved, a significant proportion of electric load to be codified at 15 U.S.C. 17381(4), (5), (6), (8), and over-generation by variable resources could become an important resource to the electric (9). system, able to respond automatically to customer- 26 There can also be an economic justification for 17 See http://www.rggi.org/home. selected price or dispatch signals delivered over the around-the-clock operation because large 18 For example, a smarter grid could enable an Smart Grid infrastructure without significant conventional units tend to have relatively higher increase in transmission capacity through a switch degradation of service quality. For purposes of this capital costs and lower running costs. However, from static to dynamic transmission line ratings proposed policy statement we will refer to such their generally slow and difficult start-up and cool- enabled by the advanced sensor, communications, new demand response capability as Smart Grid- down sequences are the main reason why they and information technology capabilities associated enabled demand response capability. cannot be started and stopped easily to address with a smarter grid. 24 A recent NERC Draft Special Report recognizes over-generation situations. 19 Source, American Wind Energy Association’s that ‘‘[d]emand response has already been shown in 27 Such entities would need to have invested in Web site: http://www.awea.org/projects/. some balancing areas to be a flexible tool for the equipment necessary to reliably measure and 20 North American Electric Reliability operators to use with wind generation [footnote control either their own load or the load of clients Corporation, 2008 Long-Term Reliability omitted] and is a potential source of flexibility that they manage under contract. Assessment at 12. equal to supply-side options.’’ NERC, Special 28 See, e.g., EISA sec. 1301(4), (5), (6), (8), and (9).

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may deserve special attention and deployment of advanced sensors and standards applicable to all levels of the priority in the consensus-based controls throughout the electric system grid. interoperability process being that should maximize the capability and 26. The Institute has issued for coordinated by the Institute. In addition use of existing and new transmission comment a ‘‘Smart Grid Issues to the plans of major automobile capacity. Summary’’ that will act as an interim manufacturers to roll out plug-in hybrid 24. For all of the reasons discussed roadmap, starting with high priority vehicles starting in 2010, it is possible above, which may represent direct standards that are largely based on 34 that large numbers of pure electric challenges to the reliable operation of existing broadly accepted standards. vehicles, sometimes known as the bulk-power system and wholesale Leveraging existing standards to the neighborhood electric vehicles, could be power markets, the fact that many greatest extent practical should shorten purchased as second cars for short-haul utilities are already beginning to deploy the time required to finalize needed daily commuting or for other Smart Grid related systems, and the interoperability standards. 29 27. The Commission proposes to purposes. Judging by the observed substantial funding for Smart Grid in prioritize the development of standards intensity of electric utility and state the American Recovery and 30 for two cross-cutting issues and four key government interest in this area, the Reinvestment Act,31 the Commission grid functionalities involving interfaces potential for a significant shift in herein proposes a targeted acceleration between utilities (e.g., regional personal transportation technology to of certain aspects of the interoperability transmission organizations (RTO) to electric power in the near future cannot standards process as described further utilities outside the RTO), utilities and be discounted. below.32 22. The timing of vehicle charging customers, and utilities and other activities is an illustration of the effect B. Development of Key Interoperability systems (e.g., energy management electric vehicles can have on the Standards systems). These cross-cutting issues and operation of the electric grid. If charging key functionalities are proposed as the 25. As discussed above, several takes place during peak periods it could first level of work to be accomplished in important trends indicate a strong require a large investment in new the interoperability standards-setting national interest in expediting the generation, demand response resources process. Swift progress on adopting development and deployment of the and/or transmission capacity to meet standards for these cross-cutting issues types of technologies and capabilities the resulting higher peak loads. and key functionalities is necessary for associated with a smarter grid. To However, charging off-peak could the transmission operator/RTO to achieve these types of capabilities, actually improve the operation of the address the bulk-power system Smart Grid technologies must be electric system, for example by challenges identified above. interoperable.33 The Commission improving existing generation asset 28. The two cross cutting issues are understands that a consensus-based utilization or by providing an electricity first, cybersecurity (and physical interoperability standards development storage solution to address the potential security to protect equipment that can process typically requires time to reach for over-generation by variable resources give access to Smart Grid operations) consensus, but also recognizes that in off-peak periods. Ultimately, large and second, a common semantic recent efforts by the Institute and numbers of plug-in electric vehicles framework and software models for several industry groups, including the have the potential to provide some enabling effective communication and OpenSG Subcommittee of the Utility ancillary services like distributed energy coordination at the boundaries of utility Communication Architecture storage or, when aggregated, regulation systems where these interface with International User Group (OpenSG service. In all cases, however, the customer and other systems (and hence Subcommittee) and the GridWise 35 enhanced information processing and provide ‘‘inter-system’’ functionality). Architecture Council, have developed high-speed communications and control The four key grid functionalities are concepts to prioritize the large set of capabilities of the Smart Grid would be wide-area situational awareness, potential standards, and have suggested extremely helpful, perhaps necessary, in demand response, electric storage, and principles for expediting development dealing with the challenges and electric transportation. of a set of transmission and distribution opportunities associated with large systems standards that will facilitate System Security numbers of new electric vehicles on the many other important standards 29. We propose two initial bulk-power system. overarching principles regarding 23. Additionally, these and other development activities. The security that Smart Grid applications changing patterns of electricity Commission is committed to identifying must address in order to comply with generation and use are increasing the these key transmission and distribution the need for full cybersecurity and with frequency with which congestion on standards and working with the the Commission’s bulk-power system transmission facilities becomes binding Institute to expedite their adoption. The concerns, consistent with our authority and raises costs for consumers. The Commission believes that focusing on under section 215 of the FPA.36 First, Smart Grid concept includes the the priorities identified below will help to remove uncertainty for developers of we believe that a responsible entity subject to Commission-approved 29 See, e.g., Kris Osborn, Services Plan to Buy Electric Cars, Federal Times, November 17, 2008, at 31 See American Recovery and Reinvestment Act, 3 (noting that Army, Navy, and Air Force plan to Public Law No. 111–5, Title IV, Subpart A, ll 34 See infra n.32. purchase a total of 30,000 neighborhood electric Stat. ll, ll(2009) (ARRA). 35 The concept of the Smart Grid as a ‘‘system of vehicles for use on military bases). 32 This is consistent with the Institute’s approach systems’’ and the importance of the need of first 30 See, e.g., John S. Adams, Bill benefits ‘medium- of prioritizing standards and functionalities that focusing on the inter-system interfaces are speed’ electric cars, Great Falls Tribune, January 9, may impact reliability. See NIST Smart Grid Issues presented in a paper by the OpenSG Subcommittee 2009 (reporting on efforts in the Montana legislature Summary, March 10, 2009, available at: http:// and Smart Grid Executive Working Group entitled to ease restrictions and ownership and use www.nist.gov/smartgrid/ (in case link is temporarily Smart Grid Standards Adoption: Utility Industry requirements on ‘‘medium speed’’ electric vehicles, unavailable at this Web site, please request it via Perspective (Utility Perspective Paper), available at: which could include electric vehicles of up to 5,000 e-mail at: [email protected]). http://osgug.ucaiug.org/Shared%20Documents/ pounds gross vehicle weight), available at http:// 33 See Gridwise Architecture Council, Forms/AllItems.aspx. A graphic that illustrates www.greatfallstribune.com/article/20090109/ Interoperability Path Forward Whitepaper, infra these concepts is found in Appendix A. NEWS01/901090337. n.8. 36 16 U.S.C 824o.

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reliability standards, such as the Critical Communication block in realizing the most significant Infrastructure Protection Reliability 32. The second cross-cutting issue is early benefits for the bulk-power Standards, must ensure that it maintains the need for a common semantic system. These standards are also key to compliance with those standards during framework (i.e., agreement as to the attainment of renewable power and and after the installation of Smart Grid meaning) and software models for climate policy goals and can help enable technologies. Indeed, many Smart Grid enabling effective communication and customers to manage their energy usage installations will need to be included on coordination across inter-system and cost. The Commission seeks a responsible entity’s list of critical interfaces. An interface is a point where comments on this proposed approach. assets to be protected under the two systems need to exchange data with Four Priority Functionalities Commission-approved NERC Critical each other; effective communication 34. In addition to the cross-cutting Infrastructure Protection Reliability and coordination occurs when each of Standards. issues discussed above, the Commission the systems understands and can seeks comments on the four Smart Grid 30. Second, to the extent that they respond to the data provided by the could affect the reliability of the bulk- functionalities that the Commission’s other system, even if the internal preliminary analysis indicates will be power system, Smart Grid technologies workings of each system are quite must address, the following most helpful in addressing the bulk- different. A core group of standards power system challenges and should be considerations: (1) The integrity of data initiated by the Electric Power Research communicated (whether the data is given priority in the standards Institute provide the basis for development process. correct); (2) the authentication of the addressing this issue—these standards communications (whether the are IEC 61970 and IEC 61968 (together Wide-Area Situational Awareness communication is between the intended often referred to as the ‘‘Common 35. Wide-area situational awareness is Smart Grid device and an authorized Information Model’’ standards) and IEC the visual display of interconnection- device or person); (3) the prevention of 61850. These standards have been cited wide system conditions in near real unauthorized modifications to Smart by both the Utility Perspective Paper, as time at the reliability coordinator level Grid devices and the logging of all well as the Institute’s recent Smart Grid and above. The wide-area situational modifications made; (4) the physical Issues Summary.38 This group of awareness efforts, with appropriate protection of Smart Grid devices; and standards was designed to allow cybersecurity protections, can rely on (5) the potential impact of unauthorized different systems to talk to one another the NASPInet work undertaken by the use of these Smart Grid devices on the as well as to provide software North American SynchroPhasor bulk-power system. development tools for more efficient Initiative (NASPI) and will require 31. To the extent that any of the new system integration. This suite of substantial communications and Smart Grid standards or extensions to standards is already in use by a number coordination across the RTO and utility relevant existing standards require of utilities for enterprise system interfaces. We encourage the RTOs to adaptation or extension in order to integration (enabling integration across take a leadership role in coordinating address these security-related concerns, ‘‘intra-system’’ interfaces). Indeed, the NASPI work with the member such considerations should be given the while additional work on these transmission operators. highest priority. The Institute has standards will also help intra-system 36. Regarding the potential Smart suggested that beyond the NERC Critical communication and coordination, we Grid role in addressing transmission Infrastructure Protection Reliability agree with the OpenSG Subcommittee congestion and optimization of the Standards, additional security standards and the Institute that inter-system system, increased deployment of to be investigated include ISA99/IEC interfaces should be a priority. advanced sensors like Phasor 62443, NIST Special Publication (SP) 33. The Commission is not mandating Measurement Units will give bulk- 37 800–53, and the work of AMI–SEC. that these particular standards be power system operators access to large The Institute also suggests examining further developed. Rather, we identify volumes of high-quality information harmonization of several of these them here to establish priorities for about the actual state of the electric standards in order to provide additional further development by the Institute and system that should enable a more protection to the bulk-power system. industry. The group of standards efficient use of the electric grid, for Commission staff will monitor Institute initiated by the Electric Power Research example through a switch from static to activities with respect to Smart Grid Institute serves as a foundation for dynamic line ratings. However, such cybersecurity and physical security in developing a complete set of large volumes of data present challenges order to fully coordinate the communications standards. These in the form of information processing Commission’s regulatory objectives and standards require some level of and management. Advanced software responsibilities in this arena. The harmonization with one another and and systems will be needed to manage, Commission seeks comments on this other standards, and extensions to these process, and render this data into a form proposed approach to maintaining bulk- standards will be required for additional suitable for human operators and power system reliability and security as interoperability and functionality. automated control systems. The smart grid technologies are deployed Efforts to coordinate and/or harmonize Institute’s process should strive to and integrated. these standards with others intended to identify the core requirements for such promote interoperability should be software and systems that would be 37 ISA99/IEC 62443 represents a suite of encouraged. For example, ongoing most useful to system operators in standards for industrial automation and control efforts to coordinate IEC 61968 with system security. NIST Special Publication (SP) 800– addressing transmission congestion and 53 involves security controls for federal agencies, ‘‘MultiSpeak’’ developed by the reliability. including those who are part of the bulk-power National Rural Electrical Cooperative system (e.g., Tennessee Valley Authority, Association should be continued. But Demand Response Bonneville Power Authority). The Advanced these standards represent the best work 37. Smart Grid-enabled demand Metering Infrastructure (AMI) Security Task Force (AMI-SEC), is defining common requirements and to date and will be an essential building response is a priority because of its standardized specifications for securing AMI potential to help address several of the system elements. 38 See infra n.32. bulk-power system challenges identified

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above. Further development of key on demand response and electricity for distribution utilities to facilitate standards would enhance storage. A large portion of electricity vehicle charging during off-peak periods interoperability and communications storage may ultimately be located on so that this new electric load would not between system operators, demand customer premises. As noted in the increase peak loads and require the response resources, and the systems that Institute’s Smart Grid Issues Summary, development of new peak generation, support them. In order to achieve an an appropriate starting point for further demand response and/or more appropriate level of standardizations, a standards development would be the transmission to urban load centers that series of demand response ‘‘use cases’’ harmonization of IEC Standard 61850 are being targeted for these vehicles. A should be developed using readily and several meter standards, namely more advanced implementation could available tools.39 In this regard, we ANSI C12.19 and C12.22, and we offer vehicle owners the option to encourage a particular focus on use encourage the Institute and industry to voluntarily limit their charging to times cases for the key demand response work together on this suggestion. The when variable renewable generation is activities discussed earlier: dispatchable Commission seeks comment from States producing power or to permit utilities demand response load reductions to and other parties on the optimal the limited use of the aggregated address loss or unavailability of variable approach to develop standards in this capabilities of these vehicles for various resources and the potential for area, and we will pursue direct grid-related purposes such as bulk dispatchable demand response to communications with the States on this power storage or ancillary services. increase power consumption during topic through the NARUC–FERC Smart 42. Ultimately we would hope for a over-generation situations. Grid Collaborative and other NARUC smarter grid to accommodate a wide 38. It also appears that achieving such Committees. array of advanced options for electric demand response capabilities will vehicle interaction with the grid, Electric Storage require additional standardization of the including full vehicle-to-grid interfaces between systems on the 40. The third key grid functionality is capabilities. However, assuming full customer premises and utility systems, electric storage. If electricity storage vehicle-to-grid capabilities cannot be including addressing data technologies could be more widely achieved immediately, we would confidentiality issues. The Institute deployed, they would present another encourage the Institute’s process to notes that considerable work has been important means of addressing some of focus on the development of appropriate done to develop demand response the difficult issues facing the electric standards, or extensions to relevant standards. One standard, Open industry. To date, the only significant existing standards, to provide at least Automated Demand Response bulk electricity storage technology has the minimum communications and (OpenADR) (developed for the interface been pumped storage hydroelectric interoperability requirements that are between the utility and large technology. However, we are aware that necessary to permit some ability for commercial customers) has already been new types of storage technologies are distribution utilities to facilitate vehicle referred to the Organization for the under development and in some cases charging during off-peak load periods. Advancement of Structured Information are being deployed, and could also The Institute’s Smart Grid Issues Systems (OASIS). OpenADR has been potentially provide substantial value to Summary notes that the Society of developed by the Lawrence Berkeley the electric grid. While further research Automotive Engineers (SAE) has National Laboratory, and is now going and development appears necessary developed two draft standards, SAE through a formal standards development before any widespread deployment of J2836 and SAE J2847, which address communications and price signals/ process being coordinated between such newer technologies can take place, demand response respectively. These OASIS and the Utility Communication it may nevertheless be appropriate to standards are on the SAE 2009 Ballot. Architecture International User encourage the identification and Looking forward to the potential Group.40 Accordingly, we would standardization of all possible provision of ancillary services to the encourage a focus in this area as well. electricity storage use cases at an early grid by electric vehicles, electrical 39. Specifications for customer meters stage. There are existing standards that interconnection issues must be dealt are within the jurisdiction of the States, can be the starting point for with along with potential expansion of but it is clear that communication and interoperability standards development communications ability. To this end, we coordination across the interfaces for DER. IEC 61850 addresses communications for DER, and IEEE urge the SAE and the automobile between the utility and its customers industry to plan data communications 1547 has been designated as a federal can have a significant impact on the systems between electric vehicles and standard for interconnection.41 bulk-power system, particularly as new the grid that are able to be upgraded. We renewable power and climate policy Electric Transportation also urge the Institute to include electric initiatives introduce the need for more vehicles in its DER standards flexibility in the electricity grid, which 41. The fourth key grid functionality is electric transportation. As indicated development. creates the need for increased reliance 43. Several of the preceding above, to the extent that new electric paragraphs discuss the development of 39 transportation options become widely The ‘‘use case’’ is a concept from the software use cases or other standards that appear and systems engineering communities whereby a adopted in the near future, maintaining similar to business practice standards developer, usually in concert with the end user, the reliable operation of the bulk-power attempts to identify all of the functional development, in order to help shape and system will require some level of requirements of a system. Each ‘‘use case’’ identify the functional needs that the essentially describes how a user will interact with control over when and how electric cars Institute’s technical interoperability a system to achieve a specific goal. draw electricity off of the system. At the 40 The Utility Communication Architecture standards development process will most basic level, this could be address. Since the North American International User Group has also been developing accomplished by providing an ability OpenHAN, a specification for the energy services Energy Standards Board (NAESB) has a interface between the home area network (HAN) great deal of experience in helping the and the utility. Both OpenHan and OpenADR will 41 See Energy Policy Act of 2005, Public Law No. benefit from the planned extensions of IEC 61850 109–58, sec. 1254, 110 Stat. 594, 970 (2005), adding electric and natural gas industries and the common information model standards a new subsection 111(d)(15) to the Public Utility successfully negotiate business practice described above. Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)). standards, it may be helpful to the

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Institute to engage NAESB resources in single issue rate filings, submitted under we propose to require a showing that the development of these use cases and FPA section 205 by public utilities to the applicants have made good faith other business practice-like standards. recover the costs of Smart Grid efforts to adhere to the vision of a Smart We seek comment as to whether the deployments involving jurisdictional Grid described in Title XIII of the EISA, Institute would be helped by the facilities provided that certain showings including optimizing asset utilization incorporation of resources from other are made. In other words, we propose to and operating efficiency. In general, organizations such as NAESB into the consider Smart Grid devices and applicants should attempt to adhere to development of these various business equipment, including those used in a the principles of the Gridwise practice-like standards. Smart Grid pilot program or Architecture Council Decision-Maker’s 44. The Commission seeks comment demonstration project, to be used and Interoperability Checklist.45 In practice, on whether the priorities and reliability useful for purposes of cost recovery if an we will place the most weight on an principles articulated above are applicant makes the following applicant’s adherence to the following appropriate, and whether there are other showings. principles: (1) Reliance to the greatest priorities or reliability principles that 47. We propose that an applicant extent practical on existing, widely should be included in order to address must show that the reliability and adopted and open 46 interoperability potential challenges to the operation of security of the bulk-power system will standards; and (2) where feasible, the bulk-power system. not be adversely affected by the reliance on systems and firmware that deployment at issue. Second, the filing C. Interim Rate Policy: Guidance for can be securely upgraded readily and must show that the applicant has Smart Grid-Related Filings by quickly. Adherence to these two key minimized the possibility of stranded Jurisdictional Entities principles should minimize the investment in Smart Grid equipment by possibility of stranded smart grid 45. Given the trends discussed above, designing for the ability to be upgraded, investment by making it less likely that Smart Grid policies should encourage in light of the fact that such filings will equipment replacement will be required utilities to deploy systems in the near predate adoption of interoperability once final standards are approved. term that advance efficiency, security, standards. Finally because it will be 50. Regarding the information sharing and interoperability in order to address important for early Smart Grid concern, the following information potential challenges to the bulk-power deployments, particularly pilot and should be shared with the Department system. A key consideration for utilities demonstration projects, to provide of Energy Smart Grid Clearinghouse: (1) when determining whether to adopt feedback useful to the interoperability Any internal or third party evaluations, such systems will be whether they are standards development process, we ratings, and/or reviews including all able to recover the costs of these propose to direct the applicant to share primary source material used in the deployments in regulated rates. Another information with the Department of evaluation; (2) detailed data and key consideration may involve the Energy Smart Grid Clearinghouse, documentation explaining any potential for stranded costs associated provided for in the ARRA.44 improvement in the accurate with legacy systems that are replaced by 48. In order to satisfy our first concern measurement of demand response Smart Grid equipment. Additionally, as about reliability and security, we resources; (3) detailed data and the electric system may require several propose that applicants will be required documentation explaining the of the new capabilities of the Smart Grid to address the security concerns expansion of the quantity of demand before interoperability standards have discussed in the previous section on the response resources that resulted from been developed, we recognize the need development of key standards. the project and the resulting economic for guidance for jurisdictional entities. Accordingly, an applicant must show effects; (4) detailed data and Thus, to offer some rate certainty and how its proposed deployment of Smart documentation for any improvements in guidance regarding cost recovery issues, Grid equipment will maintain the ability to integrate variable the Commission is proposing a rate compliance with Commission-approved renewable generation resources; (5) policy for the interim period until final reliability standards, such as the Critical detailed data and documentation that interoperability standards are adopted. Infrastructure Protection Reliability 46. FPA section 205 requires that all Standards, during and after the 45 See Gridwise Architecture Council Decision- rates for the transmission or sale of installation and activation of Smart Grid Maker’s Interoperability Checklist Draft Version 1.0, electric energy subject to the technologies so the reliability and available at http://www.gridwiseac.org/pdfs/ gwac_decisionmakerchecklist.pdf (Interoperability Commission’s jurisdiction be just and security of the bulk-power system will Checklist). 42 reasonable. In evaluating expenses for not be jeopardized. An applicant must 46 An open architecture is publicly known, so any which cost recovery is appropriate, one also address: (1) The integrity of data and all vendors can build hardware or software that of the criteria the Commission relies on communicated (whether the data is fits within that architecture, and the architecture is whether the facilities are ‘‘used and correct); (2) the authentication of the stands outside the control of any single individual or group of vendors. In contrast, a closed 43 useful.’’ Once interoperability communications (whether the architecture is vendor-specific and proprietary, and standards are completed, the communication is between the intended blocks other vendors from adoption. An open Commission will consider making Smart Grid device and an authorized architecture encourages multi-vendor competition compliance with those standards a device or person); (3) the prevention of because every vendor has the opportunity to build interchangeable hardware or software that works mandatory condition for rate recovery of unauthorized modifications to Smart with other elements within the system. See jurisdictional Smart Grid investments. Grid devices and the logging of all Gridwise Architecture Council Decision-Maker’s For now, we propose as an interim rate modifications made; (4) the physical Interoperability Checklist Draft Version 1.0, policy to accept rate filings, including protection of Smart Grid devices; and available at http://www.gridwiseac.org/pdfs/ gwac_decisionmakerchecklist.pdf. We note that (5) the potential impact of unauthorized Congress recently made utilization of open 42 16 U.S.C. 824d. use of these Smart Grid devices on the protocols and standards, if available and 43 The general rate-making principle is that bulk-power system. appropriate, a condition of receiving funding from expenditures for an item may be included in a 49. Regarding the second concern the Department of Energy for demonstration public utility’s rate base only when the item is projects and grants pursuant to EISA sections 1304 ‘‘used and useful’’ in providing service. See NEPCO about stranded Smart Grid investment, and 1306. See American Recovery and Municipal Rate Committee v. FERC, 668 F.2d 1327, Reinvestment Act, Public Law No. 111–5, sec. 1333 (DC Cir. 1981). 44 ARRA sec. 405(3). 405(3) and 405(8),llStat.ll,ll(2009).

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shows any achievement of greater such as accelerated depreciation and IV. Document Availability system efficiency through a reduction of abandonment authority (whereby an transmission congestion and loop flow; applicant is assured of recovery of 55. In addition to publishing the full (6) detailed data and documentation abandoned plant costs if the project is text of this document in the Federal showing how the information abandoned for reasons outside the Register, the Commission provides all infrastructure supports DER such as control of the public utility) specifically interested persons an opportunity to plug-in electric vehicles; and (7) tied to Smart Grid deployments under view and/or print the contents of this detailed data and documentation that our FPA section 205 authority. Any document via the Internet through shows how the project resulted in requests for such rate treatments for FERC’s Home Page (http://www.ferc.gov) enhanced utilization of energy storage. Smart Grid deployments will need to and in FERC’s Public Reference Room To the extent that the Department of address all of the concerns discussed during normal business hours (8:30 a.m. Energy specifies additional criteria for above for rate recovery and make the to 5 p.m. Eastern time) at 888 First making grants under the ARRA for same showings described in that Street, NE., Room 2A, Washington, DC Smart Grid demonstration and pilot section. We would also consider 20426. projects, the Applicant should agree to applying these rate treatments to the 56. From FERC’s Home Page on the share information relevant to those portion of a smart grid pilot or Internet, this information is available on criteria as well. demonstration project’s cost that is not eLibrary. The full text of this document 51. Finally, consistent with the policy already paid for by Department of is available on eLibrary in PDF and of supporting the modernization of the Energy funds, such as those authorized Microsoft Word format for viewing, 47 Nation’s electric system announced in by EISA sections 1304 and 1306. To printing, and/or downloading. To access EISA section 1301, the Commission also the extent that such showings are made, this document in eLibrary, type the proposes to permit applicants to file for we propose to consider permitting docket number excluding the last three recovery of the otherwise stranded costs abandonment authority to apply to any digits of this document in the docket of legacy systems that are to be replaced Smart Grid investments that, despite number field. by smart grid equipment. However, an reasonable efforts, could not be made 57. User assistance is available for appropriate plan for the staged upgradeable and must ultimately be eLibrary and the FERC’s Web site during deployment of smart grid equipment, replaced if found to conflict with the normal business hours from FERC which could include appropriate final standards to be approved under the Online Support at 202–502–6652 (toll upgrades to legacy systems where Institute’s standards development free at 1–866–208–3676) or e-mail at technically feasible and cost-effective, process. [email protected], or the 53. The Commission invites could help minimize the stranding of Public Reference Room at (202) 502– comments on all aspects of this unamortized costs of legacy systems. 8371, TTY (202) 502–8659. E-mail the proposed interim rate policy. Accordingly, we propose that any filing Public Reference Room at for the recovery of stranded legacy III. Comment Procedures [email protected]. system costs must demonstrate that 54. The Commission invites By the Commission. such a migration plan has been comments on this proposed policy Nathaniel J. Davis, Sr., developed. statement May 11, 2009. Deputy Secretary. 52. The Commission will also entertain requests for rate treatments 47 To be codified at 42 U.S.C. 17384, 17386. Appendix A

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Adapted from: Smart Grid Standards facilitate the movement of vehicular Public Participation and Request for Adoption: Utility Industry Perspective, traffic. Comments OpenSG Subcommittee of the Utility Communication Architecture International DATES: Comments and related material We encourage you to participate in User Group, and Smart Grid Executive must reach the Coast Guard on or before this rulemaking by submitting Working Group. May 26, 2009. comments and related materials. All comments received will be posted, [FR Doc. E9–6471 Filed 3–25–09; 8:45 am] ADDRESSES: You may submit comments without change, to http:// BILLING CODE 6717–01–P identified by Coast Guard docket number USCG–2008–1158 to the Docket www.regulations.gov and will include Management Facility at the U.S. any personal information you have Department of Transportation. To avoid provided. We have an agreement with DEPARTMENT OF HOMELAND duplication, please use only one of the the Department of Transportation (DOT) SECURITY following methods: to use the Docket Management Facility. (1) Online: http:// Please see DOT’s ‘‘Privacy Act’’ Coast Guard www.regulations.gov. paragraph below. 33 CFR Part 117 (2) Mail: Docket Management Facility Submitting Comments (M–30), U.S. Department of If you submit a comment, please Transportation, West Building Ground [Docket No. USCG–2008–1158] include the docket number for this Floor, Room W12–140, 1200 New Jersey rulemaking (USCG–2008–1158), Avenue, SE., Washington, DC 20590– RIN 1625–AA09 indicate the specific section of this 0001. document to which each comment Drawbridge Operation Regulation; Gulf (3) Hand delivery: Room W12–140 on applies, and give the reason for each Intracoastal Waterway (Algiers the Ground Floor of the West Building, comment. We recommend that you Alternate Route), Belle Chasse, LA 1200 New Jersey Avenue, SE., include your name and a mailing Washington, DC 20590, between 9 a.m. AGENCY: Coast Guard, DHS. address, an e-mail address, or a phone and 5 p.m., Monday through Friday, number in the body of your document ACTION: Notice of proposed rulemaking. except Federal holidays. The telephone so that we can contact you if we have number is 202–366–9329. SUMMARY: The Coast Guard proposes to questions regarding your submission. change the regulation governing the (4) Fax: 202–493–2251. You may submit your comments and operation of the SR 23 bridge across the FOR FURTHER INFORMATION CONTACT: If material by electronic means, mail, fax, Gulf Intracoastal Waterway (Algiers you have questions on this proposed or delivery to the Docket Management Alternate Route), mile 3.8, at Belle rule, call David Frank, Bridge Facility at the address under ADDRESSES; Chasse, Plaquemines Parish, Louisiana. Administration Branch at 504–671– but please submit your comments and Due to high vehicular traffic during the 2128. If you have questions on viewing material by only one means. If you afternoon, Plaquemines Parish has or submitting material to the docket, call submit them by mail or delivery, submit requested a change to the operation Renee V. Wright, Program Manager, them in an unbound format, no larger schedule to allow the bridge to remain Docket Operations, telephone 202–366– than 81⁄2 by 11 inches, suitable for closed-to-navigation for an additional 90 9826. copying and electronic filing. If you minutes during weekday afternoons to SUPPLEMENTARY INFORMATION: submit them by mail and would like to

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know that they reached the Facility, add an additional 90 minutes to the of vessels from 6 a.m. to 8:30 a.m. and please enclose a stamped, self-addressed closure in the afternoon so that the draw from 3:30 p.m. to 7 p.m. Monday postcard or envelope. We will consider need not open for the passage of vessels through Friday, excluding Federal all comments and material received from 3:30 p.m. until 7 p.m. The holidays. during the comment period. We may Louisiana Department of Transportation Discussion of Proposed Rule change this proposed rule in view of and Development, the owner of the them. bridge, has reviewed their bridge tender Plaquemines Parish has requested a logs and have estimated that the change in the operating regulation Viewing Comments and Documents schedule change would affect an which would allow the draw of the To view comments, as well as average of two vessels. It should be bridge to remain in the closed-to- documents mentioned in this preamble noted that the vertical clearance of the navigation position for an additional 90 as being available in the docket, go to bridge in the closed-to-navigation minutes in the afternoon to facilitate the http://www.regulations.gov at any time. position is 40 feet above mean high movement of vehicular traffic in the Enter the docket number for this water in the closed-to-navigation area. Presently, the bridge opens on rulemaking (USCG–2008–1158) in the position so only vessels with vertical signal, except from 6 a.m. to 8:30 a.m. Search box, and click ‘‘Go>>.’’ You may clearance requirements of more than 40 and from 3:30 p.m. to 5:30 p.m. Monday also visit either the Docket Management feet will be affected by the proposed through Friday, excluding Federal Facility in Room W12–140 on the change. holidays, the draw need not be opened ground floor of the DOT West Building, This bridge currently opens on signal, for the passage of vessels. 1200 New Jersey Avenue, SE., except from 6 a.m. to 8:30 a.m. and from Plaquemines Parish has requested that Washington, DC 20590, between 9 a.m. 3:30 p.m. to 5:30 p.m. Monday through an additional 90 minutes be added on and 5 p.m., Monday through Friday, Friday, excluding Federal holidays, to the afternoon closure to allow the except Federal holidays or the Bridge during which time the draw need not be bridge to remain in the closed-to- Administration Office in Room 1313 of opened for the passage of vessels. navigation position from 3:30 p.m. to 7 the Hale Boggs Federal Building, 500 Plaquemines Parish has requested that p.m., Monday through Friday, except Poydras Street, New Orleans, LA 70130 the bridge remain closed an additional Federal holidays. The additional time between 7 a.m. and 3 p.m., Monday 90 minutes in the afternoon, until 7 p.m. would facilitate the movement of through Friday, except Federal holidays. in the evening to minimize the delays to vehicular traffic through Belle Chasse. traffic caused by the opening of the Privacy Act bridge. A recent traffic study indicates Regulatory Analyses Anyone can search the electronic that between 1500 and 2000 vehicles We developed this proposed rule after form of all comments received into any per hour cross the bridge during considering numerous statutes and of our dockets by the name of the weekday afternoons. When the bridge executive orders related to rulemaking. individual submitting the comment (or opens for the passage of a vessel at 5:30 Below we summarize our analyses signing the comment, if submitted on p.m., traffic may back up for more than based on 13 of these statutes or behalf of an association, business, labor two miles. As SR 23 is the main executive orders. union, etc.). You may review the highway into and out of Plaquemines Regulatory Planning and Review Department of Transportation’s Privacy Parish, the traffic backup severely Act Statement in the Federal Register hampers the ability of emergency This proposed rule is not a published on April 11, 2000 (65 FR responders to transit in the area. ‘‘significant regulatory action’’ under 19477), or you may visit http:// Plaquemines Parish Office of Emergency section 3(f) of Executive Order 12866, DocketsInfo.dot.gov. Management has indicated that the Regulatory Planning and Review, and increase in times in the afternoon will does not require an assessment of Public Meeting allow for most of the traffic to clear out potential costs and benefits under We do not now plan to hold a public of the area. They believe that the request section 6(a)(3) of that Order. The Office meeting. But you may submit a request will only cause a minor increase in of Management and Budget has not for one to the Docket Management delays for vessels wishing to use the reviewed it under that Order. Facility at the address under ADDRESSES area. An alternate route via the Harvey We expect the economic impact of explaining why one would be Canal is available for vessels with this proposed rule to be so minimal that beneficial. If we determine that one vertical clearances of greater than 40 a full Regulatory Evaluation is would aid this rulemaking, we will hold feet if they do not wish to be delayed. unnecessary. one at a time and place announced by A Test Deviation, USCG–2008–0069, The public would need to notify the a later notice in the Federal Register. is being issued in conjunction with this bridge owner of a required opening 14 Notice of Proposed Rulemaking to test days in advance rather than 24 hours in Background and Purpose the proposed schedule and to obtain advance. Plaquemines Parish has requested that data and public comments. The test Small Entities a regulation regarding the operation of period will be in effect from April 10, the SR 23 bridge across the Gulf 2009 until May 11, 2009. The Coast Under the Regulatory Flexibility Act Intracoastal Waterway (Algiers Alternate Guard will review the logs of the (5 U.S.C. 601–612), we have considered Route), mile 3.8, at Belle Chasse, drawbridge and evaluate public whether this proposed rule would have Plaquemines Parish, Louisiana to allow comments from this Notice of Proposed a significant economic impact on a for the bridge to remain in the closed- Rulemaking and the above referenced substantial number of small entities. to-navigation for an additional 90 Temporary Deviation to determine if a The term ‘‘small entities’’ comprises minutes in the afternoon to facilitate the permanent change to the special small businesses, not-for-profit movement of vehicular traffic. drawbridge operating regulation is organizations that are independently Presently, the draw need not open for warranted. owned and operated and are not the passage of vessels in the afternoon The Test Deviation shall allow the dominant in their fields, and from 3:30 p.m. until 5:30 p.m. The draw to open on signal, except that the governmental jurisdictions with request from Plaquemines Parish is to draw need not be opened for the passage populations of less than 50,000.

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The Coast Guard certifies under 5 Federal agencies to assess the effects of require a Statement of Energy Effects U.S.C. 605(b) that this proposed rule their discretionary regulatory actions. In under Executive Order 13211. would not have a significant economic particular, the Act addresses actions Technical Standards impact on a substantial number of small that may result in the expenditure by a entities. This proposed rule would affect State, local, or tribal government, in the The National Technology Transfer the following entities, some of which aggregate, or by the private sector of and Advancement Act (NTTAA) (15 might be small entities: the owners or $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use operators of vessels with vertical Though this proposed rule will not voluntary consensus standards in their clearances of greater that 40 feet needing result in such an expenditure, we do regulatory activities unless the agency to transit the bridge between the hours discuss the effects of this rule elsewhere provides Congress, through the Office of of 3:30 p.m. and 5:30 p.m., Monday in this preamble. Management and Budget, with an through Friday, except Federal holidays, explanation of why using these Taking of Private Property would be delayed an additional 90 standards would be inconsistent with minutes until 7 p.m. Vessels that can This proposed rule would not affect a applicable law or otherwise impractical. safely transit under the bridge may do taking of private property or otherwise Voluntary consensus standards are so at any time. Before the effective have taking implications under technical standards (e.g., specifications period, we will issue maritime Executive Order 12630, Governmental of materials, performance, design, or advisories widely available to users of Actions and Interference with operation; test methods; sampling the waterway. Constitutionally Protected Property procedures; and related management If you think that your business, Rights. systems practices) that are developed or adopted by voluntary consensus organization, or governmental Civil Justice Reform jurisdiction qualifies as a small entity standards bodies. and that this rule would have a This proposed rule meets applicable This proposed rule does not use significant economic impact on it, standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did please submit a comment (see Executive Order 12988, Civil Justice not consider the use of voluntary ADDRESSES) explaining why you think it Reform, to minimize litigation, consensus standards. eliminate ambiguity, and reduce qualifies and how and to what degree Environment this rule would economically affect it. burden. We have analyzed this proposed rule Protection of Children Assistance for Small Entities under Commandant Instruction Under section 213(a) of the Small We have analyzed this proposed rule M16475.lD and Department of Business Regulatory Enforcement under Executive Order 13045, Homeland Security Management Fairness Act of 1996 (Pub. L. 104–121), Protection of Children from Directive 5100.1, which guides the we want to assist small entities in Environmental Health Risks and Safety Coast Guard in complying with the understanding this proposed rule so that Risks. This rule is not an economically National Environmental Policy Act of they can better evaluate its effects on significant rule and would not create an 1969 (NEPA) (42 U.S.C. 4321–4370f), them and participate in the rulemaking. environmental risk to health or risk to and have made a preliminary If the rule would affect your small safety that might disproportionately determination that this action is not business, organization, or governmental affect children. likely to have a significant effect on the jurisdiction and you have questions Indian Tribal Governments human environment because it simply concerning its provisions or options for promulgates the operating regulations or compliance, please contact David Frank, This proposed rule does not have procedures for drawbridges. We seek Bridge Administration Branch, at 504– tribal implications under Executive any comments or information that may 671–2128. The Coast Guard will not Order 13175, Consultation and lead to the discovery of a significant retaliate against small entities that Coordination with Indian Tribal environmental impact from this question or complain about this rule or Governments, because it would not have proposed rule. any policy or action of the Coast Guard. a substantial direct effect on one or more Indian tribes, on the relationship List of Subjects in 33 CFR Part 117 Collection of Information between the Federal Government and Bridges. This proposed rule would call for no Indian tribes, or on the distribution of For the reasons discussed in the new collection of information under the power and responsibilities between the preamble, the Coast Guard proposes to Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. amend 33 CFR part 117 as follows: U.S.C. 3501–3520.). Energy Effects PART 117—DRAWBRIDGE Federalism We have analyzed this proposed rule OPERATION REGULATIONS A rule has implications for federalism under Executive Order 13211, Actions under Executive Order 13132, Concerning Regulations That 1. The authority citation for part 117 Federalism, if it has a substantial direct Significantly Affect Energy Supply, continues to read as follows: effect on State or local governments and Distribution, or Use. We have Authority: 33 U.S.C. 499; 33 CFR 1.05–1; would either preempt State law or determined that it is not a ‘‘significant Department of Homeland Security Delegation impose a substantial direct cost of energy action’’ under that order because No. 0170.1. compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ § 117.451(b) is revised to read as this proposed rule under that Order and under Executive Order 12866 and is not follows: have determined that it does not have likely to have a significant adverse effect implications for federalism. on the supply, distribution, or use of § 117.451 Gulf Intracoastal Waterway. energy. The Administrator of the Office * * * * * Unfunded Mandates Reform Act of Information and Regulatory Affairs (b) The draw of the SR 23 bridge, The Unfunded Mandates Reform Act has not designated it as a significant Algiers Alternate Route, mile 3.8 at of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not Belle Chasse, shall open on signal;

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except that, from 6 a.m. to 8:30 a.m. and rule, call Kay Wade, Bridge and 5 p.m., Monday through Friday, from 3:30 p.m. to 7 p.m. Monday Administration Branch at 504–671– except Federal holidays or the Bridge through Friday, except Federal holidays, 2128. If you have questions on viewing Administration Office in Room 1313 of the draw need not be opened for the or submitting material to the docket, call the Hale Boggs Federal Building, 500 passage of vessels. Renee V. Wright, Program Manager, Poydras Street, New Orleans, LA 70130 * * * * * Docket Operations, telephone 202–366– between 7 a.m. and 3 p.m., Monday 9826. through Friday, except Federal holidays. Dated: March 9, 2009. SUPPLEMENTARY INFORMATION: J.R. Whitehead, Privacy Act Rear Admiral, U.S. Coast Guard, Commander, Public Participation and Request for Anyone can search the electronic Eighth Coast Guard District. Comments form of all comments received into any [FR Doc. E9–6668 Filed 3–25–09; 8:45 am] We encourage you to participate in of our dockets by the name of the BILLING CODE 4910–15–P this rulemaking by submitting individual submitting the comment (or comments and related materials. All signing the comment, if submitted on comments received will be posted, behalf of an association, business, labor DEPARTMENT OF HOMELAND without change, to http:// union, etc.). You may review the SECURITY www.regulations.gov and will include Department of Transportation’s Privacy Act Statement in the Federal Register Coast Guard any personal information you have provided. We have an agreement with published on April 11, 2000 (65 FR 19477), or you may visit http:// 33 CFR Part 117 the Department of Transportation (DOT) to use the Docket Management Facility. DocketsInfo.dot.gov. [Docket No. USCG–2009–0101] Please see DOT’s ‘‘Privacy Act’’ Public Meeting paragraph below. RIN 1625–AA09 We do not now plan to hold a public Submitting Comments Drawbridge Operation Regulation; meeting. But you may submit a request Sabine River, Echo, TX If you submit a comment, please for one to the Docket Management include the docket number for this Facility at the address under ADDRESSES AGENCY: Coast Guard, DHS. rulemaking (USCG–2009–0101), explaining why one would be ACTION: Notice of proposed rulemaking. indicate the specific section of this beneficial. If we determine that one document to which each comment would aid this rulemaking, we will hold SUMMARY: The Coast Guard proposes to applies, and give the reason for each one at a time and place announced by change the regulation governing the comment. We recommend that you a later notice in the Federal Register. operation of the Union Pacific Railroad include your name and a mailing Background and Purpose Swing Span Bridge across the Sabine address, an e-mail address, or a phone River, mile 19.3, at Echo, Orange number in the body of your document Due to a lack of required openings County, TX. The bridge presently opens so that we can contact you if we have requested by mariners, the bridge owner on 24-hour notice but because of the questions regarding your submission. requested a modification to the Union limited number of requests for openings, You may submit your comments and Pacific railroad swing span bridge the bridge owner would like to increase material by electronic means, mail, fax, across the Sabine River, mile 19.3 at the length of notification time required or delivery to the Docket Management Echo, Texas to convert the existing to open the bridge. Facility at the address under ADDRESSES; bridge to a fixed span bridge. DATES: Comments and related material but please submit your comments and Previously, the Coast Guard issued a must reach the Coast Guard on or before material by only one means. If you Public Notice for a bridge permit May 26, 2009. submit them by mail or delivery, submit amendment to modify the swing bridge ADDRESSES: You may submit comments them in an unbound format, no larger and make it a fixed bridge. Numerous identified by Coast Guard docket than 81⁄2 by 11 inches, suitable for comments were received regarding the number USCG–2009–0101 to the Docket copying and electronic filing. If you proposed modification, indicating that Management Facility at the U.S. submit them by mail and would like to this change would have a negative Department of Transportation. To avoid know that they reached the Facility, impact on the residents and facilities in duplication, please use only one of the please enclose a stamped, self-addressed the area above the bridge. As a result, following methods: postcard or envelope. We will consider the bridge owner withdrew his request (1) Online: http:// all comments and material received for the bridge permit amendment to www.regulations.gov. during the comment period. We may convert the swing span bridge to a fixed (2) Mail: Docket Management Facility change this proposed rule in view of span bridge and has requested a 14-day (M–30), U.S. Department of them. advance notice to open the bridge. This Transportation, West Building Ground change would allow for the bridge Floor, Room W12–140, 1200 New Jersey Viewing Comments and Documents owner to open the bridge for the passage Avenue, SE., Washington, DC 20590– To view comments, as well as of vessels while minimizing his 0001. documents mentioned in this preamble requirements to staff and maintain the (3) Hand delivery: Room W12–140 on as being available in the docket, go to bridge. The bridge has a vertical the Ground Floor of the West Building, http://www.regulations.gov at any time. clearance of 7.9 feet above Mean High 1200 New Jersey Avenue, SE., Enter the docket number for this Water (MHW), elevation 2.18 feet NGVD Washington, DC 20590, between 9 a.m. rulemaking (USCG–2009–0101) in the in the closed-to-navigation position and and 5 p.m., Monday through Friday, Search box, and click ‘‘Go>>.’’ You may unlimited in the open-to-navigation except Federal holidays. The telephone also visit either the Docket Management position. In accordance with 33 CFR number is 202–366–9329. Facility in Room W12–140 on the 117.493(a), the bridge is required to (4) Fax: 202–493–2251. ground floor of the DOT West Building, open on signal for the passage of marine FOR FURTHER INFORMATION CONTACT: If 1200 New Jersey Avenue, SE., vessels if at least 24 hours of advanced you have questions on this proposed Washington, DC 20590, between 9 a.m. notice is given.

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Discussion of Proposed Rule entities. This proposed rule would affect aggregate, or by the private sector of The bridge owner has requested a the following entities, some of which $100,000,000 or more in any one year. change in the operating regulation might be small entities: The owners or Though this proposed rule will not which would allow the draw of the operators of vessels needing to transit result in such an expenditure, we do bridge to open on signal if at least 14 the bridge with less than 14 days discuss the effects of this rule elsewhere days advance notice is given. Presently, advance notice. There have been no in this preamble. requests for bridge openings in several the bridge opens on signal if at least 24 Taking of Private Property hours advanced notification is given. years so this proposed rule would not However, there have been no requests affect a substantial number of small This proposed rule would not affect a for bridge openings for more than fifteen entities. Vessels that can safely transit taking of private property or otherwise years. The change to the regulation under the bridge may do so at any time. have taking implications under Before the effective period, we will would allow the bridge owner to modify Executive Order 12630, Governmental issue maritime advisories widely his equipment on the bridge to improve Actions and Interference with its operation for train traffic while available to users of the river. If you think that your business, Constitutionally Protected Property allowing for the opening of the bridge Rights. for the passage of vessels. The increased organization, or governmental notification time would allow the bridge jurisdiction qualifies as a small entity Civil Justice Reform owner to have the necessary personnel and that this rule would have a and equipment available to operate the significant economic impact on it, This proposed rule meets applicable bridge. The proposed rule change to 33 please submit a comment (see standards in sections 3(a) and 3(b)(2) of CFR 117.493(a) would reduce the ADDRESSES) explaining why you think it Executive Order 12988, Civil Justice burden on the bridge owner while qualifies and how and to what degree Reform, to minimize litigation, maintaining the ability to operate the this rule would economically affect it. eliminate ambiguity, and reduce burden. bridge. Assistance for Small Entities Regulatory Analyses Under section 213(a) of the Small Protection of Children Business Regulatory Enforcement We developed this proposed rule after We have analyzed this proposed rule Fairness Act of 1996 (Pub. L. 104–121), considering numerous statutes and under Executive Order 13045, we want to assist small entities in executive orders related to rulemaking. Protection of Children from understanding this proposed rule so that Below we summarize our analyses Environmental Health Risks and Safety they can better evaluate its effects on based on 13 of these statutes or Risks. This rule is not an economically executive orders. them and participate in the rulemaking. If the rule would affect your small significant rule and would not create an Regulatory Planning and Review business, organization, or governmental environmental risk to health or risk to This proposed rule is not a jurisdiction and you have questions safety that might disproportionately ‘‘significant regulatory action’’ under concerning its provisions or options for affect children. section 3(f) of Executive Order 12866, compliance, please contact Kay Wade, Indian Tribal Governments Regulatory Planning and Review, and Bridge Administration Branch, at 504– does not require an assessment of 671–2128. The Coast Guard will not This proposed rule does not have potential costs and benefits under retaliate against small entities that tribal implications under Executive section 6(a)(3) of that Order. The Office question or complain about this rule or Order 13175, Consultation and of Management and Budget has not any policy or action of the Coast Guard. Coordination with Indian Tribal reviewed it under that Order. Governments, because it would not have We expect the economic impact of Collection of Information a substantial direct effect on one or this proposed rule to be so minimal that This proposed rule would call for no more Indian tribes, on the relationship a full Regulatory Evaluation is new collection of information under the between the Federal Government and unnecessary. Paperwork Reduction Act of 1995 (44 Indian tribes, or on the distribution of The public would need to notify the U.S.C. 3501–3520). power and responsibilities between the bridge owner of a required opening 14 Federal Government and Indian tribes. days in advance rather than 24 hours in Federalism advance. A rule has implications for federalism Energy Effects under Executive Order 13132, Small Entities Federalism, if it has a substantial direct We have analyzed this proposed rule Under the Regulatory Flexibility Act effect on State or local governments and under Executive Order 13211, Actions (5 U.S.C. 601–612), we have considered would either preempt State law or Concerning Regulations That whether this proposed rule would have impose a substantial direct cost of Significantly Affect Energy Supply, a significant economic impact on a compliance on them. We have analyzed Distribution, or Use. We have substantial number of small entities. this proposed rule under that Order and determined that it is not a ‘‘significant The term ‘‘small entities’’ comprises have determined that it does not have energy action’’ under that order because small businesses, not-for-profit implications for federalism. it is not a ‘‘significant regulatory action’’ organizations that are independently under Executive Order 12866 and is not owned and operated and are not Unfunded Mandates Reform Act likely to have a significant adverse effect dominant in their fields, and The Unfunded Mandates Reform Act on the supply, distribution, or use of governmental jurisdictions with of 1995 (2 U.S.C. 1531–1538) requires energy. The Administrator of the Office populations of less than 50,000. Federal agencies to assess the effects of of Information and Regulatory Affairs The Coast Guard certifies under 5 their discretionary regulatory actions. In has not designated it as a significant U.S.C. 605(b) that this proposed rule particular, the Act addresses actions energy action. Therefore, it does not would not have a significant economic that may result in the expenditure by a require a Statement of Energy Effects impact on a substantial number of small State, local, or tribal government, in the under Executive Order 13211.

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Technical Standards Dated: March 9, 2009. listed in the FOR FURTHER INFORMATION The National Technology Transfer J.R. Whitehead, CONTACT section below. • Fax: Mr. Guy Donaldson, Chief, Air and Advancement Act (NTTAA) (15 Rear Admiral, U.S. Coast Guard, Commander, Planning Section (6PD–L), at fax U.S.C. 272 note) directs agencies to use Eighth Coast Guard District. [FR Doc. E9–6679 Filed 3–25–09; 8:45 am] number 214–665–7263. voluntary consensus standards in their • BILLING CODE 4910–15–P Mail: Mr. Guy Donaldson, Chief, regulatory activities unless the agency Air Planning Section (6PD–L), provides Congress, through the Office of Environmental Protection Agency, 1445 Management and Budget, with an Ross Avenue, Suite 1200, Dallas, Texas ENVIRONMENTAL PROTECTION explanation of why using these 75202–2733. standards would be inconsistent with AGENCY • Hand or Courier Delivery: Mr. Guy applicable law or otherwise impractical. 40 CFR Part 52 Donaldson, Chief, Air Planning Section Voluntary consensus standards are (6PD–L), Environmental Protection technical standards (e.g., specifications [EPA–R06–OAR–2009–0014; FRL–8783–1] Agency, 1445 Ross Avenue, Suite 1200, of materials, performance, design, or Dallas, Texas 75202–2733. Such operation; test methods; sampling Approval and Promulgation of Air deliveries are accepted only between the procedures; and related management Quality Implementation Plans; hours of 8 a.m. and 4 p.m. weekdays systems practices) that are developed or Louisiana; Baton Rouge 1-Hour Ozone except for legal holidays. Special adopted by voluntary consensus Nonattainment Area; Determination of arrangements should be made for standards bodies. Attainment of the 1-Hour Ozone deliveries of boxed information. This proposed rule does not use Standard Instructions: Direct your comments to technical standards. Therefore, we did Docket ID No. EPA–R06–OAR–2009– AGENCY: Environmental Protection not consider the use of voluntary Agency (EPA). 0014. EPA’s policy is that all comments consensus standards. received will be included in the public ACTION: Proposed rule. docket without change and may be Environment SUMMARY: EPA is proposing to made available online at http:// We have analyzed this proposed rule determine that the Baton Rouge (BR) 1- www.regulations.gov, including any under Department of Homeland hour ozone nonattainment area is personal information provided, unless Security Management Directive 0023.1 currently attaining the 1-hour ozone the comment includes information and Commandant Instruction National Ambient Air Quality Standard claimed to be Confidential Business M16475.lD which guides the Coast (NAAQS). This determination is based Information (CBI) or other information Guard in complying with the National upon certified ambient air monitoring the disclosure of which is restricted by Environmental Policy Act of 1969 data that show the area has monitored statute. Do not submit information (NEPA) (42 U.S.C. 4321–4370f), and attainment of the 1-hour ozone NAAQS through http://www.regulations.gov or have made a preliminary determination for the 2006–2008 monitoring period. If e-mail that you consider to be CBI or that this is one of a category of actions otherwise protected from disclosure. this proposed determination is made which, individually or cumulatively, is The http://www.regulations.gov Web final, the requirements for this area to not likely to have a significant effect on site is an anonymous access system, submit a severe attainment the human environment because it which means EPA will not know your demonstration, a severe reasonable simply promulgates the operating identity or contact information unless further progress plan, applicable regulations or procedures for you provide it in the body of your contingency measures plans, and other drawbridges. We seek any comments or comment. If you send an e-mail planning State Implementation Plan information that may lead to the comment directly to EPA without going (SIP) requirements related to attainment discovery of a significant environmental through http://www.regulations.gov, of the 1-hour ozone NAAQS, shall be impact from this proposed rule. your e-mail address will be suspended for so long as the area automatically captured and included as continues to attain the 1-hour ozone List of Subjects in 33 CFR Part 117 part of the comment that is placed in the NAAQS. EPA is proposing this action in Bridges. public docket and made available on the accordance with section 110 and part D Internet. If you submit an electronic For the reasons discussed in the of the Federal Clean Air Act (the Act or comment, EPA recommends that you preamble, the Coast Guard proposes to CAA) and EPA’s regulations and include your name and other contact amend 33 CFR part 117 as follows: consistent with EPA’s guidance. information in the body of your PART 117—DRAWBRIDGE DATES: Comments must be received on comment and with any disk or CD–ROM OPERATION REGULATIONS or before April 27, 2009. you submit. If EPA cannot read your ADDRESSES: Submit your comments, comment due to technical difficulties 1. The authority citation for part 117 identified by Docket No. EPA–R06– and cannot contact you for clarification, continues to read as follows: OAR–2009–0014, by one of the EPA may not be able to consider your Authority: 33 U.S.C. 499; 33 CFR 1.05–1; following methods: comment. Electronic files should avoid Department of Homeland Security Delegation • Federal Rulemaking Portal: http:// the use of special characters, any form No. 0170.1. www.regulations.gov. Follow the on-line of encryption, and be free of any defects 2. In § 117.493, paragraph (a) is instructions for submitting comments. or viruses. revised to read as follows: • U.S. EPA Region 6 ‘‘Contact Us’’ Docket: All documents in the docket Web site: http://epa.gov/region6/ are listed in the http:// § 117.493 Sabine River. r6coment.htm. Please click on ‘‘6PD’’ www.regulations.gov index. Although (a) The draw of the Union Pacific (Multimedia) and select ‘‘Air’’ before listed in the index, some information is railroad bridge, mile 19.3 near Echo submitting comments. not publicly available, e.g., CBI or other shall open on signal if at least 14 days • E-mail: Mr. Guy Donaldson at information whose disclosure is notice is given. [email protected]. Please also restricted by statute. Certain other * * * * * send a copy by email to the person material, such as copyrighted material,

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will be publicly available only in hard any given day. Only the highest 1-hour Control Measures (RACM) copy. Publicly available docket ozone concentration at the monitor demonstration, on July 2, 1999. 64 FR materials are available either during any 24-hour day is considered 35930. The BR area, however, did not electronically in http:// when determining the number of attain by the serious area statutory www.regulations.gov or in hard copy at exceedance days at the monitor. An area deadline of November 15, 1999. Before the Air Planning Section (6PD–L), violates the ozone standard if, over a this deadline however, EPA had issued Environmental Protection Agency, 1445 consecutive 3-year period, more than 3 a guidance memorandum that allowed Ross Avenue, Suite 700, Dallas, Texas days of exceedances occur at the same an area to retain its existing 75202–2733. The file will be made monitor. For more information please classification and receive a later available by appointment for public see ‘‘National 1-hour primary and attainment deadline if the EPA found inspection in the Region 6 FOIA Review secondary ambient air quality standards that area met all of its existing Room between the hours of 8:30 a.m. for ozone’’ (40 CFR 50.9) and classification requirements, approved a and 4:30 p.m. weekdays except for legal ‘‘Interpretation of the 1-Hour Primary demonstration that the area would holidays. Contact the person listed in and Secondary National Ambient Air attain but for the transport from another the FOR FURTHER INFORMATION CONTACT Quality Standards for Ozone’’ (40 CFR area, and approved the attainment paragraph below to make an part 50, Appendix H). demonstration SIP with its associated appointment. If possible, please make The fourth-highest daily ozone elements. See EPA’s ‘‘Guidance on the appointment at least two working concentration over the 3-year period is Extension of Attainment Dates for days in advance of your visit. There will called the design value (DV). The DV Downwind Transport Areas’’ (the be a fee of 15 cents per page for making indicates the severity of the ozone Extension Policy) (Richard D. Wilson, photocopies of documents. On the day problem in an area; it is the ozone level Acting Assistant Administrator for Air of the visit, please check in at the EPA around which a state designs its control and Radiation) July 16, 1998. On Region 6 reception area at 1445 Ross strategy for attaining the ozone October 2, 2002, EPA approved the Avenue, Suite 700, Dallas, Texas 75202– standard. A monitor’s DV is the fourth revised attainment demonstration SIP 2733. highest ambient concentration recorded and its associated elements, found the FOR FURTHER INFORMATION CONTACT: Ms. at that monitor over the previous 3 area met all of the serious area Sandra Rennie, Air Planning Section years. An area’s DV is the highest of the requirements, found there was transport (6PD–L), Environmental Protection design values from the area’s monitors. from Texas affecting the BR area Agency, Region 6, 1445 Ross Avenue, The Act, as amended in 1990, reaching attainment, and extended the Suite 700, Dallas, Texas 75202–2733, required EPA to designate as attainment date for the BR area to telephone (214) 665–7367, fax (214) nonattainment any area that was November 15, 2005, without 665–7263, e-mail address violating the 1-hour ozone standard, reclassifying the area from serious to [email protected]. generally based on air quality severe, consistent with the policy. 67 FR monitoring data from the 1987 through SUPPLEMENTARY INFORMATION: 61786 (October 2, 2002). 1989 period (section 107(d)(4) of the On December 11, 2002, the U.S. Court Throughout this document, ‘‘we,’’ ‘‘us,’’ Act; 56 FR 56694, November 6, 1991). and ‘‘our’’ means EPA. This of Appeals for the Fifth Circuit vacated The Act further classified these areas, EPA’s Extension Policy used to extend supplementary information section is based on their ozone DVs, as marginal, arranged as follows: the 1-hour ozone attainment deadline moderate, serious, severe, or extreme. for the Beaumont-Port Arthur, Texas, The control requirements and date by I. What Is the Background for This Action? area without reclassifying the area. II. What Is the Impact of a United States which attainment is to be achieved vary Sierra Club v. EPA, 314 F.3d 735 (5th Court of Appeals Decision in the South with an area’s classification. Marginal Cir. 2002). Thereupon, EPA on April 24, Coast Case Regarding EPA’s Phase 1 Ozone areas are subject to the fewest mandated 2003, withdrew its approval of the BR Implementation Rule on This Proposed control requirements and had the Rule? area’s revised attainment demonstration earliest attainment date, November 15, III. Proposed Determination of Attainment and the granting of an extended 1993, while severe and extreme areas IV. What Action Is EPA Taking? attainment deadline, finalized its are subject to more stringent planning V. Statutory and Executive Order Reviews finding of the area failing to attain the requirements and are provided more standard by the serious area deadline I. What Is the Background for This time to attain the standard. Action? and reclassified the BR area by The Act requires us to establish Baton Rouge’s History operation of law, to severe NAAQS for certain widespread EPA first designated the Baton Rouge nonattainment. See 68 FR 20077 (April 1 pollutants that cause or contribute to air area as an ozone nonattainment area in 24, 2003). Once reclassified to severe, pollution that is reasonably anticipated 1978. 43 FR 8964, 8998 (March 3, 1978). 1 Petitions for review of the October 2, 2002, to endanger public health or welfare The BR 1-hour ozone nonattainment rulemaking were filed in the U.S. Court of Appeals (sections 108 and 109 of the Act). In area contains five parishes: East Baton for the Fifth Circuit (Louisiana Environmental 1979, we promulgated the revised 1- Rouge; West Baton Rouge; Ascension; Action Network (LEAN) v. EPA, No. 02–60991). The hour ozone standard of 0.12 parts per Iberville; and Livingston Parishes (40 issues raised concerned EPA’s decision to approve Louisiana’s substitute contingency measures plan, million (ppm) (44 FR 8202, February 8, CFR 81.319). In 1991, the BR area was the revised attainment demonstration SIP with a 1979). For ease of communication, many designated nonattainment by operation later attainment deadline without reclassifying the reports of ozone concentrations are of law and EPA classified the BR area area to severe, and the associated precursor trading given in parts per billion (ppb); ppb = as a ‘‘serious’’ ozone nonattainment area provision of the NSR rules. On February 25, 2003, × the court granted EPA’s partial voluntary remand to ppm 1000. Thus, 0.12 ppm becomes with a statutory deadline of November allow EPA the time to meet the December 2002 120 ppb or 124 ppb when rounding is 15, 1999. 56 FR 56694 (November 6, court decision by withdrawing its approval of the considered. 1991). EPA approved the serious revised attainment demonstration SIP that extended An area exceeds the 1-hour ozone attainment demonstration SIP and its the attainment deadline without reclassifying the area and the associated NSR precursor trading standard each time an ambient air associated elements, e.g., attainment provision. The court also addressed the substitute quality monitor records a 1-hour average Motor Vehicle Emissions Budgets contingency measures claim, and vacated and ozone concentration above 0.12 ppm in (MVEB), the Reasonably Available Continued

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the statutory attainment date for BR was On December 22, 2006, the U.S. Court ozone standard requirements applicable November 15, 2005. As a result of the of Appeals for the District of Columbia to the five-parish area are those that reclassification to severe, the State was Circuit vacated the Phase 1 Rule. South apply to nonattainment areas classified required to submit an attainment Coast Air Quality Management Dist. v. as severe. This includes meeting the demonstration SIP with an attainment EPA, 472 F.3d 882 (DC Cir. 2006). On serious area requirements. Louisiana date of November 15, 2005. The April June 8, 2007, in South Coast Air Quality submitted and EPA approved all the 24, 2003, action also set the dates by Management Dist. v. EPA, Docket No. requirements for a 1-hour ozone area which Louisiana was to submit SIP 04–1201, in response to several classified as serious. EPA’s approval of revisions addressing the CAA’s petitions for rehearing, the DC Circuit the serious area Contingency Measures pollution control requirements for clarified that the Phase 1 Rule was was challenged in the U.S. Court of severe ozone nonattainment areas and to vacated only with regard to those parts Appeals for the Fifth Circuit (See attain the 1-hour NAAQS for ozone. of the rule that had been successfully footnote 1). The Court vacated the Under section 182(d) and section (i) of challenged. With respect to the serious area contingency measure and the Act, serious ozone nonattainment challenges to the anti-backsliding remanded it to EPA. areas reclassified to severe are required provisions of the rule, the court vacated to submit SIP revisions addressing the three provisions that would have The severe area requirements include severe area requirements for the 1-hour allowed States to remove from the SIP Reasonably Available Control ozone NAAQS. Under section 182(d), or not to adopt three 1-hour obligations Technology (RACT) for both VOC and severe area plans are required to meet once the 1-hour standard was revoked to NOX, NSR Emissions Offset all the requirements for serious area transition to the implementation of the Requirement, Vehicle Miles Traveled plans and all the requirements for 8-hour ozone standard: (1) (VMT) Analysis, Post-1999 Rate of severe area plans. Nonattainment area new source review Progress Plan, Contingency Measures, In 1997, EPA promulgated a new, (NSR) requirements based on an area’s and an Attainment Demonstration. The more protective standard for ozone 1-hour nonattainment classification; (2) State has submitted many required based on an 8-hour average section 185 penalty fees for 1-hour severe area plan requirements, concentration (the 1997 8-hour ozone severe or extreme nonattainment areas including the severe area ROP Plan, but standard). In 2004, EPA published the that fail to attain the 1-hour standard by has not submitted others, including the 1997 8-hour ozone designations and the 1-hour attainment date; and (3) classifications and a rule governing attainment demonstration and the measures to be implemented pursuant contingency measures. The VMT certain facets of implementation of the to section 172(c)(9) or 182(c)(9) of the 8-hour ozone standard (Phase 1 Rule) Analysis was approved November 21, Act, on the contingency of an area not 2006 (71 FR 67308). (69 FR 23858 and 69 FR 23951, making reasonable further progress respectively, April 30, 2004). The BR toward attainment of the 1-hour NAAQS Under the Phase 1 rule and as a result area was designated as nonattainment or for failure to attain that NAAQS. The of the South Coast decision, the for the 1997 8-hour ozone standard. The court clarified that 1-hour conformity requirement to provide a severe 8-hour nonattainment area is composed determinations are not required for anti- attainment demonstration SIP and the of the same five parishes as the 1-hour backsliding purposes. serious and severe RFP/failure-to-attain ozone nonattainment area. The area was The provisions in 40 CFR 51.905(a)– contingency measures remain in place. classified as marginal under the 1997 8- (c) concerning anti-backsliding remain However, as discussed below, these hour ozone standard. At the time of in effect and areas must continue to requirements would be suspended designation, the five parishes remained meet those requirements. However, the based on a finding of attainment of the in nonattainment for the 1-hour court decision vacated the portions of 1-hour ozone standard, and for so long standard. The Phase 1 Rule revoked the 1-hour § 51.905(e) that removed the obligations as the area remains in attainment of the ozone standard. See 69 FR 23951. The to meet the three provisions noted standard in the future. Phase 1 Rule also provided that 1-hour above. As a result, states must continue to meet the obligations for 1-hour NSR; II. Proposed Determination of ozone nonattainment areas are required Attainment to adopt and implement ‘‘applicable 1-hour contingency measures; and, for requirements’’ according to the area’s severe and extreme areas, the EPA is proposing to determine that classification under the 1-hour ozone obligations related to a section 185 fee the Baton Rouge 1-hour ozone standard for anti-backsliding purposes. program. Currently, EPA has proposed nonattainment area is currently in See 40 CFR 51.905(a)(i). On May 26, one rule and is developing other actions attainment of the 1-hour standard based 2005, we determined that an area’s 1- to address the court’s vacatur and on the most recent 3 years of quality- remand with respect to these three hour designation and classification as of assured air quality data. Certified requirements. We address below how June 15, 2004 would dictate what 1- ambient air monitoring data show that the 1-hour obligations that currently hour obligations remain as ‘‘applicable the area has monitored attainment of the continue to apply under EPA’s anti- requirements’’ under the Phase 1 Rule. 1-hour ozone NAAQS for the 2006–2008 40 CFR 51.900(f). (70 FR 30592).2 backsliding rule (as interpreted and directed by the court) apply where EPA monitoring period. Consistent with 40 CFR part 50, Appendix H, Table 1 remanded EPA’s approval of the contingency has made a determination that the area measures. is currently attaining the 1-hour contains the 1-hour ozone data for the 2 As detailed in Section II below, various parties NAAQS. BR 1-hour ozone nonattainment area challenged the Phase 1 rule. In particular, the The Baton Rouge 1-hour monitors that show that the area is Chamber of Baton Rouge challenged EPA’s currently attaining the 1-hour ozone authority to continue to enforce the 1-hour area nonattainment area was still classified requirements. as severe on June 15, 2004, so the 1-hour NAAQS.

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TABLE 1—1-HOUR OZONE DATA FOR THE BATON ROUGE 1-HOUR OZONE NONATTAINMENT AREA

Design Actual and expected number of 3-year value exceedances a exceedance Site (ppb) average 2006–2008 2006 2007 2008 2006–2008

Plaquemine (22–047–0009)...... 114 0 0 0 0 Carville (22–047–0012)...... 113 0 0 0 0 Dutchtown (22–005–0004)...... 112 0 1 0 0.33 Baker (22–033–1001)...... 111 1 0 0 0.33 LSU (22–033–0003)...... 110 0 2 0 0.67 Grosse Tete (22–047–0007) ...... 110 1 1 0 0.67 Port Allen (22–121–0001) ...... 106 1 0 0 0.33 Pride (22–033–0013)...... 101 0 0 0 0 French Settlement (22–063–0002) ...... 100 1 0 0 0.33 Capitol (22–033–0009)...... 97 0 0 0 0 a The actual and expected number of exceedances were equal in all cases.

Pursuant to the interpretation set forth Earth Foundation v. EPA, No. 04–73032 V. Statutory and Executive Order in the May 10, 1995 memorandum from (9th Cir. June 28, 2005) memorandum Reviews John S. Seitz, Director, Office of Air opinion.3 See also the discussion and Under Executive Order 12866 (58 FR Quality Planning and Standards, rulemakings cited in the Phase 2 Rule, 51735, October 4, 1993), this proposed entitled ‘‘Reasonable Further Progress, 70 FR 71644–71646 (November 29, action is not a ‘‘significant regulatory Attainment Demonstration, and Related 2005). action’’ and therefore is not subject to Requirements for Ozone Nonattainment IV. What Action Is EPA Taking? review by the Office of Management and Areas Meeting the Ozone Ambient Air Budget. For this reason, this action is Quality Standard’’ (Clean Data Policy), EPA proposes to find that the BR 1- also not subject to Executive Order EPA is proposing to make a finding of hour ozone nonattainment area has 13211, ‘‘Actions Concerning Regulations attainment based on current air quality. attained the 1-hour ozone standard; thus That Significantly Affect Energy Supply, Under this policy, if EPA determines the requirements for submitting the Distribution, or Use’’ (66 FR 28355, May through rulemaking that the Baton severe attainment demonstration SIP 22, 2001). This action proposes to make Rouge 1-hour ozone nonattainment area with its RACM demonstration and other a determination based on air quality is meeting the 1-hour ozone standard, associated elements, the severe RFP data, and would, if finalized, result in the requirements for the State to submit requirements, and section 172(c)(9) and the suspension of certain Federal and have an approved attainment section 182(c)(9) serious and severe requirements. Accordingly, the demonstration, and related components contingency measures are suspended for Administrator certifies that this rule such as reasonably available control so long as the area is attaining the 1- will not have a significant economic measures (RACM), a reasonable further hour ozone standard. impact on a substantial number of small progress (RFP) demonstration, entities under the Regulatory Flexibility contingency measures for failure to Thus, pursuant to our proposed Act (5 U.S.C. 601, et seq.). Because this attain or make reasonable further determination of attainment and in rule proposes to make a determination progress are suspended as long as the accordance with our Clean Data Policy, based on air quality data, and would, if area continues to attain the 1-hour the effect of the finding is that the finalized, result in the suspension of ozone NAAQS. EPA intends to address following requirements to submit SIP certain Federal requirements, it does not the impact of a Clean Data measures under the 1-hour anti- contain any unfunded mandate or determination on a CAA section 185 backsliding provisions (40 CFR 51.905) significantly or uniquely affect small fees program separately based on the are suspended for so long as the area governments, as described in the outcome of a rulemaking to address the continues to attain the 1-hour standard: Unfunded Mandates Reform Act of 1995 South Coast decision with respect to RFP reductions under sections 182(d) (Pub. L. 104–4). This proposed rule also this issue, discussed above. See 74 FR and 182(c)(2)(B) (for severe areas). does not have tribal implications 2936, 2941 (January 16, 2009). Attainment demonstration under because it will not have a substantial As stated above, the suspension of sections 182(d) and 182(c)(2) (for direct effect on one or more Indian requirements continues for so long as severe areas) and associated RACM tribes, on the relationship between the the area remains in attainment. If the demonstration. Federal Government and Indian tribes, area subsequently violates the ozone or on the distribution of power and NAAQS, EPA would initiate notice-and- Contingency measures for failure to responsibilities between the Federal comment rulemaking to withdraw the meet RFP under section 172(c)(9) and Government and Indian tribes, as determination of attainment, which section 182(c)(9) (for serious and specified by Executive Order 13175 (65 would result in reinstatement of the severe areas) and contingency FR 67249, November 9, 2000). This requirements for the State to submit measures for failure to attain under proposed action also does not have such suspended plans. sections 172(c)(9) and 182(c)(9) (for Federalism implications because it does The Tenth, Seventh and Ninth severe areas). not have substantial direct effects on the Circuits have upheld EPA rulemakings States, on the relationship between the applying the Clean Data Policy. See 3 The Clean Data Policy, as it is embodied in 40 national government and the States, or CFR 51.918, is being challenged in the context of Sierra Club v. EPA, 99 F. 3d 1551 (10th the 8-hour ozone standard in the Phase 2 Rule on the distribution of power and Cir. 1996); Sierra Club v. EPA, 375 F.3d ozone litigation pending in the DC Circuit, NRDC responsibilities among the various 537 (7th Cir. 2004) and Our Children’s v. EPA, No. 06–1045 (DC Cir.). levels of government, as specified in

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Executive Order 13132 (64 FR 43255, ENVIRONMENTAL PROTECTION Branch, Air, Pesticides and Toxics August 10, 1999), because it merely AGENCY Management Division, U.S. proposes to make a determination based Environmental Protection Agency, on air quality data and would, if 40 CFR Part 52 Region 4, 61 Forsyth Street, SW., finalized, result in the suspension of [EPA–R04–OAR–2007–0359–200823(b); Atlanta, Georgia 30303–8960. certain Federal requirements, and does FRL–8781–6] (e) Hand Delivery or Courier: not alter the relationship or the Amanetta Wood, Air Quality Modeling distribution of power and Approval and Promulgation of and Transportation Section, Air responsibilities established in the Clean Implementation Plans; Revisions to the Planning Branch, Air, Pesticides and Air Act. This proposed rule also is not Alabama State Implementation Plan; Toxics Management Division, U.S. subject to Executive Order 13045 Birmingham and Jackson Counties Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., ‘‘Protection of Children from AGENCY: Environmental Protection Atlanta, Georgia 30303–8960. Such Environmental Health Risks and Safety Agency (EPA). deliveries are only accepted during the Risks’’ (62 FR 19885, April 23, 1997), ACTION: Proposed rule. Regional Office’s normal hours of because it proposes to determine that air operation. The Regional Office’s official quality in the affected area is meeting SUMMARY: EPA is proposing to approve a revision to the Alabama State hours of business are Monday through Federal standards. The requirements of Friday, 8:30 to 4:30, excluding Federal section 12(d) of the National Implementation Plan (SIP) for two separate areas: Birmingham holidays. Technology Transfer and Advancement Please see the direct final rule which Act of 1995 (15 U.S.C. 272 note) do not nonattainment area and Jackson County nonattainment area for both the 8-hour is located in the Rules section of this apply because it would be inconsistent ozone and the PM National Ambient Federal Register for detailed with applicable law for EPA, when 2.5 Air Quality Standard. On March 7, instructions on how to submit determining the attainment status of an 2007, and on January 8, 2009, revisions comments. area, to use voluntary consensus of the transportation conformity criteria FOR FURTHER INFORMATION CONTACT: standards in place of promulgated air and procedures related to interagency Amanetta Wood of the Air Quality quality standards and monitoring consultation and enforceability of Modeling and Transportation Section at procedures that otherwise satisfy the certain transportation-related control the Air Planning Branch, Air, Pesticides provisions of the Clean Air Act. This measures and mitigation measures were and Toxics Management Division, U.S. proposed rule does not impose an submitted to EPA for approval by the Environmental Protection Agency, information collection burden under the State of Alabama. The intended effect is Region 4, 61 Forsyth Street, SW., provisions of the Paperwork Reduction to update the transportation conformity Atlanta, Georgia 30303–8960. Ms. Act of 1995 (44 U.S.C. 3501, et seq.). criteria and procedures in the Alabama Wood’s telephone number is 404–562– Under Executive Order 12898, EPA SIP. 9025. She can also be reached via finds that this rule involves a proposed In the Final Rules Section of this electronic mail at determination of attainment based on Federal Register, EPA is approving the [email protected]. air quality data and will not have State’s SIP revision as a direct final rule SUPPLEMENTARY INFORMATION: disproportionately high and adverse without prior proposal because the For additional information see the direct human health or environmental effects Agency views this as a noncontroversial final rule which is published in the on any communities in the area, submittal and anticipates no adverse Rules Section of this Federal Register. including minority and low-income comments. A detailed rationale for the communities. approval is set forth in the direct final Dated: February 25, 2009. rule. If no adverse comments are Beverly H. Banister, List of Subjects in 40 CFR Part 52 received in response to this rule, no Acting Regional Administrator, Region 4. further activity is contemplated. If EPA [FR Doc. E9–6644 Filed 3–25–09; 8:45 am] Environmental protection, Air receives adverse comments, the direct BILLING CODE 6560–50–P pollution control, Incorporation by final rule will be withdrawn and all reference, Intergovernmental relations, public comments received will be Nitrogen dioxides, Ozone, Reporting addressed in a subsequent final rule ENVIRONMENTAL PROTECTION and recordkeeping requirements, based on this proposed rule. EPA will AGENCY Volatile organic compounds. not institute a second comment period Authority: 42 U.S.C. 7401 et seq. on this document. Any parties 40 CFR Part 62 interested in commenting on this Dated: March 5, 2009. document should do so at this time. [EPA–R09–OAR–2008–0942; FRL–8781–1] Lawrence Starfield, DATES: Written comments must be Approval and Promulgation of State Acting Regional Administrator, Region 6. received on or before April 27, 2009. Air Quality Plans for Designated [FR Doc. E9–6598 Filed 3–25–09; 8:45 am] ADDRESSES: Submit your comments, Facilities and Pollutants; Control of BILLING CODE 6560–50–P identified by Docket ID No. EPA–R04– Emissions From Existing Other Solid OAR–2007–0359, by one of the Waste Incinerator Units; Arizona; Pima following methods: County Department of Environmental (a) http://www.regulations.gov: Quality Follow the on-line instructions for submitting comments. AGENCY: Environmental Protection (b) E-mail: [email protected]. Agency (EPA). (c) Fax: (404) 562–9019. ACTION: Proposed rule. (d) Mail: ‘‘EPA–R04–OAR–2007– 0359,’’ Air Quality Modeling and SUMMARY: EPA is proposing to approve Transportation Section, Air Planning a negative declaration submitted by the

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Pima County Department of section 111(d)/129 negative declaration 2008.1 By this petition, Comcorp seeks Environmental Quality. The negative submitted by the Pima County permission to return to its previously declaration certifies that other solid Department of Environmental Quality allotted DTV channel 28 at its original waste incinerator units, which are certifying that other solid waste technical specifications.2 subject to the requirements of sections incinerator units do not exist within its DATES: Comments must be filed on or 111(d) and 129 of the Clean Air Act, do air pollution control jurisdiction. This before April 10, 2009, and reply not exist within the agency’s air negative declaration was submitted on comments on or before April 20, 2009. pollution control jurisdiction. April 14, 2008. For further information, ADDRESSES: Federal Communications DATES: Any comments on this proposal please see the information provided in Commission, Office of the Secretary, must arrive by April 27, 2009. the direct final action, with the same 445 12th Street, SW., Washington, DC ADDRESSES: Submit comments, title, that is located in the ‘‘Rules and 20554. In addition to filing comments identified by docket number EPA–R09– Regulations’’ section of this Federal with the FCC, interested parties should OAR–2008–0942, by one of the Register publication. If no adverse serve counsel for petitioner as follows: following methods: comments are received in response to Scott S. Patrick, Esq., Dow Lohnes 1. Federal eRulemaking Portal: this action, no further activity will be PLLC, 1200 New Hampshire Avenue, http://www.regulations.gov. Follow the contemplated. If adverse comments are NW., Suite 800, Washington, DC 20036– on-line instructions. received, then EPA will publish a timely 6802. 2. E-mail: [email protected]. withdrawal of the direct final rule and FOR FURTHER INFORMATION CONTACT: 3. Mail or deliver: Andrew Steckel address the comments in subsequent David J. Brown, [email protected], (Air-4), U.S. Environmental Protection action based on this proposed rule. Media Bureau, (202) 418–1600. Agency Region IX, 75 Hawthorne Street, Please note that if we receive adverse SUPPLEMENTARY INFORMATION: This is a San Francisco, CA 94105–3901. comment on an amendment, paragraph, synopsis of the Commission’s Notice of Instructions: All comments will be or section of this rule and if that Proposed Rule Making, MB Docket No. included in the public docket without provision may be severed from the 09–34, adopted March 16, 2009, and change and may be made available remainder of the rule, we may adopt as released March 17, 2009. The full text online at http://www.regulations.gov, final those provisions of the rule that are of this document is available for public including any personal information not the subject of an adverse comment. inspection and copying during normal provided, unless the comment includes EPA will not institute a second business hours in the FCC’s Reference Confidential Business Information (CBI) comment period. Any parties interested Information Center at Portals II, CY– or other information whose disclosure is in commenting on this action should do A257, 445 12th Street, SW., restricted by statute. Information that so at this time. Washington, DC, 20554. This document you consider CBI or otherwise protected Dated: February 18, 2009. will also be available via ECFS (http:// should be clearly identified as such and Jane Diamond, www.fcc.gov/cgb/ecfs/). (Documents should not be submitted through Acting Regional Administrator, Region IX. will be available electronically in ASCII, http://www.regulations.gov or e-mail. Word 97, and/or Adobe Acrobat.) This http://www.regulations.gov is an [FR Doc. E9–6626 Filed 3–25–09; 8:45 am] BILLING CODE 6560–50–P document may be purchased from the ‘‘anonymous access’’ system, and EPA Commission’s duplicating contractor, will not know your identity or contact Best Copy and Printing, Inc., 445 12th information unless you provide it in the Street, SW., Room CY–B402, body of your comment. If you send e- Washington, DC 20554, telephone 1– mail directly to EPA, your e-mail FEDERAL COMMUNICATIONS COMMISSION 800–478–3160 or via e-mail http:// address will be automatically captured www.BCPIWEB.com. To request this and included as part of the public 47 CFR Part 73 document in accessible formats comment. If EPA cannot read your (computer diskettes, large print, audio comment due to technical difficulties recording, and Braille), send an e-mail and cannot contact you for clarification, [DA 09–606; MB Docket No. 09–34; RM– 11522] to [email protected] or call the EPA may not be able to consider your Commission’s Consumer and comment. Television Broadcasting Services; Governmental Affairs Bureau at (202) Docket: The index to the docket for Bryan, TX 418–0530 (voice), (202) 418–0432 this action is available electronically at (TTY). This document does not contain http://www.regulations.gov and in hard AGENCY: Federal Communications proposed information collection copy at EPA Region IX, 75 Hawthorne Commission. requirements subject to the Paperwork Street, San Francisco, California. While ACTION: Proposed rule. Reduction Act of 1995, Public Law 104– all documents in the docket are listed in 13. In addition, therefore, it does not the index, some information may be SUMMARY: The Commission requests contain any proposed information publicly available only at the hard copy comments on a channel substitution collection burden ‘‘for small business location (e.g., copyrighted material), and proposed by Comcorp of Bryan License concerns with fewer than 25 some may not be publicly available in Corp. (‘‘Comcorp’’), the licensee of employees,’’ pursuant to the Small either location (e.g., CBI). To inspect the station KYLE–DT, post-transition DTV Business Paperwork Relief Act of 2002, hard copy materials, please schedule an channel 29, Bryan, Texas. On June 20, Public Law 107–198, see 44 U.S.C. appointment during normal business 2008, Comcorp filed a petition for 3506(c)(4). hours with the contact listed in the FOR rulemaking in which it requested FURTHER INFORMATION CONTACT section. permission to substitute DTV channel 1 Bryan, Texas, 23 FCC Rcd 16440 (Vid. Div. FOR FURTHER INFORMATION CONTACT: Mae 29 for its originally assigned DTV 2008). Wang, EPA Region IX, (415) 947–4124, channel 28 at Bryan, as well to move its 2 Comcorp is filing a new petition for rulemaking [email protected]. transmitter location and make because the time period for filing a petition for reconsideration of the original amendment to the SUPPLEMENTARY INFORMATION: This associated technical changes. The staff Post-Transition DTV Table of Allotments has proposal addresses a Clean Air Act granted the request on November 5, expired.

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Provisions of the Regulatory For information regarding proper Authority: 47 U.S.C. 154, 303, 334, 336. Flexibility Act of 1980 do not apply to filing procedures for comments, see 47 § 73.622(i) [Amended] this proceeding. Members of the public CFR 1.415 and 1.420. should note that from the time a Notice List of Subjects in 47 CFR Part 73 2. Section 73.622(i), the Post- of Proposed Rule Making is issued until Transition Table of DTV Allotments the matter is no longer subject to Television, Television broadcasting. under Texas, is amended by adding Commission consideration or court For the reasons discussed in the DTV channel 28 and removing DTV review, all ex parte contacts are preamble, the Federal Communications channel 29 at Bryan. prohibited in Commission proceedings, Commission proposes to amend 47 CFR part 73 as follows: Federal Communications Commission. such as this one, which involve channel Clay C. Pendarvis, allotments. See 47 CFR 1.1204(b) for PART 73—RADIO BROADCAST Associate Chief, Video Division, Media rules governing permissible ex parte SERVICES Bureau. contacts. 1. The authority citation for part 73 [FR Doc. E9–6638 Filed 3–25–09; 8:45 am] continues to read as follows: BILLING CODE 6712–01–P

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Notices Federal Register Vol. 74, No. 57

Thursday, March 26, 2009

This section of the FEDERAL REGISTER the collection of information unless it Paperwork Reduction Act of 1995, contains documents other than rules or displays a currently valid OMB control Public Law 104–13. Comments proposed rules that are applicable to the number. regarding (a) whether the collection of public. Notices of hearings and investigations, information is necessary for the proper Foreign Agricultural Service committee meetings, agency decisions and performance of the functions of the rulings, delegations of authority, filing of Title: CCC’s Export Credit Guarantee petitions and applications and agency agency, including whether the Program (GSM–102). information will have practical utility; statements of organization and functions are OMB Control Number: 0551–0004. examples of documents appearing in this (b) the accuracy of the agency’s estimate section. Summary of Collection: The Export of burden including the validity of the Credit Guarantee Program (GSM–102) is methodology and assumptions used; (c) administered by the Commodity Credit ways to enhance the quality, utility and DEPARTMENT OF AGRICULTURE Corporation (CCC) of the U.S. clarity of the information to be Department of Agriculture. This collected; (d) ways to minimize the Submission for OMB Review; program provides guarantees to burden of the collection of information Comment Request exporters in order to maintain and on those who are to respond, including increase overseas importers ability to through the use of appropriate March 23, 2009. purchase U.S. agricultural goods. The automated, electronic, mechanical, or The Department of Agriculture has Export Credit Guarantee Program other technological collection submitted the following information underwrites credit extended by U.S. techniques or other forms of information collection requirement(s) to OMB for private banks to approved foreign banks technology should be addressed to: Desk review and clearance under the using dollar-denominated, irrevocable Officer for Agriculture, Office of Paperwork Reduction Act of 1995, letters of credit. The Foreign Information and Regulatory Affairs, Public Law 104–13. Comments Agricultural Service (FAS) will collect Office of Management and Budget regarding (a) whether the collection of information from the guarantee (OMB), information is necessary for the proper application submitted by the [email protected] or performance of the functions of the participants in writing (via fax or e- fax (202) 395–5806 and to Departmental agency, including whether the mail) or mail. Clearance Office, USDA, OCIO, Mail information will have practical utility; Need and Use of the Information: FAS Stop 7602, Washington, DC 20250– (b) the accuracy of the agency’s estimate will collect information from 7602. Comments regarding these of burden including the validity of the participating U.S. exporters in order to information collections are best assured methodology and assumptions used; (c) determine the exporters eligibility for of having their full effect if received ways to enhance the quality, utility and program benefits. The information is within 30 days of this notification. clarity of the information to be also used in fulfilling CCC obligation Copies of the submission(s) may be collected; (d) ways to minimize the under the issued payment guarantee. If obtained by calling (202) 720–8958. burden of the collection of information the information were not collected CCC An agency may not conduct or on those who are to respond, including would be unable to determine if export sponsor a collection of information through the use of appropriate sales under the program would be unless the collection of information automated, electronic, mechanical, or eligible for coverage or, if coverage displays a currently valid OMB control other technological collection conformed to program requirements. number and the agency informs techniques or other forms of information Description of Respondents: Business potential persons who are to respond to technology should be addressed to: Desk or other for-profit. the collection of information that such Officer for Agriculture, Office of Number of Respondents: 73. persons are not required to respond to Information and Regulatory Affairs, Frequency of Responses: Record the collection of information unless it Office of Management and Budget keeping. displays a currently valid OMB control (OMB), Reporting: On occasion. number. [email protected] or Total Burden Hours: 2,555. fax (202) 395–5806 and to Departmental Office of the Secretary, White House Clearance Office, USDA, OCIO, Mail Ruth Brown, Liaison Stop 7602, Washington, DC 20250– Departmental Information Collection Clearance Officer. Title: Advisory Committee and 7602. Comments regarding these Research and Promotion Board [FR Doc. E9–6759 Filed 3–25–09; 8:45 am] information collections are best assured Membership Background Information. of having their full effect if received BILLING CODE 3410–10–P OMB Control Number: 0505–0001. within 30 days of this notification. Summary of Collection: Section 1804 Copies of the submission(s) may be of the Food and Agriculture Act of 1977 DEPARTMENT OF AGRICULTURE obtained by calling (202) 720–8958. (7 U.S.C. 2281, et seq.) requires the An agency may not conduct or Submission for OMB Review; Department to provide information sponsor a collection of information Comment Request concerning advisory committee unless the collection of information members’ principal place of residence, displays a currently valid OMB control March 23, 2009. persons or companies by whom number and the agency informs The Department of Agriculture has employed, and other major sources of potential persons who are to respond to submitted the following information income. Similar information will be the collection of information that such collection requirement(s) to OMB for required of research and promotion persons are not required to respond to review and clearance under the boards/committees in addition to the

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supplemental commodity specific purpose of this notice is to reopen the letters of proposal review to April 15, questions. The Secretary appoints board deadline for submitting proposals and to 2009. members under each program. Some of provide NRCS State Conservationists up Signed this 23rd day of March, 2009, in the information contained on form AD– to 2 weeks following the proposal Washington, DC. 755 is used by the Department to submission deadline to submit their Dave White, conduct background clearances of letter of review. The CCC is hereby Acting Vice President, Commodity Credit prospective board members required by reopening the deadline for submitting Corporation and Acting Chief, Natural departmental regulations. All committee proposals until April 1, 2009. Resources Conservation Service. members who are appointed by the DATES: The proposal submission [FR Doc. E9–6763 Filed 3–25–09; 8:45 am] Secretary require this clearance. The deadline is reopened and extended to BILLING CODE 3410–16–P Office of the Secretary, White House April 1, 2009. The deadline for NRCS Liaison will collect information using State Conservationists to submit their form AD–755, Advisory Committee and letters of proposal review is extended to DEPARTMENT OF AGRICULTURE Research and Promotion Board April 15, 2009 Membership Background Information. Forest Service ADDRESSES: Need and Use of the Information: The Proposals should be Office of the Secretary, White House submitted to the Chief (Attn: Financial Lake Tahoe Basin Federal Advisory Liaison will collect information on the Assistance Programs Division), Natural Committee background of the nominees to make Resources Conservation Service, USDA, AGENCY: Forest Service, USDA. sure there are no delinquent loans to the AWEP Proposals, P.O. Box 2890, United States Department of Washington, DC 20013 by April 1, 2009. ACTION: Notice of meeting. Agriculture, (USDA), as well as making Applicants also must send their SUMMARY: The Lake Tahoe Basin Federal sure they have no negative record that proposal to the appropriate State Advisory Committee will hold a could be a negative reflection to USDA. Conservationist(s) postmarked, or dated meeting on March 31, 2009 at the U.S. The information obtained from the form if electronic, no later than April 1, 2009. Forest Service Office, 35 College Drive, is also used in the compilation of an To submit your application South Lake Tahoe, CA 96150. This annual report to Congress. Failure of the electronically, visit http:// Committee, established by the Secretary Department to provide this information www.grants.gov/apply and follow the of Agriculture on December 15, 1998 (64 would require the Secretary to terminate on-line instructions. FR 2876), is chartered to provide advice the pertinent committee or board. FOR FURTHER INFORMATION CONTACT: to the Secretary on implementing the Description of Respondents: Gregory Johnson, Director, Financial terms of the Federal Interagency Individuals or households. Assistance Programs Division, U.S. Number of Respondents: 1,740. Department of Agriculture, Natural Partnership on the Lake Tahoe Region Frequency of Responses: Reporting: Resources Conservation Service, Room and other matters raised by the Monthly. 5237, P.O. Box 2890, Washington, DC Secretary. Total Burden Hours: 870. 20013–2890. Phone: (202) 720–1845. DATES: The meetings will be held March Fax: (202) 720–4265. Ruth Brown, 31, 2009, beginning at 9:30 a.m. and Persons with disabilities who require ending at 12 p.m. Departmental Information Collection Clearance Officer. alternative means for communication ADDRESSES: The meeting will be held at (Braille, large print, audiotape, etc.) [FR Doc. E9–6760 Filed 3–25–09; 8:45 am] the U.S. Forest Service Office, 35 should contract the USDA Target Center BILLING CODE 3410–01–P College Drive, South Lake Tahoe, CA at (202) 720–2600 (voice and TDD). 96150. SUPPLEMENTARY INFORMATION: The CCC, For Further Information or to Request DEPARTMENT OF AGRICULTURE published a Notice of Requests for an Accommodation (one week prior to Proposals in the Federal Register of meeting date) Contact: Aria Hams, Lake Commodity Credit Corporation January 14, 2009 (74 FR 2040), Tahoe Basin Management Unit, Forest announcing funding availability and to Service, 35 College Drive, South Lake Agricultural Water Enhancement potential partners, the opportunity to Tahoe, CA 96150, (530) 543–2773. Program enter into Agricultural Water SUPPLEMENTARY INFORMATION: Items to AGENCY: Commodity Credit Corporation Enhancement Program (AWEP) be covered on the agenda: (1) Consensus (CCC) and Natural Resources partnership agreements with the Chief, on the Lake Tahoe Southern Nevada Conservation Service (NRCS), NRCS, to promote the conservation of Public Land Management Act Department of Agriculture (USDA). ground and surface water and the (SNPLMA) Round 10 preliminary improvement of water quality. This ACTION: Notice of request for proposals; recommendation for capital projects and notice announced a deadline of March reopening of proposal submission science themes and (2) public hearing. 2, 2009, to submit proposals to enter period. All Lake Tahoe Basin Federal into AWEP partnership agreements and Advisory Committee meetings are open SUMMARY: The Commodity Credit required NRCS State Conservationists to to the public. Interested citizens are Corporation (CCC) published in the submit letters of proposal review to the encouraged to attend at the above Federal Register of January 14, 2009, a NRCS National Headquarters by March address. Issues may be brought to the Notice of Request for Proposals to 2, 2009. attention of the Committee during the announce the availability of funds and The CCC hereby amends the January open public comment period at the to solicit proposals from potential 14 Notice of Requests for Proposals by: meeting or by filing written statements partners who seek to enter into 1. Reopening and extending the with the secretary for the Committee partnership agreements with the Chief, proposal submission deadline to April before or after the meeting. Please refer Natural Resources Conservation Service 1, 2009; and any written comments to the Lake (NRCS). The deadline for submitting 2. Extending the deadline for NRCS Tahoe Basin Management Unit at the proposals was March 2, 2009. The State Conservationists to submit their contact address stated above.

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Dated: March 20, 2009. DEPARTMENT OF AGRICULTURE proposals will tentatively include fee Terri Marceron, increases for Christmas Tree cutting Forest Supervisor. Forest Service permits for the Grand Mesa/ Uncompahgre/Gunnison National [FR Doc. E9–6750 Filed 3–25–09; 8:45 am] Siskiyou County Resource Advisory Forests and the Mud Springs BILLING CODE 3410–11–M Committee Campground located in the Grand AGENCY: Forest Service, USDA. Junction Field Office Area of the BLM. DEPARTMENT OF AGRICULTURE ACTION: Notice of meeting. A new fee for the North Fruita Desert Campground also located in the Grand Forest Service SUMMARY: The Siskiyou County Junction Field Office Area of the BLM Resource Advisory Committee (RAC) will also be reviewed. Notice of Resource Advisory will host a workshop for the public in DATES: Committee Meeting local communities to provide The meeting will be held April information and expertise to those who 21 from 9 a.m.–4:30 p.m. This meeting AGENCY: Lassen Resource Advisory may want to submit project proposals to will only be held if a quorum is present. the RAC. Following the time allowed on Committee, Susanville, California, ADDRESSES: The meeting will be at the USDA Forest Service. the agenda for the workshop, the RAC REI Denver Flagship Store at 1416 Platte will meet to conduct routine business Street in Denver in their small ACTION: Notice of meetings. consistent with the Secure Rural conference room on the 3rd floor. Schools and Community Self- Access prior to store opening is through SUMMARY: Pursuant to the authorities in Determination Act. Starbucks. Send written comments to the Federal Advisory Committees Act DATES: April 20, 2009. (Pub. L. 92–463) and under the Secure Steve Sherwood, Designated Federal ADDRESSES: The meeting will be held at Rural Schools and Community Self- Official, 740 Simms Street, Golden, CO the Holiday Inn Express Conference 80401 or [email protected]. Determination Act of 2000 (Pub. L. 110– Center, 707 Montague Road, Yreka, CA 343) the Lassen County Resource 96097. All other Siskiyou County RAC FOR FURTHER INFORMATION CONTACT: Pam Advisory Committee will meet April 9, meetings in calendar year 2009 will be DeVore, Colorado Recreation Resource 2009 and May 6 and 7, 2009 in held in accordance with Federal Advisory Committee Coordinator, at Susanville, California for business Register Vol. 74, No. 29, page 7215, 303–275–5043 or [email protected]. meetings. The meetings are open to the dated February 13, 2009. public. SUPPLEMENTARY INFORMATION: The FOR FURTHER INFORMATION CONTACT: meeting is open to the public. SUPPLEMENTARY INFORMATION: The Davida Carnahan, Forest RAC Committee discussion is limited to business meeting on April 9, 2009, will coordinator, Klamath National Forest, Forest Service, Bureau of Land begin at 9 a.m., at the Lassen National (530) 841–4485 or electronically at Management staff and Committee Forest Headquarters Office, Caribou [email protected]. Conference Room, 2550 Riverside Drive, members. Persons who wish to bring SUPPLEMENTARY INFORMATION: The recreation fee matters to the attention of Susanville, CA 96130. This meeting will meeting is open to the public. Public be dedicated to reauthorization update, the Committee may file written comment opportunity will be provided statements with the Committee staff. review the process for 2009 funding, and individuals will have the discuss project review with monthly Written comments received at least a opportunity to address the Committee at week before the meeting will be monitoring reports, summer field trips that time. to projects, and overview of the Forest available for committee review. Written Health Program for the ‘‘Secure Rural Dated: March 18, 2009. comments received less than a week Schools and Self Determination Act of Patrica A. Grantham, before the meeting may not be available 2000,’’ commonly known as Payments Designated Federal Official. for committee referral. There will be to States. [FR Doc. E9–6751 Filed 3–25–09; 8:45 am] time on the agenda for verbal comments The business meetings on May 6 and BILLING CODE 3410–11–M and the Chairperson may ask for 7, 2009, will begin at 8:30 a.m., at the comments from the public at any time Lassen National Forest Headquarters during the meeting. All persons wishing DEPARTMENT OF AGRICULTURE Office, Caribou Conference Room, 2550 to address the committee must sign in at the door. Riverside Drive, Susanville, CA 96130. Forest Service These meetings will be dedicated to Check for the status of the meeting, hearing presentations from project Notice of Meeting; Federal Lands the final agenda and a final list of the proponents on Tuesday and voting on Recreation Enhancement Act (Title VIII, fee proposals to be reviewed at: http:// Wednesday for funding through the Pub. L. 108–447) www.fs.fed.us/r2/recreation. ‘‘Secure Rural Schools and Self The Recreation RAC is authorized by Determination Act of 2000,’’ commonly AGENCY: Rocky Mountain Region, USDA the Federal Land Recreation known as Payments to States. Forest Service. ACTION: Notice of meeting. Enhancement Act, which was signed FOR FURTHER INFORMATION CONTACT: into law by President Bush in December Terri Frolli, Designated Federal Official, SUMMARY: The Colorado Recreation 2004. Resource Advisory Committee will at (530) 257–4188; or Public Affairs Dated: March 4, 2009. Officer, Heidi Perry, at (530) 252–6604. tentatively meet in Denver, CO. The purpose of the meeting is to continue to Maribeth Gustafson, Kathleen S. Morse, provide the new committee members Deputy Regional Forester, Operations, Rocky Forest Supervisor. with the information they need to be Mountain Region. [FR Doc. E9–6564 Filed 3–25–09; 8:45 am] effective committee members and [FR Doc. E9–6578 Filed 3–25–09; 8:45 am] BILLING CODE review several fee proposals. These fee BILLING CODE 3410–11–M

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DEPARTMENT OF AGRICULTURE Sampling Frame Surveys are used to DEPARTMENT OF COMMERCE develop and maintain as complete a list National Agricultural Statistics Service as possible of farm operations. The goal Submission for OMB Review; is to produce for each State a relatively Comment Request Notice of Intent To Request Revision complete, current, and unduplicated list The Department of Commerce will and Extension of a Currently Approved of names for statistical sampling for submit to the Office of Management and Information Collection agricultural operation surveys and the Budget (OMB) for clearance the Census of Agriculture. Data from these AGENCY: National Agricultural Statistics following proposal for collection of agricultural surveys are used by Service (USDA). information under the provisions of the government agencies and educational ACTION: Notice and request for Paperwork Reduction Act (44 U.S.C. institutions in planning, farm policy comments. Chapter 35). analysis, and program administration. Agency National Oceanic and SUMMARY: Authority: These data will be In accordance with the Atmospheric Administration (NOAA). collected under the authority of 7 U.S.C. Paperwork Reduction Act of 1995, this Title: Vessel Monitoring System for 2204(a). Individually identifiable data notice announces the intention of the Atlantic Highly Migratory Species. collected under this authority are National Agricultural Statistics Service OMB Control Number: 0648–0372. governed by section 1770 of the Food (NASS) to request revision and Form Number(s): None. Security Act of 1985, 7 U.S.C. 2276, extension of a currently approved Type of Request: Regular submission. information collection, the List which requires USDA to afford strict Burden Hours: 584. Sampling Frame Surveys. Revision to confidentiality to non-aggregated data Number of Respondents: 292. burden hours may be needed due to provided by respondents. This notice is Average Hours per Response: Annual changes in the size of the target submitted in accordance with the maintenance and repair, 2 hours. population, sampling design, and/or Paperwork Reduction Act of 1995 (Pub. Needs and Uses: The purpose of this questionnaire length. L. 104–13) and Office of Management collection of information is to comply DATES: Comments on this notice must be and Budget regulations at 5 CFR part with the United States’ obligations received by June 1, 2009 to be assured 1320 (60 FR 44978, August 29, 1995). under the Atlantic Tunas Convention of consideration. Estimate of Burden: Public reporting Act of 1975 (ATCA; 16 U.S.C. 971) and burden for this collection of information ADDRESSES: You may submit comments, the Secretary of Commerce’s obligations is estimated to average 15 minutes per identified by docket number 0535–0140, under the Magnuson-Stevens Fishery respondent. by any of the following methods: Conservation and Management Act • Respondents: Farms. E-mail: [email protected]. Estimated Number of Respondents: (Magnuson-Stevens Act). Vessels fishing for Atlantic tuna and Include docket number above in the 500,000. subject line of the message. Estimated Total Annual Burden on swordfish that use pelagic longline gear • Fax: (202) 720–6396. and vessels fishing for sharks with • Respondents: 103,000 hours. Mail: Mail any paper, disk, or CD- Copies of this information collection bottom longline or gillnet gear are ROM submissions to: David Hancock, and related instructions can be obtained required to install and operate vessel NASS Clearance Officer, U.S. without charge from David Hancock, monitoring systems (VMS). The Department of Agriculture, Room 5336 NASS Clearance Officer, at (202) 690– automatic position reports are submitted South Building, 1400 Independence 2388. on an hourly basis whenever the vessel Avenue SW., Washington, DC 20250– Comments: Comments are invited on: is at sea. Vessel operators must submit 2024. an installation checklist to National • (a) Whether the proposed collection of Hand Delivery/Courier: Hand information is necessary for the proper Marine Fisheries Service (NMFS), deliver to: David Hancock, NASS performance of the functions of the which provides information on the Clearance Officer, U.S. Department of agency, including whether the hardware and communications service Agriculture, Room 5336 South Building, information will have practical utility; selected by each vessel, when the VMS 1400 Independence Avenue SW., (b) the accuracy of the agency’s estimate unit is initially installed. NMFS will use Washington, DC 20250–2024. of the burden of the proposed collection the returned checklists to ensure that FOR FURTHER INFORMATION CONTACT: of information including the validity of position reports are received and to aid Joseph T. Reilly, Associate the methodology and assumptions used; NMFS in troubleshooting problems (all Administrator, National Agricultural (c) ways to enhance the quality, utility, vessel operators have installed their Statistics Service, U.S. Department of and clarity of the information to be units, so this requirement is not counted Agriculture, (202) 720–4333. collected; and (d) ways to minimize the in the burden hours above). SUPPLEMENTARY INFORMATION: burden of the collection of information Affected Public: Business or other for- Title: List Sampling Frame Surveys. on those who are to respond, through profit organizations. OMB Control Number: 0535–0140. the use of appropriate automated, Frequency: Daily, annually and on Expiration Date of Approval: July 31, electronic, mechanical, technological or occasion. 2009. other forms of information technology Respondent’s Obligation: Mandatory. Type of Request: Intent to Seek collection methods. OMB Desk Officer: David Rostker, Approval to Revise and Extend an All responses to this notice will (202) 395–3897. Information Collection. become a matter of public record and be Copies of the above information Abstract: The primary objective of the summarized in the request for OMB collection proposal can be obtained by National Agricultural Statistics Service approval. calling or writing Diana Hynek, is to prepare and issue State and Departmental Paperwork Clearance national estimates of crop and livestock Signed at Washington, DC, March 9, 2009. Officer, (202) 482–0266, Department of production, economic statistics, Joseph T. Reilly, Commerce, Room 7845, 14th and environmental statistics related to Associate Administrator. Constitution Avenue, NW., Washington, agriculture and also to conduct the [FR Doc. E9–6725 Filed 3–25–09; 8:45 am] DC 20230 (or via the Internet at Census of Agriculture. The List BILLING CODE 3410–20–P [email protected]).

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Written comments and Frequency: On occasion. Washington, DC 20233–8400, (301) 763– recommendations for the proposed Respondent’s Obligation: Voluntary. 3806. information collection should be sent OMB Desk Officer: David Rostker, SUPPLEMENTARY INFORMATION: within 30 days of publication of this (202) 395–3897. notice to David Rostker, OMB Desk Copies of the above information I. Abstract Officer, Fax number (202) 395–7285, or collection proposal can be obtained by The Census Bureau plans to request [email protected]. calling or writing Diana Hynek, clearance for the collection of data Dated: March 19, 2009. Departmental Paperwork Clearance concerning the School Enrollment Officer, (202) 482–0266, Department of Glenna Mickelson, Supplement to be conducted in Commerce, Room 7845, 14th and conjunction with the October 2009 CPS. Management Analyst, Office of the Chief Constitution Avenue, NW., Washington, Information Officer. Title 13, United States Code, Section DC 20230 (or via the Internet at 182, and Title 29, United States Code, [FR Doc. E9–6483 Filed 3–25–09; 8:45 am] [email protected]). Sections 1–9, authorize the collection of BILLING CODE 3510–22–P Written comments and the CPS information. The Census recommendations for the proposed Bureau and the Bureau of Labor information collection should be sent DEPARTMENT OF COMMERCE Statistics (BLS) sponsor the basic annual within 30 days of publication of this school enrollment questions, which Submission for OMB Review; notice to David Rostker, OMB Desk have been collected annually in the CPS Comment Request Officer, Fax number (202) 395–7285, or for 50 years. [email protected]. This survey provides information on The Department of Commerce will Dated: March 19, 2009. public/private elementary school, submit to the Office of Management and Glenna Mickelson, secondary school, and college Budget (OMB) for clearance the enrollment, and on characteristics of following proposal for collection of Management Analyst, Office of the Chief Information Officer. private school students and their information under the provisions of the families, which is used for tracking [FR Doc. E9–6489 Filed 3–25–09; 8:45 am] Paperwork Reduction Act (44 U.S.C. historical trends, policy planning, and Chapter 35). BILLING CODE 3510–34–P support. Agency: Economic Development This survey is the only source of Administration (EDA). DEPARTMENT OF COMMERCE national data on the age distribution and Title: Trade Adjustment Assistance family characteristics of college students for Firms. Census Bureau and the only source of demographic OMB Control Number: 0610–0091. data on preprimary school enrollment. Form Number(s): ED–840P. Proposed Information Collection; As part of the Federal government’s Type of Request: Regular submission. Comment Request; Current Population efforts to collect data and provide timely Number of Respondents: 173. Average Hours per Response: 8. Survey (CPS) School Enrollment information to local governments for Burden Hours: 1,384. Supplement policymaking decisions, the survey provides national trends in enrollment Needs and Uses: The Economic AGENCY: U.S. Census Bureau, and progress in school. Development Administration (EDA) Commerce. administers the Trade Adjustment ACTION: Notice. II. Method of Collection Assistance for Firms Program, which is The school enrollment information authorized by chapters 3 and 5 of title SUMMARY: The Department of II of the Trade Act of 1974. EDA certifies will be collected by both personal visit Commerce, as part of its continuing and telephone interviews in conjunction firms as eligible to apply for Trade effort to reduce paperwork and Adjustment Assistance (TAA), provides with the regular October CPS respondent burden, invites the general interviewing. All interviews are technical adjustment assistance to firms public and other Federal agencies to and other recipients, and provides conducted using computer-assisted take this opportunity to comment on interviewing. assistance to organizations representing proposed and/or continuing information trade injured industries. The collected collections, as required by the III. Data information EDA must verify: (1) A Paperwork Reduction Act of 1995, OMB Control Number: 0607–0464. significant reduction in the number or Public Law 104–13 (44 U.S.C. Form Number: None. proportion of the workers in the firm, a 3506(c)(2)(A)). Type of Review: Regular submission. reduction in the workers’ wage or work DATES: To ensure consideration, written Affected Public: Households. hours, or an imminent threat of such Estimated Number of Respondents: reductions; (2) sales or production of the comments must be submitted on or before May 26, 2009. 59,000. firm have decreased absolutely, as Estimated Time per Response: 3 ADDRESSES: defined in EDA’s regulations, or sales or Direct all written comments minutes. production, or both, of any article to Diana Hynek, Departmental Estimated Total Annual Burden accounting for at least twenty-five (25) Paperwork Clearance Officer, Hours: 2,950. percent of the firm’s sales or production Department of Commerce, Room 7845, Estimated Total Annual Cost: $0. have decreased absolutely; and (3) an 14th and Constitution Avenue, NW., Respondent’s Obligation: Voluntary. increase in imports of articles like or Washington, DC 20230 (or via the Legal Authority: Title 13 U.S.C. directly competitive with those Internet at [email protected]). Section 182, and Title 29, U.S.C., produced by the petitioning firm, which FOR FURTHER INFORMATION CONTACT: Sections 1–9. has contributed importantly to the Requests for additional information or decline in employment and sales or copies of the information collection IV. Request for Comments production of that firm. instrument(s) and instructions should Comments are invited on: (a) Whether Affected Public: Business or other for- be directed to Karen Woods, U.S. the proposed collection of information profit organizations. Census Bureau, DSD/CPS HQ–7H110F, is necessary for the proper performance

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of the functions of the agency, including Subsequently, several Vietnamese listed below. If a producer or exporter whether the information shall have producers/exporters withdrew their named in this notice of initiation had no practical utility; (b) the accuracy of the request for revocation of the exports, sales or entries during the POR, agency’s estimate of the burden antidumping duty order.3 The it must notify the Department within 30 (including hours and cost) of the anniversary month of these orders is days of publication of this notice in the proposed collection of information; (c) February. In accordance with the Federal Register. The Department will ways to enhance the quality, utility, and Department’s regulations, we are consider rescinding the review only if clarity of the information to be initiating these administrative reviews. the producer or exporter, as appropriate, collected; and (d) ways to minimize the DATES: Effective Date: March 26, 2009. submits a properly filed and timely statement certifying that it had no burden of the collection of information FOR FURTHER INFORMATION CONTACT: exports, sales or entries of subject on respondents, including through the Catherine Bertrand (Vietnam) or Scot merchandise during the POR. All use of automated collection techniques Fullerton (PRC), AD/CVD Operations, submissions must be made in or other forms of information Office 9, Import Administration, accordance with 19 CFR 351.303 and technology. International Trade Administration, Comments submitted in response to are subject to verification in accordance U.S. Department of Commerce, 14th this notice will be summarized and/or with section 782(i) of the Tariff Act of Street and Constitution Avenue, NW., included in the request for OMB 1930, as amended (the ‘‘Act’’). Six Washington, DC 20230, telephone: (202) approval of this information collection; copies of the submission should be 482–3207 or (202) 482–1386, they also will become a matter of public submitted to the Assistant Secretary for respectively. record. Import Administration, International SUPPLEMENTARY INFORMATION: Dated: March 19, 2009. Trade Administration, Room 1870, U.S. Department of Commerce, 14th Street Glenna Mickelson, Background and Constitution Avenue, NW., Management Analyst, Office of the Chief The Department received timely Washington, DC 20230. Further, in Information Officer. requests, in accordance with 19 CFR accordance with 19 CFR 351.303(f)(1)(i), [FR Doc. E9–6490 Filed 3–25–09; 8:45 am] 351.213(b), during the anniversary a copy of each request must be served BILLING CODE 3510–07–P month of February, for administrative on every party on the Department’s reviews of the antidumping duty orders service list. on shrimp from Vietnam and the PRC Respondent Selection DEPARTMENT OF COMMERCE covering multiple entities. On March 13, In the event the Department limits the International Trade Administration 2009, one of the domestic interested parties provided a clarification that its number of respondents for individual [A–552–802, A–570–893] request for review covered Hilltop examination for administrative reviews, International, the successor-in-interest the Department intends to select Notice of Initiation of Administrative to Yelin Enterprise Co., Ltd. The respondents based on U.S. Customs and Reviews and Requests for Revocation Department is now initiating these Border Protection (‘‘CBP’’) data for U.S. in Part of the Antidumping Duty Orders administrative reviews of the orders imports during the POR. We intend to on Certain Frozen Warmwater Shrimp covering those entities. release the CBP data under From the Socialist Republic of Vietnam Administrative Protective Order and the People’s Republic of China Notice of No Sales (‘‘APO’’) to all parties having an APO AGENCY: Import Administration, Under 19 CFR 351.213(d)(3), the within five days of publication of this International Trade Administration, Department may rescind a review where initiation notice, and to make our Department of Commerce. there are no exports, sales, or entries of decision regarding respondent selection within 20 days of publication of this SUMMARY: The Department of Commerce subject merchandise during the Federal Register notice. The (the ‘‘Department’’) received timely respective period of review (‘‘POR’’) Department invites comments regarding requests to conduct administrative (‘‘CADOVIMEX’’), Cafatex Fishery Joint Stock the CBP data and respondent selection reviews of the antidumping duty orders Corporation (‘‘Cafatex Corp’’), Camau Frozen within 10 calendar days of publication on certain frozen warmwater shrimp Seafood Processing Import Export Corporation, or of this Federal Register notice. (‘‘shrimp’’) from the Socialist Republic Camau Seafood Factory No. 4 (‘‘CAMIMEX’’) and/ of Vietnam (‘‘Vietnam’’) and the or Camau Frozen Seafood Processing Import Export Separate Rates Corporation (‘‘CAMIMEX’’), Can Tho Agricultural People’s Republic of China (‘‘PRC’’). and Animal Products Import Export Company In proceedings involving non-market The Department also received a timely (‘‘Cataco’’), Coastal Fisheries Development economy (‘‘NME’’) countries, the request to revoke, in part, the Corporation (‘‘COFIDEC’’), Investment Commerce Department begins with a rebuttable Fisheries Corporation (‘‘Incomfish’’), Minh Hai antidumping duty order on shrimp from presumption that all companies within 1 Export Frozen Seafood Processing Joint-Stock the PRC for one producer/exporter. In Company (‘‘Minh Hai Jostoco’’), Minh Phu Seafood the country are subject to government addition, we received timely requests to Corporation (and its affiliates Minh Qui Seafood control and, thus, should be assigned a revoke, in part, the antidumping duty Co., and Minh Phat Seafood Co., Ltd.), Ngoc Sinh single antidumping duty deposit rate. It Private Enterprise (‘‘Ngoc Sinh Seafoods’’), Nha order on shrimp from Vietnam for is the Department’s policy to assign all 2 Trang Seaproduct Company (‘‘Nha Trang multiple producer/exporters. Seafoods’’), Soc Trang Seafood Joint Stock exporters of merchandise subject to an Company (‘‘STAPIMEX’’), UTXI Aquatic Products administrative review in an NME 1 Zhanjiang Regal Integrated Marine Resources Processing Corporation (‘‘UTXICO’’) and Vinh Loi country this single rate unless an Co., Ltd. Import Export Company (‘‘VIMEX’’). 2 These companies are: Minh Hai Joint-Stock 3 These companies are: Cafatex Corp., exporter can demonstrate that it is Seafoods Processing Company (‘‘Seaprodex Minh Seaprimexco, Cataco, COFIDEC, Incomfish, Minh sufficiently independent so as to be Hai’’), Viet Hai Seafood Co., Ltd. a/k/a Vietnam Hai Jostoco, Ngoc Sinh Seafoods, STAPIMEX, Sao entitled to a separate rate. Fish-One Co., Ltd., Sao Ta Foods Joint Stock Ta Foods Joint Stock Company (FIMEX VN), To establish whether a firm is Company (FIMEX VN), Grobest & I-Mei Industrial UTXICO and VIMEX. Therefore, with the exception (Vietnam) Co., Ltd., Ca Mau Seafood Joint Stock of these 11 companies, the remaining requests for sufficiently independent from Company (‘‘Seaprimexco’’), Cadovimex Seafood revocation of the antidumping duty order are still government control of its export Import-Export and Processing Joint-Stock Company active. activities to be entitled to a separate

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rate, the Department analyzes each Separate Rate Certification form will be timely file a Separate Rate Application entity exporting the subject available on the Department’s Web site to demonstrate eligibility for a separate merchandise under a test arising from at http://ia.ita.doc.gov/nme/nme-sep- rate in this proceeding. The Separate the Final Determination of Sales at Less rate.html on the date of publication of Rate Status Application will be Than Fair Value: Sparklers from the this Federal Register notice. In available on the Department’s Web site People’s Republic of China, 56 FR 20588 responding to the certification, please at http://ia.ita.doc.gov/nme.nme-sep- (May 6, 1991), as amplified by Final follow the ‘‘Instructions for Filing the rate.html on the date of publication of Determination of Sales at Less Than Certification’’ in the Separate Rate this Federal Register notice. In Fair Value: Silicon Carbide from the Certification. Separate Rate responding to the Separate Rate Status People’s Republic of China, 59 FR 22585 Certifications are due to the Department Application, refer to the instructions (May 2, 1994). In accordance with the no later than 30 calendar days after contained in the application. Separate separate rates criteria, the Department publication of this Federal Register Rate Status Applications are due to the assigns separate rates to companies in notice. The deadline and requirement Department no later than 60 calendar NME cases only if respondents can for submitting a Certification applies days of publication of this Federal demonstrate the absence of both de jure equally to NME-owned firms, wholly Register notice. The deadline and and de facto government control over foreign-owned firms, and foreign sellers requirement for submitting a Separate export activities. who purchase and export subject Rate Status Application applies equally All firms listed below that wish to merchandise to the United States. to NME-owned firms, wholly foreign- qualify for separate rate status in the Entities that currently do not have a owned firms, and foreign sellers that administrative reviews involving NME separate rate from a completed segment purchase and export subject countries must complete, as of the proceeding 4 should timely file a appropriate, either a separate rate Separate Rate Application to merchandise to the United States. application or certification, as described demonstrate eligibility for a separate Initiation of Review below. For these administrative reviews, rate in this proceeding. In addition, in order to demonstrate separate rate companies that received a separate rate In accordance with 19 CFR eligibility, the Department requires in a completed segment of the 351.221(c)(1)(i), we are initiating entities for whom a review was proceeding that have subsequently administrative reviews of the requested, that were assigned a separate made changes, including, but not antidumping duty orders on shrimp rate in the most recent segment of this limited to, changes to corporate from Vietnam and the PRC. We intend proceeding in which they participated, structure, acquisitions of new to issue the final results of these reviews to certify that they continue to meet the companies or facilities, or changes to on the companies listed below no later criteria for obtaining a separate rate. The their official company name,5 should than March 9, 2010.

Period to be reviewed

Antidumping Duty Proceeding Socialist Republic of Vietnam 6 ...... 02/01/2008–01/31/2009 Frozen Warmwater Shrimp A–552–802 • AAAS Logistics • Agrimex • Amanda Foods (Vietnam) Limited • Amerasian Shipping Logistics Corp. • American Container Line • An Giang Fisheries Import and Export Joint Stock Company (Agifish) • An Xuyen • Angiang Agricultural Technology Service • Aquatic Products Trading Company • Bac Lieu Company Limited • Bac Lieu Fisheries Company Limited • Bac Lieu Fisheries Company Limited and/or Bac Lieu Fisheries Company Limited (‘‘Bac Lieu’’) • Bac Lieu Fisheries Joint Stock Company (‘‘Bac Lieu’’) aka Bac Lieu Company Limited • Bentre Aquaproduct Imports & Exports • Bentre Forestry and Aquaproduct Import-Export Company (‘‘FAQUIMEX’’) • Bentre Frozen Aquaproduct Exports • Bentre Seafood Joint Stock and/or Beseaco • Beseaco • Binh An Seafood • Binh Dinh Fishery Joint Stock • C.P. Vietnam Livestock Co., Ltd. • C.P. Vietnam Livestock Co., Ltd. • Ca Mau Seafood Joint Stock Company (‘‘SEAPRIMEXCO’’) • Ca Mau Seaproducts Exploitation and Service Corporation (‘‘SES’’) • Cadovimex Seafood Import-Export and Processing Joint-Stock Company (‘‘CADOVIMEX’’) • Cadovimex Seafood Import-Export and Processing Joint-Stock Company (‘‘CADOVIMEX’’) aka Cai Doi Vam Seafood Import-Export Company (‘‘Cadovimex’’) • Cadovimex Seafood Import-Export and Processing Joint-Stock Company (‘‘CADOVIMEX’’) and/or Cadovimex Seafood Import-Export and Processing Joint-Stock Company (‘‘Cadovimex-Vietnam’’)

4 Such entities include entities that have not shipper review, etc.) and entities that lost their 5 Only changes to the official company name, participated in the proceeding, entities that were separate rate in the most recently completed rather than trade names, need to be addressed via preliminarily granted a separate rate in any segment of the proceeding in which they a Separate Rate Application. Information regarding currently incomplete segment of the proceeding participated. new trade names may be submitted via a Separate (e.g., an ongoing administrative review, new Rate Certification.

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Period to be reviewed

• Cafatex Fishery Joint Stock Corporation (‘‘Cafatex Corp.’’) • Cafatex Fishery Joint Stock Corporation (‘‘Cafatex Corp’’) and/or Cafatex Fishery Joint Stock Corporation (‘‘CAFATEX CORP.’’) • Cai Doi Vam Seafood Import-Export Company (Cadovimex) • Cam Ranh Seafoods Processing Enterprise Company (‘‘Camranh Seafoods’’) • Cam Ranh Seafoods Processing Enterprise Company (‘‘Camranh Seafoods’’) and/or Cam Ranh Sea- foods Processing Enterprise PTE and/or Camramh Seafoods • Camau Frozen Seafood Processing Import Export Corporation (‘‘Camimex’’) • Camau Frozen Seafood Processing Import Export Corporation or Camau Seafood Factory No. 4 (‘‘CAMIMEX’’) and/or Camau Frozen Seafood Processing Import Export Corporation (‘‘CAMIMEX’’), • Camau Seafood Fty • Can Tho Agricultural and Animal Products Import Export Company (‘‘CATACO’’) • Can Tho Agricultural and Animal Products Import Export Company (‘‘CATACO’’) and/or Can Tho Agricul- tural and Animal Products Import Export Company (‘‘CATACO’’) • Can Tho Agricultural Products • Can Tho Import Export Fishery Limited Company (‘‘CAFISH’’) • Can Tho Seafood Exports • Cantho Animal Fisheries Product Processing Export Enterprise (Cafatex) • Cantho Imp & Exp Seafood Join, a.k.a. Caseamex • Cautre Enterprises • Cautre Export Goods Processing Joint Stock Company • Chun Cheng Da Nang Co., Ltd. • Co Hieu • Coastal Fisheries Development Corporation (‘‘COFIDEC’’) • Coastal Fisheries Development Corporation (Cofidec) • Coastal Fisheries Development Corporation (Cofidec) • Coastal Fisheries Development Corporation (Cofidec) and/or Coastal Fisheries Development Corporation (‘‘COFIDEC’’) • Coastal Fishery Development • Cong Ty Do Hop Viet Cuong • CP Livestock • Cuu Long Seaproducts Limited (Cuu Long Seapro) • Cuulong Seaproducts Company (‘‘Cuulong Seapro’’) • Cuulong Seaproducts Company (‘‘Cuu Long Seapro’’) • Cuulong Seaproducts Company (‘‘Cuu Long Seapro’’) and/or Cuulong Seaproducts Limited (‘‘Cuulong Seapro’’) • D & N Foods Processing Danang • Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’) • Danang Seaproducts Import Export Corporation (and its affiliate, Tho Quang Seafood Processing and Ex- port Company) (collectively ‘‘Seaprodex Danang’’) • Danang Seaproducts Import Export Corporation (‘‘Seaprodex Danang’’) and/or Danang Seaproducts Im- port Export Corporation (and its affiliates) (‘‘Seaprodex Danang’’) • Dao Van Manh • Dong Phuc Huynh • Dragon Waves Frozen Food Fty. • Duyen Hai Bac Lieu Company (‘‘T.K. Co.’’) • Duyen Hai Foodstuffs Processing Factory (‘‘COSEAFEX’’) • Four Season Food • Frozen Fty • Frozen Seafoods Factory No. 32 • Frozen Seafoods Factory No. 32 and/or Frozen Seafoods FTy • Frozen Seafoods Fty • Gallant Ocean Vietnam • Gallant Ocean (Vietnam) Co., Ltd. • General Imports & Exports • Grobest & I-Mei Industrial (Vietnam) Co., Ltd. • Grobest & I-Mei Industrial Vietnam • Hacota • Hai Ha Private Enterprise • Hai Thuan Export Seaproduct Processing Co., Ltd. • Hai Viet • Hai Viet Corporation (‘‘HAVICO’’) • Hanoi Seaproducts Import Export Corporation (‘‘Seaprodex Hanoi’’) • Hatrang Frozen Seaproduct Fty • Hoa Nam Marine Agricultural • Hoan An Fishery • Hoan Vu Marine Product Co., Ltd. • Hua Heong Food Ind Vietnam • Investment Commerce Fisheries Corporation (‘‘Incomfish’’) • Investment Commerce Fisheries Corporation (‘‘INCOMFISH’’) • Investment Commerce Fisheries Corporation (‘‘Incomfish’’) and/or Investment Commerce Fisheries Cor- poration (‘‘INCOMFISH’’) • Khanh Loi Trading • Kien Gang Sea Products Import-Export Company (Kisimex)

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Period to be reviewed

• Kien Gang Seaproduct Import and Export Company (‘‘KISIMEX’’) • Kien Long Seafoods • Kim Anh Co., Ltd. • Konoike Vinatrans Logistics • Lamson Import-Export Foodstuffs Corporation • Long An Food Processing Export Joint Stock Company (‘‘LAFOOCO’’) • Lucky Shing • Minh Hai Export Frozen Seafood Processing Joint Stock Company • Minh Hai Export Frozen Seafood Processing Joint Stock Company (‘‘Minh Hai Josoco’’) • Minh Hai Export Frozen Seafood Processing Joint Stock Company (‘‘Minh Hai Jostoco’’) and/or Minh Hai Export Frozen Seafood Processing Joint-Stock Company (‘‘Minh Hai Jostosco’’) • Minh Hai Export Frozen Seafood Processing Joint-Stock Company (‘‘Minh Hai Jotosco’’) • Minh Hai Joint-Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) • Minh Hai Joint-Stock Seafoods Processing Company (‘‘Seaprodex Minh Hai’’) and/or Minh Hai Join-Stock Seafoods Processing Company (‘‘Sea Minh Hai’’) • Minh Hai Sea Products Import Export Company (Seaprimex Co) • Minh Phat Seafood • Minh Phat Seafood and/or Minh Phat Seafood Co., Ltd. • Minh Phat Seafood Co., Ltd. • Minh Phu Seafood Corp. • Minh Phu Seafood Corporation • Minh Phu Seafood Corporation (and its affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) (collectively ‘‘Minh Phu Group’’) • Minh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) • Minh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) and/or Minh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.) (collectively ‘‘Minh Phu Group’’) • Minh Qui Seafood • Minh Qui Seafood Co., Ltd. • Nam Hai • Ngoc Sinh Private Enterprise • Ngoc Sinh Private Enterprise (‘‘Ngoc Sinh Seafoods’’) • Ngoc Sinh Seafoods • Nha Trang Company Limited • Nha Trang Fisheries Co., Ltd. • Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) • Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang FISCO’’) • Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang Fisco’’) and/or Nha Trang Fisheries Joint Stock Company (‘‘Nha Trang FISCO’’) • Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’) • Nha Trang Seaproduct Company (‘‘Nha Trang Seafoods’’) and/or Nha Trang Seaproduct Company (‘‘NHA TRANG SEAFOODS’’) • Pataya Food Industry (Vietnam) Ltd. • Phat Loc Seafood • Phu Cuong Seafood Processing and Import-Export Co., Ltd. • Phu Cuong Seafood Processing & Import-Export Co., Ltd. • Phu Cuong Seafood Processing and Import-Export Co., Ltd. and/or Phu Cuong Seafood Processing & Import-Export Co., Ltd. • Phung Hung Private Business • Phuong Nam Co., Ltd. • Phuong Nam Seafood Co., Ltd. • Quoc Viet Seaproducts Processing Trading Import and Export Co., Ltd. • Saigon Orchide • Sao Ta Foods Joint Stock Company (‘‘Fimex VN’’) • Sao Ta Foods Joint Stock Company (‘‘FIMEX VN’’) • Sao Ta Foods Joint Stock Company (‘‘Fimex VN’’) and/or Sao Ta Foods Joint Stock Company (‘‘FIMEX’’) • Sao Ta Foods Joint Stock Company (Fimex VN) aka Sao Ta Seafood Factory • Sao Ta Seafood Factory • Sea Product • Sea Products Imports & Exports • Seafood Company Zone II (‘‘Thusaco2’’) • Seafood Processing Joint Stock Company No. 9 (previously Seafood Processing Imports Exports) • Seafoods and Foodstuff Factory • Seaprimexco Vietnam • Seaprodex and/or Seaprodex Hanoi • Seaprodex Min Hai • Seaprodex Quang Tri • Soc Trang Aquatic Products and General Import Export Company (‘‘Stapimex’’) • Soc Trang Aquatic Products and General Import Export Company (‘‘Stapimex’’) and/or Soc Trang Aquatic Products and General Import-Export Company (‘‘STAPIMEX’’) • Soc Trang Seafood Joint Stock Company (‘‘STAPIMEX’’) aka Soc Trang Aquatic Products and General Import Export Company (‘‘Stapimex’’) • Sonacos

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Period to be reviewed

• Song Huong ASC Import-Export Company Ltd. • Song Huong ASC Import-Export Company Ltd. and/or Song Huong ASC Joint Stock Company Song Huong ASC Joint Stock Company • Special Aquatic Products Joint Stock Company (‘‘Seaspimex’’) • SSC • T & T Co., Ltd. • Tacvan Frozen Seafoods Processing Export • Taydo Seafood Enterprises • Thami Shipping & Airfreight • Thang Long • Thanh Doan Seaproducts Import • Thanh Long • Thien Ma Seafood • Tho Quang Seafood Processing & Export Company Da Nang Fisheries Service Industrial • Thuan Phuoc Seafoods and Trading Corporation • Thuan Phuoc Seafoods and Trading Corporation and its separate factories Frozen Seafoods Factory No. 32 and Seafoods and Foodstuff Factory (collectively ‘‘Thuan Phuoc’’) • Thuan Phuoc Seafoods and Trading Corporation and/or Thuan Phuoc Seafoods and Trading Corporation (and its affiliates) • Tourism Material and Equipment Company (Matourimex Hochiminh City Branch) • Truc An Company • Trung Duc Fisheries Private Enterprise • UTXI Aquatic Products Processing Company • UTXI Aquatic Products Processing Corporation (‘‘UTXICO’’) • UTXI Aquatic Products Processing Corporation (‘‘UTXICO’’) aka UTXI Aquatic Products Processing Com- pany • V N Seafoods • Vien Thang Private Enterprise • Viet Foods Co., Ltd. • Viet Foods Co., Ltd. (‘‘Viet Foods’’) • Viet Foods Co., Ltd. (‘‘Viet Foods’’) and/or Viet Foods Co., Ltd. • Viet Hai Seafoods Company Ltd. (‘‘Vietnam Fish One Co. Ltd.’’) and/or Viet Hai Seafood Co., Ltd. a/k/a Vietnam Fish One Co., Ltd. (Fish One) • Viet Hai Seafoods Company Ltd. (Vietnam Fish One) • Viet Hai Seafoods Company Ltd. (‘‘Vietnam Fish One Co. Ltd.’’) • Viet Hai Seafood Co., Ltd. a/k/a Vietnam Fish-One Co., Ltd. (Fish One) • Viet Nhan Company • Vietfracht Can Tho • Vietnam Fish-One Co., Ltd. • Vietnam Northern Viking Technologie Co. • Vietnam Northern Viking Technology Co., Ltd. • Vietnam Tomec Co., Ltd. • Vilfood Co. • Vinh Hoan Co., Ltd. • Vinh Loi Import Export Company (‘‘Vimexco’’) • Vinh Loi Import Export Company (‘‘VIMEX’’) • Vinh Loi Import Export Company (‘‘Vimexco’’) and/or Vinh Loi Import Export Company (‘‘VIMEX’’) • Western Seafood Processing and Exporting Factory People’s Republic of China 7 ...... 02/01/2008—01/31/2009 Frozen Warmwater Shrimp A–570–893 • Allied Pacific (H.K.) Co. Ltd. • Allied Pacific Aquatic Products (Zhanjiang) Co., Ltd. • Allied Pacific Food (Dalian) Co., Ltd. • Ammon International • Anhui Fuhuang Chaohu Sanzhen C • Anhui Huaxiang Foodstuffs Co., Ltd. • Anqiu Jiayuan Foodstuffs Co., Ltd. • Aquafreezer Company • Aquatic Foodstuffs FTY • Aquatic Products Processing Factory of China National Zhoushan Marine Fisheries Company • Asian Seafood (Zhanjiang) Co., Ltd. • Asian Seafoods Cold Storage • Babcock & Wilcox • Bao Xian Company Ltd. • Baofa Aquatic Products Co., Ltd. • Beihai Hongen Aquatic Products Co., Ltd. • Beihai Qinguo Frozen Foods Co., Ltd. • Beihai Tashare Seafood Co., Ltd. • Beihai Wanjing Marin Products Co., Ltd. • Beihai Zhengwu Aquatic Products Co., Ltd. and/or Beihai Zhengwu Industry Co., Ltd. • Beilian Foods Industrial Co., Ltd. • Cangnan Fengrun Freezing Plant • Changle Jiacheng Food Co., Ltd.

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Period to be reviewed

• Chaoyang Qiaofeng Group Co., Ltd. (Shantou Qiaofeng (Group) Co., Ltd.) (Shantou/Chaoyang Qiaofeng). Co., Ltd. • Chaozhou Huahai Aquatic Products Co., Ltd. • Chaozhou Huahai Aquatic Products Co., Ltd. Fengxi Plant • Chenghai Nichi Lan Food Co., Ltd. • China National Fisheries Yantai Marine Fisheries Corp. Fishery Products Processing Factory • Chung Wan Enterprises • Chungshan Shinyo Marine Products Co., Ltd. • Citic Heavy Machinery • CNF Zhanjiang (Tonglian) Fisheries Co., Ltd. • Dafu Foods Industry • Dalian Evergreen • Dalian Ftz Sea-Rich International Trading Co., Ltd. • Dalian Juxin Aquatic Food Company, Ltd. • Dalian Ohbun Food Co., Ltd. • Dalian Shan Li Food • Dalian Shanhai Seafood • Dalian Tongyuan Foodstuffs Co., Ltd. • Dandong Taihua Foodstuffs Co., Ltd. • Danzhou Zhulian Freezing Co., Ltd. • Dhin Foong Trdg • Dong Guan Hai Huang Food Co., Ltd. • Donggang Hongfeng Foods Freeze • Donggang Sanlong Sea Produces Co., Ltd. • Dongri Aquatic Products Freezing Plants • Dongri Aquatic Products Freezing Plants Shengping • Dongshan Dongsheng Food Co., Ltd. • Dongshan Dongwang Aquatic Products Freezing Co., Ltd. • Dongshan Dongxiecheng Seafoods Co., Ltd. • Dongshan Dongxing Aquatic Processing Co., Ltd. • Dongshan Huachang Foodstuff Co., Ltd. • Dongshan Xinfu Aquatic Processing Co., Ltd. • Dongshan Xinhefa Co., Ltd. and/or Dongshan Xinhefa Food • E.S. Foods • East Spark Logistics • Fangchenggang City Fangcheng District Forestry Development Co., Ltd. • Fenghua Hailiqu Frozen Corporation • Foshan City Shunde District Yang Sei Seafoods Co., Ltd. (Seafood Workshop) • Foshan Seafood Imp and Exp Co., Ltd., Seariver Seafood Foodstuff Factory • Fuchang Aquatic Products • Fujian Chaohui Intl. • Fujian Meihua Aquatic Processing Factory • Fujian Mingwei • Fujian Provincial Meihua Aquat • Fujian Western Gulf Seafood Co., Ltd. • Fuqing Chaohui Aquatic Food Co., Ltd. • Fuqing Chaohui Aquatic Food Trdg • Fuqing City Huasheng Aquatic Food Co., Ltd. • Fuqing Dongwei Aquatic Products Industry Co., Ltd. • Fuqing Longwei Aquatic Foodstuff Co., Ltd. • Fuqing Maowang Seafood Developing Co., Ltd. • Fuqing Minhua Trade Co., Ltd. • Fuqing Xuhu Aquatic Food Trdg • Fuqing Yihua Aquatic Food Co., Ltd. and/or Fuqing Yihua Aquatic Products Co., Ltd. • Fuzhou Hongli Food Co., Ltd. • Fuzhou Mandy Foods Industries Co., Ltd. • Fuzhou Rixing Aquatic Food Co., Ltd. • Gallant Ocean (Nanhai), Ltd. • Gallant Ocean (Liangjiang) Co., Ltd. • General (Xiamen Tongan) Food Industry Co., Ltd. • Go Harvest Aquatic Products • Gold Star Fishery Zhoushan Co., Ltd. • Gourmet Food (Zhongshan) Co., Ltd. • Grand Harvest Seafoods (Zhanjiang) Co., Ltd. • Guangdong Foshan Aquatic Products • Guangxi Cereals Oils and Foodstuffs Imp./Exp. Beihai Aquatic Products Cold Processing Factory • Guangxi Zhengwu Marine Ind. • Guangzhou Lingshan Aquatic Products Co., Ltd. • Hai Li Aquatic Co., Ltd. Zhao An, Fujian • Hai Pa Wang (Shantou) Foods Co., Ltd. (Seafood Workshop) • Haikui Aquatic Products • Haili Aquatic Co., Ltd. Zhaoan Fujian • Hainan Brich Aquatic Products Co., Ltd. • Hainan Cereals Oils and Foodstuff Imp. & Exp. Co. Freezing Factory

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Period to be reviewed

• Hainan Dazhong Ocean Industry Co., Ltd. • Hainan Dongfang Dongxin Aquatic Development Co., Ltd. • Hainan Evernew Foods Co., Ltd. • Hainan Fruit Vegetable Food Allocation Co., Ltd. • Hainan Gaoyuan Foods Co., Ltd. • Hainan Golden Spring Foods Co., Ltd. • Hainan Golden Spring Foods Co., Ltd./Hainan Brich Aquatic Products Co., Ltd. • Hainan Hailisheng Food Co., Ltd. • Hainan Hualu Food Freezing Co., Ltd. • Hainan Jiadexin Foodstuff Co., Ltd. and/or Hainan Jiadexin Foodstuff • Hainan North Aquatic Co., Ltd. • Hainan Quebec Ocean Fishing Co., Ltd. • Hainan Ruiying Food • Hainan Sanya Yuanheng Aquatic Food Co., Ltd. • Hainan Seaberry Seafoods • Hainan Sinalog Intl. Logistics • Hainan Sky-Blue Ocean Foods Co., Ltd. • Hainan Taisheng Fishery Co., Ltd. • Hainan Wenchang Yongli Fishery Trading Co., Ltd. • Hainan Xiangtai Fishery Co., Ltd. • Hainan Zhongyi Frozen Food Co., Ltd. • Haiyang Gold Sun Food Processing Co., Ltd. • Haizhou Aquatic • Hangzhou Tianhai Aquatic Food Co., Ltd. • Harvest Aquatic Products • Hefei Meiling Washing Machine • Hilltop International • Hogiya Seafoods • Homey Dongfang Aquatic Foods Co., Ltd. • Homon Ind Dalian • Hong Hu Dei Young Aquatic Products Co., Ltd. • Hongzhou Aquatic Products Industry Co., Ltd., Shantou • Huahai Frozen Food • Huangshi Lianhai Foodstuffs Gr • Hubei Sanwuchun Foodstuff Manufacturing Co., Ltd. • Hunan Best Foods • I T Logistics • Intl Economic Techical • Jiachang Aquatic Product Co., Ltd. Longhai Doumei • Jiangmen Kings Food Waihai Branch Ltd. • Jiangmen Yue Fung Marine Products Co., Ltd. • Jiangsu Holly • Jiangsu Jiushoutang Organisms-Manufacturers • Jiangsu Younger Foods • Jiangzhou Tianhe Fishery Products Co., Ltd. • Jiansheng Aquatic Product • Jiaonan City Aquatic Cold Storage Factory • Jinfu Trading Co., Ltd. • Jinhang Aquatic Industry • Jintown Enterprises • Kaifeng Ocean Sky Industry • Kaifeng Ocean Sky Industry Co., Ltd. • King Bay Seafood Co., Ltd. • King Royal Investments, Ltd. • Laiyang Hengrun Foodstuff • Laiyang Luhua Foodstuffs • Laizhou Xincheng Food Co., Ltd. • Lee Shing Food (Dongguan) Co., Ltd. • Leizhou Yuyuan Aquatic Products Co., Ltd. • Leizhou Zhulian Frozen Food Co., Ltd. • Liangcheng (Longhai) Freezing Co. Ltd. • Long Sheng Trend Wide (Yuhuan) Seafood Co., Ltd. • Longhai Gelin Seafoods Co., Ltd. • Longhai Jiarong Foods Co., Ltd. • Longhai Xinlianda Freezing Foods Co., Ltd. • Longkou Jiabao Aquatic Foodstuffs Co., Ltd. • Longsheng Aquatic Products • Luk Ka Paper Industry • Maoming Changxing Foods • Maoming Jiahui Foods Co., Ltd. • Marnex • Meizhou Aquatic Products Quick-Frozen Industry Co., Ltd. Shantou • Michael Lloyd Verm • Mingfeng

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Period to be reviewed

• Minnan Aquatic Development Co., Ltd. Jinjiang City • Momoya Zhujiang Foods Industrial Co., Ltd. • Muping Weiye Foods Co., Ltd. • Nanhai Katolee Foods Co., Ltd. • Ningbo Arts & Crafts Import and Export • Ningbo Dayu Food Co., Ltd. • Ningbo Fat Chef Food Co., Ltd. • Ningbo Hengkang Food • Ningbo Jiuzhou Food Co., Ltd. • Ningbo Today Food Co., Ltd. • Ningbo Wuling Taihsin Foods • Ningbo Yuzhimei Seafoods Plant • North Supreme Seafood (ZheJiang) Co., Ltd. • North Supreme Seafood (Zhuhai) Co., Ltd. • Ocean (Tianjin) Corporation Ltd. • Ocean Freezing Industry & Trade General • Olanya • Penglai Huaguang Foodstuff Co., Ltd. • Penglai Jinglu Fishery Co., Ltd. • Penglai Jinglu Fishery Co., Ltd. Processing Factory • Penglai Jinming Aquatic Products Co., Ltd. • Penglai Meibo Foodstuffs Co., Ltd. • Perfection Logistics Service • PingYang Xinye Aquatic Products Co., Ltd. • Pingye Foreign Transportation • Power Dekor Group Co., Ltd. • Qianjiang Heyi Aquatic Products and Foodstuff Co., Ltd. • Qianjiang Laike Seafood Co., Ltd. • Qingdao A&K Foods Col., Ltd. • Qingdao Anke Industrial Co., Ltd. • Qingdao Biwan Foods Co., Ltd. • Qingdao Biwan Marine Products Co., Ltd. • Qingdao Canning & Foodstuffs • Qingdao Chaoyang Foods Col., Ltd. • Qingdao Dayang Jian Foodstuffs • Qingdao Dong Gang Foodstuffs Co., Ltd. • Qingdao Dongwon F & B Co., Ltd. • Qingdao Gabsan Trdg • Qingdao Kangda Foodstuffs Co., Ltd. No. 2 Refrigeration Factory • Qingdao Kangda Haiqing Foods Co. Ltd. • Qingdao Katokichi Foodstuff Co., Ltd. • Qingdao Rongli Aquatic Foods Co. Ltd. • Qingdao Sanyang Aquatic Products Co., Ltd. • Qingdao Sohshoku Refrigeration and Processing Co., Ltd. • Qingdao Superior Foods Co., Ltd. • Qingdao Tsukiji Suisan Co., Ltd. • Qingdao Twins Co., Ltd. • Qingdao Wanfang Foodstuff, Ltd. • Qingdao Xinhaifeng Foods Co., Ltd. • Qingdao Xuri Foodstuffs • Qingdao Yilufa Foodstuffs Co., Ltd. • Qingdao Yuanxing Foods Processing Plant • Qingdao Yudong Foodstuffs Co., Ltd. • Qingdao Zhengjin West Coast Aquatic Products Processing Plant • Qinhuangdao Jiangxin Aquatic Food • Quanzhou Yisheng Gifts • Qunfa Seafood • Raoping County Longfa Seafoods Co., Ltd. • Raoping Jialong Freeze Food Co., Ltd. • Raoping Jianli Foods Co., Ltd. • Raoping Yongliang Foodstuffs Factory Co., Ltd. (Seafood Workshop) • Raoping Yuanteng Frozen Food Co., Ltd. • Red Garden Food • Red Garden Foodstuff and/or Red Garden Food • Regal Integrated Marine Resour • Rich Shipping • Rixiang Ocean Foodstuff Co., Ltd. Shishi • Rizhao Changhua Aquatic Foodstuff • Rizhao Huayang Farming Aquatic Processing Co., Ltd. • Rizhao Rirong Aquatic Products and Foods Co., Ltd. • Rizhao Smart Foods • Rongcheng Lijiang Aquatic and Foodstuffs Co., Ltd. • Rongcheng Tongda Aquatic Food • Rongcheng Yinhai Aquatic

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Period to be reviewed

• Round the World Logistics • Ruian Huasheng Aquatic Products • Rushan Huagreat Aquatic Products Co. Ltd. • Sahndong Huashijia Foods • San Francisco Bay Brand Far East • Sanya Branch of Zhanjiang Runhai Food Co., Ltd. • Sanya Dongji Aquatic Products Co., Ltd. • Sanya Dongji Aquatic Products Co., Ltd. • Sanya Shengda Seafood Co., Ltd. • Sanya Shengda Seafood Co., Ltd. • Sanya Yuantiao Aquatic Products Trading Co., Ltd. • Savvy Seafood Inc. • Science & Technology Development • Sea Mart • Sea to Sea Seafood • Second Aquatic Food • SH Linghai Fisheries Trdg • Shandong Chengshun Farm Produce Trd • Shandong Foodstuffs Imp and Exp Corp. Qingdao Refrigeration Plant • Shandong Huashijia Foods • Shandong Longkou Aquatic Product Comprehensive Corporation • Shandong Oriental Ocean Sci-Tech Co., Ltd. • Shandong Rizhao Sanfod Foodstuffs Co., Ltd. • Shandong Rushan Weimei Foodstuffs • Shandong Sanfod Nissui Co., Ltd. • Shandong Yongkang Food Co. Ltd. • Shanghai Haidell Foods Co., Ltd. • Shanghai Ho Ho Food Factory • Shanghai Linghai Fisheries Economic and Trading Co. • Shanghai Royal Dragon Seafoods • Shanghai Taoen International Trading Co., Ltd. • Shantou Chaoyang Zhansheng Freeze Factory • Shantou City Qiaofeng Group Co., Ltd. • Shantou Freezing Aquatic Product Food Stuffs Co. • Shantou Freezing Factory • Shantou Haimao Foodstuffs Factory Co., Ltd. • Shantou Haixiang Aquatic Products Co., Ltd. • Shantou Haiyou Aquatic Foodstuff Co., Ltd. • Shantou Jiazhou Foods Industry Co., Ltd. • Shantou Jinfa Seafood Co., Ltd. • Shantou Jinhang Aquatic Industry Co., Ltd. • Shantou Jinping District Mingfeng Quick-Frozen Factory • Shantou Jinyuan District Mingfeng Quick-Frozen Factory • Shantou Long Feng Foodstuffs Co., Ltd. (Shantou Longfeng Foodstuffs Co., Ltd.) • Shantou Longfeng Foodstuff Co., Ltd. • Shantou Longsheng Aquatic Product Foodstuff Co., Ltd. • Shantou Longsheng Aquatic Product • Shantou Nichi Len Foods Co., Ltd. • Shantou Ocean Freezing Industry and Trade General Corporation • Shantou Red Garden Foodstuff Co., Ltd. and/or Shantou Red Garden Food Processing Co., Ltd. • Shantou Red Garden Foodstuff. • Shantou Ruiyuan Industry Co., Ltd. • Shantou SEZ Dafeng Aquatic Product Enterprise Co., Ltd. • Shantou SEZ Xu Hao Fastness Freeze Aquatic Factory Co., Ltd. • Shantou Sez Xuhoa Fastness Freeze Aquatic Factory Co. • Shantou Shengping District Yongping • Shengnanhe Aquatic Products Process Factory • Shantou Shengping Jiacheng Aquatic Product Foodstuff Quick-Frozen Factory • Shantou Shengping Oceanstar Business Co., Ltd. • Shantou Wanya Food Factory Co., Ltd. • Shantou Wanya Foods Fty. Co., Ltd. (Branch Factory) • Shantou Yuexing Enterprise Company • Shanwei Cathay Food Industries Ltd. • Shanwei Good Harvest Aquatic Products Co., Ltd. • Shaotou Ocean Freezing Industry and Trade General Corporation • Sharewin Intl Cargo Agent • Shenzhen Allied Aquatic Products • Shishi Zhengyuan Aquatic Product Science & Technology Development Co., Ltd. • Silvertie Holding • Sinda Intl Trdg • Sino Champion • Sky Blue Ocean Foods • St. City Qiaofeng Group • ST Wanya Foods Fty

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Period to be reviewed

• Suqian Foreign Trdg • T.H. • Taiwan Titan Enterprises • Taizhou Lingyang Aquatic Products Co., Ltd. • Taizhou Zhonghuan Industrial Co., Ltd. • Tangshan Dongguang Foods Co., Ltd. • Thai Royal Frozen Food Zhanjiang Co., Ltd. • The Aquaculture Processing Factory of Doumen Aquatic Products Import Co., Guangdong • The Freezing Plant of Guangdong Shantou Aquatic Product Imp. and Exp. Co. • The Second Aquatic Food • The Second Aquatic Foodstuffs Factory Shandong Hisea Group • Tianhe Hardware & Rigging • Tianjin Dongjiang Food • Tianjin Smart Gulf Foodstuffs Co., Ltd. • Tien Jiang Enterprises • TingFond Aquatic Food Development Co., Ltd. Guangzhou • Top One Intl. • Universal Freight Systems • Weifang Taihua Food • Weifang Yongqiang Food Ind. • Weihai Weidongri Comprehensive Food Co., Ltd. • Weishan Zhaozhong Lake Foodstuffs • Wenling Hotai Marine Processing Corp. • Wenling Jiaoshan Fishing Harbour Freezing Plant • Wenling Shatou Seafood Cold Storage Plant • Wenling Xingdi Aquatic Products Co., Ltd. • Wenling Xingdi Aquatic Products • Xiamen Sungiven Imports & Exports • Xiangshan Haiyang Food Co., Ltd • Xiangshan Huayi Seafood Co., Ltd. • Xiangshan South Aquatic Food Co., Ltd. • Xiantao Mianyang Sanzheng Foods Co., Ltd. • Xiashan Cold Storage Plant of Zhanjiang Foodstuffs I/E Co. of Guangdong • Xinxing Aquatic Products Processing Factory • Xuwen Hailang Breeding Co., Ltd. • Yancheng Haiteng Aquatic Products & Foods Co., Ltd • Yancheng Sea & Garden Beauty Foods Co., Ltd. • Yangjiang City Yelin Hoitat Quick Frozen Seafood Co., Ltd. • Yangjiang City Yelin Hoi Tat Quick Frozen Seafood Co., Ltd. • Yangjiang Jiangcheng Huanghai Marine Food Enterprises Co., Ltd. • Yangjiang Jiangcheng Huanghai Marine Food Enterprises Co., Ltd. • Yangxi Add Host Aquatic Product Processing Factory • Yangxi Add Host Aquatic Product Processing Factory • Yantai Aquatic Products Supplying and Marketing Co., Aquatic Products Fazhan Branch • Yantai Aquatic Products Supplying and Marketing Co., Aquatic Products Haifa Food Branch • Yantai Aquatic Products Supplying and Marketing Co., Aquatic Products Fazhan Branch • Yantai Aquatic Products Supplying and Marketing Co., Aquatic Products Haifa Food Branch • Yantai Dachen Food Products Co., Ltd. • Yantai Defeng Aquatic Product Co., Ltd. • Yantai Development Area Yulong Foods Co. Ltd. • Yantai Foreign Trade No. 2 Refrigerator Factory • Yantai Fuba Foodstuffs Co., Ltd. • Yantai Guangyuan Foods Co. • Yantai Haide Aquatic Products Co., Ltd. • Yantai Haihe Foodstuffs Co., Ltd. • Yantai Haixing Fishery Products Co., Ltd. • Yantai Huake Foodstuffs Co. Ltd. • Yantai Jinpeng Foodstuffs Co., Ltd. • Yantai Lianfa Aquatic Products Co., Ltd. • Yantai Liming Aquatic Products Co., Ltd. • Yantai Longda Foodstuffs Co., Ltd. • Yantai Longxiang Foodstuffs Co., Ltd. • Yantai Luxing Foodstuffs Co., Ltd. • Yantai M and K Foods Col., Ltd. • Yantai Pengfu Fishery Products Co., Ltd. • Yantai Sealucky Foodstuffs Co., Ltd. • Yantai Tangmu Seafood Products Co., Ltd. • Yantai Wei-Cheng Food Co., Ltd. • Yantai Xingyang Aquatic & Foods Co., Ltd. • Yantai Xinlai Trade • Yantai Xinxing Foodstuffs Co., Ltd. • Yantai Xuehai Foodstuffs • Yantai Xuehai Foodstuffs Co., Ltd. • Yantai Yuyuan Aquatic Products Co., Ltd.

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Period to be reviewed

• Yantai Zhaoyang Aquatic Products Co., Ltd. • Yantai Zhengwang Seafood Co., Ltd. • Yantai Zhicheng Aquatic Product Co., Ltd. • Yelin Enterprise Co., Ltd. Hong Kong • Yelin Frozen Seafood Co. 21 • Yuhuan Minzhu Freezing Plant • Zhan Jiang Green Environmental Protection Aquatic Foods Co., Ltd. • Zhangjiang Bobogo Ocean Co., Ltd. • Zhangjiang Bo Bo Go Ocean Co., Ltd. • Zhangjiang Jinguo Seafood Co., Ltd. • Zhangzhou Changshan Haizhiwei Frozen Food Co. • Zhangzhou Hsien-pin Frozen Foods Co., Ltd. • Zhangzhou Oceanrich Foodstuffs Co., Ltd. • Zhangzhou Quanfeng Foods Development Co., Ltd. • Zhangzhou Yuanxin Foodstuff Co. Ltd. • Zhanjiang Allied Pacific Aquaculture Co., Ltd. • Zhanjiang Baohui Sea Products PTE Co., Ltd. • Zhanjiang Baoli Aquatic Products Co., Ltd. • Zhanjiang Bo Bo Go Ocean Co., Ltd. • Zhanjiang Dongyang Aquatic Products Co., Ltd. • Zhanjiang East Sea Kelon Aquatic Products Co., Ltd. • Zhanjiang Evergreen Aquatic Product Science and Technology Co., Ltd. • Zhanjiang Fuchang Aquatic Product Freezing Plant • Zhanjiang Fuchang Aquatic Products • Zhanjiang Go-harvest Aquatic Products Co., Ltd. • Zhanjiang Guotong Aquatic Products Co., Ltd. • Zhanjiang Haizhou Aquatic Product • Zhanjiang Hi Press Machine Eqp • Zhanjiang Longwei Aquatic • Zhanjiang Newpro Foods Co., Ltd. • Zhanjiang Puxin Aquatic Products Co., Ltd. • Zhanjiang Regal Integrated Marine Resources Co., Ltd. • Zhanjiang Runhai Foods Co., Ltd. • Zhanjiang Siyu Aquatic Products Co., Ltd. • Zhanjiang Universal Seafood Corp. • Zhanjiang Yueshui Fishery Co., Ltd. • Zhejiang Cereals, Oils & Foodstuff Import & Export Co., Ltd. and/or Zhejiang Cereals Oils & Foodstuffs Import & Export Corp. Yueqing Cooperative Cold Storage Plant • Zhejiang Daishan Baofa Aquatic Products Co., Ltd. • Zhejiang Dayang Aquatic Products Co., Ltd. • Zhejiang Evergreen Aquatic • Zhejiang Evergreen Aquatic Pro • Zhejiang Evernew Seafood Co., Ltd. Cold Storage Plant • Zhejiang Evernew Seafood Co., Ltd. • Zhejiang Haizhiwei Aquatic Products Co., Ltd. • Zhejiang Iceman Foods • Zhejiang New Century Aquatic Food Co., Ltd. • Zhejiang New Century Imp. & Exp. Group Co. Ltd. Seafood Factory • Zhejiang Ocean Fisheries Group Ningbo Seafood Processing Co., Ltd. Corp. Food Plant • Zhejiang Taizhou Haierbao Aquatic Products Co., Ltd. • Zhejiang Tongxinrong Seafood Co., Ltd. • Zhejiang Xingyang Import & Exports • Zhejiang Xintianjiu Sea Products Co., Ltd. • Zhejiang Zhenglong Foodstuffs Co., Ltd. • Zhejiang Zhongdao • Zhejiang Zhoufu Food Co., Ltd. • Zhejiang Zhoushan Haisilk Aquatic Products Co., Ltd. • Zhenjiang Evergreen Aquatic Products Science & Technology Co., Ltd. • Zhenye Aquatic & Cool Storage • Zhongshan Daisheng Frozen Food Company Ltd. • Zhongshan Fishery and Agricultural Products Freezing Factory Co., Ltd. • Zhongshan Metro Frozen Food Co., Ltd. • Zhoushan • Zhoushan Cereals, Oils and Foodstuffs Import and Export Co., Ltd. • Zhoushan Changguo Foods Co., Ltd • Zhoushan City Shengtai Aquatic Co., Ltd. • Zhoushan Diciyuan Aquatic Products Co., Ltd. • Zhoushan Diciyuan Aquatic Products • Zhoushan Dinghai Hongxin Aquatic Products Coldstorage Plant • Zhoushan Gangming Foods Co., Ltd. • Zhoushan Guotai Aquatic Products Co., Ltd. • Zhoushan Guotai Fisheries Co., Ltd. • Zhoushan Haichang Food Co., Ltd. • Zhoushan Haizhou Aquatic Products Co., Ltd. Foods Processing Factory

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Period to be reviewed

• Zhoushan Huading Seafood Co., Ltd • Zhoushan Industrial Co., Ltd. • Zhoushan Industrial Co., Ltd. Cold Storage Factory • Zhoushan Jingzhou Aquatic Foods Co., Ltd. • Zhoushan Jinyuan Aquatic Foods Co., Ltd. • Zhoushan Lizhou Fishery Co., Ltd. • Zhoushan Penglai Aquatic Co., Ltd. • Zhoushan Putuo Dongyu Frozen Aquatic Products Co., Ltd • Zhoushan Putuo Huafa Sea Products Co., Ltd. • Zhoushan Putuo Zhuohai Marine Products Co., Ltd. • Zhoushan Qiangren Imp & Exp • Zhoushan Thousand-Islands Aquatic Products Co., Ltd. • Zhoushan Toka Foods Co., Ltd. • Zhoushan Xifeng Aquatic Co., Ltd. • Zhoushan Yueyang Food Co., Ltd. • Zhoushan Zaohai Aquatic Products Co., Ltd. • Zhoushan Zhenyang Developing Co., Ltd. • ZJ CNF Sea Products Engineering Ltd. Viet Nhan

Notification may be found on the Department’s Web FOR FURTHER INFORMATION: Yang Jin site at http://www.trade.gov/ia. Chun or Minoo Hatten, AD/CVD This notice constitutes public This initiation and notice are in Operations, Office 5, Import notification to all firms requested for accordance with section 751(a) of the Administration, International Trade review and seeking separate-rate status Act, and 19 CFR 351.221(c)(1)(i). Administration, U.S. Department of in the administrative reviews of the Commerce, 14th Street and Constitution antidumping duty orders on shrimp Dated: March 18, 2009. Avenue, NW, Washington, DC 20230; from Vietnam and the PRC that they John M. Andersen, telephone: (202) 482–5760 or (202) 482– must submit a separate rate status Acting Deputy Assistant Secretary for 1690, respectively. application or certification, as Antidumping and Countervailing Duty appropriate, within the time limits Operations. SUPPLEMENTARY INFORMATION: established in this notice of initiation of [FR Doc. E9–6634 Filed 3–25–09; 8:45 am] Background administrative reviews in order to BILLING CODE 3510–DS–P On December 1, 2008, the Department receive consideration for separate-rate of Commerce (the Department) status. The Department will not give published the notice of initiation of the consideration to any Separate Rate DEPARTMENT OF COMMERCE sunset reviews of the antidumping duty Certification or Separate Rate Status International Trade Administration finding1/orders on prestressed concrete Application made by parties who fail to steel wire strand (PC strand) from timely submit the requisite Separate A–351–837, A–533–828, A–588–068, A–580– Brazil, India, Japan, the Republic of Rate Certification or Application. All 852, A–201–831, A–549–820 Korea (Korea), Mexico, and Thailand information submitted by respondents Prestressed Concrete Steel Wire pursuant to section 751(c) of the Tariff in these administrative reviews is Strand from Brazil, India, Japan, the Act of 1930, as amended (the Act). See subject to verification. To complete Republic of Korea, Mexico, and Initiation of Five–year (‘‘Sunset’’) these segments within the statutory time Thailand: Final Results of the Reviews, 73 FR 72770 (December 1, frame, the Department will be limited in Expedited Sunset Reviews of the 2008) (Notice of Initiation). its ability to extend deadlines on the Antidumping Duty Finding/Orders The Department received notices of above submissions. As noted above, the intent to participate in these sunset Separate Rate Certification and the AGENCY: Import Administration, reviews from American Spring Wire Separate Rate Status Application will be International Trade Administration, Corp., Insteel Wire Products Company, available on the Department’s Web site Department of Commerce. and Sumiden Wire Products Corp. SUMMARY: at http://ia.ita.doc.gov/nme/nme-sep- On December 1, 2008, the (collectively, the domestic interested rate.html on the date of publication of Department of Commerce initiated parties) within the 15–day period this notice. sunset reviews of the antidumping duty specified in 19 CFR 351.218(d)(1)(i). Interested parties must submit finding/orders on prestressed concrete The domestic interested parties claimed applications for disclosure under APO steel wire strand from Brazil, India, interested–party status under section in accordance with 19 CFR 351.305. Japan, the Republic of Korea, Mexico, 771(9)(C) of the Act as producers of a Instructions for filing such applications and Thailand pursuant to section 751(c) domestic like product in the United of the Tariff Act of 1930, as amended. States. 6 If one of the below named companies does not The Department has conducted The Department received complete qualify for a separate rate, all other exporters of expedited (120–day) sunset reviews for substantive responses to the Notice of shrimp from Vietnam who have not qualified for a these finding/orders in accordance with Initiation from the domestic interested separate rate are deemed to be covered by this 19 CFR 351.218(e)(1)(ii)(C)(2). As a review as part of the single Vietnam-wide entity of which the named exporters are a part. result of these sunset reviews, the 1 On December 8, 1978, the Department of the 7 If one of the listed companies does not qualify Department finds that revocation of the Treasury published the antidumping duty finding, for a separate rate, all other exporters of shrimp antidumping duty finding/orders would which is equivalent to an antidumping duty order from the PRC that have not qualified for a separate be likely to lead to continuation or published after 1980, on PC strand from Japan. See rate are deemed to be covered by this review as part Steel Wire Strand for Prestressed Concrete from of the single PRC-wide entity of which the named recurrence of dumping. Japan: Finding of Dumping, 43 FR 57599 (December exporter is a part. EFFECTIVE DATE: March 26, 2009. 8, 1978).

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parties within the 30–day period strand, other than alloy steel, not the likelihood of continuation or specified in 19 CFR 351.218(d)(3)(i). galvanized, which is stress–relieved and recurrence of dumping and the The Department received no substantive suitable for use in prestressed concrete. magnitude of the margins likely to responses from any respondent The merchandise subject to the prevail if the finding/orders were interested parties. As a result, in finding/orders is currently classifiable revoked. Parties can find a complete accordance with 19 CFR under subheadings 7312.10.3010 and discussion of all issues raised in these 351.218(e)(1)(ii)(C)(2), the Department is 7312.10.3012 of the Harmonized Tariff reviews and the corresponding conducting expedited (120–day) sunset Schedule of the United States (HTSUS). recommendations in this public Although the HTSUS subheadings are reviews of the antidumping duty memorandum which is on file in the finding/orders on PC strand from Brazil, provided for convenience and customs Central Records Unit, room 1117 of the India, Japan, Korea, Mexico, and purposes, the written description of the main Department of Commerce Thailand. merchandise under the finding/orders is dispositive. building. Scope of the Finding/Orders In addition, a complete version of the Analysis of Comments Received The product covered in the sunset Decision Memo can be accessed directly reviews of the antidumping duty orders All issues raised in these reviews are on the Web at http://ia.ita.doc.gov/frn. on PC strand from Brazil, India, Korea, addressed in the ‘‘Issues and Decision The paper copy and electronic version Mexico, and Thailand is steel strand Memorandum for the Expedited Sunset of the Decision Memo are identical in produced from wire of non–stainless, Reviews of the Antidumping Duty content. non–galvanized steel, which is suitable Finding/Orders on Prestressed Concrete for use in prestressed concrete (both Steel Wire Strand from Brazil, India, Final Results of Reviews pre–tensioned and post–tensioned) Japan, the Republic of Korea, Mexico, applications. The product definition and Thailand’’ from Acting Deputy We determine that revocation of the encompasses covered and uncovered Assistant Secretary John M. Andersen to antidumping duty finding/orders on PC strand and all types, grades, and Acting Assistant Secretary Ronald K. strand from Brazil, India, Japan, Mexico, diameters of PC strand. Lorentzen dated March 19, 2009 Korea, and Thailand would be likely to The product covered in the sunset (Decision Memo), which is hereby lead to continuation or recurrence of review of the antidumping duty finding adopted by this notice. The issues dumping at the following weighted– on PC strand from Japan is steel wire discussed in the Decision Memo include average percentage margins:

Weighted–Average Country Company Margin (Percent)

Brazil ...... Belgo Bekaert Arames S.A. 118.75 ...... All Others 118.75 India ...... Tata Iron and Steel Co., Ltd. 102.07 ...... All Others 83.65 Japan ...... Shinko Wire Co., Ltd. 13.30 ...... Suzuki Metal Industry Co., Ltd. 6.90 ...... Tokyo Rope Manufacturing Co., Ltd. 4.50 ...... All Others 9.76 Korea ...... Dong–Il Steel Manufacturing Co., Ltd. 54.19 ...... Kiswire Ltd. 54.19 ...... All Others 35.64 Mexico ...... Aceros Camesa S.A. de C.V. 62.78 ...... Cablesa S.A. de C.V. 77.20 ...... All Others 62.78 Thailand ...... Siam Industrial Wire Co., Ltd. 12.91 ...... All Others 12.91

Notification Regarding APO Dated: March 19, 2009. DEPARTMENT OF COMMERCE John M. Andersen, This notice serves as a reminder to Acting Deputy Assistant Secretary for International Trade Administration parties subject to administrative Antidumping and Countervailing Duty A–427–801, A–428–801, A–475–801, A–588– protective order (APO) of their Operations. 804, A–412–801 responsibility concerning the [FR Doc. E9–6797 Filed 3–25–09; 8:45 am] disposition of proprietary information Ball Bearings and Parts Thereof from BILLING CODE 3510–DS–S disclosed under APO in accordance France, Germany, Italy, Japan, and the with 19 CFR 351.305(a)(3). Timely United Kingdom: Partial Rescission of written notification of the return or Antidumping Duty Administrative destruction of APO materials or Reviews conversion to judicial protective order is AGENCY: Import Administration, hereby requested. Failure to comply International Trade Administration, with the regulations and terms of an Department of Commerce. APO is a sanctionable violation. SUMMARY: On July 1, 2008, in response We are issuing and publishing the to requests from interested parties, the final results and notice in accordance Department of Commerce published a with sections 751(c), 752(c), and notice of initiation of the administrative 777(i)(1) of the Act. reviews of the antidumping duty orders

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on ball bearings and parts thereof from Department) published a notice of the antidumping duty orders on ball France, Germany, Italy, Japan, and the initiation of the administrative reviews bearings and parts thereof from Japan United Kingdom. The period of review of the antidumping duty orders on ball and the United Kingdom, we extended is May 1, 2007, through April 30, 2008. bearings and parts thereof from France, the due date for withdrawing the The Department of Commerce is Germany, Italy, Japan, and the United requests for reviews to October 10, 2008, rescinding these reviews in part. Kingdom. See Initiation of Antidumping because all respondents that we selected EFFECTIVE DATE: March 26, 2009. and Countervailing Duty Administrative for individual examination in these two FOR FURTHER INFORMATION: Yang Jin Reviews and Requests for Revocation in reviews had withdrawn their requests Chun or Richard Rimlinger, AD/CVD Part, 73 FR 37409 (July 1, 2008). for reviews in a timely manner and Operations, Office 5, Import In accordance with 19 CFR because we had to identify additional Administration, International Trade 351.213(d), the Department will rescind respondents for individual examination. Administration, U.S. Department of an administrative review in part ‘‘if a On October 14, 2008, for Canon, Inc., we th Commerce, 14 Street and Constitution party that requested a review withdraws extended the due date for withdrawing Avenue, NW, Washington, DC 20230; the request within 90 days of the date the request for review to October 15, of the publication of notice of initiation telephone: (202) 482–5760 and (202) 2008, based on the circumstances stated of the requested review.’’ In accordance 482–4477, respectively. in Canon, Inc.’s October 14, 2008, letter with 19 CFR 351.213(d)(1), the SUPPLEMENTARY INFORMATION: requesting an extension of the due date. Department may extend the 90–day time Background limit if the Department ‘‘decides that it Subsequent to the initiation of these On July 1, 2008, in response to is reasonable to do so.’’ On October 3, reviews, we received timely requests from interested parties, the 2008, for all interested parties which withdrawals of the requests we had Department of Commerce (the requested the administrative reviews of received for the reviews as follows:

Country Company

France ...... ADR S.A.1 Germany ...... Dolmar GmbH1 ...... SNR Walzlager GmbH1 Italy ...... Edwards, Ltd., and Edwards High Vacuum Int’l Ltd.1 Japan ...... Aisin Seiki Company Ltd.1 ...... Asahi Seiko Co., Ltd.1 ...... Canon, Inc.2 ...... JTEKT Corporation1 ...... Keihin Corporation3 ...... Makino Milling Machine Company Ltd.3 ...... Makita Corporation3 ...... Mazda Motor Corporation3 ...... Mitsubishi Heavy Industries, Ltd.1 ...... Nachi–Fujikoshi Corporation1 ...... Nippon Pillow Block Company Limited1 ...... Nissan Motor Company, Ltd.3 ...... NSK, Ltd.1 ...... NTN Corporation1 ...... Univance Inc.3 ...... Yamazaki Mazak Trading Corporation1 United Kingdom ...... Edwards, Ltd., and Edwards High Vacuum Int’l Ltd.1 ...... NSK Bearings Europe Ltd.1 ...... Rolls–Royce PLC1 1 We received timely withdrawals of the requests for reviews of these companies on or before September 29, 2008, which was the last day of the regulatory 90-day period in which interested parties could withdraw a request for review. 2 We received a timely withdrawal of the request for review of Canon, Inc., on October 15, 2008. 3 We received timely withdrawals of the requests for reviews of these companies between October 8, 2008, and October 10, 2008.

Because there are no other requests Rescission of Reviews and Border Protection 15 days after for review of the above–named firms, publication of this notice. we are rescinding the reviews with The Department received the timely Notification to Importers respect to these companies in submitted letters withdrawing the requests for the reviews of the accordance with 19 CFR 351.213(d). We This notice serves as a reminder to companies listed above within the 90– also received a timely withdrawal of the importers of their responsibility under day period or within the specific request we received for Sapporo 19 CFR 351.402(f) to file a certificate Precision, Inc. (Sapporo), with respect extended due dates. The Department received no other requests for the regarding the reimbursement of to the administrative review of the antidumping duties prior to liquidation antidumping duty order on ball bearings reviews of these companies. Pursuant to 19 CFR 351.213(d)(1), the Department is of the relevant entries during this and parts thereof from Japan. A review rescinding the reviews in part with review period. Failure to comply with of Sapporo was also requested by respect to ball bearings and parts thereof this requirement could result in the another interested party which has not produced and/or exported by the Department’s assumption that withdrawn its request. Consequently, companies as stated above. The reimbursement of antidumping duties we continue to conduct the Department intends to issue appropriate occurred and subsequent assessment of administrative review of Sapporo. assessment instructions to U.S. Customs double antidumping duties.

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Notification Regarding APO instrument, for such purposes as these ordered. Reasons: Each foreign This notice serves as a reminder to instruments are intended to be used, instrument is an electron microscope parties subject to administrative was being manufactured in the United and is intended for research or scientific protective order (APO) of their States at the time the instruments were educational uses requiring an electron responsibility concerning the ordered. Reasons: Each foreign microscope. We know of no electron disposition of proprietary information instrument is an electron microscope microscope, or any other instrument disclosed under APO in accordance and is intended for research or scientific suited to these purposes, which was with 19 CFR 351.305(a)(3). Timely educational uses requiring an electron being manufactured in the United States written notification of the return or microscope. We know of no electron at the time of order of each instrument. destruction of APO materials or microscope, or any other instrument Dated: March 19, 2009. suited to these purposes, which was conversion to judicial protective order is Chris Cassel, hereby requested. Failure to comply being manufactured in the United States at the time of order of each instrument. Acting Director, Subsidies Enforcement with the regulations and terms of an Office, Import Administration. APO is a sanctionable violation. Dated: March 19, 2009. [FR Doc. E9–6798 Filed 3–25–09; 8:45 am] We are issuing and publishing these Chris Cassel, BILLING CODE 3510–DS–P rescissions in part in accordance with Acting Director, Subsidies Enforcement section 777(i)(1) of the Tariff Act of Office, Import Administration. 1930, as amended, and 19 CFR [FR Doc. E9–6799 Filed 3–25–09; 8:45 am] DEPARTMENT OF COMMERCE 351.213(d)(4). BILLING CODE 3510–DS–S Dated: March 19, 2009. National Oceanic and Atmospheric John M. Andersen, Administration Acting Deputy Assistant Secretary for DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty RIN 0648–XO24 Operations. International Trade Administration [FR Doc. E9–6800 Filed 3–25–09; 8:45 am] University of Colorado, et al.; Notice of Endangered and Threatened Species; BILLING CODE 3510–DS–S Consolidated Decision on Applications Take of Anadromous Fish for Duty-Free Entry of Electron AGENCY: Microscopes National Marine Fisheries DEPARTMENT OF COMMERCE Service (NMFS), National Oceanic and This is a decision consolidated Atmospheric Administration (NOAA), International Trade Administration pursuant to Section 6(c) of the Commerce. Educational, Scientific, and Cultural University of Colorado, et al.; Notice of ACTION: Notice of receipt of a permit Materials Importation Act of 1966 (Pub. Consolidated Decision on Applications application; request for comments. for Duty–Free Entry of Electron L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301). Microscopes SUMMARY: Related records can be viewed between Notice is hereby given that This is a decision consolidated 8:30 a.m. and 5 p.m. in Room 3705, U.S. NMFS has received an application for a pursuant to Section 6(c) of the Department of Commerce, 14th and permit (permit 14579) to conduct Educational, Scientific, and Cultural Constitution Avenue, NW., Washington, steelhead rescue activities for Materials Importation Act of 1966 (Pub. DC. population enhancement purposes from the Protected Resource Division of L. 89–651, as amended by Pub. L. 106– Docket Number: 08–050. Applicant: 36; 80 Stat. 897; 15 CFR part 301). NMFS office in Long Beach (PRDLB), University of Colorado, Boulder, CO California. The requested permit would Related records can be viewed between 80309–0427. Instrument: Dual Beam FIB 8:30 A.M. and 5:00 P.M. in Room 3705, affect the Southern California Coast Electron Microscope. Manufacturer: FEI Distinct Population Segment of U.S. Department of Commerce, 14th and Company, Czech Republic. Intended Constitution Avenue., NW, Washington, endangered steelhead trout Use: See notice at 74 FR 7588, February (Oncorhynchus mykiss). The public is D.C. 18, 2009. Docket Number: 08–041. Applicant: hereby notified of the availability of the Docket Number: 08–051. Applicant: permit application for review and University of Colorado, Denver, CO Lawrence Berkeley National Laboratory. 80217. Instrument: Vitrification Robot. comment before NMFS either approves Instrument: Electron Microscope. or disapproves the application. Manufacturer: FEI Company, The Manufacturer: FEI Company, The Netherlands. Intended Use: See notice at Netherlands. Intended Use: See notice at DATES: Written comments on the permit 74 FR 7394, February 17, 2009. 74 FR 7588, February 18, 2009. application must be received at the Docket Number: 08–052. Applicant: Docket Number: 08–062. Applicant: appropriate address or fax number (see University of Washington, Seattle, WA ADDRESSES) on or before April 27, 2009. 98105–6698. Instrument: CTD Chain III. Carnegie Mellon University, Pittsburgh, Manufacturer: ADM Electronik, PA 15213. Instrument: Scanning ADDRESSES: Written comments on the Germany. Intended Use: See notice at 74 Electron Microscope. Manufacturer: FEI permit application should be sent to FR 7395, February 17, 2009. Company, The Netherlands. Intended Matt McGoogan, Protected Resources Docket Number: 08–056. Applicant: Use: See notice at 74 FR 7588, February Division, NMFS, 501 W. Ocean Blvd., Argonne National Laboratory, Lemont, 18, 2009. Suite 4200, Long Beach, CA 90802. IL 60439. Instrument: Isobar Separator Comments: None received. Decision: Comments may also be sent using email System. Manufacturer: Bruker Biospin Approved. No instrument of equivalent ([email protected]) or fax (562) S.A., France. Intended Use: See notice at scientific value to the foreign 980–4027. The permit application is 74 FR 7395, February 17, 2009. instrument, for such purposes as these available for review, by appointment, at Comments: None received. Decision: instruments are intended to be used, the foregoing address and is also Approved. No instrument of equivalent was being manufactured in the United available for review online at the scientific value to the foreign States at the time the instruments were Authorizations and Permits for

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Protected Species website at https:// the affected area, the cause for any anthropogenic activity causing the apps.nmfs.noaa.gov. observed or projected streamflow reduction in flow); an estimate of the FOR FURTHER INFORMATION CONTACT: Matt decreases or dewatering, the availability number of steelhead that are expected to McGoogan at phone number (562) 980– of suitable instream areas to safely be rescued; the name of the waterway 4026 or e-mail: harbor the rescued steelhead (i.e., and location (GPS coordinates) where [email protected]. relocation areas), and the abundance of the collected steelhead would be steelhead within the affected area. The relocated; and, a description of the plan SUPPLEMENTARY INFORMATION: application specifies that the permit that will be implemented to monitor the Authority would be applicable only in the status of the relocated individuals over following situations: when a rapid time. Issuance of permits, as required by the response is crucial to steelhead survival, A permit duration of 10 years is Endangered Species Act of 1973 (16 and when mortality of steelhead, if not requested to cover the described U.S.C. 1531B1543) (ESA), is based on a rescued and relocated, is reasonably activities from 6/1/2009 to 12/31/2019. finding that such permits: (1) are certain; and, when take authorization For this 10 year program, PRDLB has applied for in good faith; (2) would not has not been granted, or is not expected requested an annual non-lethal take of operate to the disadvantage of the listed or warranted, under Section 7 or Section up to 2000 juvenile steelhead and 100 species which are the subject of the 10 of the ESA. The application defines adult steelhead. An annual collection permits; and (3) are consistent with the criteria to increase the likelihood that and possession of up to 100 steelhead purposes and policies set forth in the permit would not be misused. tissue samples is being requested as section 2 of the ESA. Authority to take NMFS-specific responsibilities under well as permission to recover up to 20 listed species is subject to conditions set the rescue and relocation activities carcasses per year (if found). All forth in the permits. Permits are issued involve: (1) serving as the permit holder, samples and carcasses would be sent to in accordance with and are subject to principal investigator, and the primary NMFS science center for genetic the ESA and NMFS regulations contact, (2) designating and research and processing. No intentional governing listed fish and wildlife collaborating with the California lethal take is being proposed for this permits (50 CFR parts 222–226). Department of Fish and Game (CDFG) as permit. The unintentional lethal take Those individuals requesting a a co-investigator, (3) determining the (mortalities) that may occur during hearing on an application listed in this need for a steelhead rescue and rescue activities is up to100 juvenile notice should provide the specific relocation, and (4) providing written steelhead per year or no more than 5 reasons why a hearing on that authorization for undertaking steelhead percent of the total captured. See the application would be appropriate (see rescue and relocation. NMFS would attached documents in the methods ADDRESSES). The holding of such a retain discretion as principal section of the permit for a complete hearing is at the discretion of the investigator under the permit for project description including tables and Assistant Administrator for Fisheries, determining, either individually or in figures. NOAA. All statements and opinions collaboration with CDFG, whether a Dated: March 20, 2009. contained in the permit action steelhead rescue and relocation are summaries are those of the applicant warranted using the established rescue Angela Somma, and do not necessarily reflect the views criteria. Chief, Endangered Species Division, Office of NMFS. With regard to authorizing steelhead of Protected Resources, National Marine rescue and relocation, the permit would Fisheries Service. Permit Application Received grant NMFS the authority to legally [FR Doc. E9–6779 Filed 3–25–09; 8:45 am] PRDLB has applied for a permit to allow its own qualified biologists or BILLING CODE 3510–22–S conduct steelhead rescue activities for those of the CDFG to conduct and the Southern California Coast (SCC) oversee operations to capture and DEPARTMENT OF COMMERCE Distinct Population Segment (DPS) of relocate steelhead when an imminent endangered steelhead (Oncorhynchus threat to the survival of individuals National Oceanic and Atmospheric mykiss) which includes coastal streams exists and when the rescue criteria are Administration from the Santa Maria River south to the met. Once the determination has been Mexican border. The purpose of this made that a steelhead rescue is needed, Notice of Availability of a Draft Damage permit is for the enhancement of NMFS will coordinate the rescue and Assessment and Restoration Plan and survival of endangered steelhead in the relocation operation with its own Environmental Assessment for Natural SCC DPS. During the dry season and biologists and (or) those of the CDFG. Resource Injuries and Service Losses prolonged periods of below normal The application identifies specific Associated With Hazardous Substance rainfall the instream areas harboring responsibilities for CDFG related to the Releases Into Bayou Verdine and the endangered steelhead can experience rescue and relocation activities. CDFG Calcasieu River, in Calcasieu Parish, dewatering and desiccation. Because will notify the designated NMFS point LA (‘‘Bayou Verdine Site’’) steelhead within drying sections of of contact of the need to rescue and streams can perish, possessing the legal relocate steelhead prior to implementing AGENCY: National Oceanic and authority to capture and then relocate any rescue and relocation operation. Atmospheric Administration (NOAA), at-risk individuals would be valuable The notification will involve a letter Commerce. should biotic and abiotic factors suggest that provides the following information: ACTION: Notice of Availability of a Draft rescue of steelhead is warranted. A description of the need to rescue Damage Assessment and Restoration Criteria have been defined in the steelhead, including an assessment of Plan and Environmental Assessment for application to provide an objective the applicability of the rescue criteria; natural resource injuries and service biological basis for determining whether the name of the waterway where the losses associated with hazardous a steelhead rescue is reasonable and subject rescue and relocation would substance releases into Bayou Verdine necessary to enhance the population. occur; a brief description of the specific and the Calcasieu River, in Calcasieu These criteria include instream conditions believed to be prompting the Parish, Louisiana (‘‘Bayou Verdine characteristics and conditions within rescue (e.g., naturally dry conditions, or Site’’); 60-day period for public

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comment on this plan begins March 27, the upper Calcasieu Estuary, southwest restoration action which is preferred for 2009. of the City of Westlake and slightly use to restore, replace or acquire northwest of the City of Lake Charles, in resources or services equivalent to those SUMMARY: Pursuant to 43 CFR 11.32 and Calcasieu Parish, LA. It originates in an lost. 11.81–.82, notice is hereby given that a agricultural area immediately north and In undertaking this NRDA and in document entitled, ‘‘A Draft Damage northwest of petroleum facilities owned releasing this Draft DARP/EA, the Assessment and Restoration Plan and and operated by ConocoPhillips Trustees are acting in accordance with Environmental Assessment for the Company and Sasol North America Inc., their designation and authorities under Bayou Verdine Site, Calcasieu Parish, and flows in a south-southeast direction section 107(f) of the Comprehensive Louisiana’’ (Draft DARP/EA) is available through this industrialized segment Environmental Response, for public review and comment. This before entering the Calcasieu River at Compensation, and Liability Act document has been prepared by the Coon Island Loop. Historical operations (‘‘CERCLA’’), 42 U.S.C. § 9607(f), section state and federal natural resource trustee at these two facilities have resulted in 311 of the Federal Water Pollution and agencies (the ‘‘Trustees’’) to address releases of hazardous substances, such Control Act (FWPCA), 33 U.S.C. section natural resource injuries and resource as polynuclear aromatic hydrocarbons 1321, Subpart G of the National Oil and services losses attributable to past (PAHs), heavy metals, and other Hazardous Substances Pollution releases of hazardous substances from hazardous compounds, into Bayou Contingency Plan (NCP), 40 CFR two facilities situated in the upper Verdine and Coon Island Loop, within sections 300.600–300.615, and Calcasieu Estuary, in Calcasieu Parish, the Estuary. regulations at 43 CFR part 11 that are Louisiana that are presently owned and The upper Calcasieu Estuary has been applicable to natural resource damage operated by ConocoPhillips Company the focus of a number of past assessments under CERCLA. The and Sasol North America Inc investigations related to contaminant Trustees act on behalf of the public (collectively, the ‘‘potentially releases and is the subject of several on- under these authorities to protect and responsible parties’’ or ‘‘PRPs’’). The going response or corrective action restore natural resources injured or lost Trustees include the National Oceanic planning processes under the direction as a result of discharges or releases of and Atmospheric Administration or oversight of the U.S. Environmental hazardous substances. (NOAA), Commerce; United States Fish Protection Agency (USEPA) and/or FOR FURTHER INFORMATION CONTACT: John & Wildlife Service, acting on behalf of LDEQ. The most extensive effort to the U.S. Department of the Interior Rapp, at (301) 713–0174 x174, or e-mail: identify the nature and extent of [email protected]. (USFWS/DOI); Louisiana Department of hazardous substances present in the Environmental Quality (LDEQ) and Estuary to date is the federal-lead Dated: March 9, 2009. Louisiana Department of Wildlife and Remedial Investigation (RI) of David G. Westerholm, Fisheries (LDWF). contaminants in sediments, surface Director, Office of Response and Restoration, This Draft DARP/EA presents the water, and biota in the Calcasieu National Ocean Service, National Oceanic Trustees’ proposed assessment of Estuary undertaken by the USEPA in and Atmospheric Administration. natural resource injuries and service 1999. Results from this investigation, [FR Doc. E9–6693 Filed 3–25–09; 8:45 am] losses in the upper Calcasieu Estuary combined with other relevant data and BILLING CODE 3510–JE–P due to hazardous substances released information, prompted the Trustees to from these facilities, and presents the pursue a natural resource damage restoration plan that the Trustees are assessment (NRDA) to determine and DEPARTMENT OF COMMERCE proposing for use to compensate for quantify resource injuries and losses in these losses. The Trustees will consider National Oceanic and Atmospheric the Estuary attributable to hazardous Administration comments received during the public substances from the PRPs’ facilities, and comment period before adopting the to develop a restoration plan that would Notice of Public Meeting; The Advisory final DARP/EA. be sufficient to compensate for those Deadline for Comments: Comments Committee on Commercial Remote losses. The Trustees’ decision to Sensing (ACCRES) on the Draft DARP/EA must be proceed with this NRDA was identified submitted in writing on or before May in a ‘‘Notice Of Intent To Perform AGENCY: National Oceanic and 26, 2009. Damage Assessment & Develop Atmospheric Administration, ADDRESSES: Requests for copies of the Restoration Plan for Natural Resources Department of Commerce. Draft DARP/EA should be sent to John Injured by Hazardous Substances in ACTION: Notice of public meeting. Rapp of NOAA at 1315 East-West Bayou Verdine & Coon Island Loop in Highway, SSMC3, F/HC3, Silver Spring, Calcasieu Parish, Louisiana’’ published SUMMARY: The Advisory Committee on MD 20910, e-mail: September 26, 2004, in the American Commercial Remote Sensing (ACCRES) [email protected]. The Draft Press, a newspaper of general will meet April 7, 2009. DARP/EA is also available for circulation in Calcasieu Parish, LA. That Date and Time: The meeting is downloading at http:// notice also invited public input scheduled as follows: April 7, 2009, 9 www.darrp.noaa.gov (by clicking on the regarding potential restoration a.m.–3 p.m. The first part of this document title in the Bayou Verdine opportunities in the watershed that the meeting will be closed to the public. announcement on that page). Trustees could consider in developing The public portion of the meeting will Comments on this plan are to be sent an appropriate restoration plan. The begin at 1:30 p.m. in writing to John Rapp of NOAA for PRPs were cooperatively involved in the ADDRESSES: The meeting will be held in receipt on or before May 26, 2009. These NRDA process as well, consistent with the Crowne Plaza Hotel located at 8777 written comments may be submitted 43 CFR 11.32. Georgia Ave., Silver Spring, MD 20910. either by mail at the address provided The Draft DARP/EA released today While open to the public, seating above; by fax to 301–713–0184, or by e- identifies the Trustees’ proposed capacity may be limited. mail to [email protected]. assessment of natural resource injuries SUPPLEMENTARY INFORMATION: As SUPPLEMENTARY INFORMATION: Bayou and losses due to past releases from required by section 10(a)(2) of the Verdine is a shallow, sinuous bayou in these facilities and identifies the Federal Advisory Committee Act, 5

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U.S.C. App. (1982), notice is hereby 713–0204, or e-mail Council Address: Mid-Atlantic given of the meeting of ACCRES. [email protected]. Fishery Management Council, 300 S. ACCRES was established by the The ACCRES expects that public New St., Room 2115, Dover, DE 19904; Secretary of Commerce (Secretary) on statements presented at its meetings will telephone: 302–674–2331. May 21, 2002, to advise the Secretary not be repetitive of previously- FOR FURTHER INFORMATION CONTACT: through the Under Secretary of submitted oral or written statements. In Daniel T. Furlong, Executive Director, Commerce for Oceans and Atmosphere general, each individual or group Mid-Atlantic Fishery Management on long- and short-range strategies for making an oral presentation may be Council; telephone: 302–674–2331 ext. the licensing of commercial remote limited to a total time of five minutes. 19. sensing satellite systems. Written comments (please provide at SUPPLEMENTARY INFORMATION: On least 13 copies) received in the NOAA/ Matters To Be Considered Tuesday, April 14 the Mid-Atlantic NESDIS Commercial Remote Sensing section of the Joint Dogfish Committee The first part of the meeting will be Regulatory Affairs Office on or before will meet from 10:00 a.m. until 12:00 closed to the public pursuant to Section March 31, 2009, will be provided to p.m. The Bycatch /Limited Access 10(d) of the Federal Advisory Committee members in advance of the Committee will meet from 1:00 p.m. Committee Act, 5 U.S.C. App. 2, as meeting. Comments received too close until 2:30 p.m. The Ecosystems and amended by Section 5(c) of the to the meeting date will normally be Ocean Planning Committee will meet Government in Sunshine Act, Public provided to Committee members at the from 2:30 p.m. until 5:00 p.m. From Law 94–409 and in accordance with meeting. 7:00 p.m. until 8:30 p.m. there will be Section 552b(C)(1) of Title 5, United FOR FURTHER INFORMATION CONTACT: Jane a scoping session for the Omnibus States Code. Accordingly, portions of D’Aguanno, NOAA/NESDIS Amendment regarding ACL/AM. this meeting which involve the ongoing Commercial Remote Sensing Regulatory On Wednesday, April 15 the ACL / review and implementation of the April Affairs Office, 1335 East-West Highway, AM Committee will meet from 8:00 a.m. 2003 U.S. Commercial Remote Sensing Room 8260, Silver Spring, Maryland until 9:30 a.m. The Squid, Mackerel, Space Policy and related national 20910; telephone (301) 713–3385, fax and Butterfish Committee will meet security and foreign policy (301) 713–0204, e-mail from 9:30 a.m. until 12:00 p.m. The considerations for NOAA’s licensing [email protected], David Council will convene at 1:00 p.m. until decisions are closed to the public. These Hasenauer at (301) 713–1644, fax (301) 5:00 p.m. to conduct its regular business briefings are likely to disclose matters 713–0204, or e-mail session, receive organizational reports, that are specifically authorized under [email protected]. liaison reports, Executive Director’s criteria established by Executive Order Mary E. Kicza, report, the Status of the Fishery 12958 to be kept secret in the interest Management Plans (FMP) report, a of national defense or foreign policy and Assistant Administrator for Satellite and Information Service. report on risk considerations, and an are in fact properly classified pursuant update on Amendment 11 to the Squid, [FR Doc. E9–6756 Filed 3–25–09; 8:45 am] to such Executive Order. Mackerel, and Butterfish FMP. All other portions of the meeting will BILLING CODE 3510–HR–P On Thursday, April 16 the Executive be open to the public. During the open Committee will meet from 8:00 a.m. portion of the meeting, the Committee DEPARTMENT OF COMMERCE until 9:00 a.m. The Council will will receive updates on NOAA’s convene at 9:00 a.m. until 1:00 p.m. to Commercial Remote Sensing Regulatory National Oceanic and Atmospheric receive an update on the Marine Affairs activities. The Committee will Administration Recreational Information Program also be available to receive public (MRIP), receive an update on comments on its activities. RIN 0648–XO38 Amendments 17 and 18 to the South Special Accommodations Atlantic Fishery Management Council’s Mid-Atlantic Fishery Management Snapper Grouper FMP, Committee These meetings are physically Council (MAFMC); Meetings Reports, and any continuing and/or new accessible to people with disabilities. business. Requests for special accommodations AGENCY: National Marine Fisheries Agenda items by day for the Council’s may be directed to ACCRES, NOAA/ Service (NMFS), National Oceanic and Committees and the Council itself are: NESDIS Commercial Remote Sensing Atmospheric Administration (NOAA), Tuesday, April 14—the Mid-Atlantic Regulatory Affairs Office, 1335 East- Commerce. section of the Joint Spiny Dogfish West Highway, Room 8260, Silver ACTION: Notice of public meeting. Committee will receive a report on the Spring, Maryland 20910. March meeting of the Joint Dogfish SUMMARY: The Mid-Atlantic Fishery Committee, review and discuss pre- Additional Information and Public Management Council (Council), its scoping issues related to the Comments Dogfish Committee, its Bycatch / development of Amendment 1 to the Any member of the public wishing Limited Access Committee, its Dogfish FMP, and develop Committee further information concerning the Ecosystems and Ocean Planning recommendations for consideration and meeting or who wishes to submit oral or Committee, its Annual Catch Limits/ future action by the Joint Dogfish written comments should contact Jane Accountability Measures (ACL/AM) Committee. The Bycatch / Limited D’Aguanno, Designated Federal Officer Committee, its Squid, Mackerel, Access Committee will discuss possible for ACCRES, NOAA/NESDIS Butterfish Committee, and its Executive modifications to black sea bass pots, and Commercial Remote Sensing Regulatory Committee will hold public meetings. finalize text and lay-out of the bycatch Affairs Office, 1335 East-West Highway, DATES: Tuesday, April 14, 2009 through reduction pamphlet. It will also develop Room 8260, Silver Spring, Maryland Thursday, April 16, 2009. a plan of action for distribution of the 20910. Copies of the draft meeting ADDRESSES: The Sanderling Hotel, 1461 bycatch reduction pamphlet, and agenda can be obtained from David Duck Road, Duck, NC 27949; telephone: receive a presentation from Hasenauer at (301) 713–1644, fax (301) 252–261–4111. Environmental Defense Fund

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representatives regarding British intent to take final action to address 3. Update on Federal Fisheries Columbia’s fishery management such emergencies. Management Actions practices and bycatch reduction efforts. a. Fishery Ecosystem Plan Special Accommodations The Ecosystems and Ocean Planning amendments on Annual Catch Limits Committee will review the DOC This meeting is physically accessible (ACLs)/Allowable Catch Targets (ACTs)/ Inspector General’s Report on NEFSC’s to people with disabilities. Requests for Accountability Measures use of best science for ecosystems, sign language interpretation or other b. Defining Small-scale traditional receive a report from Dr. Jason Link auxiliary aid should be directed to M. fishing regarding NEFSC prey-predator Jan Bryan (302–674–2331 ext 18) at least c. Discussion and recommendations relationship studies, and review the five days prior to the meeting date. 4. Ecosystem and Habitat status of proposed LNG facilities in the Dated: March 23, 2009 a. Habitat Assessment Improvement Mid-Atlantic Council’s jurisdiction off Tracey L. Thompson, Plan New Jersey. There will be an evening b. Updating EFH/HAPC information Acting Director, Office of Sustainable i. FEP/FMP designations scoping session for the ACL/AM Fisheries, National Marine Fisheries Service. ii. Defining/improving EFH/HAPC Omnibus Amendment. Wednesday, [FR Doc. E9–6736 Filed 3–25–09; 8:45 am] April 15—The ACL / AM Committee definitions, boundaries and information BILLING CODE 3510–22–S will review the status of action for the c. Stimulus Funding for Habitat Omnibus Amendment, and discuss risk 5. Fishery Development a. Identify Marine, Education and philosophies to be considered by the DEPARTMENT OF COMMERCE Council for the Omnibus Amendment. Training Priorities The Squid, Mackerel, and Butterfish National Oceanic and Atmospheric b. Cooperative Research priorities Committee will review the management Administration c. Marine Conservation Plan alternatives addressed in Amendment d. Discussion and recommendations 11, and review the recommendations of RIN 0648–XO39 6. Review of Annual Report Modules the Fishery Management Action Team for Hawaii & Pacific Remote Island (FMAT). The Council will convene for Western Pacific Fishery Management Areas its regular business session to receive Council; Public Meetings a. Coral Reef Ecosystem various reports including a report on b. Precious Coral AGENCY: National Marine Fisheries c. Crustaceans risk considerations. The Council will Service (NMFS), National Oceanic and d. Discussion and Recommendations also review alternatives associated with Atmospheric Administration (NOAA), Hawaii Archipelagic Plan Team proposed management measures and if Commerce. Meeting appropriate select preferred alternatives ACTION: Notice of public meetings. 9:00 a.m. — 4:00 p.m. Wednesday, April contained in Amendment 11 to the 15, 2009 Squid, Mackerel, and Butterfish FMP, SUMMARY: This notice advises the public e. Bottomfish and review and adopt the Public that the Western Pacific Fishery i. Main Hawaiian Island Module Hearing Document (PHD) and associated Management Council (Council) will ii. Northwestern Hawaiian Island draft Environmental Impact Statement convene meetings of the Hawaii Module (DEIS) for Amendment 11. Thursday, Archipelago Plan Team (PT), Advisory iii. Market/Economic Report April 16 - The Executive Committee will Panel (AP), and Regional Ecosystem iv. Administrative report review highlights of the Council Advisory Committee (REAC) in 8. Precious Corals Issues Coordination Committee meeting and Honolulu, Hawaii. a. State of Hawaii Black Coral review discussions and outcomes from DATES: The Hawaii Archipelago PT Research the Northeast Regional Coordinating meeting will be held Tuesday- b. National Marine Fisheries Service Council (NRCC) meeting. The Council Wednesday, April 14–15, 2009, the Pacific Island Fisheries Science Center will convene to receive an update on the Hawaii AP meeting will be held Gold Coral Research Marine Recreational Information Thursday, April 16, 2009, and the c. Corallium (Pink Coral) Issues Program (MRIP), receive an update on Hawaii REAC meeting will be held d. Review of Current and Proposed Amendments 17 and 18 to the South Friday, April 17, 2009. For the specific Management Measures Atlantic Fishery Management Council’s dates, times, and agendas for the 9. Other Business (SAFMC) Snapper Grouper FMP, meetings see SUPPLEMENTARY 10. Public Comments develop a Council position and provide INFORMATION. 11. Discussion and Recommendation comments to the SAFMC on proposed actions contained in Amendments 17 ADDRESSES: The meetings of the Hawaii Schedule and Agenda for the Hawaii and 18, receive Committee Reports and Archipelago PT, AP and REAC will be Archipelago Advisory Panel Meeting conduct any continuing and/or new held at the Council Office, 1164 Bishop 9:00 a.m. — 4:00 p.m. Thursday, April business. St. Suite 1400, Honolulu, Hawaii 96814. 16, 2009 Although non-emergency issues not FOR FURTHER INFORMATION CONTACT: 1. Welcome and Introduction of contained in this agenda may come Kitty M. Simonds, Executive Director; Members before the Council for discussion, these telephone: (808)522–8220. 2. Introduction to the Council and issues may not be the subject of formal SUPPLEMENTARY INFORMATION: Magnuson Stevens Act Council action during this meeting. 3. Status Report on 2008 Advisory Council action will be restricted to those Schedule and Agenda for Hawaii Panel Recommendations issues specifically listed in this notice Archipelagic Plan Team Meeting 4. Emerging Fishery Issues and any issues arising after publication 9:00 a.m. — 4:00 p.m. Tuesday, April 5. Community Marine Management of this notice that require emergency 14, 2009 a. Marine Education and Training action under Section 305(c) of the 1. Welcome and Introduction of Program Magnuson-Stevens Act, provided the Members b. Aha Moku Community public has been notified of the Council’s 2. Approval of Draft Agenda Consultation Process

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c. Recreational Fishing Data 7. Discussion and Recommendations FOR FURTHER INFORMATION CONTACT: Ms. Collection Options The order in which agenda items are Teresa A. Lawson, by telephone at 703– d. Status of State of Hawaii Fishing addressed may change. Public comment 602–2402, or by e-mail at Regulations Review periods will be provided throughout [email protected]. each agenda. The PT, AP and REAC will e. Report on State of Hawaii Protected SUPPLEMENTARY INFORMATION: DoD is Species Activities meet as late as necessary to complete soliciting information and feedback f. Allowing Commercial Harvest of scheduled business. from defense contractors, insurance Invasive Sardines/Herrings Special Accomodations industry representatives, and others, on g. Cooperative Research — Report on These meetings are physically DoD’s requirement to develop a Bottomfish Tagging Project comprehensive acquisition strategy for 6. Upcoming 145th Council Meeting accessible to people with disabilities. Requests for sign language Defense Base Act insurance that will Actions address the following provisions of a. Hawaii Offshore Handline Permits interpretation or other auxiliary aids should be directed to Kitty M. Simonds, Section 843 of the National Defense and Limited Entry Authorization Act for Fiscal Year 2009 b. Main Hawaiian Islands Bottomfish (808)522–8220 (voice) or (808)522–8226 (Pub. L. 110–417): Stock Assessment Review (fax), at least 5 days prior to the meeting c. Annual Catch Limits for Non- date. The Secretary of Defense shall adopt an Pelagic Species Authority: 16 U.S.C. 1801 et seq. acquisition strategy for insurance required by d. Small-scale Traditional Fisheries the Defense Base Act (42 U.S.C. 1651 et seq.) Dated: March 23, 2009. which minimizes the cost of such insurance 7. Other Business Tracey L. Thompson, to the Department of Defense and to defense 8. Public Comment contractors subject to such Act * * * The 9. Discussion and Action Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Secretary shall ensure that the acquisition strategy adopted * * * addresses the Schedule and Agenda for the Hawaii [FR Doc. E9–6737 Filed 3–25–09; 8:45 am] following criteria: (1) Minimize overhead Archipelagic Regional Ecosystem BILLING CODE 3510–22–S costs associated with obtaining such Advisory Committee Meeting insurance, such as direct or indirect costs for 9:00 a.m. — 4:00 p.m. Friday, April 17, contract management and contract 2009 DEPARTMENT OF DEFENSE administration. (2) Minimize costs for 1. Welcome and Introduction of coverage of such insurance consistent with realistic assumptions regarding the Members Defense Acquisition Regulations System likelihood of incurred claims by contractors 2. Approval of Draft Agenda of the Department. (3) Provide for a 3. Update on Federal Fisheries Defense Base Act Insurance correlation of premiums paid in relation to Management Actions Acquisition Strategy; Questions for claims incurred that is modeled on best a. Hawaii Offshore Handline Permits Industry and Other Interested Parties practices in government and industry for and Limited Entry similar kinds of insurance. (4) Provide for a b. FEP amendments on ACLs/ACTs/ AGENCY: Defense Acquisition low level of risk to the Department. (5) AMs Regulations System, Department of Provide for a competitive marketplace for c. Defining Small-scale traditional Defense (DoD). insurance required by the Defense Base Act to the maximum extent practicable. * * * In fishing ACTION: Request for public input. adopting the acquisition strategy * * * the d. Discussion and Recommendation Secretary shall consider such options SUMMARY: 4. Community Marine Management DoD is soliciting information (including entering into a single Defense Base Forum and feedback from defense contractors, Act insurance contract) as the Secretary a. Hawaii’s Living Seascape: A insurance industry representatives, and deems to best satisfy the (five Strategy For A Prosperous Future others, on DoD’s requirement to develop aforementioned) criteria * * * a comprehensive acquisition strategy for b. Report on Aha Kiole Final Report 1. Policy Options and Legislation Defense Base Act insurance that will c. Invasive Species address provisions of Section 843 of the Under current law and DoD i. Hawaii Invasive Species Council National Defense Authorization Act for regulations, generally contractors Strategy 2008–2013 Fiscal Year 2009. Responses must be performing work outside the United ii. Allowing Commercial Harvest of limited to no more than 20 pages. States are required to have Defense Base Invasive Sardines/Herrings DATES: Submit written comments to the Act (DBA) insurance to provide d. Discussion and Recommendation address shown below on or before April workers’ compensation benefits for 5. Coastal Ecosystems 3, 2009. employees, unless the requirement has a. Marine Education and Training ADDRESSES: You may submit comments been waived by the Department of Labor Program Priorities using any of the following methods. E- (DoL). To meet the requirement of b. Coastal America Program and mail is the preferred method. Section 843 of the National Defense Projects Æ E-mail: [email protected]. Authorization Act for Fiscal Year 2009, c. Report on the State’s Recreational Æ Fax: 703–602–7887. DoD is considering all options for its Renaissance Plan Æ Mail: Deputy Director, Defense acquisition strategy and welcomes d. Marine Recreational Information Procurement and Acquisition Policy comments highlighting the advantages Program Initiatives (Cost, Price, and Finance), ATTN: Ms. and disadvantages of any of a non- e. Habitat Initiatives Teresa Lawson, 3062 Defense Pentagon, exclusive set of options, which includes i. Habitat Assessment Improvement Washington, DC 20301–3062. but is not limited to: (1) A single-source Plan Æ Hand Delivery/Courier: Deputy contract awarded on a competitive basis ii. Refining Essential Fish Habitat Director, Defense Procurement and issued and administered by DoD; (2) a Designations in Hawaii Acquisition Policy (Cost, Price, and multiple-award contract awarded on a iii. Military Activities to Remove Finance), ATTN: Ms. Teresa Lawson, competitive basis issued and Mangroves Crystal Square 4, Suite 200A, 241 18th administered by DoD; (3) no change 6. Public Comments Street, Arlington, VA 22202–3402. (i.e., contractors are required to obtain

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appropriate DBA insurance on their based on source selection procedures and cons of contracted administration own); (4) Government self-insuring for considering price, technical, vs. ‘‘in-house’’ Government DBA losses while contracting to the management, and past performance administration? Please provide private sector for program criteria), would your insurance comments regarding the pros and cons administrative and claims processing; company be willing to bid on such a of contractors self-insuring either on an (5) Government self-insuring with DoD contract? Why or why not? For broker individual basis or by pooling of and DoL employees performing all respondents, do you believe one or more contractors. Recognizing that there are administrative and claims processing; insurance companies/brokers would be many variations of self-insurance, (6) a GSA schedules-type set of interested in bidding on a single source which do you believe are relevant for maximum rates, which may include contract? Why or why not? Please DoD to consider and why? awards based on geographic location of provide insight into whether one 3. Specific Questions for Brokers/ the work to be performed and/or based provider could handle all claims on the nature of the work to be associated with DoD’s DBA insurance Carriers performed, with competition for each requirements for contractor performance In addition to the questions above major contract (a vehicle structured overseas for U.S. citizens, foreign soliciting information from all similar to state-side workers nationals, and third country nationals. interested parties, DoD would compensation policies); (7) a pre- Finally, please provide insight into the appreciate additional responses from qualified list of DoD-approved DBA market implications of having only one interested brokers and carriers to the carriers and brokers/agents who meet a source for DBA insurance for all of DoD. following questions: predetermined set of criteria/ b. Multiple-Award DBA Contract. a. Experience. What is your qualifications to provide DBA insurance Please provide your recommendations experience in handling DBA insurance? from which contractors would be and rationale regarding the basis for For example, how many clients, years, required to obtain appropriate DBA dividing the multiple awards—by and geography of experience, payroll coverage; (8) contractors self-insuring geographic location, by type of work exposure, and premium volume either on an individual basis or by performed (e.g., basic logistics support, managed? pooling of contractors, including technical services, security, b. Competition. How do you suggest information on how a panel/pool construction), by military department or that Government ensure the broadest participant would avoid adverse defense agency, by war zone versus non- industry participation in establishing a selection; or (9) other alternative war-zone, by dollar value of payroll DBA insurance acquisition strategy recommendations not listed above. involved and/or dollar amount of given a limited pool of qualified carriers DoD would appreciate responses to contract, to ensure DoD meets the and broker/agents? the following questions pertinent to criteria outlined in the National Defense c. Broker/Agent Role. What is the role consideration of the various acquisition Authorization Act (minimizing direct of the insurance broker/agent in the options: and indirect overhead costs associated open-market DBA insurance a. Cost Drivers. What are the main with administering the program, procurement process? cost drivers of DoD’s DBA expense? minimizing insurance costs, etc.). Please d. Rating Approach. What is your How can those cost drivers be better consider the implications of pooling of rating approach in light of the controlled or mitigated? like risks (or unlike risks) to minimize underwriting and service complications b. Main Stakeholders. Identify the insurance costs to DoD. of insuring this long-tail catastrophic main stakeholders in DBA. How should c. Minimum Policy Amounts. Please liability? In the absence of adequate loss DoD (and DoL or others if applicable) provide your recommendations and history data to rate DBA coverage, what orchestrate communications and rationale considering the options is the rationale/rating methodology you involvement to ensure all stakeholder regarding minimum policy amounts of a apply? How do you measure a interests are represented? single provider or a multiple award contractor’s risk mitigation/loss c. Claims Management. How critical contract. If a multiple award contract reduction results to reward the best are claims management practices to were divided in part based on dollar performing contractors and minimize controlling ultimate DBA costs? value of payrolls/dollar value of costs to the Government? Drawing on the best practices of claims contracts, what is the maximum e. Data. Are you willing and able to management (whether currently applied threshold you would recommend be provide aggregate loss and development to DBA claims or not), what should be used as the basis for not having a information to include medical required to address claims promptly, minimum policy amount? Should DoD expenses, lost wages, reserves, adequate fairly, and efficiently to ensure good avoid dividing any multiple award medical care/evacuation/infrastructure service and care and proper treatment contract based on dollar value to expenses, administrative costs, and for workers serving those who serve our minimize the need for minimum policy other appropriate support services? Are country? amounts? Please keep in mind that DoD you willing to provide the rate of return d. Technical Exhibits. What claims aims to not discourage small businesses and amounts made on invested history or other information should DoD from performing overseas work for DoD insurance premiums? include in its technical exhibits to any and any minimum policy amounts f. Retrospective Plans. Regarding solicitation to enhance competition? might inhibit that competition. establishing a program with rates that d. No Change (Contractors procure change based on overall program loss 2. Additional Questions Regarding their own DBA coverage). If the current experience, what is your experience in Potential Policy Options approach is retained, how can it be structuring loss-sensitive rated DBA DoD would appreciate additional modified to be responsive to the five programs? Please provide suggestions specific responses to the following criteria outlined in Section 843 of the regarding the potential structures of questions citing pros and cons of the National Defense Authorization Act for such retrospective rating plans. various alternatives: Fiscal Year 2009? g. Term Length. Regarding the length a. Single Source DBA Contract. e. Self-Insurance. If DoD elected to of any contract term for any of the Regarding a potential single source directly self-insure contractor DBA policy options being considered, what contract (which would be awarded losses, what would be the relative pros term length of a contract would be

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reasonable (1, 3, or 5 years)? If more a. Current Practice. How do you Budget (OMB) provide interested than a one-year term, could acquire your DBA coverage today? Do Federal agencies and the public an early retrospective pricing be a reasonable you purchase insurance or are you an opportunity to comment on information approach based on the profit/loss ratio? approved self-insurer for this coverage? collection requests. OMB may amend or h. Subcontractors. Do you recommend b. Purchased Insurance. If you waive the requirement for public that subcontractors obtain their own purchase your DBA insurance, is it: (a) consultation to the extent that public individual policies, or do you Acquired through a stand-alone participation in the approval process recommend that the prime contractor insurance policy; (b) acquired through a would defeat the purpose of the purchase the insurance for all its multi-line insurance program with DBA information collection, violate State or subcontractors (at all tiers)? coverage separately priced; or (c) Federal law, or substantially interfere i. DBA Data. Please provide acquired through a multi-line insurance with any agency’s ability to perform its recommendations on how DoD can best program with DBA coverage not statutory obligations. The Director, collect, analyze, and act on relevant separately priced? Regulatory Information Management DBA data from various sources to c. Supplemental Coverage. Do you Services, Office of Management, optimize its understanding and tracking supplement the standard DBA coverage publishes that notice containing of DBA costs and trends and put DoD in for employees with medical assistance proposed information collection the most favorable negotiating position. or additional life or disability coverage? requests prior to submission of these j. Medical Care. Please provide data Do you do so: (a) For all DBA covered requests to OMB. Each proposed and analysis on the costs of finding employees; or (b) only for specific information collection, grouped by sources of adequate medical care for categories of employees? Are the office, contains the following: (1) Type countries where the standard of care is premiums for any such coverage: (a) of review requested, e.g., new, revision, insufficient. Paid for in full by the company; (b) paid extension, existing or reinstatement; (2) k. Contracting Entity. If DoD procures for in part by the company and in part Title; (3) Summary of the collection; (4) DBA coverage (vs. contractors by the employee; or (c) paid in full by Description of the need for, and procuring), should DoD be contracting the employee? proposed use of, the information; (5) with broker(s) or carrier(s) or some d. Subcontractors. Do you recommend Respondents and frequency of combination of the two? that subcontractors obtain their own collection; and (6) Reporting and/or l. Discounts. By including DBA individual policies, or do you Recordkeeping burden. OMB invites insurance with other insurance recommend that the prime contractor public comment. coverage, what type of discount is purchase the insurance for all its The Department of Education is typically obtained on DBA insurance? subcontractors (at all tiers)? especially interested in public comment e. Discounts. By including DBA m. Impact of Safety Record. How does addressing the following issues: (1) Is insurance with other insurance a contractor’s safety record affect this collection necessary to the proper coverage, what type of discount is insurance rates—does it have a functions of the Department; (2) will typically obtained on DBA insurance? significant impact? How much of a this information be processed and used f. Impact of Safety Record. How does in a timely manner; (3) is the estimate discount is normally offered for a good a contractor’s safety record affect safety record? of burden accurate; (4) how might the insurance rates—does it have a Department enhance the quality, utility, n. Maximum Mandated DBA Rates. significant impact? How much of a What is your position on DoD and clarity of the information to be discount is normally offered for a good collected; and (5) how might the mandating maximum DBA rates based safety record? upon job description (classification), Department minimize the burden of this geography (e.g., Iraq vs. Germany) and Michele P. Peterson, collection on the respondents, including loss experience? What would be your Editor, Defense Acquisition Regulations through the use of information response to having to file your proposed System. technology. rates with DoD for approval each year, [FR Doc. E9–6808 Filed 3–25–09; 8:45 am] Dated: March 20, 2009. based upon your own individual loss BILLING CODE 5001–08–P Angela C. Arrington, experience and trending? Director, Information Collections Clearance o. WHA Claims. Please provide the Division, Regulatory Information percent of DBA claims that are initially DEPARTMENT OF EDUCATION Management Services, Office of Management. believed to be War Hazard Act (WHA) Office of Postsecondary Education claims. Please provide the percent of Notice of Proposed Information initial WHA claims that are later Collection Requests Type of Review: New. determined by DoL not to be WHA Title: IEPS Fulbright-Hays Group AGENCY: claims. How long on average does it take Department of Education. Projects Abroad Customer Surveys. DoL to settle and reimburse the SUMMARY: The Director, Information Frequency: On Occasion. insurance carrier for WHA claims? Collection Clearance Division, Affected Public: Individuals or Typically, does DoL pay the entire WHA Regulatory Information Management household. claim amount the carrier submits—if Services, Office of Management, invites Reporting and Recordkeeping Hour not, what is the average percent? comments on the proposed information Burden: collection requests as required by the Responses: 1,629. 4. Specific Questions for DoD Paperwork Reduction Act of 1995. Burden Hours: 723. Contractors DATES: Interested persons are invited to Abstract: The purpose of this In addition to the questions in 1 and submit comments on or before May 26, evaluation is to assess the impact of the 2 above soliciting information from all 2009. Group Projects Abroad (GPA) program interested parties, DoD would SUPPLEMENTARY INFORMATION: Section in enhancing the foreign language appreciate additional responses from 3506 of the Paperwork Reduction Act of capacity of the United States. Three DoD contractors to the following 1995 (44 U.S.C. Chapter 35) requires surveys will be conducted: A survey of questions: that the Office of Management and the GPA Project Directors; a survey of

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2002–2007 GPA alumni; and a survey of DEPARTMENT OF ENERGY to serve a copy of that document on 2008 alumni. Results from the three each person in the official service list surveys will inform the writing of a final Federal Energy Regulatory for the project. Further, if an intervenor report determining the impact of the Commission files comments or documents with the GPA program. [Project No. 2611–068] Commission relating to the merits of an issue that may affect the responsibilities Requests for copies of the proposed of a particular resource agency, they information collection request may be Madison Paper Industries; Hydro Kennebec Limited Partnership; Notice must also serve a copy of the documents accessed from http://edicsweb.ed.gov, of Application for Transfer of License, on that resource agency. by selecting the ‘‘Browse Pending and Soliciting Comments, Motions To j. Description of Application: The Collections’’ link and by clicking on Intervene, and Protests Applicants seek Commission approval link number 3993. When you access the to transfer the license for the Hydro information collection, click on March 19, 2009. Kennebec Project from Madison Paper ‘‘Download Attachments’’ to view. Take notice that the following Industries and Hydro Kennebec Limited Written requests for information should hydroelectric application has been filed Partnership to Madison Paper Industries be addressed to U.S. Department of with the Commission and is available only. Education, 400 Maryland Avenue, SW., for public inspection: k. This filing is available for review at LBJ, Washington, DC 20202–4537. a. Application Type: Transfer of the Commission in the Public Reference Requests may also be electronically License. Room or may be viewed on the mailed to [email protected] or faxed b. Project No.: 2611–068. Commission’s Web site at http:// to 202–401–0920. Please specify the c. Date Filed: February 26, 2009. www.ferc.gov using the ‘‘eLibrary’’ link. d. Applicants: Madison Paper complete title of the information Enter the docket number (P–2611) in the Industries and Hydro Kennebec Limited collection when making your request. docket number field to access the Partnership (transferors), and Madison document. For assistance, call toll-free Comments regarding burden and/or Paper Industries (transferee). 1–866–208–3676 or e-mail the collection activity requirements e. Name and Location of Project: The [email protected]. For TTY, should be electronically mailed to Hydro Kennebec Project is located in call (202) 502–8659. A copy is also [email protected]. Individuals who Kennebec and Somerset Counties, available for inspection and use a telecommunications device for the Maine, on the Kennebec River, a reproduction at the addresses in item g navigable waterway of the United deaf (TDD) may call the Federal above. States. Information Relay Service (FIRS) at 1– l. Individuals desiring to be included 800–877–8339. f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a–825r. on the Commission’s mailing list should [FR Doc. E9–6625 Filed 3–25–09; 8:45 am] g. Applicant Contacts: For the so indicate by writing to the Secretary BILLING CODE 4000–01–P transferor and transferee: Madison Paper of the Commission. Industries—Ms. Sarah A. Verville, m. Comments, Protests, or Motions To Pierce Atwood LLP, One Monument Intervene—Anyone may submit DEPARTMENT OF EDUCATION Square, Portland, ME 04101, (207) 791– comments, a protest, or a motion to 1100. intervene in accordance with the Submission for OMB Review; For the transferor: Hydro-Kennebec requirements of Rules of Practice and Comment Request Limited Partnership—Mr. Mel Jiganti, Procedure, 18 CFR 385.210, .211, .214. Esq., Hydro-Kennebec Limited In determining the appropriate action to AGENCY: Department of Education. Partnership, c/o Brookfield Renewable take, the Commission will consider all protests or other comments filed, but ACTION: Correction notice. Power, 290 Donald Lynch Boulevard, Marlborough, MA 01752, (508) 251– only those who file a motion to intervene in accordance with the SUMMARY: On March 20, 2009 the U.S. 7705. h. FERC Contact: Patricia W. Gillis at Commission’s Rules may become a Department of Education published a party to the proceeding. Any comments, comment period notice in the Federal (202) 502–8735. i. Deadline for Filing Comments, protests, or motions to intervene must Register (Page 11291, Column 3) for the Protests, and Motions to Intervene: April be received on or before the specified information collection, ‘‘ Feasibility and 20, 2009. comment date for the particular Conduct of an Impact Evaluation of All documents (original and eight application. Title I Supplemental Education copies) should be filed with: Kimberly n. Filing and Service of Responsive Services’’. This notice amends the D. Bose, Secretary, Federal Energy Documents—Any filings must bear in responses to 22,260 and the burden Regulatory Commission, 888 First all capital letters the title hours to 2,139. The IC Clearance Street, NE., Washington, DC 20426. ‘‘COMMENTS’’, ‘‘PROTEST’’, OR Official, Regulatory Information Comments, protests, and interventions ‘‘MOTION TO INTERVENE’’, as Management Services, Office of may be filed electronically via the applicable, and the Project Number of Management, hereby issues a correction Internet in lieu of paper. See 18 CFR the particular application to which the notice as required by the Paperwork 385.2001(a)(1)(iii) and the instructions filing refers. Any of the above-named Reduction Act of 1995. on the Commission’s Web site under the documents must be filed by providing the original and eight copies to: The Dated: March 23, 2009. ‘‘e-Filing’’ link. The Commission strongly encourages electronic filings. Secretary, Federal Energy Regulatory Angela C. Arrington, Please include the Project Number (P– Commission, 888 First Street, NE., IC Clearance Official, Regulatory Information 2611–068) on any comments or motions Washington, DC 20426. A copy of any Management Services, Office of Management. filed. motion to intervene must also be served [FR Doc. E9–6790 Filed 3–25–09; 8:45 am] The Commission’s Rules of Practice upon each representative of the BILLING CODE 4000–01–P and Procedure require all intervenors Applicants specified in the particular filing a document with the Commission application.

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o. Agency Comments—Federal, State, Richmond, VA 23219, telephone: (804) electronically should submit an original and local agencies are invited to file 771–4416, fax: (804) 771–4804. and 14 copies of the protest or comments on the described application. In Exhibit Z3 of Cove Point’s February intervention to the Federal Energy A copy of the application may be 4, 2009, application it included certain regulatory Commission, 888 First Street, obtained by agencies directly from the applicable proposed revisions to its NE., Washington, DC 20426. Applicants. If an agency does not file tariff. By this amendment, Cove Point Comment Date: April 3, 2009. comments within the time specified for has further revised certain proposed Kimberly D. Bose, filing comments, it will be presumed to tariff sheets and proposed further have no comments. One copy of an revisions to its tariff. Specifically, Cove Secretary. agency’s comments must also be sent to Point has revised proposed tariff sheet [FR Doc. E9–6695 Filed 3–25–09; 8:45 am] the Applicants’ representatives. Nos. 23A, 51, and 287; and added to its BILLING CODE 6717–01–P application proposed revisions to tariff Kimberly D. Bose, sheet Nos. 27 and 31. All other aspects Secretary. of Cove Point’s proposal remain the DEPARTMENT OF ENERGY [FR Doc. E9–6696 Filed 3–25–09; 8:45 am] same as filed on February 4, 2009. Federal Energy Regulatory BILLING CODE There are two ways to become involved in the Commission’s review of Commission this project.1 First, any person wishing Combined Notice of Filings #1 DEPARTMENT OF ENERGY to obtain legal status by becoming a party to the proceedings for this project March 19, 2009. Federal Energy Regulatory should, on or before the comment date Take notice that the Commission Commission stated below, file with the Federal received the following electric rate Energy Regulatory Commission, 888 filings: [Docket No. CP09–60–001] First Street, NE., Washington, DC 20426, Docket Numbers: ER07–1137–002. a motion to intervene in accordance Applicants: Lockhart Power Dominion Cove Point LNG, LP; Notice with the requirements of the of Amendment To Application Company. Commission’s Rules of Practice and Description: Supplement to Updated Procedure (18 CFR 385.214 or 385.211) March 19, 2009. Market Power Analysis for Market- and the Regulations under the NGA (18 Take notice that on March 5, 2009, Based Authority of Lockhart Power CFR 157.10). A person obtaining party Company. Dominion Cove Point LNG, LP (Cove status will be placed on the service list Point) with a principal place of business Filed Date: 03/18/2009. maintained by the Secretary of the Accession Number: 20090318–5073. at 120 Tredegar Street, Richmond, VA, Commission and will receive copies of filed with the Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time all documents filed by the applicant and on Wednesday, April 8, 2009. Commission an amendment to its by all other parties. A party must submit February 4, 2009 application under 14 copies of filings made in the Docket Numbers: ER08–844–002. section 3 of the Natural Gas Act. In this proceeding with the Commission and Applicants: Entergy Services, Inc. application, Cove Point is seeking must mail a copy to the applicant and Description: Entergy Mississippi, Inc. authorization to upgrade, modify, and to every other party. Only parties to the Submits an Amended Interconnection expand the existing offshore pier at proceeding can ask for court review of and Operating Agreement with TPS Cove Point’s LNG Terminal located in Commission orders in the proceeding. McAdams, LLC. Calvert County, Maryland. Cove Point However, a person does not have to Filed Date: 03/17/2009. says that these proposed facilities will intervene in order to have comments Accession Number: 20090318–0139. enable the safe docking, discharge and considered. The second way to Comment Date: 5 p.m. Eastern Time departure from the pier of next- participate is by filing with the on Tuesday, April 7, 2009. generation LNG vessels that are now Secretary of the Commission, as soon as Docket Numbers: ER08–1332–000; coming into service worldwide. possible, an original and two copies of ER06–169–000; ER08–1330–000; ER98– Cove Point’s amendment to its comments in support of or in opposition 3774–000. application is more fully set forth in the to this project. The Commission will Applicants: Choctaw Gas Generation, March 5, 2009, filing which is on file consider these comments in LLC; SUEZ Energy Marketing NA, Inc.; with the Commission and open to determining the appropriate action to be Hot Spring Power Company, LLC; public inspection. The filing is available taken, but the filing of a comment alone Choctaw Generation LP. for review at the Commission in the will not serve to make the filer a party Description: Amendment to Updated Public Reference Room or may be to the proceeding. The Commission’s Market Power Analysis of Choctaw Gas viewed on the Commission’s Web site at rules require that persons filing Generation, LLC. http://www.ferc.gov using the comments in opposition to the project Filed Date: 03/18/2009. ‘‘eLibrary’’ link. Enter the docket provide copies of their protests only to Accession Number: 20090318–5117. number excluding the last three digits in the party or parties directly involved in Comment Date: 5 p.m. Eastern Time the docket number field to access the the protest. on Wednesday, April 8, 2009. document, but include 001 in the sub The Commission strongly encourages Docket Numbers: ER09–552–002. docket list. For assistance, contact FERC electronic filings of comments, protests Applicants: Goldfinch Capital at FERCOnline [email protected] or call and interventions in lieu of paper using Management, LP. toll-free, (886) 208–3676 or TYY, (202) the ‘‘eFiling’’ link at http:// Description: Goldfinch Capital 502–8659. www.ferc.gov. Persons unable to file Management, LP Submits Petition for Any questions regarding this Acceptance of Initial Tariff and Waivers Application should be directed to 1 Persons who have already filed motions to and Request Acceptance of FERC Amanda K. Prestage, Regulatory and intervene or commented on this application need not file anything again unless they seek to comment Electric Tariff, Original Volume 1 etc. Certificates Analyst II, Dominion on the specific revisions to the application Filed Date: 03/17/2009. Transmission, Inc., 701 East Cary Street, proposed in this amendment. Accession Number: 20090318–0140.

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Comment Date: 5 p.m. Eastern Time Filed Date: 03/18/2009. of the intervention or protest to the on Tuesday, April 7, 2009. Accession Number: 20090319–0205. Federal Energy Regulatory Commission, Docket Numbers: ER09–582–001. Comment Date: 5 p.m. Eastern Time 888 First St. NE., Washington, DC Applicants: American Electric Power on Wednesday, April 8, 2009. 20426. Service Corporation. Docket Numbers: ER09–861–000. The filings in the above proceedings Description: American Electric Power Applicants: Midwest Independent are accessible in the Commission’s Service Corp. on behalf of AEP Transmission System Operator, Inc. eLibrary system by clicking on the Operating Companies Submits an Description: Midwest Independent appropriate link in the above list. They Amendment to the Eleventh Revised Transmission System Operator, Inc. are also available for review in the Repair and Maintenance Agreement Submits First Revised Sheet 3706, Commission’s Public Reference Room in under ER09–582. Supersedes Original Sheet 3706 to FERC Washington, DC. There is an Filed Date: 03/18/2009. Electric Tariff, Fourth Revised Volume eSubscription link on the Web site that Accession Number: 20090319–0201. 1. enables subscribers to receive e-mail Comment Date: 5 p.m. Eastern Time Filed Date: 03/18/2009. notification when a document is added on Wednesday, April 8, 2009. Accession Number: 20090319–0206. to a subscribed dockets(s). For Docket Numbers: ER09–683–001. Comment Date: 5 p.m. Eastern Time assistance with any FERC Online Applicants: Alex Energy, LLC. on Wednesday, April 8, 2009. service, please e-mail Description: Alex Energy, LLC Docket Numbers: ER09–862–000. [email protected] or call Submits its Application for a Finding of Applicants: Midwest Independent (866) 208–3676 (toll free). For TTY, call Category 1 Seller States with Respect to Transmission System Operator, Inc. (202) 502–8659. the Southeast Region Filed on 2/11/09 Description: Midwest Independent Nathaniel J. Davis, Sr., Transmission System Operator, Inc. and Submits a Revised Market-Based Deputy Secretary. Rate Tariff. Submits First Revised Sheet 3730, Supersedes Original Sheet 3730 to FERC [FR Doc. E9–6707 Filed 3–25–09; 8:45 am] Filed Date: 03/17/2009. BILLING CODE 6717–01–P Accession Number: 20090318–0141. Electric Tariff, Fourth Revised Volume Comment Date: 5 p.m. Eastern Time 1. Filed Date: 03/18/2009. on Tuesday, April 7, 2009. DEPARTMENT OF ENERGY Accession Number: 20090319–0204. Docket Numbers: ER09–836–001. Comment Date: 5 p.m. Eastern Time Applicants: New York Independent Federal Energy Regulatory on Wednesday, April 8, 2009. System Operator, Inc. Commission Description: New York Independent Any person desiring to intervene or to System Operator, Inc. Submits Sixth protest in any of the above proceedings Combined Notice of Filings Revised Sheet 486 which Superseding must file in accordance with Rules 211 and 214 of the Commission’s Rules of March 19, 2009. Fifth Revised Sheet 486 to FERC Electric Take notice that the Commission has Tariff, Original Volume 2 Attachment J Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern received the following Natural Gas under ER09–836. Pipeline Rate and Refund Report filings: Filed Date: 03/18/2009. time on the specified comment date. It Docket Numbers: RP96–320–102. Accession Number: 20090319–0203. is not necessary to separately intervene Applicants: Gulf South Pipeline Comment Date: 5 p.m. Eastern Time again in a subdocket related to a Company, LP. on Wednesday, April 8, 2009. compliance filing if you have previously intervened in the same docket. Protests Description: Gulf South Pipeline Docket Numbers: ER09–857–000. will be considered by the Commission Company, LP submits negotiated rate Applicants: Nevada Power Company. in determining the appropriate action to letter agreement executed by Gulf South Description: NV Energy, Inc. Submits be taken, but will not serve to make and City of Vicksburg. Notice of Cancellation of Nevada Power protestants parties to the proceeding. Filed Date: 03/12/2009. Company Electric Rate Schedule No 24. Anyone filing a motion to intervene or Accession Number: 20090313–0134. Filed Date: 03/17/2009. protest must serve a copy of that Comment Date: 5 p.m. Eastern Time Accession Number: 20090318–0135. document on the Applicant. In reference on Tuesday, March 24, 2009. Comment Date: 5 p.m. Eastern Time to filings initiating a new proceeding, Docket Numbers: RP09–340–002. on Tuesday, April 7, 2009. interventions or protests submitted on Applicants: Columbia Gas Docket Numbers: ER09–858–000. or before the comment deadline need Transmission, LLC. Applicants: Cheyenne Light Fuel & not be served on persons other than the Description: Columbia Gas Power Company. Applicant. Transmission, LLC submits First Description: Cheyenne Light, Fuel and The Commission encourages Revised Sheet 3 et al. to its FERC Gas Power Company submits Original Sheet electronic submission of protests and Tariff, Third Revised Volume 1, to be 1 et al. to FERC Electric Tariff, Original interventions in lieu of paper, using the effective 4/13/09. Volume 1, Open Access Transmission FERC Online links at http:// Filed Date: 03/13/2009. Tariff, Effective 3/18/09. www.ferc.gov. To facilitate electronic Accession Number: 20090316–0226. Filed Date: 03/17/2009. service, persons with Internet access Comment Date: 5 p.m. Eastern Time Accession Number: 20090318–0144. who will eFile a document and/or be on Wednesday, March 25, 2009. Comment Date: 5 p.m. Eastern Time listed as a contact for an intervenor Docket Numbers: RP09–373–001. on Tuesday, April 7, 2009. must create and validate an Applicants: Freebird Gas Storage, Docket Numbers: ER09–860–000. eRegistration account using the LLC. Applicants: Southern California eRegistration link. Select the eFiling Description: Freebird Gas Storage, Edison Company. link to log on and submit the LLC submits Substitute First Revised Description: Southern California intervention or protests. Sheet 119 et al. to FERC Gas Tariff, First Edison Company Submits a Letter Persons unable to file electronically Revised Volume 1, to be effective 3/20/ Agreement with City of Victorville. should submit an original and 14 copies 09.

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Filed Date: 03/10/2009. Filed Date: 03/17/2009. The filings in the above proceedings Accession Number: 20090311–0054. Accession Number: 20090318–0138. are accessible in the Commission’s Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time eLibrary system by clicking on the on Monday, March 23, 2009. on Monday, March 30, 2009. appropriate link in the above list. They Docket Numbers: RP09–373–002. Docket Numbers: RP09–457–000. are also available for review in the Applicants: Freebird Gas Storage, Applicants: Kern River Gas Commission’s Public Reference Room in LLC. Transmission Company. Washington, DC. There is an Description: Freebird Gas Storage, Description: Kern River Gas eSubscription link on the Web site that LLC submits its FERC Gas Tariff, First Transmission Company submits enables subscribers to receive e-mail Revised Volume 1 an Original Sheet Contract 1617 a Rate Schedule KRF–1 notification when a document is added 120A, to be effective 3/20/09. transportation service agreement for to a subscribed dockets(s). For Filed Date: 03/13/2009. backhaul service with Nevada Power assistance with any FERC Online Accession Number: 20090316–0225. Company, to be effective 6/1/09. service, please e-mail Comment Date: 5 p.m. Eastern Time Filed Date: 03/17/2009. [email protected]. or call on Wednesday, March 25, 2009. Accession Number: 20090318–0147. (866) 208–3676 (toll free). For TTY, call Docket Numbers: RP09–452–000. Comment Date: 5 p.m. Eastern Time (202) 502–8659. on Monday, March 30, 2009. Applicants: National Fuel Gas Supply Nathaniel J. Davis, Sr., Docket Numbers: RP09–458–000. Corporation. Deputy Secretary. Description: National Fuel Gas Supply Applicants: El Paso Natural Gas Company. [FR Doc. E9–6708 Filed 3–25–09; 8:45 am] Corporation submits a Petition of BILLING CODE 6717–01–P NFGSC for Waiver of Tariff Provision Description: Request for Waiver of El and Request for Shortened Notice Paso Natural Gas Company. Filed Date: 03/17/2009. Period. DEPARTMENT OF ENERGY Filed Date: 03/16/2009. Accession Number: 20090317–5116. Accession Number: 20090316–0235. Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time on Monday, March 30, 2009. Commission on Monday, March 23, 2009. Any person desiring to intervene or to Docket Numbers: RP09–453–000. protest in any of the above proceedings [Docket No. ER09–768–000] Applicants: Columbia Gas must file in accordance with Rules 211 Transmission Corporation. and 214 of the Commission’s Rules of Saranac Power Partners, LP; Notice of Description: Columbia Gas Practice and Procedure (18 CFR 385.211 Filing Transmission, LLC submits Second and 385.214) on or before 5 p.m. Eastern March 19, 2009. Revised Sheet 1587 et al. to its FERC time on the specified comment date. It Gas Tariff, Original Volume No 2. is not necessary to separately intervene Take notice that, on March 16, 2009, Filed Date: 03/16/2009. again in a subdocket related to a Saranac Power Partners, LP filed to Accession Number: 20090317–0257. compliance filing if you have previously amend, its filing in the above-captioned Comment Date: 5 p.m. Eastern Time intervened in the same docket. Protests docket with information required under on Monday, March 30, 2009. will be considered by the Commission the Commission’s regulations. Such in determining the appropriate action to filing served to reset the filing date in Docket Numbers: RP09–454–000. be taken, but will not serve to make this proceeding. Applicants: KO Transmission protestants parties to the proceeding. Any person desiring to intervene or to Company. Anyone filing a motion to intervene or protest this filing must file in Description: KO Transmission protest must serve a copy of that accordance with Rules 211 and 214 of Company submits updated Second document on the Applicant. In reference the Commission’s Rules of Practice and Revised Sheet 32 et al. to FERC Gas to filings initiating a new proceeding, Procedure (18 CFR 385.211, 385.214). Tariff, Original Volume 1. interventions or protests submitted on Protests will be considered by the Filed Date: 03/16/2009. or before the comment deadline need Commission in determining the Accession Number: 20090317–0258. not be served on persons other than the appropriate action to be taken, but will Comment Date: 5 p.m. Eastern Time Applicant. not serve to make protestants parties to on Monday, March 30, 2009. The Commission encourages the proceeding. Any person wishing to Docket Numbers: RP09–455–000. electronic submission of protests and become a party must file a notice of Applicants: Northern Natural Gas interventions in lieu of paper, using the intervention or motion to intervene, as Company. FERC Online links at http:// appropriate. Such notices, motions, or Description: Northern Natural Gas www.ferc.gov. To facilitate electronic protests must be filed on or before the Company submits Sixth Revised Sheet service, persons with Internet access comment date. Anyone filing a motion No 257 et al. to FERC Gas Tariff, Fifth who will eFile a document and/or be to intervene or protest must serve a copy Revised Volume No 1. listed as a contact for an intervenor of that document on the Applicant and Filed Date: 03/17/2009. must create and validate an all the parties in this proceeding. Accession Number: 20090318–0137. eRegistration account using the The Commission encourages Comment Date: 5 p.m. Eastern Time eRegistration link. Select the eFiling electronic submission of protests and on Monday, March 30, 2009. link to log on and submit the interventions in lieu of paper using the Docket Numbers: RP09–456–000. intervention or protests. ‘‘eFiling’’ link at http://www.ferc.gov. Applicants: Steckman Ridge, LP. Persons unable to file electronically Persons unable to file electronically Description: Steckman Ridge, LP should submit an original and 14 copies should submit an original and 14 copies submits executed service agreement of the intervention or protest to the of the protest or intervention to the containing deviations from the form of Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, service agreement under Rate Schedule 888 First St. NE., Washington, DC 888 First Street, NE., Washington, DC FSS. 20426. 20426.

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This filing is accessible on-line at FOR FURTHER INFORMATION CONTACT: required to respond to, a collection of http://www.ferc.gov, using the Donna Blanding, Environmental information, unless it displays a ‘‘eLibrary’’ link and is available for Protection Agency, Office of Acquisition currently valid OMB control number. review in the Commission’s Public Management, Mail Code 3802R, 1200 The OMB control numbers for EPA’s Reference Room in Washington, DC. Pennsylvania Ave., NW., Washington, regulations in title 40 of the CFR, after There is an ‘‘eSubscription’’ link on the DC 20460; (202) 564–1130; fax number: appearing in the Federal Register when Web site that enables subscribers to (202) 565–2475; e-mail address: approved, are listed in 40 CFR part 9, receive e-mail notification when a [email protected]. are displayed either by publication in document is added to a subscribed SUPPLEMENTARY INFORMATION: EPA has the Federal Register or by other docket(s). For assistance with any FERC submitted the following ICR to OMB for appropriate means, such as on the Online service, please e-mail review and approval according to related collection instrument or form, if [email protected], or call procedures prescribed in 5 CFR 1320.12. applicable. The display of OMB control (866) 208–3676 (toll free). For TTY, call On November 13, 2008 (73 FR 67152), numbers in certain EPA regulations is (202) 502–8659. EPA sought comments on this ICR consolidated in 40 CFR part 9. Comment Date: 5 p.m. Eastern Time Abstract: Agency contractors who on April 6, 2009. pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional have cost reimbursable, time and Kimberly D. Bose, comments on this ICR should be material, labor hour, or indefinite Secretary. submitted to EPA and OMB within 30 delivery/indefinite quantity fixed rate [FR Doc. E9–6697 Filed 3–25–09; 8:45 am] days of this notice. contracts will report the technical and financial progress of the contract on a BILLING CODE EPA has established a public docket for this ICR under Docket ID number monthly basis. EPA will use this EPA–HQ–OARM–2008–0825, which is information to monitor the contractors’ progress under the contract. Responses ENVIRONMENTAL PROTECTION available for public viewing at http:// to the information collection are AGENCY www.regulations.gov, or in person viewing at the EPA Docket Center (EPA/ mandatory for contractors, and are [EPA–HQ–OARM–2008–0825, FRL–8786–4] DC), EPA West, Room 3334, 1301 required for the contractors to receive Constitution Ave., NW., Washington, monthly payments. Information Agency Information Collection submitted is protected from public Activities; Submission to OMB for DC. The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., release in accordance with the Agency’s Review and Approval; Comment confidentiality regulations, 40 CFR Request; Monthly Project Reports Monday through Friday, excluding legal holidays. The telephone number for the 2.201 et seq. (Renewal), EPA ICR Number 1039.12, Burden Statement: The annual public OMB Control Number 2030–0005 Reading Room is (202) 566–1744, and the telephone number for the Office of reporting and recordkeeping burden for AGENCY: Environmental Protection Environmental Information Docket is this collection of information is Agency (EPA). (202) 566–1752. estimated to average 27 hours per ACTION: Notice. Use EPA’s electronic docket and response. Burden means the total time, comment system at http:// effort, or financial resources expended SUMMARY: In compliance with the www.regulations.gov, to submit or view by persons to generate, maintain, retain, Paperwork Reduction Act (44 U.S.C. public comments, access the index or disclose or provide information to or 3501 et seq.), this document announces listing of the contents of the docket, and for a Federal agency. This includes the that an Information Collection Request to access those documents in the docket time needed to review instructions; (ICR) has been forwarded to the Office that are available electronically. Once in develop, acquire, install, and utilize of Management and Budget (OMB) for the system, select ‘‘docket search,’’ then technology and systems for the purposes review and approval. This is a request key in the docket ID number identified of collecting, validating, and verifying to renew an existing approved above. Please note that EPA’s policy is information, processing and collection. This ICR, which is abstracted that public comments, whether maintaining information, and disclosing below, describes the nature of the submitted electronically or in paper, and providing information; adjust the information collection and its estimated will be made available for public existing ways to comply with any burden and cost. viewing at http://www.regulations.gov previously applicable instructions and DATES: Additional comments must be as EPA receives them and without requirements; train personnel to be able submitted on or before April 27, 2009. change, unless the comment contains to respond to a collection of ADDRESSES: Submit your comments, copyrighted material, confidential information; search data sources; referencing docket ID number EPA–HQ– business information (CBI), or other complete and review the collection of OARM–2008–0825, to (1) EPA online information whose public disclosure is information; and transmit or otherwise using http://www.regulations.gov (our restricted by statute. For further disclose the information. preferred method), by e-mail to information about the electronic docket, Respondents/Affected Entities: The [email protected], or by mail to: EPA go to http://www.regulations.gov. majority of respondents fall into one of Docket Center, Environmental Titles: Monthly Progress Reports the following NAICS codes: 511210 for Protection Agency, Office of (Renewal). prepackaged computer software, 541511 Environmental Information Docket, Mail ICR numbers: EPA ICR No. 1039.12, for computer processing services, 54170 Code 28221T, 1200 Pennsylvania Ave., OMB Control No. 2030–0005. for computer-related services, and NW., Washington, DC 20460, and (2) ICR Status: This ICR is scheduled to 541620 for environmental consulting OMB by mail to: Office of Information expire on April 30, 2009. Under OMB services. and Regulatory Affairs, Office of regulations, the Agency may continue to Estimated Number of Respondents: Management and Budget (OMB), conduct or sponsor the collection of 203. Attention: Desk Officer for EPA, 725 information while this submission is Frequency of Response: Monthly. 17th Street, NW., Washington, DC pending at OMB. An Agency may not Estimated Total Annual Hour Burden: 20503. conduct or sponsor, and a person is not 65,772.

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Estimated Total Annual Cost: to 5:30 p.m. on April 15, 2009; and from available in hard copy, at the OPPT $4,953,362.40, which includes $0 8 a.m. to 12:30 p.m. on April 16, 2009. Docket. The OPPT Docket is located in annual capital/startup costs, $29,232 ADDRESSES: The meeting will be held at the EPA Docket Center (EPA/DC) at Rm. annual O&M costs, and $4,924,130.40 the Hilton Old Town Alexandria, 1767 3334, EPA West Bldg., 1301 annual labor costs. King Street, Alexandria, VA. Constitution Ave., NW., Washington, Changes in the Estimates: There is a DC. The EPA/DC Public Reading Room FOR FURTHER INFORMATION CONTACT: Paul decrease of 56,196 hours in the total hours of operation are 8:30 a.m. to 4:30 S. Tobin, Designated Federal Officer estimated burden currently identified in p.m., Monday through Friday, excluding (DFO), Risk Assessment Division the OMB Inventory of Approved ICR Federal holidays. The telephone number (7403M), Office of Pollution Prevention Burdens. Collection activity hours have of the EPA/DC Public Reading Room is and Toxics, 1200 Pennsylvania Ave., decreased since the last clearance due (202) 566–1744, and the telephone NW., Washington, DC 20460–0001; mainly to improved tracking software number for the OPPT Docket is (202) telephone number: (202) 564–8557; e- and increasing familiarity with EPA 566–0280. Docket visitors are required mail address:[email protected]. reporting requirements. To request accommodation of a to show photographic identification, Dated: March 18, 2009. disability, please contact the DFO pass through a metal detector, and sign the EPA visitor log. All visitor bags are John Moses, preferably at least 10 days prior to the processed through an X-ray machine Director, Collection Strategies Division. meeting, to give EPA as much time as possible to process your request. and subject to search. Visitors will be [FR Doc. E9–6670 Filed 3–25–09; 8:45 am] provided an EPA/DC badge that must be SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P visible at all times in the building and I. General Information returned upon departure. ENVIRONMENTAL PROTECTION A. Does this Action Apply to Me? 2. Electronic access. You may access AGENCY this Federal Register document This action is directed to the public electronically through the EPA Internet [EPA–HQ–OPPT–2009–0096; FRL–8406–1] in general. This action may be of under the ‘‘Federal Register’’ listings particular interest to anyone who may athttp://www.epa.gov/fedrgstr. National Advisory Committee for Acute be affected if the AEGL values are Exposure Guideline Levels for adopted by government agencies for II. Meeting Procedures Hazardous Substances; Notice of emergency planning, prevention, or For additional information on the Public Meeting response programs, such as EPA’s Risk scheduled meeting, the agenda of the Management Program under the Clean AGENCY: NAC/AEGL Committee, or the Environmental Protection Air Act and Amendments Section 112r. submission of information on chemicals Agency (EPA). It is possible that other Federal agencies to be discussed at the meeting, contact ACTION: Notice. besides EPA, as well as State agencies the DFO. and private organizations, may adopt SUMMARY: A meeting of the National the AEGL values for their programs. As The meeting of the NAC/AEGL Advisory Committee for Acute Exposure such, the Agency has not attempted to Committee will be open to the public. Guideline Levels for Hazardous describe all the specific entities that Oral presentations or statements by Substances (NAC/AEGL Committee) may be affected by this action. If you interested parties will be limited to 10 will be held on April 14–16, 2009, in have any questions regarding the minutes. Interested parties are Alexandria, VA. At this meeting, the applicability of this action to a encouraged to contact the DFO to NAC/AEGL Committee will address, as particular entity, consult the person schedule presentations before the NAC/ time permits, the various aspects of the listed under FOR FURTHER INFORMATION AEGL Committee. Since seating for acute toxicity and the development of CONTACT. outside observers may be limited, those Acute Exposure Guideline Levels wishing to attend the meeting as (AEGLs) for the following chemicals: B. How Can I Get Copies of this observers are also encouraged to contact Acrylonitrile, aldicarb, arsenic Document and Other Related the DFO at the earliest possible date to pentoxide, arsenic trichloride, calcium Information? ensure adequate seating arrangements. cyanide, carbofuran, diacetylmorphine, 1. Docket. EPA has established a Inquiries regarding oral presentations fluoroacetate salts, methomyl, methyl docket for this action under docket and the submission of written fluoroacetate, methyl iodide, identification (ID) number EPA–HQ– statements or chemical-specific methoxyethylmercuric acetate, OPPT–2009–0096. All documents in the information should be directed to the monofluoroacetic acid, oxamyl, docket are listed in the docket index DFO. paraquat, perchloryl fluoride, available at http://www.regulations.gov. III. Future Meetings perfluoroisobutylene, phencyclidine, Although listed in the index, some phosgene, phosgene oxime, potassium information is not publicly available, Another meeting of the NAC/AEGL cyanide, sodium cyanide, sodium e.g., Confidential Business Information Committee is scheduled forSeptember fluoroacetate, tellurium hexafluoride, (CBI) or other information whose 9–11, 2009. Chemicals currently being tetraethylpyrophosphate, disclosure is restricted by statute. considered for AEGL development at tetramethylenedisulfotetramine, 1,1,1- Certain other material, such as this meeting include the following: trichloroethylene, and tungsten copyrighted material, will be publicly Cadmium, dichlorvos, dicrotophos, hexafluoride. available only in hard copy. Publicly dimethyl phosphite, fenamiphos, lead, DATES: A meeting of the NAC/AEGL available docket materials are available methamidophos, mevinphos, Committee will be held from 10 a.m. to electronically at http:// monocrotophos, phosphamidon, red 5 p.m. on April 14, 2009; from 8:30 a.m. www.regulations.gov, or, if only phosphorus, and trimethylphosphite.

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List of Subjects [email protected] or (702) 784– 2008 (73 FR 16679–16680). Additional Environmental protection, Chemicals, 8004. information about this consultative Hazardous substances, Health. SUPPLEMENTARY INFORMATION: Pursuant activity including a meeting agenda will to the Federal Advisory Committee Act, be posted on the SAB Web site prior to Dated: March 20, 2009. Public Law 92–463, notice is hereby the meeting at http://www.epa.gov/sab. Barbara Cunningham, given that the Augmented SAB HSAC Availability of Meeting Materials: The Acting Director, Office of Pollution Prevention will hold a public face-to-face meeting agenda and other meeting materials will and Toxics. to discuss their comments on the draft be available on the SAB Web site at [FR Doc. E9–6761 Filed 3–25–09; 8:45 am] BA–TAD. The SAB was established by http://www.epa.gov/sab in advance of BILLING CODE 6560–50–S 42 U.S.C. 4365 to provide independent the meeting. scientific and technical advice to the Administrator on the technical basis for Procedures for Providing Public Input: ENVIRONMENTAL PROTECTION Agency positions and regulations. The Interested members of the public may AGENCY SAB is a Federal Advisory Committee submit relevant written or oral information for the SAB HSAC to [FRL–8786–9] chartered under the Federal Advisory Committee Act (FACA), as amended, 5 consider during the advisory process. Science Advisory Board Staff Office, U.S.C., App. The SAB will comply with Oral Statements: In general, individuals Notification of an Upcoming Meeting of the provisions of FACA and all or groups requesting an oral the Science Advisory Board Homeland appropriate SAB Staff Office procedural presentation at a public face-to-face Security Advisory Committee (HSAC) policies. The SAB HSAC provides meeting will be limited to three minutes scientific and technical advice to the per speaker, with no more than a total AGENCY: Environmental Protection EPA Administrator through the of one hour for all speakers. Each person Agency (EPA). chartered SAB on scientific matters making an oral statement should ACTION: Notice. pertaining to EPA’s mission in consider providing written comments as SUMMARY: The Environmental Protection protecting against the environmental well as their oral statement so that the Agency (EPA or Agency) Science and health consequences of terrorism. points presented orally can be expanded Advisory Board (SAB) Staff Office Background: In response to the 2001 upon in writing. Interested parties announces a public face-to-face meeting Bacillus anthracis incidents in should contact Edward Hanlon, DFO, in of the SAB Homeland Security Advisory Washington, the Weapons of Mass writing (preferably via e-mail) at the Committee (HSAC). HSAC has been Destruction (WMD) Subcommittee of contact information noted above, by the Science and Technology (S&T) augmented with additional members to April 7, 2009 to be placed on the list of Committee of the EPA-chaired National provide consultative comment on a draft public speakers for the meeting. Written Response Team (NRT) developed an Environmental Response Technical Statements: Written statements should Assistance Document for Bacillus interim-final draft Technical Assistance Document (TAD) in 2003 for responses be received in the SAB Staff Office by anthracis Intentional Releases (BA– April 7, 2009 so that the information TAD). to an actual or suspected terrorist release of Bacillus anthracis. In July may be made available to the Committee DATES: The meeting will be held on 2005, the NRT slightly revised the members for their consideration. April 21, 2009 from 8:30 a.m. to 5 p.m. interim-final draft TAD. EPA, as chair, Written statements should be supplied (Eastern Daylight Time) and April 22, works closely with seventeen other to the DFO in the following formats: 2009 from 8:30 a.m. to 12 p.m. (Eastern Federal agencies on the NRT. The NRT One hard copy with original signature, Daylight Time). is developing the BA–TAD by revising and one electronic copy via e-mail ADDRESSES: The Committee meeting and updating the 2005 interim-final (acceptable file format: Adobe Acrobat will be held at the SAB Conference draft TAD, and requested that OSWER PDF, WordPerfect, MS Word, MS Center, located at 1025 F Street, NW., seek consultative advice from the SAB PowerPoint, or Rich Text files in IBM– Room 3705, Washington, DC 20004. HSAC on their development of the BA– PC/Windows 98/2000/XP format). FOR FURTHER INFORMATION CONTACT: TAD. The Augmented HSAC will Submitters are requested to provide Members of the public who wish to conduct the consultation. The primary versions of each document submitted obtain additional information regarding purpose of this upcoming meeting is for with and without signatures, because this meeting may contact Mr. Edward the Augmented HSAC to provide advice the SAB Staff Office does not publish Hanlon, Designated Federal Officer on whether the technical plans to documents with signatures on its Web (DFO), EPA Science Advisory Board prepare the BA–TAD are properly sites. (1400F), U.S. Environmental Protection directed, and if there are any items, Agency, 1200 Pennsylvania Avenue, issues or practical applications that Accessibility: For information on NW.,Washington, DC 20460; telephone/ have not been considered that ought to access or services for individuals with voice mail: (202) 343–9946; fax (202) be included. disabilities, please contact Edward 233–0643; or via e-mail at The SAB HSAC held a teleconference Hanlon at the phone number or e-mail [email protected]. General on October 15, 2008 and was briefed by address noted above, preferably at least information about the EPA SAB, as well the EPA and its partners on its progress ten days prior to the public face-to-face as any updates concerning the meeting in developing the draft BA–TAD. A meeting to give EPA as much time as announced in this notice, may be found Federal Register Notice dated possible to process your request. on the SAB Web site at http:// September 29, 2008 (73 FR 56578– Dated: March 18, 2009. www.epa.gov/sab. Any inquiry 56579) announced this teleconference Anthony F. Maciorowski, regarding EPA’s BA–TAD should be and provided background information directed to Captain Colleen Petullo, U.S. on this advisory activity. Information on Deputy Director, EPA Science Advisory Board Public Health Service, on detail to the process of augmenting the expertise Staff Office. EPA’s Office of Solid Waste and on the SAB HSAC was provided in a [FR Doc. E9–6762 Filed 3–25–09; 8:45 am] Emergency Response (OSWER), at Federal Register Notice dated March 28, BILLING CODE

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FEDERAL COMMUNICATIONS Type of Review: Extension of a efficient and equitable distribution of COMMISSION currently approved collection. service pursuant to section 307(b) of the Respondents: Business or other for- Communications Act, and an agreement Notice of Public Information profit entities; Not-for-profit is made to procure the withdrawal (by Collection(s) Being Reviewed by the institutions. amendment to specify a different Federal Communications Commission Number of Respondents/Response: 38 community or by dismissal pursuant to for Extension Under Delegated respondents; 40 responses. 73.3568) of the only application or Authority, Comments Requested Estimated Time per Response: 15 applications seeking the same facilities minutes to 1 hour. for one of the communities involved, all March 20, 2009. Frequency of Response: On occasion parties thereto shall file the joint request SUMMARY: As part of its continuing effort reporting requirement; Third party and affidavits specified in paragraph (a) to reduce paperwork burden and as disclosure requirement. of this section. required by the Paperwork Reduction Obligation to Respond: Required to (1) If upon examination of the Act (PRA) of 1995 (44 U.S.C. 3501– obtain benefits. The statutory authority proposed agreement the FCC finds that 3520), the Federal Communications for this collection of information is withdrawal of one of the applications Commission invites the general public contained in sections 154(i) and 311 of would unduly impede achievement of a and other Federal agencies to comment the Communications Act of 1934, as fair, efficient and equitable distribution on the following information amended. of radio service among the several States collection(s). Comments are requested Confidentiality: No need for and communities, then the FCC shall concerning (a) whether the proposed confidentiality required with this order that further opportunity be collection of information is necessary collection of information. afforded for other persons to apply for for the proper performance of the Total Annual Burden: 39 hours. the facilities specified in the application functions of the Commission, including Total Annual Cost: $61,453. or applications to be withdrawn before whether the information shall have Privacy Impact Assessment(s): No acting upon the pending request for practical utility; (b) the accuracy of the impact(s). approval of the agreement. Commission’s burden estimate; (c) ways Needs and Uses: 47 CFR 73.3525 (2) Upon release of such order, any to enhance the quality, utility, and states (a) except as provided in 73.3523 party proposing to withdraw its clarity of the information collected; and regarding dismissal of applications in application shall cause to be published (d) ways to minimize the burden of the comparative renewal proceedings, a notice of such proposed withdrawal at collection of information on the whenever applicants for a construction least twice a week for 2 consecutive respondents, including the use of permit for a broadcast station enter into weeks within the 3-week period automated collection techniques or an agreement to procure the removal of immediately following release of the other forms of information technology. a conflict between applications pending FCC’s order, in a daily newspaper of An agency may not conduct or sponsor before the FCC by withdrawal or general circulation published in the a collection of information unless it amendment of an application or by its community in which it was proposed to displays a currently valid OMB control dismissal pursuant to 73.3568, all locate the station. However, if there is number. No person shall be subject to parties thereto shall, within 5 days after no such daily newspaper published in any penalty for failing to comply with entering into the agreement, file with the community, the notice shall be a collection of information subject to the the FCC a joint request for approval of published as follows: Paperwork Reduction Act that does not such agreement. The joint request shall display a valid OMB control number. be accompanied by a copy of the (i) If one or more weekly newspapers agreement, including any ancillary of general circulation are published in DATES: Written PRA comments should the community in which the station was be submitted on or before May 26, 2009. agreements, and an affidavit of each party to the agreement setting forth: proposed to be located, notice shall be If you anticipate that you will be published in such a weekly newspaper submitting comments, but find it (1) The reasons why it is considered that such agreement is in the public once a week for 3 consecutive weeks difficult to do so within the period of within the 4-week period immediately time allowed by this notice, you should interest; (2) A statement that its application following the release of the FCC’s order. advise the contact listed below as soon (ii) If no weekly newspaper of general as possible. was not filed for the purpose of reaching or carrying out such agreement; circulation is published in the ADDRESSES: You may submit all PRA (3) A certification that neither the community in which the station was comments by e-mail or U.S. post mail. applicant nor its principals has received proposed to be located, notice shall be To submit your comments by e-mail, any money or other consideration in published at least twice a week for 2 send them to [email protected]. To submit excess of the legitimate and prudent consecutive weeks within the 3-week your comments by U.S. mail, mark them expenses of the applicant; Provided that period immediately following the to the attention of Cathy Williams, this provision shall not apply to bona release of the FCC’s order in the daily Federal Communications Commission, fide merger agreements; newspaper having the greatest general Room 1–C823, 445 12th Street, SW., (4) The exact nature and amount of circulation in the community in which Washington, DC 20554. any consideration paid or promised; the station was proposed to be located. FOR FURTHER INFORMATION CONTACT: For (5) An itemized accounting of the (3) The notice shall state the name of additional information about the expenses for which it seeks the applicant; the location, frequency information collection(s), contact Cathy reimbursement; and and power of the facilities proposed in Williams at (202) 418–2918 or send an (6) The terms of any oral agreement the application; the location of the e-mail to [email protected]. relating to the dismissal or withdrawal station or stations proposed in the SUPPLEMENTARY INFORMATION: of its application. applications with which it is in conflict; OMB Control Number: 3060–0213. (b) Whenever two or more conflicting the fact that the applicant proposes to Title: Section 73.3525, Agreements for applications for construction permits for withdraw the application; and the date Removing Application Conflicts. broadcast stations pending before the upon which the last day of publication Form Number: N/A. FCC involve a determination of fair, shall take place.

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(4) Such notice shall additionally SUPPLEMENTARY INFORMATION: The party, including qualified independent include a statement that new Chairman of the Federal candidates. applications for a broadcast station on Communications Commission has Political committees participating in the same frequency, in the same determined that the reestablishment of the California special elections are community, with substantially the same the Council is necessary and in the required to file pre- and post-election engineering characteristics and public interest in connection with the reports. Filing dates for these reports are proposing to serve substantially the performance of duties imposed on the affected by whether one or two elections same service area as the application Federal Communications Commission are held. sought to be withdrawn, timely filed (FCC) by law. The Committee FOR FURTHER INFORMATION CONTACT: Mr. pursuant to the FCC’s rules, or filed, in Management Secretariat, General Kevin R. Salley, Information Division, any event, within 30 days from the last Services Administration concurs with 999 E Street, NW., Washington, DC date of publication of the notice the reestablishment of the Council. The 20463; Telephone: (202) 694–1100; Toll (notwithstanding any provisions purpose of the TAC is to provide Free (800) 424–9530. normally requiring earlier filing of a technical advice to the Federal SUPPLEMENTARY INFORMATION: competing application), will be entitled Communications Commission and to to comparative consideration with other make recommendations on the issues Principal Campaign Committees pending mutually exclusive affidavits. and questions presented to it by the All principal campaign committees of (5) Within 7 days of the last day of FCC. The TAC will address questions candidates who participate in the publication of the notice, the applicant referred to it by the FCC Chairman, the California Special General and Special proposing to withdraw shall file a FCC Chief Technologist, the Chief of the Runoff Elections shall file a 12-day Pre- statement in triplicate with the FCC FCC Office of Engineering and General Report on May 7, 2009; a Pre- giving the dates on which the notice Technology, or the TAC Designated Runoff Report on July 2, 2009; and a was published, the text of the notice and Federal Officer. The questions referred Post-Runoff Report on August 13, 2009. the name and location of the newspaper to the TAC will be directed to (See chart below for the closing date for in which the notice was published. technological and technical issues in the each report). field of communications. The duties of Federal Communications Commission. If only one election is held, all the TAC will be to gather data and principal campaign committees of Marlene H. Dortch, information, perform analyses, and Secretary. candidates in the Special General prepare reports and presentations to Election shall file a 12-day Pre-General [FR Doc. E9–6640 Filed 3–25–09; 8:45 am] respond to the questions referred to it. Report on May 7, 2009; and a Post- BILLING CODE 6712–01–P Marlene H. Dortch, General Report on June 18, 2009. (See Secretary, Federal Communications chart below for the closing date for each FEDERAL COMMUNICATIONS Commission. report). COMMISSION [FR Doc. E9–6463 Filed 3–25–09; 8:45 am] Note that these reports are in addition BILLING CODE 6712–01–P to the campaign committee’s quarterly Federal Advisory Committee Act; filings in July and October. Technological Advisory Council Unauthorized Committees (PACs and FEDERAL ELECTION COMMISSION Party Committees) AGENCY: Federal Communications Commission. [Notice 2009–08] Political committees filing on a semi- ACTION: Notice of intent to reestablish. annual basis in 2009 are subject to Filing Dates for the California Special special election reporting if they make Election in the 32nd Congressional previously undisclosed contributions or SUMMARY: In accordance with the District Federal Advisory Committee Act, the expenditures in connection with the purpose of this notice is to announce AGENCY: Federal Election Commission. California Special General Election and/ that a Federal Advisory Committee, ACTION: Notice of filing dates for special or Special Runoff Election by the close known as the ‘‘Technological Advisory election. of books for the applicable report(s). Council’’ (hereinafter the ‘‘TAC’’) is (See chart below for the closing date for being reestablished. SUMMARY: California has scheduled a each report). special general election on May 19, Political committees filing monthly ADDRESSES: Federal Communications 2009, to fill the U.S. House of that support candidates in the California Commission, Attn: Jon M. Peha, Chief Representatives seat in the Thirty- Special General or Special Runoff Technologist, 445 12th Street, SW., Second Congressional District vacated Election should continue to file Room 7–C324, Washington, DC 20554. by Representative Hilda Solis. Under according to the monthly reporting FOR FURTHER INFORMATION CONTACT: Jon California law, a majority winner in a schedule. M. Peha, Chief Technologist, Federal special election is declared elected. Additional disclosure information in Communications Commission, 445 12th Should no candidate achieve a majority connection with the California Special Street, SW., Room 7–C324, Washington, vote, a special runoff election will be Election may be found on the FEC Web DC 20554. Telephone: (202) 418–2406, held on July 14, 2009, among the top site at http://www.fec.gov/info/ e-mail: [email protected]. vote-getters of each qualified political report_dates.shtml.

CALENDAR OF REPORTING DATES FOR CALIFORNIA SPECIAL ELECTION

Reg./cert. & Report Close of books 1 overnight mailing Filing deadline deadline

If Only the Special General is Held (05/19/09), Quarterly Filing Political Committees Involved Must File:

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CALENDAR OF REPORTING DATES FOR CALIFORNIA SPECIAL ELECTION—Continued

Reg./cert. & Report Close of books 1 overnight mailing Filing deadline deadline

Pre-General ...... 04/29/09 05/04/09 05/07/09 Post-General ...... 06/08/09 06/18/09 06/18/09 July Quarterly ...... 06/30/09 07/15/09 07/15/09

If Only the Special General is Held (05/19/09), Semi-Annual Filing Political Committees Involved Must File:

Pre-General ...... 04/29/09 05/04/09 05/07/09 Post-General ...... 06/08/09 06/18/09 06/18/09 Mid-Year ...... 06/30/09 07/31/09 07/31/09

If Two Elections are Held, Quarterly Filing Political Committees Involved Only in the Special General (05/19/09) Must File:

Pre-General ...... 04/29/09 05/04/09 05/07/09 July Quarterly ...... 06/30/09 07/15/09 07/15/09

If Two Elections are Held, Semi-Annual Filing Political Committees Involved Only in the Special General (05/19/09) Must File:

Pre-General ...... 04/29/09 05/04/09 05/07/09 Mid-Year ...... 06/30/09 07/31/09 07/31/09

Quarterly Filing Political Committees Involved in the Special General (05/19/09) and Special Runoff (07/14/09) Must File:

Pre-General ...... 04/29/09 05/04/09 05/07/09 Pre-Runoff ...... 06/24/09 06/29/09 07/02/09 July Quarterly ...... 06/30/09 07/15/09 07/15/09 Post-Runoff ...... 08/03/09 08/13/09 08/13/09 October Quarterly ...... 09/30/09 10/15/09 10/15/09

Semi-Annual Filing Political Committees Involved in the Special General (05/19/09) and Special Runoff (07/14/09) Must File:

Pre-General ...... 04/29/09 05/04/09 05/07/09 Pre-Runoff ...... 06/24/09 06/29/09 07/02/09 Mid-Year ...... 06/30/09 07/31/09 07/31/09 Post-Runoff ...... 08/03/09 08/13/09 08/13/09 Year-End ...... 12/31/09 01/31/10 01/31/10

Quarterly Filing Political Committees Involved Only in the Special Runoff (07/14/09) Must File:

Pre-Runoff ...... 06/24/09 06/29/09 07/02/09 July Quarterly ...... 06/30/09 07/15/09 07/15/09 Post-Runoff ...... 08/03/09 08/13/09 08/13/09 October Quarterly ...... 09/30/09 10/15/09 10/15/09

Semi-Annual Filing Political Committees Involved Only in the Special Runoff (07/14/09) Must File:

Pre-Runoff ...... 06/24/09 06/29/09 07/02/09 Mid-Year ...... 06/30/09 07/31/09 07/31/09 Post-Runoff ...... 08/03/09 08/13/09 08/13/09 Year-End ...... 12/31/09 01/31/10 01/31/10 1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed a report, the first report must cover all activity that occurred before the committee registered up through the close of books for the first report due.

Dated: March 20, 2009. FEDERAL RESERVE SYSTEM The notices are available for On behalf of the Commission. immediate inspection at the Federal Steven T. Walther, Change in Bank Control Notices; Reserve Bank indicated. The notices Acquisition of Shares of Bank or Bank also will be available for inspection at Chairman, Federal Election Commission. Holding Companies [FR Doc. E9–6699 Filed 3–25–09; 8:45 am] the office of the Board of Governors. Interested persons may express their BILLING CODE 6715–01–P The notificants listed below have applied under the Change in Bank views in writing to the Reserve Bank Control Act (12 U.S.C. 1817(j)) and indicated for that notice or to the offices § 225.41 of the Board’s Regulation Y (12 of the Board of Governors. Comments CFR 225.41) to acquire a bank or bank must be received not later than April 10, holding company. The factors that are 2009. considered in acting on the notices are A. Federal Reserve Bank of St. Louis set forth in paragraph 7 of the Act (12 (Glenda Wilson, Community Affairs U.S.C. 1817(j)(7)).

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Officer) P.O. Box 442, St. Louis, requests, call the CDC Reports Clearance syphilis and other STDs. Physicians and Missouri 63166–2034: Officer at (404) 639–5960 or send an e- other providers collect demographic, 1. Jerry W. Fuller, individually and mail to [email protected]. Send written risk, and clinical (including laboratory) acting in concert with Terry R. Fuller comments to CDC Desk Officer, Office of information from persons diagnosed and Mary S. Fuller, all as co–executors Management and Budget, Washington, with notifiable STDs during a clinical of the estate of Ray C. Fuller; all of DC or by fax to (202) 395–6974. Written encounter or counseling session. The Poplar Grove, Arkansas, to acquire comments should be received within 30 respondents will submit the information control of Helena Bancshares, Inc., and days of this notice. electronically, to the state and local thereby indirectly acquire control of Proposed Project public health departments. Clinical Helena National Bank, both of Helena, specimens obtained from case-patients Arkansas. Sexually Transmitted Disease (STD) are submitted to private or public Board of Governors of the Federal Reserve Morbidity Surveillance—New— diagnostic laboratories with laboratory System, March 23, 2009. National Center for HIV/AIDS, Viral requisition forms which includes Robert deV. Frierson, Hepatitis, STD, and TB Prevention information on the provider and case- Deputy Secretary of the Board. (NCHHSTP), Centers for Disease Control patient. A subset of the information [FR Doc. E9–6765 Filed 3–25–09; 8:45 am] and Prevention (CDC). reported to state health departments from health care providers or BILLING CODE 6210–01–S Background and Brief Description laboratories is reported electronically as The CDC is responsible for the a case report e-record to CDC’s DEPARTMENT OF HEALTH AND reporting and dissemination of Nationally Notifiable Disease HUMAN SERVICES nationally notifiable STD morbidity Surveillance System on a weekly basis. information for prevention and control CDC estimates that 57 respondents Centers for Disease Control and purposes in collaboration with state and spend 20 minutes each week extracting Prevention local health departments. Recent notifiable STD surveillance information changes in sexually transmitted disease from their electronic information [30 Day-09–08AX] (STD) epidemiology in the United States system. CDC staff review STD morbidity Agency Forms Undergoing Paperwork indicate that the existing passive data at varying frequencies to identify Reduction Act Review surveillance for STD does not include population subgroups at increased risk all the elements needed in order to for STDs. The target evidence-based The Centers for Disease Control and control and prevent STDs in the U.S. intervention strategies, evaluate the Prevention (CDC) publishes a list of Towards that end, CDC is proposing a impact of ongoing control efforts, thus information collection requests under new electronic information collection enhancing our understanding of STD review by the Office of Management and called STD Morbidity Surveillance that transmission. There is no cost to Budget (OMB) in compliance with the will include information on laboratory respondents other than their time. The Paperwork Reduction Act (44 U.S.C. confirmation of syphilis infection and total estimated annual burden hours are Chapter 35). To request a copy of these risk behaviors of persons infected with 989.

ESTIMATED ANNUALIZED BURDEN HOURS

Average Types of Form No. of No. of burden per respondent name respondents responses per response respondent (in hours)

State Health Departments ...... Electronic STD Case report ...... 50 52 20/60 Territorial Health Agencies ...... Electronic STD Case report ...... 5 2 20/60 City and county health departments ...... Electronic STD Case report ...... 2 52 20/60

Dated: March 19, 2009. DEPARTMENT OF HEALTH AND for CBER’s eSubmitter Program Maryam I. Daneshvar, HUMAN SERVICES (eSubmitter). CBER’s eSubmitter has Acting Reports Clearance Officer, Centers for been customized as an automated Disease Control and Prevention. Food and Drug Administration biologics license application (BLA) and [FR Doc. E9–6631 Filed 3–25–09; 8:45 am] BLA supplement (BLS) submission [Docket No. FDA–2009–N–0134] BILLING CODE 4163–18–P system for blood and blood components. Center for Biologics Evaluation and Participation in the pilot program is Research eSubmitter Pilot Evaluation open to blood establishments that Program for Source Plasma collect Source Plasma. The pilot Establishments program is intended to provide industry and CBER regulatory review staff the AGENCY: Food and Drug Administration, opportunity to evaluate the eSubmitter HHS. system and determine if it facilitates the ACTION: Notice. BLA/BLS submission process. The purpose of this notice is to invite blood SUMMARY: The Food and Drug establishments that collect Source Administration’s (FDA’s) Center for Plasma to submit a request to CBER if Biologics Evaluation and Research (CBER) is announcing an invitation to they are interested in participating in participate in a pilot evaluation program this pilot program.

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DATES: Submit a written or electronic requested information into the transfusion, and establishments that request for participation in this program eSubmitter tool and attach requested make eligibility determinations for by April 27, 2009. You should include documents as an Adobe document (pdf donors of HCT/Ps about FDA approval the following information in your format). This information will be saved of a biologics license application for an request: contact name, contact phone onto a CD–ROM and mailed to CBER for enzyme-linked immunosorbent assay number, e-mail address, name of the review. Paper copies of submissions (ELISA) test system for the detection of establishment, address, and license will not be required. CBER will review antibodies to Trypanosoma cruzi (T. number (if applicable). the information provided on the CD– cruzi). The draft guidance also notifies ADDRESSES: If you are interested in ROM and the attachments according to establishments that make donor participating in this program, you current managed review procedures. eligibility determinations for HCT/P should submit a request to participate in During the BLA/BLS submission donors that FDA has determined T. the program to the Division of Dockets process, CBER staff will be available to cruzi to be a relevant communicable Management (HFA–305), Food and Drug answer any questions or concerns that disease under current regulations. In Administration, 5630 Fishers Lane, rm. may arise. As each submission is addition, the guidance provides 1061, Rockville, MD 20852. Submit completed, the users will be asked to recommendations for using a licensed electronic requests to http:// comment on the eSubmitter program. test for antibodies to T. cruzi to test www.regulations.gov. These discussions will assist CBER in individual human donors, including the final development and release of donors of Whole Blood and blood FOR FURTHER INFORMATION CONTACT: Lore this electronic tool for use by industry. components for transfusion and HCT/P Fields, Center for Biologics Evaluation donors (living and cadaveric (non-heart III. Requests for Participation and Research (HFM–375), Food and beating)), for antibodies to T. cruzi in Drug Administration, 1401 Rockville Requests to participate in the plasma and serum samples. The Pike, suite 200N, Rockville, MD 20852– eSubmitter pilot are to be identified guidance document does not apply to 1448, 301–827–6143, Fax: 301–827– with the docket number found in Source Plasma. 3534, or e-mail: [email protected]. brackets in the heading of this DATES: Although you can comment on SUPPLEMENTARY INFORMATION: document. Once requests for any guidance at any time (see 21 CFR participation are received, FDA will I. Background 10.115(g)(5)), to ensure that the agency contact interested establishments to considers your comment on this draft CBER regulates certain biological discuss the pilot program. guidance before it begins work on the products, including blood and blood Dated: March 20, 2009. final version of the guidance, submit products, and is committed to Jeffrey Shuren, written or electronic comments on the advancing the public health through draft guidance by June 24, 2009. Submit innovative activities that help ensure Associate Commissioner for Policy and Planning. written comments on the information the safety, effectiveness and timely collection burden by May 26, 2009. delivery of these products to patients. [FR Doc. E9–6687 Filed 3–25–09; 8:45 am] ADDRESSES: Submit written requests for Further, CBER seeks to continuously BILLING CODE 4160–01–S single copies of the draft guidance to the enhance and update review efficiency Office of Communication, Outreach and and quality, and the quality of its DEPARTMENT OF HEALTH AND Development (HFM–40), Center for regulatory efforts and interactions, by HUMAN SERVICES Biologics Evaluation and Research providing CBER staff and industry with (CBER), Food and Drug Administration, improved processes. In support of this Food and Drug Administration 1401 Rockville Pike, suite 200N, goal, CBER has participated in the FDA Rockville, MD 20852–1448. Send one development of a computer-assisted [Docket No. FDA–2009–D–0137] self-addressed adhesive label to assist automated BLA/BLS submission Draft Guidance for Industry: Use of the office in processing your requests. program called eSubmitter to improve Serological Tests to Reduce the Risk The draft guidance may also be obtained the process for providing certain of Transmission of Trypanosoma cruzi by mail by calling CBER at 1–800–835– regulatory submissions to FDA. The Infection in Whole Blood and Blood 4709 or 301–827–1800. See the eSubmitter will include programs to Components for Transfusion and SUPPLEMENTARY INFORMATION section for submit applications for licensure, Human Cells, Tissues, and Cellular and electronic access to the draft guidance supplements to an approved license, Tissue-Based Products; Availability document. and amendments to pending Submit written comments on the draft applications or supplements. AGENCY: Food and Drug Administration, guidance to the Division of Dockets HHS. II. The eSubmitter Pilot Evaluation Management (HFA–305), Food and Drug Program Expectations ACTION: Notice. Administration, 5630 Fishers Lane, rm. The eSubmitter pilot evaluation SUMMARY: The Food and Drug 1061, Rockville, MD 20852. Submit program is expected to last Administration (FDA) is announcing the electronic comments to http:// approximately 6 months. During this availability of a draft document entitled www.regulations.gov. period of time, participants will ‘‘Guidance for Industry: Use of FOR FURTHER INFORMATION CONTACT: complete BLA/BLS regulatory Serological Tests to Reduce the Risk of Valerie A. Butler, Center for Biologics submissions using the eSubmitter Transmission of Trypanosoma cruzi Evaluation and Research (HFM–17), template developed at CBER for use by Infection in Whole Blood and Blood Food and Drug Administration, 1401 Source Plasma establishments. The Components for Transfusion and Rockville Pike, suite 200N, Rockville, eSubmitter was developed using the Human Cells, Tissues, and Cellular and MD 20852–1448, 301–827–6210. same review criteria for applications for Tissue-Based Products (HCT/Ps)’’ dated SUPPLEMENTARY INFORMATION: these products as currently used in the March 2009. The draft guidance BLA/BLS review process at CBER. document notifies establishments that I. Background During the BLA/BLS submission manufacture Whole Blood and blood FDA is announcing the availability of process, the participants will enter the components intended for use in a draft document entitled ‘‘Guidance for

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Industry: Use of Serological Tests to of the applicable statutes and manufacture Whole Blood and blood Reduce the Risk of Transmission of regulations. components intended for use in Trypanosoma cruzi Infection in Whole transfusion to notify consignees of all II. Paperwork Reduction Act of 1995 Blood and Blood Components for previously collected in-date blood and Transfusion and Human Cells, Tissues, The draft guidance document blood components to quarantine and and Cellular and Tissue-Based Products contains information collection return the blood components to (HCT/Ps)’’ dated March 2009. The draft provisions that are subject to review by establishments or to destroy them guidance document notifies the Office of Management and Budget within 3 calendar days after a donor establishments that manufacture Whole (OMB) under the Paperwork Reduction tests repeatedly reactive by a licensed Blood and blood components intended Act of 1995 (the PRA) (44 U.S.C. 3501– test for T. cruzi antibody. The draft for use in transfusion, and 3520). Under the PRA, Federal agencies guidance also recommends that when establishments that make eligibility must obtain approval from OMB for establishments identify a donor who is determinations for donors of HCT/Ps each collection of information they repeatedly reactive by a licensed test for about FDA approval of a biologics conduct or sponsor. ‘‘Collection of T. cruzi antibodies and for whom there license application for an ELISA test information’’ is defined in 44 U.S.C. is additional information indicating risk system for the detection of antibodies to 3502(3) and 5 CFR 1320.3(c) and of T. cruzi infection, such as T. cruzi. The test is intended for use as includes agency requests or geographical risk for exposure in an a donor screening test to reduce the risk requirements that members of the public endemic area, or medical diagnostic of transmission of T. cruzi infection by submit reports, keep records, or provide testing of the donor, the establishment detecting antibodies to T. cruzi in information to a third party. Section notify consignees of all previously plasma and serum samples from 3506(c)(2)(A) of the PRA (44 U.S.C. distributed blood and blood individual human donors, including 3506(c)(2)(A)) requires Federal agencies components collected during the donors of Whole Blood and blood to provide a 60-day notice in the lookback period and, if blood or blood components intended for transfusion, Federal Register concerning each components were transfused, encourage and HCT/P donors. proposed collection of information consignees to notify the recipient’s In addition, FDA is providing before submitting the collection to OMB physician of record of a possible establishments that manufacture Whole for approval. To comply with this increased risk of T. cruzi infection. Blood and blood components intended requirement, FDA is publishing notice Description of Respondents: The for use in transfusion with of the proposed collection of reporting recommendations described in recommendations for unit and donor information set forth in this document. the draft guidance affect establishments management, labeling of Whole Blood With respect to the following that manufacture Whole Blood and and blood components, and procedures collection of information, FDA invites blood components intended for use in for reporting implementation of a comment on these topics: (1) Whether transfusion. licensed T. cruzi test at their facilities or the proposed collection of information Burden Estimate: We believe that the contract testing laboratories, as required is necessary for the proper performance information collection provisions for for blood establishments under title 21 of FDA’s functions, including whether consignee notification and consignees to of the Code of Federal Regulations (CFR) the information will have practical notify the recipient’s physician in the § 601.12 (21 CFR 601.12). FDA is utility; (2) the accuracy of FDA’s draft guidance do not create a new notifying establishments that make estimate of the burden of the proposed burden for respondents and are part of donor eligibility determinations for collection of information, including the usual and customary business practice. HCT/P donors, that it has determined T. validity of the methodology and Since the end of January 2007, a number cruzi to be a relevant communicable assumptions used; (3) ways to enhance of blood centers representing a large disease under 21 CFR 1271.3(r)(2), and the quality, utility, and clarity of the proportion of U.S. blood collections is providing them with information to be collected; and (4) have been testing donors using this recommendations for screening and ways to minimize the burden of the licensed assay. We believe these antibody testing of HCT/P donors. collection on respondents, including establishments have already developed The guidance document applies to through the use of automated collection standard operating procedures for Whole Blood and blood components techniques, when appropriate, and other notifying consignees and the consignees intended for transfusion and donors of forms of information technology. to notify the recipient’s physician. HCT/Ps. The guidance document does Draft Guidance for Industry: Use of The draft guidance also refers to not apply to Source Plasma. The Serological Tests to Reduce the Risk of previously approved collections of recommendations made in the guidance Transmission of Trypanosoma cruzi information found in FDA regulations. with respect to HCT/Ps are in addition Infection in Whole Blood and Blood The collections of information in to recommendations made in the Components for Transfusion and § 601.12 have been approved under document entitled ‘‘Guidance for Human Cells, Tissues, and Cellular and OMB control no. 0910–0338; the Industry: Eligibility Determination for Tissue-Based Products (HCT/Ps) collections of information in 21 CFR Donors of Human Cells, Tissues, and The draft guidance would implement 606.100, 606.121, 606.122, Cellular and Tissue-Based Products the FDA approved donor screening 606.160(b)(ix), 606.170(b), and 630.6 (HCT/Ps)’’ dated August 2007. ELISA test system for the detection of have been approved under OMB control The draft guidance is being issued antibodies to T. cruzi. The use of the no. 0910–0116; the collections of consistent with FDA’s good guidance donor screening test is to reduce the risk information in 21 CFR 606.171 have practices regulation (21 CFR 10.115). of transmission of T. cruzi infection by been approved under OMB control no. The draft guidance, when finalized, will detecting antibodies to T. cruzi in 0910–0458. represent FDA’s current thinking on this plasma and serum samples from topic. It does not create or confer any individual human donors, including III. Comments rights for or on any person and does not donors of Whole Blood and blood The draft guidance is being operate to bind FDA or the public. An components intended for use in distributed for comment purposes only alternative approach may be used if transfusion. The draft guidance and is not intended for implementation such approach satisfies the requirement recommends establishments that at this time. We recognize that recent

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scientific information obtained from DEPARTMENT OF HEALTH AND generic new animal drugs and/or screening of donors may affect the HUMAN SERVICES investigational submissions of new recommendations for implementation in animal drugs. However, AGDUFA also the guidance. In particular, we welcome Food and Drug Administration provides FDA with the authorization to comments on potential strategies for [Docket No. FDA–2009–N–0149] grant a waiver from or a reduction of selective donor testing for T. cruzi those fees in certain circumstances. To infection. Also, we recognize that Agency Emergency Processing Under provide guidance, FDA has developed lookback studies conducted using the Office of Management and Budget the guidance entitled ‘‘Animal Generic licensed ELISA test suggest that the risk Review; Guidance for Industry: Animal Drug User Fees and Fee Waivers and of transmission of this agent by Generic Drug User Fees and Fee Reductions,’’ which is crucial to firms transfusion of a seropositive unit in the Waivers and Reductions understanding whether they might United States may be much lower than qualify for the waiver or reduction, and AGENCY: Food and Drug Administration, if so, how to apply for it. previously thought, and we welcome HHS. comments in that regard. Additionally, With respect to the following ACTION: Notice. we encourage you to submit comments collection of information FDA invites to the docket regarding the value of SUMMARY: The Food and Drug comments on these topics: (1) Whether performing recipient notification on Administration (FDA) is announcing the proposed collection of information prior collections from a donor who is that a proposed collection of is necessary for the proper performance repeatedly reactive on a currently information has been submitted to the of FDA’s functions, including whether licensed T. cruzi antibody test, and a Office of Management and Budget the information will have practical prior collection had a licensed test (OMB) for emergency processing under utility; (2) the accuracy of FDA’s result with a signal to cutoff ratio greater the Paperwork Reduction Act of 1995 estimate of the burden of the proposed collection of information, including the than 0.75 (i.e., a grey zone result), but (the PRA). The proposed collection of validity of the methodology and for whom there may not be additional information concerns the burden hours assumptions used; (3) ways to enhance information indicating risk of infection. required to implement the new statutory requirements for the user fees and fee the quality, utility, and clarity of the Interested persons may submit to the waivers reductions provisions of the information to be collected; and (4) Division of Dockets Management (see Animal Generic Drug User Fee Act of ways to minimize the burden of the ADDRESSES) written or electronic 2008 (AGDUFA) (Federal Food, Drug, collection of information on comments regarding the draft guidance. and Cosmetic Act (the act)). respondents, including through the use Submit a single copy of electronic DATES: Fax written comments on the of automated collection techniques, comments or two paper copies of any collection of information provisions by when appropriate, and other forms of mailed comments, except that March 31, 2009. information technology. individuals may submit one paper copy. ADDRESSES: To ensure that comments on Guidance for Industry: Animal Generic Comments are to be identified with the the information collection are received, Drug User Fees and Fee Waivers and docket number found in the brackets in OMB recommends that written Reductions (Section 741(d) of the the heading of this document. A copy of comments be faxed to the Office of Federal Food, Drug, and Cosmetic Act); the draft guidance and received Information and Regulatory Affairs, Emergency Request comments are available for public OMB, Attn: FDA Desk Officer, FAX: examination in the Division of Dockets 202–395–6974, or e-mailed to AGDUFA requires FDA to collect user Management between 9 a.m. and 4 p.m., [email protected]. All fees for certain: (1) Abbreviated Monday through Friday. comments should be identified with the applications for a generic new animal OMB control number 0910–NEW and drug, (2) generic new animal drug IV. Electronic Access title ‘‘Guidance for Industry: Animal products, and (3) sponsors of such abbreviated applications for generic new Persons with access to the Internet Generic Drug Fees and Fee Waivers Reduction; Emergency Request.’’ Also animal drugs and/or investigational may obtain the draft guidance at either submissions for generic new animal http://www.fda.gov/cber/guidelines.htm include the FDA docket number found in brackets in the heading of this drugs. AGDUFA also contains a specific or http://www.regulations.gov. document. provision under which a fee waiver or Dated: March 20, 2009. reduction may be requested for any or FOR FURTHER INFORMATION CONTACT: Jeffrey Shuren, all of these fees. The type of fee waiver Denver Presley, Jr., Office of Information and reduction requests to be submitted Associate Commissioner for Policy and Management (HFA–710); Food and Drug Planning. is: Minor Use or Minor Species. FDA Administration 5600 Fishers Lane seeks OMB approval for this summary [FR Doc. E9–6684 Filed 3–25–09; 8:45 am] Rockville, MD 20857, 301–796–3793. of information required for a fee waiver BILLING CODE 4160–01–S SUPPLEMENTARY INFORMATION: FDA is or reduction request. requesting emergency processing of this proposed collection of information Respondents to the proposed under section 3507(j) of the PRA (44 collection of information will likely be U.S.C. 3507(j) and 5 CFR 1320.13). private industry. Requests for a waiver Section 741(d) of the act (21 U.S.C. or reduction may be submitted by a 379k(d)), as amended by AGDUFA, person paying any of the generic new authorizes FDA to collect user fees for animal drug user fees assessed— certain: (1) Abbreviated applications for application fees, product fees, or generic new animal drugs, (2) new sponsor fees. animal drug products, and (3) sponsors FDA estimates the burden of this of such abbreviated applications for collection of information as follows:

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per Section 741(d) of the Act Respondents per Response Responses Response Total Hours

741(d)—Minor Use or Minor Species Fee Waiver & Reduction Requests 9 1 9 2 18

Request for Reconsideration; CVM AGDUFA Waiver Officer2 1 1 1 1 1

Request for Review; CVM AGDUFA Appeals Officer 1 1 1 1 1

Request for Review; FDA User Fee Appeals Officer 1 1 1 1 1

Total 21 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 CVM means Center for Veterinary Medicine.

Appeals for reconsideration or review Dated: March 19, 2009. 8732310001. Please call the Information of AGDUFA user fee waiver decisions Jeffrey Shuren, Line for up-to-date information on this will be very rare. Waivers are granted Associate Commissioner for Policy and meeting. A notice in the Federal only for user fees involving minor use Planning. Register about last minute modifications or minor species as defined by the [FR Doc. E9–6724 Filed 3–25–09; 8:45 am] that impact a previously announced Minor Use and Minor Species Act of BILLING CODE 4160–01–S advisory committee meeting cannot 2008 (MUMS). Decisions on waivers of always be published quickly enough to user fees based on minor species do not provide timely notice. Therefore, you allow for agency discretion as ‘‘minor DEPARTMENT OF HEALTH AND should always check the agency’s Web species’’ is defined specifically in the HUMAN SERVICES site and call the appropriate advisory committee hot line/phone line to learn MUMS statute. As to minor use in a Food and Drug Administration major species, FDA, under MUMS, about possible modifications before coming to the meeting. determines that a new animal drug is for [Docket No. FDA–2009–N–0664] Agenda: On Monday, April 27, 2009, minor use in a major species at the time Joint Meeting of the Pediatric Advisory the Pediatric Advisory Committee and that the pioneer new animal drug Committee and the Oncologic Drugs the Oncologic Drugs Advisory application is submitted. This Advisory Committee; Notice of Meeting Committee will meet to discuss the determination carries over to the scientific and ethical issues involved in AGENCY: abbreviated (generic) new animal drug Food and Drug Administration, obtaining and using brain biopsy application. Therefore, we do not HHS. specimens to evaluate gene expression anticipate that there will be more than ACTION: Notice. patterns in children with diffuse one request for review or This notice announces a forthcoming pontine gliomas. reconsideration for either the ‘‘minor FDA intends to make background use’’ or ‘‘minor species’’ waivers or meeting of a public advisory committee of the Food and Drug Administration material available to the public no later reductions under AGDUFA per year. (FDA). The meeting will be open to the than 2 business days before the meeting. Fee Waiver or Reduction Requests: public. If FDA is unable to post the background For those who, after reading the Name of Committee: Pediatric material on its Web site prior to the guidance, decide to apply for a waiver Advisory Committee and Oncologic meeting, the background material will or reduction of one or more of the fees Drugs Advisory Committee. be made publicly available at the they were assessed, the time to complete General Function of the Committee: location of the advisory committee the information required for their To provide advice and meeting, and the background material waiver application, based on the recommendations to the agency on will be posted on FDA’s Web site after guidance provided, is estimated to be 2 FDA’s regulatory issues. the meeting. Background material is hours or less. Date and Time: The meeting will be available at http://www.fda.gov/ohrms/ held on Monday, April 27, 2009, from dockets/ac/acmenu.htm, click on the Based on FDA’s database system, 8 a.m. to 6 p.m. year 2009 and scroll down to the there are an estimated 50 sponsors of Addresses: Washington DC North/ appropriate advisory committee link. products subject to AGDUFA. However, Gaithersburg Hilton, 620 Perry Pkwy., Procedure: Interested persons may not all sponsors will have submissions Gaithersburg, MD 20877. present data, information, or views, in a given year. CVM estimates nine Contact Person: Carlos Pen˜ a, Office of orally or in writing, on issues pending waiver requests that include minor use the Commissioner (HF–33), Food and before the committee. Written or minor species. The estimated hours Drug Administration, 5600 Fishers Lane submissions may be made to the contact per response are based on past FDA (for express delivery, rm. 14B–08), person on or before April 13, 2009. Oral experience with the various waiver Rockville, MD 20857, 301–827–3340, or presentations from the public will be requests in CVM. The hours per by e-mail: carlos.pen˜ [email protected], or scheduled between approximately 1 response listed in table 1 of this FDA Advisory Committee Information p.m. and 2 p.m. Those desiring to make document are based on the average of Line, 1–800–741–8138 (301–443–0572 formal oral presentations should notify these estimates. in the Washington, DC area), code the contact person and submit a brief

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statement of the general nature of the constructive input from key specific pediatric rheumatology evidence or arguments they wish to stakeholders in the pediatric observational safety registries. Some of present, the names and addresses of rheumatology community, the the concerns expressed include the proposed participants, and an pharmaceutical industry and the public following: indication of the approximate time to explore the value and feasibility of 1. It is difficult to capture important requested to make their presentation on developing a consolidated pediatric information from children and or before April 3, 2009. Time allotted for rheumatology observational registry. adolescents whose medication is each presentation may be limited. If the DATES: The public workshop will be switched over time because long-term number of registrants requesting to held on May 12, 2009, from 8:30 a.m. to data on these patients will not be speak is greater than can be reasonably 5 p.m. and on May 13, 2009, from 8:30 available under the product specific accommodated during the scheduled a.m. to noon. Register by April 21, 2009, registries. Patients on ‘‘real-life’’ open public hearing session, FDA may to make a presentation at the workshop. combinations of medications and/or conduct a lottery to determine the See section III of this document for nonstandard doses are often not speakers for the scheduled open public information on how to attend or present included in product-specific registries. hearing session. The contact person will at the workshop. We are opening a 2. Current registries do not always notify interested persons regarding their docket to receive your written or provide an adequate control group to request to speak by April 6, 2009. electronic comments. Written or assess background rates of important Persons attending FDA’s advisory electronic comments must be submitted adverse events. committee meetings are advised that the to the docket by July 14, 2009. 3. The limited number of patients agency is not responsible for providing ADDRESSES: The public workshop will with JIA will make adequate enrollment access to electrical outlets. be held at the Hilton Washington DC/ in product-specific observational FDA welcomes the attendance of the Silver Spring, The Ballrooms, 8727 registries more difficult as the number public at its advisory committee Colesville Rd., Silver Spring, MD 20910 of approved drug and biological meetings and will make every effort to (Metro: Silver Spring Station on the Red products increases. accommodate persons with physical Line). Submit written or electronic 4. A nonproprietary registry rather disabilities or special needs. If you requests to make a presentation to Diane than a proprietary registry would allow require special accommodations due to Ehrlich (see FOR FURTHER INFORMATION wider access to the safety data that is a disability, please contact Dr. Carlos CONTACT). collected. Pen˜ a at least 7 days in advance of the Submit written comments to the 5. A consolidated pediatric meeting. Division of Dockets Management (HFA– rheumatology observational registry FDA is committed to the orderly 305), Food and Drug Administration, may allow more efficient identification conduct of its advisory committee 5630 Fishers Lane, rm. 1061. Rockville, of longer term safety issues in this meetings. Please visit our Web site at MD 20852. Submit electronic comments population. http://www.fda.gov/oc/advisory/ to http://www.regulations.gov. All II. Scope of Public Workshop default.htm for procedures on public comments should be identified with the conduct during advisory committee docket number found in brackets in the At the public workshop, FDA will meetings. heading of this document. present its current thinking on the use Notice of this meeting is given under Transcripts of the hearing will be of product-specific postmarketing the Federal Advisory Committee Act (5 available for review at the Division of registries to capture long-term safety U.S.C. app. 2). Dockets Management and on the data of drug and biological products administered to patients with JIA. Dated: March 19, 2009. Internet at http://www.regulations.gov approximately 30 days after the Product-specific registries will be Randall W. Lutter, workshop. compared with a consolidated pediatric Deputy Commissioner for Policy. rheumatology observational registry that [FR Doc. E9–6796 Filed 3–25–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: could meet the regulatory postmarketing Diane Ehrlich, Center for Drug BILLING CODE 4160–01–S requirements of FDA and also collect Evaluation and Research, Food and other safety information and support Drug Administration, 10903 New potential research initiatives. DEPARTMENT OF HEALTH AND Hampshire Ave., Bldg. 51, rm. 6190, HUMAN SERVICES Silver Spring, MD 20993–0002, 301– A. Objectives of the Workshop 796–3452, FAX: 301–847–8753, e-mail: The workshop objectives are as Food and Drug Administration [email protected]. follows: SUPPLEMENTARY INFORMATION: 1. Discuss potential registry models, [Docket No. FDA–2009–N–0145] taking into account existing registries I. Background Developing a Consolidated Pediatric for other diseases and in other Rheumatology Observational Registry; Currently, approved drug and countries. Public Workshop therapeutic biological products for 2. Discuss the advantages and patients with juvenile idiopathic disadvantages of a common AGENCY: Food and Drug Administration, arthritis (JIA) (or juvenile rheumatoid consolidated registry for JIA, taking into HHS. arthritis (JRA)) are monitored for long- account: ACTION: Notice of public workshop; term safety beyond the information ∑ The pediatric rheumatology request for comments. available at the time of approval on a perspective. product-by-product basis using ∑ The pharmaceutical company SUMMARY: The Food and Drug registries mandated by FDA’s perspective. Administration (FDA) is announcing a postmarketing requirements. FDA is 3. Discuss methods to capture public workshop entitled ‘‘Developing a addressing concerns raised by information regarding safety signals in Consolidated Pediatric Rheumatology individuals in the pediatric rare diseases. Observational Registry.’’ This 2-day rheumatology community about the 4. Discuss the value of working public workshop is intended to seek current approach of using product- through existing large pediatric

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rheumatology collaborative networks, pediatric data through and beyond the submit written or electronic comments such as the Childhood Arthritis and age of consent). to the Division of Dockets Management Rheumatology Research Alliance or the 4. What are the optimal methods to (see ADDRESSES). Submit a single copy Pediatric Rheumatology Collaborative analyze data from a consolidated of electronic comments or two paper Study Group. pediatric rheumatology observational copies of any mailed comments, except 5. Define, for phase 4 studies in JIA registry to identify safety signals? For that individuals may submit one paper patients, the database standards and example, should the methods define copy. Comments should be identified elements of data collection (e.g., data risk windows for attribution to a drug or with the docket number found in quality, monitoring) that are necessary biological product; internal controls; brackets in the heading of this and sufficient to meet FDA regulatory and/or analyses of confounding by document. To ensure consideration, requirements. indication, switches in medication, and submit comments by July 14, 2009 (see 6. Discuss how pertinent research multiple concurrent medications? DATES). Received comments may be seen initiatives can be accomplished in the 5. What are the opportunities for in the Division of Dockets Management framework of a consolidated JIA research initiatives within a between 9 a.m. and 4 p.m., Monday registry, including: consolidated observational through Friday. ∑ Ethical considerations. rheumatology registry? ∑ Data sharing considerations. V. Transcript 7. Discuss the options for funding a III. Attendance and Registration to Speak Please be advised that as soon as a consolidated JIA registry. transcript is available, it will be There is no fee to attend the B. Issues for Comment accessible at http:// workshop, and attendees who do not www.regulations.gov. It may be viewed FDA is interested in obtaining public wish to make an oral presentation do at the Division of Dockets Management comment on the following issues not need to register. Seating will be on (see ADDRESSES). A transcript will also relating to development of a a first-come, first-served basis. be available in either hardcopy or on consolidated pediatric rheumatology If you would like to make an oral CD–ROM, after submission of a observational registry: presentation during the open public Freedom of Information request. Written 1. Should we transition from product- session on day one of the workshop, you requests are to be sent to Division of specific registries to a consolidated must register and provide an abstract of Freedom of Information (HFI–35), Office pediatric rheumatology observational your presentation by close of business of Management Programs, Food and registry? on April 21, 2009. To speak, submit Drug Administration, 5600 Fishers 2. Currently, the product-specific your name, title, business affiliation (if Lane, rm. 6–30, Rockville, MD 20857. registries are conducted by the applicable), address, telephone and fax individual sponsors of the approved numbers, and e-mail address to Diane Dated: March 19, 2009. drugs and/or biological products with Ehrlich (see FOR FURTHER INFORMATION Jeffrey Shuren, the safety data submitted to FDA. CONTACT). FDA has included questions Associate Commissioner for Policy and ∑ How should a consolidated for comment in section II of this Planning. pediatric rheumatology observational document. You should also identify by [FR Doc. E9–6709 Filed 3–25–09; 8:45 am] registry be structured to collect data and number each question you wish to BILLING CODE 4160–01–S conduct analyses to meet the standards address in your presentation, and the for postmarketing requirements set by approximate time requested for your FDA and provide information about presentation. FDA will do its best to DEPARTMENT OF HEALTH AND long-term safety? accommodate requests to speak. HUMAN SERVICES ∑ What hurdles must be overcome to Individuals and organizations with transition from product-specific common interests are urged to National Institutes of Health registries to a consolidated pediatric consolidate or coordinate their Eunice Kennedy Shriver National rheumatology observational registry presentations, and to request time for a Institute of Child Health & Human (e.g., industry concerns, pediatric joint presentation. FDA will determine Development; Notice of Meeting rheumatology community concerns, the amount of time allotted to each proprietary issues of longer term data presenter and the approximate time that Pursuant to section 10(a) of the and informed consent, fulfilling FDA each oral presentation is scheduled to Federal Advisory Committee Act, as regulatory requirements, challenges of begin. Persons registered to make an amended (5 U.S.C. Appendix 2), notice registry funding, management and oral presentation should check in before is hereby given of the following ownership or sharing of data)? the workshop. meeting. 3. What data should be collected in a Ample time will be allowed during The meeting will be open to the consolidated pediatric rheumatology the scheduled agenda for attendees to public, with attendance limited to space observational registry? Consider the ask questions of panelists. In addition, available. Individuals who plan to following topics: we strongly encourage written attend and need special assistance, such Database standards and terminology comments to the docket. Written or as sign language interpretation or other (e.g., compatibility with large electronic comments will be accepted reasonable accommodations, should databases). until July 14, 2009. notify the Contact Person listed below Necessary and sufficient data If you need special accommodations in advance of the meeting. elements (e.g., safety, effectiveness, because of disability, please contact Name of Committee: National Institute of growth and development, comorbidities, Diane Ehrlich (see FOR FURTHER tracking medication switches over time, Child Health and Human Development INFORMATION CONTACT) at least 7 days Special Emphasis Panel; Gestational Diabetes as well as concurrent medication). before the workshop. Life-Course Study. Length of individual patients’ IV. Comments Date: April 20, 2009. participation and overall duration of the Time: 2 p.m. to 3:30 p.m. consolidated pediatric rheumatology Regardless of attendance at the public Agenda: To provide concept review of observational registry (e.g., managing workshop, interested persons may proposed concept review.

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Place: National Institutes of Health, 6100 Date: April 14, 2009. Date: May 15, 2009. Executive Boulevard, Room 5B01, Rockville, Time: 1 p.m. to 3 p.m. Time: 8:30 a.m. to 11:45 a.m. MD 20852 (Telephone Conference Call). Agenda: To review and evaluate grant Agenda: Report from the Institute Director, Contact Person: Sathasiva B. Kandasamy, applications. other Institute Staff and presentations of PhD, Scientific Review Administrator, Place: National Institutes of Health, working group reports. Division of Scientific Review, National Neuroscience Center, 6001 Executive Place: Bethesda Marriott Suites, 6711 Institute of Child Health and Human Boulevard, Rockville, MD 20852. (Telephone Democracy Boulevard, Bethesda, MD 20817. Development, 6100 Executive Boulevard, Conference Call). Closed: 12:30 p.m. to 4 p.m. Room 5B01, Bethesda, MD 20892–9304, (301) Contact Person: Richard D. Crosland, PhD, Agenda: To review and evaluate grant 435–6680. [email protected]. Scientific Review Administrator, Scientific applications and/or proposals. (Catalogue of Federal Domestic Assistance Review Branch, Division Of Extramural Place: Bethesda Marriott Suites, 6711 Program Nos. 93.864, Population Research; Research, NINDS/NIH/DHHS/ Neuroscience Democracy Boulevard, Bethesda, MD 20817. 93.865, Research for Mothers and Children; Center, 6001 Executive Blvd., Suite 3208, Contact Person: Anthony Demsey, PhD, 93.929, Center for Medical Rehabilitation MSC 9529, Bethesda, MD 20892–9529. 301– Director, National Institute of Biomedical Research; 93.209, Contraception and 594–0635. [email protected]. Imaging and Bioengineering, 6707 Infertility Loan Repayment Program, National (Catalogue of Federal Domestic Assistance Democracy Blvd., Room 241, Bethesda, MD Institutes of Health, HHS) Program Nos. 93.853, Clinical Research 20892. Related to Neurological Disorders; 93.854, Dated: March 20, 2009. Any interested person may file written Biological Basis Research in the comments with the committee by forwarding Jennifer Spaeth, Neurosciences, National Institutes of Health, the statement to the Contact Person listed on Director, Office of Federal Advisory HHS) this notice. The statement should include the Committee Policy. Dated: March 19, 2009. name, address, telephone number and when [FR Doc. E9–6786 Filed 3–25–09; 8:45 am] Jennifer Spaeth, applicable, the business or professional affiliation of the interested person. BILLING CODE 4140–01–P Director, Office of Federal Advisory Information is also available on the Committee Policy. Institute’s/Center’s home page: http:// DEPARTMENT OF HEALTH AND [FR Doc. E9–6660 Filed 3–25–09; 8:45 am] www.nibib1.nih.gov/about/NACBIB/ HUMAN SERVICES BILLING CODE 4140–01–P NACBIB.htm, where an agenda and any additional information for the meeting will National Institutes of Health be posted when available. DEPARTMENT OF HEALTH AND Dated: March 20, 2009. HUMAN SERVICES National Institute of Neurological Jennifer Spaeth, Disorders and Stroke; Notice of Closed National Institutes of Health Director, Office of Federal Advisory Meetings Committee Policy. Pursuant to section 10(d) of the National Institute of Biomedical [FR Doc. E9–6784 Filed 3–25–09; 8:45 am] Federal Advisory Committee Act, as Imaging and Bioengineering; Notice of BILLING CODE 4140–01–P amended (5 U.S.C. Appendix 2), notice Meeting is hereby given of the following Pursuant to section 10(d) of the meetings. DEPARTMENT OF HEALTH AND The meetings will be closed to the Federal Advisory Committee Act, as HUMAN SERVICES public in accordance with the amended (5 U.S.C. Appendix 2), notice provisions set forth in sections is hereby given of a meeting of the National Institutes of Health National Advisory Council for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Library of Medicine; Notice of as amended. The grant applications and Biomedical Imaging and Bioengineering. The meeting will be open to the Meeting the discussions could disclose public as indicated below, with confidential trade secrets or commercial attendance limited to space available. Pursuant to section 10(a) of the property such as patentable material, Individuals who plan to attend and Federal Advisory Committee Act, as and personal information concerning need special assistance, such as sign amended (5 U.S.C. Appendix 2), notice individuals associated with the grant language interpretation or other is hereby given of a meeting of the applications, the disclosure of which reasonable accommodations, should PubMed Central National Advisory would constitute a clearly unwarranted notify the Contact Person listed below Committee. invasion of personal privacy. in advance of the meeting. The meeting will be open to the Name of Committee: National Institute of The meeting will be closed to the public, with attendance limited to space Neurological Disorders and Stroke Special public in accordance with the available. Individuals who plan to Emphasis Panel. Mutiple System Atrophy. provisions set forth in sections attend and need special assistance, such Date: April 7, 2009. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as sign language interpretation or other Time: 2 p.m. to 5 p.m. reasonable accommodations, should Agenda: To review and evaluate grant as amended. The grant applications applications. and/or contract proposals and the notify the Contact Person listed below Place: National Institutes of Health, discussions could disclose confidential in advance of the meeting. Neuroscience Center, 6001 Executive trade secrets or commercial property Name of Committee: PubMed Central Boulevard, Rockville, MD 20852. (Telephone such as patentable material, and National Advisory Committee. Conference Call). personal information concerning Date: June 15, 2009. Contact Person: Ernest W Lyons, PhD, individuals associated with the grant Time: 8:30 a.m. to 3 p.m. Scientific Review Administrator, Scientific applications and/or contract proposals, Agenda: Review and Analysis of Systems. Review Branch, NINDS/NIH/DHHS, Place: National Library of Medicine, Neuroscience Center, 6001 Executive Blvd., the disclosure of which would constitute a clearly unwarranted Building 38, Board Room, 2nd Floor, 8600 Suite 3208, MSC 9529, Bethesda, MD 20892– Rockville Pike, Bethesda, MD 20892. 9529. 301–496–4056. [email protected]. invasion of personal privacy. Contact Person: David J. Lipman, MD, Name of Committee: National Institute of Name of Committee: National Advisory Director, Natl Ctr for Biotechnology Neurological Disorders and Stroke Special Council for Biomedical Imaging and Information, National Library of Medicine, Emphasis Panel. Stroke Trial. Bioengineering; NACBIB May 2009. Building 38, Room 8N805, Bethesda, MD

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20894, 301–435–5985, applications, the disclosure of which Dated: March 19, 2009. [email protected]. would constitute a clearly unwarranted Jennifer Spaeth, Any interested person may file written invasion of personal privacy. Director, Office of Federal Advisory comments with the committee by forwarding Committee Policy. the statement to the Contact Person listed on Name of Committee: Board of Regents of this notice. The statement should include the the National Library of Medicine. [FR Doc. E9–6648 Filed 3–25–09; 8:45 am] name, address, telephone number and when Subcommittee on Outreach and Public BILLING CODE 4140–01–M applicable, the business or professional Information. affiliation of the interested person. Date: May 5, 2009. In the interest of security, NIH has Open: 7:30 a.m. to 8:45 a.m. DEPARTMENT OF HEALTH AND instituted stringent procedures for entrance HUMAN SERVICES onto the NIH campus. All visitor vehicles, Agenda: Outreach Activities. Place: National Library of Medicine, including taxicabs, hotel, and airport shuttles National Institutes of Health will be inspected before being allowed on Building 38, Conference Room B, 8600 campus. Visitors will be asked to show one Rockville Pike, Bethesda, MD 20892. National Library of Medicine; Notice of form of identification (for example, a Contact Person: Donald A.B. Lindberg, MD, Closed Meeting government-issued photo ID, driver’s license, Director, National Library of Medicine, 8600 or passport) and to state the purpose of their Rockville Pike, Bethesda, MD 20894, 301– Pursuant to section 10(d) of the visit. 496–6221, [email protected]. Information is also available on the Federal Advisory Committee Act, as Institute’s/Center’s home page: http:// Name of Committee: Board of Regents of amended (5 U.S.C. Appendix 2), notice www.pubmedcentral.nih.gov/about/nac.html, the National Library of Medicine. is hereby given of the following where an agenda and any additional Date: May 5–6, 2009. meeting. information for the meeting will be posted Open: May 5, 2009, 9 a.m. to 4:30 p.m. The meeting will be closed to the when available. Agenda: Program Discussion. public in accordance with the (Catalogue of Federal Domestic Assistance Place: National Library of Medicine, provisions set forth in sections Program Nos. 93.879, Medical Library Building 38, 2nd Floor, Board Room, 8600 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Assistance, National Institutes of Health, Rockville Pike, Bethesda, MD 20892. as amended. The grant applications and HHS) Closed: May 5, 2009, 4:30 p.m. to 5 p.m. the discussions could disclose Dated: March 19, 2009. Agenda: To review and evaluate grant confidential trade secrets or commercial applications. Jennifer Spaeth, property such as patentable material, Place: National Library of Medicine, Director, Office of Federal Advisory and personal information concerning Building 38, 2nd Floor, Board Room, 8600 Committee Policy. individuals associated with the grant Rockville Pike, Bethesda, MD 20892. [FR Doc. E9–6624 Filed 3–25–09; 8:45 am] applications, the disclosure of which Open: May 6, 2009, 9 a.m. to 12 p.m. BILLING CODE 4140–01–M would constitute a clearly unwarranted Agenda: Program Discussion. invasion of personal privacy. Place: National Library of Medicine, DEPARTMENT OF HEALTH AND Building 38, 2nd Floor, Board Room, 8600 Name of Committee: National Library of HUMAN SERVICES Rockville Pike, Bethesda, MD 20892. Medicine Special Emphasis Panel, Scholarly Contact Person: Donald A.B. Lindberg, MD, Works/Publication Grants (G13) Review. National Institutes of Health Director, National Library of Medicine, 8600 Date: July 9–10, 2009. Time: July 9, 2009, 5:30 p.m. to 8:30 p.m. Rockville Pike, Bethesda, MD 20894, 301– Agenda: To review and evaluate grant National Library of Medicine; Notice of 496–6221, [email protected]. applications. Meetings Any interested person may file written Place: Embassy Suites at the Chevy Chase Pursuant to section 10(d) of the comments with the committee by forwarding Pavilion, 4300 Military Road, NW., Federal Advisory Committee Act, as the statement to the Contact Person listed on Washington, DC 20015. amended (5 U.S.C. Appendix 2), notice this notice. The statement should include the Time: July 10, 2009, 8 a.m. to 4:30 p.m. is hereby given of meetings of the Board name, address, telephone number and when Agenda: To review and evaluate grant of Regents of the National Library of applicable, the business or professional applications. Medicine. affiliation of the interested person. Place: Embassy Suites at the Chevy Chase The meetings will be open to the In the interest of security, NIH has Pavilion, 4300 Military Road, NW., public as indicated below, with instituted stringent procedures for entrance Washington, DC 20015. attendance limited to space available. onto the NIH campus. All visitor vehicles, Contact Person: Zoe E. Huang, MD, Individuals who plan to attend and including taxicabs, hotel, and airport shuttles Scientific Review Officer, Division of need special assistance, such as sign will be inspected before being allowed on Extramural Programs, National Library of Medicine, National Institutes of Health, 6705 language interpretation or other campus. Visitors will be asked to show one form of identification (for example, a Rockledge Drive, Suite 301, MSC 7968, reasonable accommodations, should Bethesda, MD 20892–7968. (301) 594–4937. government-issued photo ID, driver’s license, notify the Contact Person listed below [email protected]. in advance of the meeting. or passport) and to state the purpose of their (Catalogue of Federal Domestic Assistance The meetings will be closed to the visit. Information is also available on the Program Nos. 93.879, Medical Library public in accordance with the Assistance, National Institutes of Health, Institute’s/Center’s home page: http:// provisions set forth in sections HHS) 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., www.nlm.nih.gov/od/bor/bor.html, where an as amended. The grant applications and agenda and any additional information for Dated: March 19, 2009. the discussions could disclose the meeting will be posted when available. Jennifer Spaeth, confidential trade secrets or commercial (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory property such as patentable material, Program Nos. 93.879, Medical Library Committee Policy. and personal information concerning Assistance, National Institutes of Health, [FR Doc. E9–6650 Filed 3–25–09; 8:45 am] individuals associated with the grant HHS) BILLING CODE 4140–01–M

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DEPARTMENT OF HOMELAND used to replace funding traditionally involve regulatory non-compliances or SECURITY provided through general safety defects. ($34,100). appropriations, nor for any purposes Accident Investigation Tiger Team: Coast Guard except those purposes authorized; Funding was provided to continue to [Docket No. USCG–2008–1183] namely, for personnel and activities provide on-call expert accident directly related to coordinating and investigative services for any boating Accounting of Recreational Boating carrying out the national recreational accident that appeared to involve a Safety Projects, Programs and boating safety program. Amounts made regulatory non-compliance or safety Activities Funded Under Provisions of available each fiscal year from 1999 defect. ($104,120). the Transportation Equity Act for the through 2008 shall remain available Web-Based Document Management 21st Century until expended. System: Funding was provided to Use of these funds requires continue to provide a Web-based AGENCY: Coast Guard, DHS. compliance with standard Federal document management system to better ACTION: Notice. contracting rules with associated lead enable the handling of thousands of and processing times resulting in a lag recreational boating recall case and SUMMARY: In 1999, the Transportation time between available funds and campaign reports. ($54,078). Equity Act for the 21st Century made $5 spending. The total amount of funding Recreational Boating Safety (RBS) million available to the Secretary of transferred to the Coast Guard from the Outreach Program: Funding was Homeland Security for payment per Sport Fish Restoration and Boating provided for this program which year of Coast Guard expenses for Trust Fund and committed, obligated, provides full marketing, media, public personnel and activities directly related and/or expended during fiscal year 2008 information, and program strategy to coordinating and carrying out the for each activity is shown below. support to the nation-wide RBS effort. national recreational boating safety Factory Visit Program: Funding was The goal is to coordinate the RBS program. In 2005, the law was amended provided to continue the national outreach initiatives and campaigns and the amount was increased to $5.5 recreational boat factory visit program, some of which include: National million. The Coast Guard is publishing initiated in January 2001. The factory Boating Under the Influence Campaign this notice published to satisfy a visit program currently allows (BUI), ‘‘You’re in Command. Boat requirement of the Act that a detailed contractor personnel, acting on behalf of Responsibly!’’, PFD Wear, Vessel Safety accounting of the projects, programs, the Coast Guard, to visit 2,000 Check Program (VSC), Boating Safety and activities funded under the national recreational boat manufacturers each Education Courses, Propeller Strike recreational boating safety program year to either inspect for compliance Avoidance, Carbon Monoxide provision of the Act be published with Federal regulations, communicate Poisoning, and other recreational annually in the Federal Register. In this with the manufacturers as to why they boating safety issues on an as needed notice, we have specified the amount of need to comply with Federal basis. ($865,875). monies the Coast Guard has committed, regulations, or educate them, as Boating Accident Report Database obligated, or expended during fiscal necessary, on how to comply with (BARD) Web System: BARD Web System year 2008, as of September 30, 2008. Federal regulations. ($2,306,062). funding enables reporting authorities in FOR FURTHER INFORMATION CONTACT: Jeff Radar Reflective Gelcoat Testing: the 50 States, five U.S. Territories, and Ludwig, Regulations Development Funding was provided to Carderock the District of Columbia to manage their Manager, telephone 202–372–1062, fax Naval Surface Warfare Center to test and accident reports electronically over a 202–372–1932. evaluate a newly developed coating secure Internet environment. The Background and Purpose: The that, when properly applied to system also enables the user community Transportation Equity Act for the 21st fiberglass, should greatly increase the to generate statistical reports that show Century became law on June 9, 1998 radar reflectivity of the fiberglass. If the the frequency, nature, and severity of (Pub. L. 105–178; 112 Stat. 107). The test results prove positive, applying the boating accidents. FY 08 funds Act required that of the $5 million made radar reflective coating to fiberglass supported system maintenance, available to carry out the national recreational boats would greatly development, and technical (hotline) recreational boating safety program each increase the ability to detect these support. ($462,586). year, $2 million shall be available only vessels using radar which would Personnel Support: Funding was to ensure compliance with Chapter 43 of improve boating safety, would improve provided for personnel to support the Title 46, U.S. Code—Recreational the ability to find boats in distress, development of new regulations, to Vessels. On September 29, 2005, the would improve navigability of multiuse support new contracting activities Sportfishing and Recreational Boating waterways, and would improve the associated with the additional funding, Safety Amendments Act of 2005 was ability to maintain security zones. and to monitor and manage the enacted (Pub. L. 109–74; 119 Stat. 2031). ($58,000). contracts awarded. ($689,521). This Act increased the funds available New Recreational Boating Safety Reimbursable Salaries: Funding was to the national recreational boating Associated Travel: Travel by employees provided to carry out the work as safety program from $5 million to $5.5 of the Boating Safety Division was prescribed in 46 U.S.C. 13106(c) and as million annually, and stated that ‘‘not performed to carry out additional described herein. The first function was less than’’ $2 million shall be available recreational boating safety actions and that of a professional mathematician/ only to ensure compliance with Chapter to gather background and planning statistician to conduct necessary 43 of Title 46, U.S. Code—Recreational information for new recreational boating national surveys and studies as well as Vessels. safety initiatives. ($10,469). to serve as a liaison to other Federal The responsibility to administer these Boating Accident News Clipping agencies that are conducting boating funds was delegated to the Commandant Service: Funding was provided to surveys so that we can pool our of the United States Coast Guard. continue to gather daily news stories of resources and reduce costs. The second Subsection (c) of section 7405 of the Act recreational boating accidents nationally function was that of Outreach directs that no funds available to the for more real time accident information coordinator for special RBS campaigns Secretary under this subsection may be and to identify accidents that may with responsibility of overseeing and

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managing all RBS related projects in Administration, 601 South 12th Street, and (4) total amount of cargo screened, support of ‘surge campaigns’ for such Arlington, VA 20598–6011. including cargo screened at 100 percent elements as: Carbon monoxide FOR FURTHER INFORMATION CONTACT: and cargo screened at 50 percent. poisoning, boating under the influence Ginger LeMay, PRA Officer, Office of Foreign air carriers are required to of alcohol or drugs, operation Information Technology, TSA–11, provide this information via electronic BoatSmart, etc. ($274,696). Transportation Security Administration, means. Foreign air carriers with limited Of the $5.5 million made available to 601 South 12th Street, Arlington, VA electronic systems may need to modify the Coast Guard in fiscal year 2008, 20598–6011; telephone (571) 227–3616; their current systems or generate a new $2,854,920 has been committed, e-mail: [email protected]. computer system in order to submit the obligated, or expended and an SUPPLEMENTARY INFORMATION: requested information. Additionally, additional $2,004,587 of prior fiscal year foreign air carriers must maintain these funds have been committed, obligated Comments Invited records as well as training records for or expended, as of September 30, 2008. In accordance with the Paperwork crew members and individuals Approximately $8.8 million has not Reduction Act of 1995 (44 U.S.C. 3501 performing security-related functions, been committed, obligated, or expended et seq.), an agency may not conduct or and make them available to TSA for from previous years, and is being sponsor, and a person is not required to inspection upon request. reserved for a multi-year national respond to, a collection of information Foreign air carriers must conduct a boating survey. unless it displays a valid OMB control comparison of their passenger names Publication of this notice in the number. The ICR documentation is against the TSA-issued watch lists and Federal Register satisfies the available at http://www.reginfo.gov. report passengers who have been requirements of 46 U.S.C. 13107(c)(4). Therefore, in preparation for OMB confirmed as a match to the TSA watch The Coast Guard has also submitted a review and approval of the following lists. TSA will continue to collect copy of this notice for publication on information collection, TSA is soliciting information to determine foreign air http://www.Grants.gov. comments to— carrier compliance with other Dated: March 11, 2009. (1) Evaluate whether the proposed requirements of 49 CFR part 1546. J.A. Watson, information requirement is necessary for TSA estimates that there will be approximately 252 respondents to the Rear Admiral, U.S. Coast Guard, Director of the proper performance of the functions Prevention Policy. of the agency, including whether the information collection, with an annual burden estimate of 747,462 hours. [FR Doc. E9–6807 Filed 3–25–09; 8:45 am] information will have practical utility; BILLING CODE 4910–15–P (2) Evaluate the accuracy of the Issued in Arlington, Virginia, on March 20, agency’s estimate of the burden; 2009. (3) Enhance the quality, utility, and Ginger LeMay, DEPARTMENT OF HOMELAND clarity of the information to be Paperwork Reduction Act Officer, Office of SECURITY collected; and Information Technology. (4) Minimize the burden of the [FR Doc. E9–6682 Filed 3–25–09; 8:45 am] Transportation Security Administration collection of information on those who BILLING CODE 9110–05–P [Docket No. TSA–2002–11602] are to respond, including using appropriate automated, electronic, Intent To Request Renewal From OMB mechanical, or other technological DEPARTMENT OF HOUSING AND of One Current Public Collection of collection techniques or other forms of URBAN DEVELOPMENT Information: Security Programs for information technology. [Docket No. FR–5285–N–07] Foreign Air Carriers Information Collection Requirement AGENCY: Transportation Security 1652–0005; Security Programs for Notice of Proposed Information Administration, DHS. Foreign Air Carriers, 49 CFR Part 1546. Collection: Comment Request; ACTION: 60 day reinstatement notice. TSA uses the information collected to Insurance Termination Request for determine compliance with 49 CFR part Multifamily Mortgage SUMMARY: The Transportation Security 1546 and to ensure passenger safety by AGENCY: Office of the Assistant Administration (TSA) invites public monitoring foreign air carrier security Secretary for Housing—Federal Housing comment on one currently approved procedures. Foreign air carriers must Commissioner, HUD. Information Collection Request (ICR), carry out security measures to protect Office of Management and Budget persons and property against acts of ACTION: Notice. (OMB) control number 1652–0005. The criminal violence, aircraft piracy, and ICR, which is abstracted below, will be SUMMARY: The proposed information terrorist activities. This information collection requirement described below submitted to OMB for reinstatement in collection is mandatory for foreign air compliance with the Paperwork will be submitted to the Office of carriers and must be submitted prior to Management and Budget (OMB) for Reduction Act. The ICR describes the entry into the United States. nature of the information collection and review, as required by the Paperwork The information TSA collects Reduction Act. The Department is its expected burden. This information includes identiftying information on collection is mandatory for foreign air soliciting public comments on the foreign air carriers’ flight crews and subject proposal. carriers and must be submitted prior to passengers. Specifically, TSA requires entry into the United States. foreign air carriers to submit the DATES: Comments Due Date: May 26, DATES: Send your comments by May 26, following information: (1) A master 2009. 2009. crew list of all flight and cabin crew ADDRESSES: Interested persons are ADDRESSES: Comments may be mailed members flying to and from the United invited to submit comments regarding or delivered to Ginger LeMay, PRA States; (2) the flight crew list on a flight- this proposal. Comments should refer to Officer, Office of Information by-flight basis; (3) passenger the proposal by name and/or OMB Technology, Transportation Security information on a flight-by-flight basis; Control Number and should be sent to:

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Lillian Deitzer, Departmental Reports Authority: The Paperwork Reduction Act burden of the proposed collection of Management Officer, QDAM, of 1995, 44 U.S.C., Chapter 35, as amended. information; (3) Enhance the quality, Department of Housing and Urban Dated: March 19, 2009. utility, and clarity of the information to Development, 451 7th Street, SW., Ronald Y. Spraker, be collected; and (4) Minimize the Washington, DC 20410; e-mail burden of the collection of information _ _ Acting General Deputy Assistant Secretary Lillian L. [email protected] or for Housing—Deputy Federal Housing on those who are to respond; including telephone (202) 402–8048. Commissioner. the use of appropriate automated FOR FURTHER INFORMATION CONTACT: [FR Doc. E9–6700 Filed 3–25–09; 8:45 am] collection techniques or other forms of Beverly Miller, Director, Office of Asset BILLING CODE 4210–67–P information technology, e.g., permitting Management, Department of Housing electronic submission of responses. and Urban Development, 451 7th Street, This Notice also lists the following SW., Washington, DC 20410, telephone DEPARTMENT OF HOUSING AND information: (202) 402–2598 (this is not a toll free URBAN DEVELOPMENT Title of Proposal: Personal Financial number) for copies of the proposed and Credit Statement. [Docket No. FR–5285–N–08] forms and other available information. OMB Control Number, if applicable: SUPPLEMENTARY INFORMATION: The 2502–0001 Personal Financial and 2502–0001. Department is submitting the proposed Credit Statement Description of the need for the information collection to OMB for information and proposed use: The review, as required by the Paperwork AGENCY: Office of the Assistant information collection is legally Reduction Act of 1995 (44 U.S.C. Secretary for Housing, HUD. required to collect information to Chapter 35, as amended). ACTION: Notice. evaluate the character, ability, and This Notice is soliciting comments capital or the sponsor, mortgagor, and from members of the public and affected SUMMARY: The proposed information general contractor for mortgage agencies concerning the proposed collection requirement described below insurance. collection of information to: (1) Evaluate will be submitted to the Office of Agency form numbers, if applicable: whether the proposed collection is Management and Budget (OMB) for HUD–9241. necessary for the proper performance of review, as required by the Paperwork Estimation of the total numbers of the functions of the agency, including Reduction Act. The Department is hours needed to prepare the information whether the information will have soliciting public comments on the collection including number of practical utility; (2) evaluate the subject proposal. respondents, frequency of response, and accuracy of the agency’s estimate of the DATES: Comments Due Date: May 26, hours of response: The number of burden of the proposed collection of 2009. burden hours is 16,000. The number of information; (3) enhance the quality, ADDRESSES: Interested persons are respondents is 2,000. The estimated utility, and clarity of the information to invited to submit comments regarding number of annual responses is 2,000. be collected; and (4) minimize the this proposal. Comments should refer to The frequency of each response is once burden of the collection of information the proposal by name and/or OMB for each application submitted for on those who are to respond; including Control Number and should be sent to: mortgage insurance. the use of appropriate automated Lillian Deitzer, Departmental Reports Status of the proposed information collection techniques or other forms of Management Officer, QDAM, collection: This is an existing collection information technology, e.g., permitting Department of Housing and Urban in use without an OMB control number. electronic submission of responses. Development, 451 7th Street, SW., This Notice also lists the following Authority: The Paperwork Reduction Act Washington, DC 20410; e-mail of 1995, 44 U.S.C., Chapter 35, as amended. information: _ _ Lillian L. [email protected] or Dated: March 19, 2009. Title of Proposal: Insurance telephone (202)402–8048. Termination Request for Multifamily Ronald Y. Spraker, FOR FURTHER INFORMATION CONTACT Joyce Mortgage. Acting General Deputy Assistant Secretary OMB Control Number, if applicable: Allen, Director, Office of Multifamily for Housing—Deputy Federal Housing 2502–0416. Development, Department of Housing Commissioner. Description of the need for the and Urban Development, 451 7th Street, [FR Doc. E9–6705 Filed 3–25–09; 8:45 am] SW., Washington, DC 20410, telephone information and proposed use: The BILLING CODE 4210–67–P information collection is used to notify (202) 708–1142 (this is not a toll free HUD that the mortgagor and mortgagee number) for copies of the proposed forms and other available information. mutually agree to terminate the HUD DEPARTMENT OF THE INTERIOR multifamily mortgage insurance. SUPPLEMENTARY INFORMATION: The Agency form numbers, if applicable: Department is submitting the proposed Fish and Wildlife Service HUD–9807. information collection to OMB for Estimation of the total numbers of review, as required by the Paperwork [FWS–R2–ES–2009–N0064; 20124–1113– hours needed to prepare the information Reduction Act of 1995 (44 U.S.C. 0000–F5] collection including number of Chapter 35, as amended). Endangered and Threatened Species respondents, frequency of response, and This Notice is soliciting comments Permit Applications hours of response: The number of from members of the public and affected burden hours is 315.75. The number of agencies concerning the proposed AGENCY: Fish and Wildlife Service, respondents is 600, the number of collection of information to: (1) Evaluate Interior. responses is 600, the frequency of whether the proposed collection is ACTION: Notice of receipt of applications; response is on occasion, and the burden necessary for the proper performance of request for public comment. hour per response is 1.0. the functions of the agency, including Status of the proposed information whether the information will have SUMMARY: The following applicants have collection: This is an extension of a practical utility; (2) Evaluate the applied for scientific research permits to currently approved collection. accuracy of the agency’s estimate of the conduct certain activities with

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endangered species under the Permit TE–207880 conduct presence/absence surveys of Endangered Species Act of 1973, as Applicant: Steven Taylor, Champaign, the following species: Peck’s Cave amended (Act). The Act requires that we Illinois. amphipod (Stygobromus peckii), Comal invite public comment on these permit Spring dryopid beetle (Stygoparnus applications. Applicant requests a new permit for comalensis), Coffin Cave mold beetle research and recovery purposes to DATES: To ensure consideration, written (Batrisodes texanus), Helotes mold comments must be received on or before conduct presence/absence surveys of beetle (Batrisodes venyivi), Comal April 27, 2009. the following species: Peck’s Cave Springs riffle beetle (Heterelmis amphipod (Stygobromus peckii), Comal ADDRESSES: Written comments should comalensis), ground beetle (Rhadine Spring dryopid beetle (Stygoparnus be submitted to the Chief, Endangered exilis), ground beetle (Rhadine comalensis), Coffin Cave mold beetle Species Division, Ecological Services, infernalis), Tooth Cave ground beetle (Batrisodes texanus), Helotes mold P.O. Box 1306, Room 6034, (Rhadine persephone), Robber Baron beetle (Batrisodes venyivi), Comal Albuquerque, New Mexico 87103. Cave meshweaver (Cicurina baronia), Springs riffle beetle (Heterelmis Documents and other information Madla Cave meshweaver (Cicurina comalensis), ground beetle (Rhadine submitted with these applications are venii), Braken Bat Cave meshweaver exilis), ground beetle (Rhadine available for review, subject to the (Cicurina venii), Government Canyon infernalis), Tooth Cave ground beetle requirements of the Privacy Act and Bat Cave meshweaver (Cicurina (Rhadine persephone), Robber Baron Freedom of Information Act. Documents vespera), Government Canyon Bat Cave Cave meshweaver (Cicurina baronia), will be available for public inspection, spider (Neoleptoneta microps), Tooth Madla Cave meshweaver (Cicurina by appointment only, during normal Cave spider (Neoleptoneta myopica), venii), Braken Bat Cave mesheweaver business hours at the U.S. Fish and Tooth Cave pseudoscorpion (Cicurina venii), Government Canyon Wildlife Service, 500 Gold Ave., SW., (Tartarocreagris texana), Bee Creek Bat Cave meshweaver (Cicurina Room 6034, Albuquerque, New Mexico. harvestman (Texella reddelli), Bone vespera), Government Canyon Bat Cave Please refer to the respective permit Cave harvestman (Texella reyesi), spider (Neoleptoneta microps), Tooth number for each application when Kretschmarr Cave mold beetle Cave spider (Neoleptoneta myopica), submitting comments. (Texamaurops reddelli), Cokendolpher Tooth Cave pseudoscorpion FOR FURTHER INFORMATION CONTACT: Cave harvestman (Texella (Tartarocreagris texana), Bee Creek Susan Jacobsen, Chief, Endangered cokendolpheri), San Marcos salamander harvestman (Texella reddelli), Bone (Eurycea nana), and Texas blind Species Division, P.O. Box 1306, Cave harvestman (Texella reyesi), and Albuquerque, New Mexico 87103, (505) salamander (Eurycea rathbuni) within Robber Baron Cave harvestman (Texella Texas. 248–6920. cokendolpheri) within Texas. SUPPLEMENTARY INFORMATION: Permit TE–819528 Permit TE–207893 Public Availability of Comments Applicant: New Mexico Natural Applicant: Robert Edwards, Edinburg, Heritage Program, Albuquerque, New Before including your address, phone Texas. number, e-mail address, or other Mexico. personal identifying information in your Applicant requests a new permit for Applicant requests an amendment to comment, you should be aware that research and recovery purposes to a current permit for research and your entire comment—including your conduct presence/absence surveys of recovery purposes to conduct presence/ personal identifying information—may the following species: Rio Grande absence surveys of northern aplomado be made publicly available at any time. silvery minnow (Hybognathus amarus), falcon (Falco femoralis septentrionalis) While you can ask us in your comment Big bend gambusia (Gambusia gaigei), within New Mexico. Clear Creek gambusia (Gambusia to withhold your personal identifying Authority: 16 U.S.C. 1531 et seq. information from public review, we heterochir), Comanche Springs pupfish cannot guarantee that we will be able to (Cyprinodon elegans), Pecos gambusia Dated: March 18, 2009. do so. (Gambusia nobilis), Leon Springs Brian A. Millsap, pupfish (Cyprinodon bovines), San Acting Regional Director, Southwest Region, Permit TE–207369 Marcos gambusia (Gambusia georgei), Fish and Wildlife Service. Applicant: U.S. Army Garrison, and fountain darter (Etheostoma [FR Doc. E9–6568 Filed 3–25–09; 8:45 am] Environmental and Natural Resources fonticola) within Texas. BILLING CODE 4310–55–P Division, Fort Huachuca, Arizona. Permit TE–202343 Applicant requests a new permit for research and recovery purposes to Applicant: Daniel Ginter, Tucson, DEPARTMENT OF THE INTERIOR propagate and transplant Huachuca Arizona. water umbel (Lilaeopsis schaffneriana Applicant requests a new permit for Bureau of Land Management spp. recurva) within Arizona. research and recovery purposes to conduct presence/absence surveys of [LLAKA01000. L16100000. DQ0000. Permit TE–207863 lesser long-nosed bat (Leptonycteris LXSI086L0000] Applicant: URS Corporation, Austin, curasoae yerbabuenae) and Texas. southwestern willow flycatcher Notice of Intent To Prepare Ring of Fire Resource Management Plan Applicant requests a new permit for (Empidonax taillii extimus) within Amendment and Supplemental research and recovery purposes to Arizona and New Mexico. Environmental Impact Statement, conduct presence/absence surveys of Permit TE–208531 Alaska the following species: golden-cheeked Applicant: Sarah Zappitello, Buda, warbler (Dendroica chrysoparia), black- AGENCY: Bureau of Land Management, Texas. capped vireo (Vireo atricapillus), and Interior. Houston toad (Bufo houstonensis) Applicant requests a new permit for ACTION: Notice of intent. within Oklahoma and Texas. research and recovery purposes to

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SUMMARY: The Bureau of Land suited to local, regional, and national 2. Issues to be resolved through policy Management (BLM) Anchorage Field needs and concerns. or administrative action, or Office, Anchorage, Alaska, intends to The purpose of the public scoping 3. Issues beyond the scope of this prepare a Resource Management Plan process and public scoping meetings is plan. (RMP) Amendment with an associated to identify relevant issues that will The BLM will explain in the plan why Supplemental Environmental Impact influence the scope of the an issue was placed in category two or Statement (EIS) for the Haines planning environmental analysis and three. In addition to these major issues, block of the Ring of Fire RMP and by Supplemental EIS alternatives. These a number of management questions and this notice is announcing the beginning issues also guide the planning process. concerns will be addressed in the plan. of the public scoping process. You may submit comments on issues The public is encouraged to help DATES: The BLM will announce public and planning criteria in writing to the identify these questions and concerns scoping meetings in Anchorage, Haines, BLM at any public scoping meeting, or during the scoping phase. and Skagway, Alaska through local you may submit them to the BLM using Preliminary planning criteria include news media, newsletters, and the BLM one of the methods listed in the the following: 1. Multiple use is the primary Web site (http://www.blm.gov/ak) at ADDRESSES section above. Before function of BLM-administered public least 15 days prior to each meeting. We including your address, phone number, lands. will provide formal opportunities for e-mail address, or other personal 2. Areas to be addressed are the public comment upon publication of the identifying information in your surface acres administered by the BLM Draft RMP Amendment and comment, you should be aware that your entire comment—including your in the Haines planning block. Supplemental EIS, including a 90-day 3. Decisions will be limited to those public comment period. Please submit personal identifying information—may be made publicly available at any time. related to recreation, wildlife, travel your comments on or before June 24, management, an ACEC and an SRMA. 2009. While you can ask us in your comment to withhold your personal identifying 4. Valid existing rights will be ADDRESSES: You may submit comments information from public review, we protected throughout the planning area. 5. Plans and policies of adjacent land by any of the following methods: cannot guarantee that we will be able to • owners/managers will be considered. Web Site: http://www.blm.gov/ak. do so. • E-Mail: [email protected]. 6. The BLM will encourage and • Preliminary issues and management participate in collaborative planning. Fax: (907) 267–1267. concerns identified by BLM personnel, • 7. Identification, designation, and Mail: BLM-Anchorage Field Office, other agencies, and individuals and user Attention—Ring of Fire Amendment, protection of an SRMA and an ACEC groups represent the BLM’s knowledge will receive full consideration. 4700 BLM Road, Anchorage, AK 99507. to date regarding existing issues and Documents pertinent to this proposal 8. The BLM will comply with all concerns with current land relevant laws, statutes, regulations, may be examined at the Anchorage management. The major issue that will Field Office, 4700 BLM Road, manuals, and handbooks. be addressed in this planning effort 9. Subsistence uses will be considered Anchorage, AK 99507. relates to potential impacts on wildlife and adverse impacts minimized in FOR FURTHER INFORMATION CONTACT: For populations from recreation activities accordance with Section 810 of information and/or to have your name occurring on BLM-managed lands in the ANILCA. added to the mail list, contact Beth Haines Block. 10. This resource management plan Maclean, Ring of Fire Amendment Team The BLM will analyze the following amendment will conform to the _ Leader, (beth [email protected]) at decisions through the RMP Amendment Bureau’s H–1601–1 Land Use Planning (907) 267–1214. and Supplemental EIS: Handbook. SUPPLEMENTARY INFORMATION: This • Whether to designate any of the 11. The plan will be consistent with document provides notice that the BLM Haines Block lands as an Area of the Alaska Land Health Standards. Anchorage Field Office, Anchorage, Critical Environmental Concern (ACEC), 12. Areas of proposed ACEC Alaska, intends to prepare an RMP • Whether to retain the Haines Block designation will meet the criteria found Amendment with an associated Special Recreation Management Area in 43 CFR 1610.7–2. Supplemental EIS for the Haines (SRMA) designation, and The BLM will use an interdisciplinary planning block of the Ring of Fire RMP • What terms and conditions for approach while developing the plan to and announces the beginning of the special recreation permits in the Haines ensure consideration of the variety of public scoping process. Block lands should be developed. resource issues and concerns identified. If the Haines Block SRMA designation The planning area is located in Thomas P. Lonnie, southeast Alaska. Bound by the is retained, the BLM, through the RMP State Director. Canadian border to the north and east Amendment and Supplemental EIS, and the Haines Borough boundary to the will: [FR Doc. E9–6792 Filed 3–25–09; 8:45 am] south and west, the planning area • Decide whether to change the BILLING CODE 4310–JA–P encompasses the towns of Haines and boundaries of the SRMA, Skagway. This planning activity • Make SRMA decisions as outlined DEPARTMENT OF THE INTERIOR encompasses approximately 320,000 in the Appendix C of the H–1601–1 acres of public land. The plan will Land Use Planning Handbook, and Bureau of Land Management fulfill the needs and obligations set forth • Develop a Special Recreation by the National Environmental Policy Management Plan (SRMP) for the [LLUT920–09–L13200000–EL000, UTU– Act (NEPA), the Federal Land Policy Haines Block SRMA. 87061] and Management Act (FLPMA), and The BLM will evaluate the identified Notice of Invitation To Participate in BLM management policies. The BLM issues to be addressed in the plan and Coal Exploration License, Utah will work collaboratively with will place them into one of three interested parties to identify the categories: AGENCY: Bureau of Land Management, management decisions that are best 1. Issues to be resolved in the plan, Interior.

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ACTION: Notice of Invitation to All of the coal in the above-described Salt Lake City, Utah 84145, and to Mark Participate in Coal Exploration License. land consists of unleased Federal coal Bunnell, Senior Geologist, Ark Land within the Uinta-Southwestern Utah Company, c/o Canyon Fuel Co., LLC, SUMMARY: Pursuant to section 2(b) of the Known Coal Region. This coal Skyline Mines, HC35, Box 380, Helper, Mineral Leasing Act of 1920, as exploration license will be issued by the Utah 84526. Bureau of Land Management. This amended by section 4 of the Federal SUPPLEMENTARY INFORMATION: exploration program will obtain coal This Coal Leasing Amendments Act of 1976, notice of invitation to participate was 90 Stat. 1083, 30 U.S.C. 201(b), and to data to supplement data from adjacent coal development. The exploration published in The Richfield Reaper, once the regulations adopted as 43 CFR part each week for two consecutive weeks 3410, all interested qualified parties, as program is fully described and is being conducted pursuant to an exploration beginning the second week of February, provided in 43 CFR 3472.1, are hereby 2009 and in the Federal Register. invited to participate with Ark Land plan approved by the Bureau of Land Company on a pro rata cost sharing Management (BLM). The plan may be Any person seeking to participate in this exploration program must send basis in its program for the exploration modified to accommodate the legitimate exploration needs of persons seeking to written notice to both the BLM and Ark of coal deposits in certain Federal coal participate. Land Company, as provided in the deposits owned by the United States of ADDRESSES section above, no later than America in the following-described ADDRESSES: Copies of the exploration thirty days after publication of this lands in Sevier County, Utah: plan and license are available for review during normal business hours invitation in the Federal Register. T. 20 S., R. 5 E., SLM, Utah, (serialized under the number of UTU 1 The foregoing is published in the Sec. 31, SE ⁄4; 87061) in the public room of the BLM Federal Register pursuant to 43 CFR T. 21 S., R. 4 E., SLM, Utah, State Office, 440 West 200 South, Suite 3410.2–1(c)(1). Sec. 1, all; 500, Salt Lake City, Utah. The written T. 21 S., R. 5 E., SLM, Utah, notice to participate in the exploration Jeff Rawson, Sec. 6, all. program should be sent to both the Assoc. State Director. Containing 888.62 acres. BLM, Utah State Office, P.O. Box 45155, BILLING CODE 4310–DQ–P

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[FR Doc. E9–6793 Filed 3–25–09; 8:45 am] DEPARTMENT OF THE INTERIOR SUMMARY: In accordance with the BILLING CODE 4310–DQ–C Federal Land Policy and Management Bureau of Land Management Act of 1976 and the Federal Advisory Committee Act of 1972, the U.S. [OR–130–1020–AL; GP9–0123] Department of the Interior, Bureau of Notice of Public Meeting, Eastern Land Management (BLM) Eastern Washington Resource Advisory Washington Resource Advisory Council Council Meeting will meet as indicated below. DATES: AGENCY: Bureau of Land Management, Thursday, April 16, 2009, at the Interior. BLM Spokane District Office, 1103 N. Fancher Rd., Spokane Valley, WA ACTION: Notice of public meeting. 99212.

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SUPPLEMENTARY INFORMATION: The Dated: February 25, 2009. trail, a multi-purpose trail, and an open meeting will start at 9 a.m. and end at Dan Hollenkamp, grass play area. Additional detailed 3:30 p.m. The meeting will be open to Acting Field Manager. information pertaining to this the public and there will be an [FR Doc. E9–6745 Filed 3–25–09; 8:45 am] application, plan of development, and opportunity for public comments at 2:30 BILLING CODE site plan is in case file N–78725 at the p.m. Discussion will focus on the status BLM Las Vegas Field Office. of projects of interest and identification Lease and/or patent of the public land of topics for future meetings. DEPARTMENT OF THE INTERIOR shall be subject to valid existing rights. Subject to limitations prescribed by law FOR FURTHER INFORMATION CONTACT: Bureau of Land Management and regulation, prior to patent issuance, BLM Spokane District, 1103 N. Fancher a holder of any right-of-way within the Rd., Spokane Valley, WA 99212, or call [LLNVSO0000.L58530000.ES0000; N–78725; 9–08807; TAS: 14X5232] lease area may be given the opportunity (509) 536–1200. to amend the right-of-way for Dated: March 17, 2009. Lease/Conveyance of Public Lands for conversion to a new term, including Robert B. Towne, a City Park in Las Vegas, NV perpetuity, if applicable. District Manager. The land is not needed for any [FR Doc. E9–6753 Filed 3–25–09; 8:45 am] AGENCY: Bureau of Land Management, Federal purpose. The lease/conveyance Interior. BILLING CODE 4310–33–P is consistent with the BLM Las Vegas ACTION: Notice of realty action. Resource Management Plan, dated October 5, 1998, and would be in the DEPARTMENT OF THE INTERIOR SUMMARY: The Bureau of Land public interest. The lease/conveyance of Management has received a Recreation N–78725, when issued, will be subject Bureau of Land Management and Public Purposes (R&PP) Act request to the provisions of the R&PP Act and for lease and subsequent conveyance of applicable regulations of the Secretary approximately 10 acres of public land in [LLORS00100 63500000 PH0000 of the Interior, and will contain the LXSS030H0000; HAG 07–0158] Clark County for use as a public park. following reservations to the United The parcel of land is located in the States: Salem District Resource Advisory northwestern part of the Las Vegas 1. A right-of-way thereon for ditches Committee; Meeting Valley, northeast of the intersection of or canals constructed by the authority of Alpine Ridge Way and Iron Mountain the United States, Act of August 30, AGENCY: Bureau of Land Management . Road. 1890 (43 U.S.C. 945); and ACTION: Pursuant to the Federal DATES: Interested parties may submit 2. All minerals, together with the right Advisory Committee Act, the written comments regarding the to prospect for, mine, and remove such Department of the Interior, Bureau of proposed lease/ conveyance of the lands deposits from the same under applicable Land Management (BLM) announces the until May 11, 2009. law and such regulations as the Secretary of the Interior may prescribe. following advisory committee meeting: ADDRESSES: Mail written comments to The lease/conveyance will be subject the BLM Field Manager, Las Vegas Field to: Name: Salem District Resource Office, 4701 N. Torrey Pines Drive, Las Advisory Committee. 1. Valid existing rights. Vegas, NV 89130. On publication of this notice in the Time and Date: 8:30 a.m.to 4 p.m. FOR FURTHER INFORMATION CONTACT: Federal Register, the land described April 15 and 16, 2009 and April 22, and Kimber Liebhauser (702) 515–5088. will be segregated from all other forms 23, 2009 if needed. SUPPLEMENTARY INFORMATION: The of appropriation under the public land Place: Salem District Office, 1717 following described public land in Clark laws, including the general mining laws, Fabry Road SE, Salem, OR 97306. County, Nevada has been examined and except for lease/conveyance under the Status: Open to the public. found suitable for lease and subsequent R&PP Act, leasing under the mineral Matters To Be Considered: The conveyance under the provisions of the leasing laws, and disposals under the Resource Advisory Committee will R&PP Act, as amended (43 U.S.C. 869 et mineral material disposal laws. Interested parties may submit written consider proposed projects for Title II seq.) and is legally described as: comments regarding the specific use funding under Section 205 of the Secure Mount Diablo Meridian, Nevada proposed in the application and plan of Rural Schools and Community Self T. 19 S., R. 59 E., development, whether the BLM Determination Act of 2000 (Pub. L. 110– 1 1 1 1 Sec. 1, W ⁄2NE ⁄4SW ⁄4SE ⁄4 and followed proper administrative 343) that focus on maintaining or 1 2 1 4 1 4 1 4 E ⁄ NW ⁄ SW ⁄ SE ⁄ . procedures in reaching the decision to restoring water quality, land health, The area described contains 10 acres, more lease/convey under the R&PP Act, or forest ecosystems, and infrastructure. or less. any other factor not directly related to For More Information Contact: In accordance with the R&PP Act, the the suitability of the land for R&PP use. Program information, meeting records, City of Las Vegas filed an R&PP Any adverse comments will be reviewed and a roster of committee members may application to develop the above by the BLM Nevada State Director, who be obtained from Randy Gould, Salem described land as a public park. The may sustain, vacate, or modify this District Designated Official, 1717 Fabry City of Las Vegas is a political realty action. In the absence of any Road, Salem, OR 97306. 503–375–5682. subdivision of the State of Nevada and adverse comments, this realty action The meeting agenda will be posted at is therefore a qualified applicant under will become the final determination of http://www.blm.gov/or/districts/salem/ the R&PP Act. the Department of the Interior. rac when available. The proposed park and related Before including your address, phone Should you require reasonable facilities include basketball courts, number, e-mail address, or other accommodation, please contact the BLM tennis courts, a children’s play area, a personal identifying information in your Salem District 503–375–5682 as soon as children’s splash pad play area, group comment, you should be aware that possible. picnic armadas, an interpretive natural your entire comment—including your

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personal identifying information-may be [email protected] or The notifications were filed for the made publicly available at any time. mailed to P.O. Box 7611, U.S. purpose of invoking the Act’s provisions While you can ask us in your comment Department of Justice, Washington, DC limiting the recovery of antitrust to withhold your personal identifying 20044–7611, and should refer to In re plaintiffs to actual damages under information from public review, we Asarco LLC, DJ Ref. No. 90–11–3–08633. specified circumstances. cannot guarantee that we will be able to Commenters may request an Pursuant to Section 6(b) of the Act, do so. opportunity for a public meeting in the the identities of the parties to the Only written comments submitted by affected area, in accordance with venture are: Mistras Group Inc. DEA postal service or overnight mail to the Section 7003(d) of RCRA, 42 U.S.C. Physical Acoustics Corporation, Field Manager, BLM Las Vegas Field 6973(d). Princeton Junction, NJ; University of Office, will be considered properly The proposed Agreement may be Miami, Coral Gables, FL; University of filed. Electronic mail, facsimile, or examined at the Office of the United South Carolina, Columbia, SC; and telephone comments will not be States Attorney for the Southern District Virginia Polytechnic Institute and State considered properly filed. In the of Texas, 800 North Shoreline Blvd., University, Blacksburg, VA. absence of any adverse comments, the #500, Corpus Christi, TX 78476–2001, The general area of 70NANB9H9007’s decision will become effective on May or at the Region 6 Office of the United planned activity is to perform 26, 2009. The lands will not be available States Environmental Protection cooperative research for developing a for lease/conveyance until after the Agency, Fountain Place 12th Floor, self-powered wireless sensor network decision becomes effective. Suite 1200, 1445 Ross Avenue, Dallas, for structural bridge health prognosis. TX 75202–2733. During the public Authority: 43 CFR 2741.5. Patricia A. Brink, comment period, the proposed Dated: February 3, 2009. Deputy Director of Operations, Antitrust Agreement may also be examined on the Division. Kimber Liebhauser, following Department of Justice Web [FR Doc. E9–6378 Filed 3–25–09; 8:45 am] Assistant Field Manager, Division of Lands, site, http://www.usdoj.gov/enrd/ Las Vegas, Nevada. Consent_Decrees.html. A copy of the BILLING CODE [FR Doc. E9–6794 Filed 3–25–09; 8:45 am] proposed Agreement may also be BILLING CODE 4310–HC–P obtained by mail from the Consent DEPARTMENT OF JUSTICE Decree Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC Antitrust Division DEPARTMENT OF JUSTICE 20044–7611 or by faxing or e-mailing a request to Tonia Fleetwood Notice Pursuant to the National Notice of Lodging of Proposed ([email protected]), fax no. Cooperative Research and Production Settlement Agreement Under the (202) 514–0097, phone confirmation Act of 1993—National Center for Comprehensive Environmental number (202) 514–1547. In requesting a Manufacturing Sciences, Inc. Response, Compensation and Liability copy from the Consent Decree Library, Notice is hereby given that, on Act please enclose a check in the amount of February 4, 2009, pursuant to Section $10.25 (without attachments) or $23.50 6(a) of the National Cooperative Notice is hereby given that on March (with attachments) (25 cents per page Research and Production Act of 1993, 19, 2009, a proposed Consent Decree reproduction cost) payable to the U.S. 15 U.S.C. 4301 et seq. (‘‘the Act’’), and Settlement Agreement regarding Treasury. two sites in Texas was filed with the National Center for Manufacturing United States Bankruptcy Court for the Maureen Katz, Sciences, Inc. (‘‘NCMS’’) has filed Southern District of Texas in In re Assistant Section Chief, Environmental written notifications simultaneously Asarco LLC, No. 05–21207 (Bankr. S.D. Enforcement Section. with the Attorney General and the Tex.). The proposed Agreement entered [FR Doc. E9–6782 Filed 3–25–09; 8:45 am] Federal Trade Commission disclosing into by the United States (on behalf of BILLING CODE 4410–15–P changes in its membership. The the Environmental Protection Agency), notifications were filed for the purpose the state of Texas, and Asarco LLC of extending the Act’s provisions provides, inter alia, for the DEPARTMENT OF JUSTICE limiting the recovery of antitrust establishment of a custodial trust, the plaintiffs to actual damages under transfer of certain properties to that Antitrust Division specified circumstances. Specifically, trust, and funding of the trust with Notice Pursuant to the National A&P Technology, Inc., Cincinnati, OH; allowed administrative expense claims Cooperative Research and Production Analex Corporation, Fairfax, VA; for administrative and site cleanup Act of 1993—Joint Venture Under Tip Assembly Guidance Systems, Inc., costs. The proposed Agreement Award No. 70NANB9H9007 Chelmsford, MA; Automated Precision, provides the custodial trust with an Inc., Rockville, MD; Bayer allowed administrative expense claim of Notice is hereby given that, on MaterialScience LLC, Pittsburgh, PA; $52 million to cover its administrative February 2, 2009, pursuant to Section Clean Diesel Technologies, Inc., costs and fund cleanup work at certain 6(a) of the National Cooperative Stamford, CT; Henry Ford Health properties owned by Asarco in Amarillo Research and Production Act of 1993, System, Detroit, MI; Intelli-Check— and El Paso Texas. 15 U.S.C. 4301 et seq. (‘‘the Act’’) Joint Mobilisa, Inc., Alexandria, VA; MDS– The Department of Justice will receive Venture under TIP Award No. PRAD Technologies Corporation, Inc., comments relating to the proposed 70NANB9H9007 (‘‘70NANB9H9007’’) Slemon Park, Prince Edward Island, Agreement for a period of thirty (30) has filed written notifications CANADA; Steinbichler Optotechnik days from the date of this publication. simultaneously with the Attorney Gmbh, Neubeuern, GERMANY; and Comments should be addressed to the General and the Federal Trade Raytheon Company, McKinney, TX Assistant Attorney General, Commission disclosing (1) the identities have been added as parties to this Environment and Natural Resources of the parties to the venture and (2) the venture. Also, Adam Aircraft Industries, Division, and either e-mailed to nature and objectives of the venture. Englewood, CO; Advanced Technology

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Services, Inc., Peoria, IL; Bosch Rexroth DEPARTMENT OF JUSTICE 6(a) of the National Cooperative Corporation, Hoffman Estates, IL; Research and Production Act of 1993, Chrysler Corporation, Auburn Hills, MI; Antitrust Division 15 U.S.C. 4301 et seq. (‘‘the Act’’) Clockwork Solutions, Inc., Austin, TX; Development of Rapid, Reliable, and Notice Pursuant to the National Decagon Devices, Inc., Pullman, WA; Economical Methods for Inspection and Cooperative Research and Production Monitoring of Highway Bridges has filed DEKA Research & Development Act of 1993 Cooperative Research Corporation, Manchester, NH; written notifications simultaneously Group on the Development and with the Attorney General and the Dimensional Photonics International, Evaluation of a Gas Chromatograph Inc., Wilmington, MA; Ethereal Federal Trade Commission disclosing Testing Protocol (1) the identities of the parties to the Technologies, Inc., Ann Arbor, MI; venture and (2) the nature and ExOne Company, Irwin, PA; Extrude Notice is hereby given that, on objectives of the venture. The Hone Corporation, Irwin, PA; February 13, 2009, pursuant to Section 6(a) of the National Cooperative notifications were filed for the purpose Freundenberg-NOK General of invoking the Act’s provisions limiting Partnership, Plymouth, MI; General Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’) the recovery of antitrust plaintiffs to Motors Corporation, Warren, MI; Southwest Research Institute— actual damages under specified Hardinge Inc., Elmira, NY; Millennium Cooperative Research Group on circumstances. Cell Inc., Eatontown, NJ; Moore Tool Development and Evaluation of a Gas Pursuant to Section 6(b) of the Act, Company, Bridgeport, CT; MTI Micro Chromatograph Testing Protocol the identities of the parties to the Fuel Cells Inc., Albany, NY; Proto (‘‘GCTP’’) has filed written notifications venture are: The University of Texas at Manufacturing Inc., Ypsilanti, MI; simultaneously with the Attorney Austin, Austin, TX; National Protonex Technology Corporation, General and the Federal Trade Instruments Corporation, Austin, TX; Southborough, MA; Pukoa Scientific, Commission disclosing changes in its and Wiss, Janey, Elstner Associates, LLC, Oviedo, FL; Purdue University, nature and objective. The notifications Inc., Northbrook, IL. The general area of West Lafayette, IN; SCRA, N. were filed for the purpose of extending Development of Rapid, Reliable, and Charleston, SC; SFC Smart Fuel Cell the Act’s provisions limiting the Economical Methods for Inspection and AG, Brunnthal, GERMANY; Smiths recovery of antitrust plaintiffs to actual Monitoring of Highway Bridges’ Detection Danbury, Danbury, CT; STEP damages under specified circumstances. planned activity is to conduct certain Tools, Inc., Troy, NY; Systems Specifically, the period of performance specified research involving the development of innovative technologies Documentation Inc., South Plainfield, has been extended to March 15, 2009. for inspecting, monitoring, and NJ; TransCanada CNG Technologies No other changes have been made in evaluating critical components of the Ltd., Calgary, Alberta, CANADA; VCD either the membership or planned nation’s roadways and bridges Technologies, LLC, San Dimas, CA; and activity of the group research project. Membership in this group research (including the development of efficient, Waterjet Tech Inc., St. Louis, MO have project remains open, and GCTP intends accurate, low-cost and reliable wireless withdrawn as parties to this venture. to file additional written notifications sensors and related technologies that In addition, Radian Tool & disclosing all changes in membership. can provide quantitative assessments of Engineering has changed its name to On March 6, 2008, GCTP filed its the structural integrity or degree of Radian Precision, Troy, MI. original notification pursuant to Section deterioration of bridges and roadways). No other changes have been made in 6(a) of the Act. The Department of Patricia A. Brink, Justice published a notice in the Federal either the membership or planned Deputy Director of Operations, Antitrust activity of the group research project. Register pursuant to Section 6(b) of the Division. Membership in this group research Act on April 7, 2008 (73 FR 18813). The last notification was filed with [FR Doc. E9–6372 Filed 3–25–09; 8:45 am] project remains open, and NCMS the Department on November 26, 2008. BILLING CODE 4410–11–M intends to file additional written A notice was published in the Federal notification disclosing all changes in Register pursuant to Section 6(b) of the DEPARTMENT OF JUSTICE membership. Act on December 31, 2008 (73 FR On February 20, 1987, NCMS filed its 80430). Antitrust Division original notification pursuant to Section Patricia A. Brink, 6(a) of the Act. The Department of Notice Pursuant to the National Deputy Director of Operations, Antitrust Cooperative Research and Production Justice published a notice in the Federal Division. Register pursuant to Section 6(b) of the Act of 1993—Network Centric [FR Doc. E9–6376 Filed 3–25–09; 8:45 am] Act on March 17, 1987 (52 FR 8375). Operations Industry Consortium, Inc. BILLING CODE The last notification was filed with Notice is hereby given that, on the Department on November 14, 2007. February 18, 2009, pursuant to Section A notice was published in the Federal DEPARTMENT OF JUSTICE 6(a) of the National Cooperative Register pursuant to Section 6(b) of the Research and Production Act of 1993, Antitrust Division Act on February 20, 2008 (73 FR 9357). 15 U.S.C. 4301 et seq. (‘‘the Act’’) Network Centric Operations Industry Patricia A. Brink, Notice Pursuant to the National Cooperative Research and Production Consortium, Inc. has filed written Deputy Director of Operations, Antitrust notifications simultaneously with the Division. Act of 1993—Development of Rapid, Reliable, and Economical Methods for Attorney General and the Federal Trade [FR Doc. E9–6375 Filed 3–25–09; 8:45 am] Inspection and Monitoring of Highway Commission disclosing changes in its BILLING CODE 4410–11–M Bridges membership. The notifications were filed for the purpose of extending the Notice is hereby given that, on Act’s provisions limiting the recovery of February 24, 2009, pursuant to Section antitrust plaintiffs to actual damages

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under specified circumstances. DEPARTMENT OF JUSTICE Thailand; KPMG Advisory Spolka z Specifically, Assistant Secretary of ograniczona odpowiedzialnoscia Defense for Networks & Information Antitrust Division sp.k.ul., Warsaw, Poland; LGG Integration and Department of Defense Solutions, Colorado Springs, CO; Chief Information Officer, Washington, Notice Pursuant to the National Lightwolf Technologies LLC, Walpole, DC; MIT Lincoln Laboratory, Lexington, Cooperative Research and Production MA; Mantra Communication AB, MA; and Dataline, LLC, McLean, VA Act of 1993—Telemanagement Forum Go¨teborg, Sweden; Metrotek, Moscow, have been added as parties to this Notice is hereby given that, on Russia; mobily, Riyadh, Saudi Arabia; venture. January 16, 2009, pursuant to Section Mobitel, d.d., Ljubljana, Slovenia; Also, Sikorsky Aircraft, Stratford, CT; 6(a) of the National Cooperative MSTelcom, Luanda, Angola; MTN Ericsson Federal Inc., Columbia, MD; Research and Production Act of 1993, Zambia, Lusaka, Zambia; Nevogrid, Motorola, Inc., Schaumburg, IL; Institute 15 U.S.C. 4301 et seq. (‘‘the Act’’), Espoo, Finland; NetOne, Shinagawa-ku, for Defense Analyses, Alexandria, VA; TeleManagement Forum (‘‘the Forum’’) Tokyo, Japan; Nipsoft Business System Insta Group, Tampere, Finland; filed written notifications AB, Solleftea, Sweden; Noblis, Inc., DataPath, Inc., Duluth, GA; Management simultaneously with the Attorney Falls Church, VA; Ogilvy, London, and Engineering Technologies General and the Federal Trade United Kingdom; OpenVision Co., Ltd., International, Inc., El Paso, TX; CAE, St- Commission disclosing changes in its Bangkok, Thailand; Picsel Technologies Laurent, Quebec City, CANADA; U.S. membership. The notifications were Ltd., Glasgow, United Kingdom; Piran Department of Defense, Defense filed for the purpose of extending the Partners LLP, London, United Kingdom; Information Systems Agency, Falls Polystar OSIX, Farsta, Sweden; Process Act’s provisions limiting the recovery of Church, VA; Meteksan Defence Industry Management Consulting GmbH, antitrust plaintiffs to actual damages Inc., Ankara, TURKEY; and Iridium Munich, Germany; Q/P Management under specified circumstances. Satellite LLC, Bethesda, MD have Group of Canada, Nepean, Ontario, Specifically, AASKI Technology, Inc., withdrawn as parties to this venture. In Canada; RAO Infosystems, Chamaraja Ocean, NJ; ABIS & Associates Ltd, addition, ITT Industries changed its Mohalla, Karnataka, India; Red Zinc, Chessington, Surrey, United Kingdom; name to ITT Corporation, White Plains, Dublin, Ireland; RightStar Systems, AIST Limited, Stanmore, Middlesex, NY. In the past ninety (90) days, the Vienna, VA; Savvion, Santa Clara, CA; United Kingdom; Almira Labs, Tres Joint Venture learned that MilSOFT ScoZA Uganda Limited, Kampala, Cantos, Madrid, Spain; Altran-Europe, Yazilirn Teknolojileri A.S., Ankara, Uganda; Serafina Consulting Oy, Brussels, Belgium; Ariston Global, Turkey did not change its name to Jyvaskyla, Finland; ServicePilot Pittsford, NY; Arizona State University, MilSOFT ICT-Iletisim Teknolojileri Technologies, Pornichet, France; Sezmi Tempe, AZ; ARRIS Group Inc., A.S., as noted in the Joint Venture’s Corporation, Belmont, CA; Suwanee, GA; ASPire Digital notification filed under the Act on Site of Knowledge Group AB, Lund, Technologies (Shenzhen) Co., Ltd., October 12, 2007. Rather, in October of Sweden; SmartNet, Sa˜o Paulo, Brazil; Shenzhen, Guangong, People’s Republic 2007, MilSOFT Yazilim Teknolojileri Solidi Pte Ltd, Singapore, Singapore; of China; ATANOO Europe GmbH, Zug, A.S. transferred its membership in the Superna Business Consulting Inc., Switzerland; Austen Consultancy Joint Venture to MilSOFT ICT-Iletisim Ottawa, Ontario, Canada; Sybase SA, Services, Ltd., Hemel Hempstead, Teknolojileri A.S., Ankara, Turkey, an Johannesburg, Rivonia, South Africa; Hertfordshire, United Kingdom; Biap affiliate and sister company of MilSOFT Systems Research Private Limited, Systems, Inc., Sterling, VA; Islamabad, Pakistan; TailorMade, Yazilim Teknolojileri A.S. BlackArrow, Inc., San Mateo, CA; No other changes have been made in Sundbyberg, Sweden; Tata Boss Portal, Auckland, New Zealand; either the membership or planned Communications Ltd., Mumbai, India; Brighthouse Networks, East Syracuse, activity of the group research project. Telecom@Work, Bornem, Belgium; NY; British Sky Broadcasting Group plc, Membership in this group research Telfort B.V., Amsterdam, The Isleworth, United Kingdom; Call Genie, project remains open, and Network Netherlands; Texas Department of Inc., San Francisco, CA; Cloud Scope Centric Operations Industry Information Resources, Austin, TX; Technologies, Inc., Tokyo, Japan; Consortium, Inc. intends to file Thales Communications SA, Cedex, Computaris, Brentwood, Essex, additional written notifications France; The CNIA Group, Westfield, NJ; United Kingdom; Cricket disclosing all changes in membership. theNetStart Platform Ltd, Sheffield, On November 19, 2004, Network Communications, San Diego, CA; Cyan United Kingdom; T-Home, Darmstadt, Centric Operations Industry Optics, Petaluma, CA; Edge Germany; Trammell Craig & Associates, Consortium, Inc. filed its original Technologies, Fairfax, VA; e-globe Dillon, CO; UK Cabinet Office, London, notification pursuant to Section 6(a) of technologies AG, Bern, Switzerland; United Kingdom; University of Palermo, the Act. The Department of Justice Elektro-Slovenija d.o.o., Ljubljana, Palermo, Italy; uralsvyazinform JSC, published a notice in the Federal Slovenia; Ethiopian Ekaterinburg, Russia; Vertek Register pursuant to Section 6(b) of the Telecommunications Corporation, Corporation, Colchester, VT; VicTrack, Act on February 2, 2005 (70 FR 5486). Addis Ababa, Ethiopia; Front Porch, Docklands, Victoria, Canada; Wataniya The last notification was filed with Inc., Sonora, CA; HERMES SoftLab, Telecom Maldives Private Limited, the Department on November 26, 2008. Ljubljana, Slovenia; i2Cat, Barcelona, Hulhumale´, Male´, Republic of Maldives; A notice was published in the Federal Spain; Icesolutions, Ljubljana, Slovenia; and Zurich University of Applied Register pursuant to Section 6(b) of the Information Works, Ko¨ln, Germany; Sciences, Winterthur, Zurich, Act on December 31, 2008 (73 FR Innovative Systems, Mitchell, SD; ITS Switzerland, have been added as parties 80430). Telco Services GmbH, Ko¨ln, Germany; to this venture. IWF Consultoria e Terinamento, Also, Aircom International Ltd, Patricia A. Brink, Campinas, Sa˜o Paulo, Brazil; Leatherhead, Surrey, United Kingdom; Deputy Director of Operations, Antitrust Kazakhtelecom JSC, Astana, Sary-Arka, ArcSight, mc, Cupertino, CA; Avistas, Division. Republic of Kazakhstan; King Mongkut’s Irving, TX; Brix Networks, Chelmsford, [FR Doc. E9–6374 Filed 3–25–09; 8:45 am] University of Technology Thonburi, MA; Cellex Network Systems (2007) BILLING CODE Bangmod, Thung Karu District Bangkok, Ltd., Bne Beraq, Israel; CIMI Corp.,

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Voorhees, NJ; Comservice Networks Pty Consulting to Superna Business parties are encouraged to send Ltd, Melbourne, Victoria, Australia; Consulting mc; Tata Communication to comments to the Office of Information Conexion S.A., Asuncion, Paraguay; Tata Communications Ltd.; Telekom and Regulatory Affairs, Attn: OMB Desk GuangZhou Sunrise Electronics Malaysia Berhad to Telekom Malaysia Officer for the Department of Labor— Development Co., Ltd, Guangzhou, Berhad (TM); Telekom Serbia to ETA, Office of Management and Budget, Guangong, People’s Republic of China; Telekom Srbija; Thales Communications Room 10235, Washington, DC 20503, Infogix, Inc., Naperville, IL; IONA (France) to Thales Communications SA; Telephone: 202–395–7316/Fax: 202– Technologies, Waltham, MA; Truebaseline Corporation to TrueClick 395–6974 (these are not toll-free MaxProcess, Rio de Janeiro, Brazil; Solutions LLC; Windward IT Solutions numbers), E-mail: MOBIK d.o.o., Ljubljana, Slovenia; LLC to Windward IT Solutions. [email protected]. Netsure Telecom Ltd. Dublin 12, No other changes have been made in Comments and questions about the ICR Leinster, Ireland; Reachview either the membership or planned listed below should be received 5 days Technologies Inc., Atlanta, GA; Real activity of the group research project. prior to the requested OMB approval Time Engineering Limited, Glasgow, Membership in this group research date. Lanarkshire, United Kingdom; Servista project remains open, and the Forum The OMB is particularly interested in Ltd. London, Greater London, United intends to file additional written comments which: Kingdom; TechOne, Inc., Milpitas, CA; notifications disclosing all changes in • Evaluate whether the proposed TideStone Software (Shanghai) Corp., membership. collection of information is necessary Shanghai, People’s Republic of China; On October 21, 1988, the Forum filed for the proper performance of the Visionael Corporation, Mountain View, its original notification pursuant to functions of the agency, including CA; VSNL International, Matawan, NJ; Section 6(a) of the Act. The Department whether the information will have and Wisdom Networks Co., Ltd., of Justice published a notice in the practical utility; Chiyoda-ku, Tokyo, Japan, have Federal Register pursuant to Section • Evaluate the accuracy of the withdrawn as parties to this venture. 6(b) of the Act on December 8, 1988 (53 agency’s estimate of the burden of the The following members have changed FR 49615). proposed collection of information, their names: DVA AG Optical The last notification was filed with including the validity of the the Department on August 7, 2008. A methodology and assumptions used; Networking to ADVA Optical • Networking Ltd; Alcatel-Lucent Polska notice was published in the Federal Enhance the quality, utility, and Sp. z.o.o., to Alcatel-Lucent; Aricent Register pursuant to Section 6(b) of the clarity of the information to be Technologies (Holdings) Ltd, to Aricent; Act on November 10, 2008 (73 FR collected; and • Minimize the burden of the Arris uu to ARRIS Group Inc.; Bahrain 66673). collection of information on those who Telecommunications Company (BSC) to Patricia A. Brink, are to respond, including through the Bahrain Telecommunications Company Deputy Director of Operations, Antitrust use of appropriate automated, (Batelco); BlackArrow TV to Division. electronic, mechanical, or other BlackArrow Inc.; Brighthouse Networks, [FR Doc. E9–6373 Filed 3–25–09; 8:45 am] technological collection techniques or LLC to Brighthouse Networks; Sky to BILLING CODE 4410–11–M other forms of information technology, British Sky Broadcasting Group plc; e.g., permitting electronic submissions CANTV.NET to CANTV; Comarch to of responses. Comarch S.A.; Cominfo Consulting to DEPARTMENT OF LABOR Agency: Employment and Training Cominfo Consulting Group Ltd; Administration. Fundacao CPqD to CPqD; Fundacao Office of the Secretary Title of Collection: Planning Guidance Centro de Pesquisa e Desenvolvimento for Indian and Native American em Telecom to CPqD; Dux Diligens to Submission for OMB Emergency Program (INAP) and Senior Community DUXDILIGENS, S.A. DE C.V.; Eles, Review: Comment Request Service Employment Program (SCSEP) d.o.o. to Elektro-Slovenija d.o.o.; Ernst & Recovery Act Grants. Young Global Telecom Center to Ernst March 20, 2009. OMB Control Number: Pending. & Young CIS B.V., Moscow Branch; The Department of Labor has Frequency of Collection: One time KPMG CEE to KPMG Advisory Spolka z submitted the following information collection. organiczona odpowiedzialnoscia sp.k; collection request (ICR), utilizing Affected Public: INAP and SCSEP LGG Solutions, LLC to LGG Solutions; emergency review procedures, to the Grantees. Nokia Siemens Networks GmbH & Co. Office of Management and Budget Estimated Time per Respondent: 16 KG to Nokia Siemens Networks; (OMB) for review and clearance in hours. Gurulab.org to OOCorp; Openet accordance with the Paperwork Total Estimated Number of Telecom to Openet; OSSEra, Inc.1 to Reduction Act of 1995 (Pub. L. 104–13, Respondents: 219. OSSEra, Inc.; Picsel Technologies, Inc. 44 U.S.C. Chapter 35) and 5 CFR Total Estimated Annual Burden to Picsel Technologies Ltd.; WeDo 1320.13. OMB approval has been Hours: 3,504. Technologies to Praesidium; Process requested by April 6, 2009. A copy of Description: In February of 2009, Man GmbHagement Consulting to this ICR, with applicable supporting ETA’s Senior Community Service Process Management Consulting GmbH; documentation; including among other Employment Program (SCSEP) and the Promon Tecnologia to PromonLogicalis things a description of the likely Indian and Native American Programs Tecnologia SA; PT ExcelComindo respondents, proposed frequency of (INAP), received additional funds Pratma to PT Excelcomindo Pratma Tbk; response, and estimated total burden authorized by Title VIII of section A of PURGE to ExcelComindo Pratma Tbk; may be obtained from the RegInfo.gov the American Recovery and PT Excelcomindo to PT Excelcomindo Web site at http://www.reginfo.gov/ Reinvestment Act (ARRA). ETA is Pratma Tbk; ServicePilot to ServicePilot public/do/PRAMain or by contacting seeking emergency approval for Technologies; Building-B to Sezmi Darrin King on 202–693–4129 (this is Training and Employment Guidance Corporation; Sigma Systems Canada Inc not a toll-free number)/e-mail: Letters (TEGLs) issued by these to Sigma Systems; Superna Business [email protected]. Interested programs in order to obligate Recovery

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Act Funds, as directed by the Congress certain facts and representations set concerned the commenters’ inability to and the President. forth in PTE 2000–45 to include a new understand the notice of proposed Why are we requesting Emergency fee offset procedure and the terms of a exemption or the effect of the exemption Processing? If DOL were to comply with past merger (the Merger Transaction) on the commenters’ benefits. standard PRA clearance procedures, it between Citigroup Inc. (Citigroup) and The Department also received one would not be able to comply with the Legg Mason, Inc. (Legg Mason). In this written comment with respect to the ARRA-mandated payment schedule regard, the Applicants have requested proposed exemption. The comment, because procedures for these payments that a limited and temporary exception which was submitted by Citigroup, is must be in place immediately. The to the definition of ‘‘affiliate’’ be intended to clarify and update certain statute provides that INAP and SCSEP incorporated in a new Section IV. factual information discussed in the grantees need the means to access the DATES: Effective Date: This exemption is proposed exemption, as follows: funds as soon as possible. Otherwise, effective (1) from December 1, 2005 1. TRAK Program Assets. On page harm to the nation’s economic recovery until March 10, 2006 with respect to the 78847 of the notice of proposed could ensue. Finally, in preparing the limited exception described in Section exemption, the first sentence of the first guidelines, the Department has taken all IV; (2) as of December 1, 2005 with paragraph states that the TRAK Program necessary steps to consult with INAP respect to the Covered Transactions, the held assets that were in excess of $9.4 and SCSEP grantees in order to General Conditions and the Definitions billion. Citigroup states that the minimize the burden of collecting the described in Sections I, II, and III; and sentence should be revised to read as information while adhering to ARRA (3) as of January 1, 2008 with respect to follows: ‘‘As of July 29, 2008, the TRAK payment and monitoring provisions. the new fee offset procedure. Program held assets of approximately Darrin A. King, FOR FURTHER INFORMATION CONTACT: Mrs. $8.8 billion.’’ Also, on page 78847 of the proposal, Departmental Clearance Officer. Anna Vaughan or Ms. Jan D. Broady, Office of Exemptions Determinations, the first sentence in the last paragraph [FR Doc. E9–6688 Filed 3–25–09; 8:45 am] Employee Benefits Security of the third column reads: ‘‘The assets BILLING CODE 4510–FN–P Administration, U.S. Department of sold by Citigroup to Legg Mason Labor, telephone (202) 693–8565 or included Smith Barney Mutual Funds Management Inc. (now Smith Barney DEPARTMENT OF LABOR (202) 693–8556. (These are not toll-free numbers.) Fund Management LLC) but excluded Employee Benefits Security SUPPLEMENTARY INFORMATION: On the Consulting Group and the TRAK Administration December 23, 2008, the Department Program.’’ Citigroup explains that the published a notice of proposed first sentence should be revised to read: [Prohibited Transaction Exemption 2009– exemption in the Federal Register at 73 ‘‘The assets sold by Citigroup to Legg 12; Exemption Application No. D–11341] FR 78846 from the prohibited Mason included Smith Barney Fund Management LLC, but excluded the Grant of Individual Exemption To transaction restrictions of section 406(a) Consulting Group and the TRAK Replace Prohibited Transaction of the Employee Retirement Income Program.’’ Exemption (PTE) 2000–45, Involving Security Act of 1974 (the Act) and from 2. Citigroup Loan to Legg Mason. On Citigroup Global Markets Inc. (CGMI), the sanctions resulting from the page 78847 of the notice of proposed Formerly Salomon Smith Barney Inc. application of section 4975 of the exemption, the last sentence in the last (Salomon Smith Barney), Located in Internal Revenue Code of 1986 (the paragraph of the third column discusses New York, NY Code), as amended, by reason of section 4975(c)(1)(A) through (D) of the Code. a loan provided by Legg Mason to AGENCY: Employee Benefits Security The proposed exemption has been Citigroup. Citigroup explains that it Administration, U.S. Department of requested in an application filed on provided the loan to Legg Mason. Labor. behalf of CGMI pursuant to section Therefore, this sentence should be ACTION: Grant of individual exemption 408(a) of the Act and section 4975(c)(2) revised to read as follows: ‘‘Also, to replace PTE 2000–45. of the Code, and in accordance with the Citigroup Corporate and Investment procedures set forth in 29 CFR part Banking provided to Legg Mason This document contains a final 2570, subpart B (55 FR 32836, August approximately $550 million in the form exemption before the Department of 10, 1990). Effective December 31, 1978, of a five-year loan facility.’’ Labor (the Department) that replaces section 102 of Reorganization Plan No. 3. Merger Transaction. On page 78848 PTE 2000–45 (65 FR 54315, September 4 of 1978 (43 FR 47713, October 17, of the notice of proposed exemption, 7, 2000), an exemption granted to 1978) transferred the authority of the Footnote 6 states that Citigroup Asset Salomon Smith Barney. On December 1, Secretary of the Treasury to issue Management or ‘‘CAM’’ was sold to 2005, PTE 2000–45 became ineffective exemptions of the type requested to the Legg Mason subsequent to the Merger due to a material change in the Secretary of Labor. Accordingly, this Transaction. Citigroup explains that exemption. exemption is being issued solely by the based on its knowledge, CAM was sold PTE 2000–45 related to the operation Department. to Legg Mason as part of the Merger of the TRAK Personalized Investment The Department invited all interested Transaction. Advisory Service (the TRAK Program) persons to submit written comments 4. General Conditions. On pages and the Trust for Consulting Group and/or requests for a public hearing 78850 and 78854 of the proposed Capital Markets Funds (the Trust) as with respect to the notice of proposed exemption, Section II(j) makes reference described in a notice of proposed exemption on or before February 23, to the ‘‘Government Money Investments exemption (65 FR 35138, June 1, 2000), 2009. Portfolio’’ and the ‘‘GIC Fund Portfolio’’. which underlies PTE 2000–45. During the comment period, the Citigroup wishes to clarify that these The final exemption incorporates by Department received 29 telephone calls funds have been re-named the ‘‘Money reference many of the conditions from participants or beneficiaries in Market Investments Portfolio’’ and the contained in PTE 2000–45. The plans with investments in the TRAK ‘‘Stable Value Investments Portfolio,’’ exemption also revises and updates Program. All of these comments respectively.

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Also, on pages 78850 and 78854 of the of employee benefit plans participating purposes of this requirement, an proposal, Section II(k)(1)(E) uses the in the TRAK Program. employee, officer or director of term ‘‘Financial Consultant.’’ Citigroup (3) The exemption is supplemental to, Citigroup Global Markets Inc. (CGMI) explains that it now refers to these and not in derogation of, any other and/or its affiliates covered by an IRA employees as ‘‘Financial Advisors.’’ provisions of the Act and the Code, not subject to Title I of the Act will be In response to Citigroup’s comment including statutory or administrative considered an Independent Plan letter, the Department has made exemptions. Furthermore, the fact that a Fiduciary with respect to such IRA. revisions to the operative language of transaction is subject to an (b) The total fees paid to the the final exemption and, where administrative or statutory exemption is Consulting Group and its affiliates applicable, has taken note of the not dispositive of whether the constitute not more than reasonable foregoing clarifications and updates to transaction is in fact a prohibited compensation. the Summary of Facts and transaction. (c) No Plan pays a fee or commission Representations of the proposed Accordingly, the following exemption by reason of the acquisition or exemption. is granted under the authority of section redemption of shares in the Trust. For further information regarding the 408(a) of the Act and section 4975(c)(2) (d) The terms of each purchase or comments and other matters discussed of the Code and in accordance with the redemption of Trust shares remain at least as favorable to an investing Plan as herein, interested persons are procedures set forth in 29 CFR Part those obtainable in an arm’s length encouraged to obtain copies of the 2570, Subpart B (55 FR 32836, 32847, August 10, 1990). transaction with an unrelated party. exemption application file (Exemption (e) The Consulting Group provides Application No. D–11341) the Section I. Covered Transactions written documentation to an Department is maintaining in this case. A. The restrictions of section 406(a) of Independent Plan Fiduciary of its The complete application file, as well as the Act and the sanctions resulting from recommendations or evaluations based all supplemental submissions received the application of section 4975 of the upon objective criteria. by the Department, are made available Code, by reason of section 4975(c)(1)(A) (f) Any recommendation or evaluation for public inspection in the Public through (D) of the Code, shall not apply, made by the Consulting Group to an Documents Room of the Employee effective December 1, 2005, to the Independent Plan Fiduciary is Benefits Security Administration, Room purchase or redemption of shares by an implemented only at the express N–1513, U.S. Department of Labor, 200 employee benefit plan, an individual direction of such Independent Plan Constitution Avenue, NW., Washington, retirement account (an IRA), a Fiduciary, provided, however, that: DC 20210. retirement plan for self-employed (1) If such Independent Plan Accordingly, after giving full individuals (a Keogh Plan), or an Fiduciary elects in writing, on a form consideration to the entire record, individual account pension plan that is designated by CGMI from time to time including the written comment, the subject to the provisions of Title I of the for such purpose, to participate in the Department has decided to grant the Act and established under section Automatic Reallocation Option under exemption subject to the modifications 403(b) of the Code (the section 403(b) the TRAK Program, the affected Plan or described above. Plan; collectively, the Plans) in the participant account is automatically General Information Trust for Consulting Group Capital reallocated whenever the Consulting Markets Funds (the Trust), established Group modifies the particular asset The attention of interested persons is by Citigroup, Inc. (Citigroup), in allocation recommendation which the directed to the following: connection with such Plans’ Independent Plan Fiduciary has chosen. (1) The fact that a transaction is the participation in the TRAK Personalized Such Election continues in effect until subject of an exemption under section Investment Advisory Service (the TRAK revoked or terminated by the 408(a) of the Act and section 4975(c)(2) Program). Independent Plan Fiduciary in writing. of the Code does not relieve a fiduciary B. The restrictions of section 406(b) of (2) Except as set forth below in or other party in interest or disqualified the Act and the sanctions resulting from paragraph II(f)(3), at the time of a change person from certain other provisions of the application of section 4975 of the in the Consulting Group’s asset the Act and the Code, including any Code, by reason of section 4975(c)(1)(E) allocation recommendation, each prohibited transaction provisions to and (F) of the Code, shall not apply, account based upon the asset allocation which the exemption does not apply effective December 1, 2005, with respect model (the Allocation Model) affected and the general fiduciary responsibility to the provision, by Citigroup’s by such change is adjusted on the provisions of section 404 of the Act, Consulting Group (the Consulting business day of the release of the new which require, among other things, a Group), of (1) investment advisory Allocation Model by the Consulting fiduciary to discharge his or her duties services or (2) an automatic reallocation Group, except to the extent that market respecting the plan solely in the interest option (the Automatic Reallocation conditions, and order purchase and of the participants and beneficiaries of Option) to an independent fiduciary of redemption procedures, may delay such the plan and in a prudent fashion in a participating Plan (the Independent processing through a series of purchase accordance with section 404(a)(1)(B) of Plan Fiduciary), which may result in and redemption transactions to shift the Act. such fiduciary’s selection of a portfolio assets among the affected Portfolios. (2) In accordance with section 408(a) (the Portfolio) in the TRAK Program for (3) If the change in the Consulting of the Act, the Department makes the the investment of Plan assets. Group’s asset allocation following determinations: This exemption is subject to the recommendation exceeds an increase or (a) The exemption is administratively following conditions set forth below in decrease of more than 10 percent in the feasible; Section II. absolute percentage allocated to any one (b) The exemption is in the interest of investment medium (e.g., a suggested the plan and of its participants and Section II. General Conditions increase in a 15 percent allocation to beneficiaries; and (a) The participation of Plans in the greater than 25 percent, or a decrease of (c) The exemption is protective of the TRAK Program is approved by an such 15 percent allocation to less than rights of participants and beneficiaries Independent Plan Fiduciary. For 5 percent), CGMI sends out a written

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notice (the Notice) to all Independent foreign countries. The organization (B) Upon written or oral request to Plan Fiduciaries whose current creating the Index is: CGMI, a Statement of Additional investment allocation may be affected, (i) Engaged in the business of Information supplementing the describing the proposed reallocation providing financial information; Prospectus which describes the types of and the date on which such allocation (ii) A publisher of financial news securities and other instruments in is to be instituted. If the Independent information; or which the Portfolios may invest, the Plan Fiduciary notifies CGMI, in (iii) A public stock exchange or investment policies and strategies that writing, at any time within the period of association of securities dealers. the Portfolios may utilize and certain 30 calendar days prior to the proposed The Index is created and maintained risks attendant to those investments, Effective Date that such fiduciary does by an organization independent of policies and strategies. not wish to follow such revised asset CGMI and its affiliates and is a (C) A copy of the investment advisory allocation recommendation, the generally-accepted standardized Index agreement between the Consulting Allocation Model remains at the current of securities which is not specifically Group and such Plan which relates to level, or at such other level as the tailored for use by CGMI and its participation in the TRAK Program and Independent Plan Fiduciary then affiliates. describes the Automatic Reallocation expressly designated, in writing. If the (3) The acquisition or disposition of Option. Independent Plan Fiduciary does not Citigroup Common Stock does not (D) Upon written request of CGMI, a affirmatively opt out of the new include any agreement, arrangement or copy of the respective investment Consulting Group recommendation, in understanding regarding the design or advisory agreement between the writing, prior to the proposed Effective operation of the Portfolio acquiring the Consulting Group and the Sub-Advisers. Date, such new recommendation is Citigroup Common Stock, which is (E) In the case of Section 404(c) Plan, automatically effected by a dollar-for- intended to benefit CGMI or any party if required by the arrangement dollar liquidation and purchase of the in which CGMI may have an interest. negotiated between the Consulting required amounts in the respective (4) The Independent Plan Fiduciary Group and the Plan, an explanation by account. authorizes the investment of a Plan’s a CGMI Consultant to eligible (4) An Independent Plan Fiduciary assets in an Index Fund which participants in such Plan, of the services receives a trade confirmation of each purchases and/or holds Citigroup offered under the TRAK Program and reallocation transaction. In this regard, Common Stock and the Sub-Adviser is the operation and objectives of the for all Plan investors other than Section responsible for voting any shares of Portfolios. 404(c) Plan accounts (i.e., 401(k) Plan Citigroup Common Stock that are held (F) A copy of the Proposed Exemption accounts), CGMI mails trade by an Index Fund on any matter in and the Final Exemption pertaining to confirmations on the next business day which shareholders of Citigroup the exemptive relief described herein. (2) If accepted as an investor in the after the reallocation trades are Common Stock are required or TRAK Program, an Independent Plan executed. In the case of Section 404(c) permitted to vote. Fiduciary of an IRA or Keogh Plan is Plan participants, notification depends (j) The quarterly investment advisory required to acknowledge, in writing, upon the notification provisions agreed fee that is paid by a Plan to the prior to purchasing Trust shares that to by the Plan recordkeeper. Consulting Group for investment such fiduciary has received copies of (g) The Consulting Group generally advisory services rendered to such Plan the documents described above in gives investment advice in writing to an is offset by such amount as is necessary Independent Plan Fiduciary with subparagraph (k)(1) of this section. to assure that the Consulting Group (3) With respect to a Section 404(c) respect to all available Portfolios. retains no more than 20 basis points However, in the case of a Plan providing Plan, written acknowledgement of the from any Portfolio (with the exception receipt of such documents is provided for participant-directed investments (the of the Money Market Investments section 404(c) Plan), the Consulting by the Independent Plan Fiduciary (i.e., Portfolio and the Stable Value the Plan administrator, trustee or named Group provides investment advice that Investments Portfolio for which the is limited to the Portfolios made fiduciary, as the recordholder of Trust Consulting Group and the Trust retains shares). Such Independent Plan available under the Plan. no investment management fee) which (h) Any sub-adviser (the Sub-Adviser) Fiduciary is required to represent in contains investments attributable to the that acts for the Trust to exercise writing to CGMI that such fiduciary is Plan investor. investment discretion over a Portfolio is (a) independent of CGMI and its (k) With respect to its participation in independent of CGMI and its affiliates. affiliates and (b) knowledgeable with (i) Immediately following the the TRAK Program prior to purchasing respect to the Plan in administrative acquisition by a Portfolio of any Trust shares, matters and funding matters related (1) Each Plan receives the following securities that are issued by CGMI and/ thereto, and able to make an informed written or oral disclosures from the or its affiliates such as Citigroup decision concerning participation in the Consulting Group: common stock (the Citigroup Common TRAK Program. (A) A copy of the Prospectus for the Stock), the percentage of that Portfolio’s (4) With respect to a Plan that is Trust discussing the investment net assets invested in such securities covered under Title I of the Act, where objectives of the Portfolios comprising does not exceed one percent. However, investment decisions are made by a the Trust, the policies employed to this percentage limitation may be trustee, investment manager or a named achieve these objectives, the corporate exceeded if: fiduciary, such Independent Plan (1) The amount held by a Sub-Adviser affiliation existing between the Fiduciary is required to acknowledge, in in managing a Portfolio is held in order Consulting Group, CGMI and its writing, receipt of such documents and to replicate an established third-party subsidiaries and the compensation paid * index (the Index). to such entities. provisions of section 404 of the Act. In this regard, (2) The Index represents the the Department expects the Independent Plan * The fact that certain transactions and fee Fiduciary to consider carefully the totality of the investment performance of a specific arrangements are the subject of an administrative fees and expenses to be paid by the Plan, including segment of the public market for equity exemption does not relieve the Independent Plan the fees paid directly to CGMI or to other third securities in the United States and/or Fiduciary from the general fiduciary responsibility parties.

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represent to CGMI that such fiduciary is affiliates, both expressed as cents per management or policies of a person (a) independent of CGMI and its share. other than an individual); affiliates, (b) capable of making an (m)(1) CGMI maintains or causes to be (2) Any individual who is an officer independent decision regarding the maintained for a period of (6) six years (as defined in Section III(d) hereof), investment of Plan assets and (c) the records necessary to enable the director or partner in CGMI or a person knowledgeable with respect to the Plan persons described in paragraph (m)(2) of described in subparagraph (b)(1); in administrative matters and funding this section to determine whether the (3) Any corporation or partnership of matters related thereto, and able to make applicable conditions of this exemption which CGMI, or an affiliate described in an informed decision concerning have been met. Such records are readily subparagraph (b)(1), is a 10 percent or participation in the TRAK Program. available to assure accessibility by the more partner or owner; and (l) Subsequent to its participation in persons identified in paragraph (2) of (4) Any corporation or partnership of the TRAK Program, each Plan receives this section. which any individual which is an the following written or oral disclosures (2) Notwithstanding any provisions of officer or director of CGMI is a 10 with respect to its ongoing participation section 504(a)(2) and (b) of the Act, the percent or more partner or owner. in the TRAK Program: records referred to in paragraph (1) of (c) An ‘‘Independent Plan Fiduciary’’ (1) The Trust’s semi-annual and this section are unconditionally is a Plan fiduciary which is independent annual report including a financial available at their customary location for of CGMI and its affiliates and is either: statement for the Trust and investment examination during normal business (1) A Plan administrator, sponsor, management fees paid by each Portfolio. hours by — trustee or named fiduciary, as the (2) A written quarterly monitoring (i) Any duly authorized employee or statement containing an analysis and an recordholder of Trust shares under a representative of the Department of evaluation of a Plan investor’s account Section 404(c) Plan; Labor or the Internal Revenue Service; to ascertain whether the Plan’s (2) A participant in a Keogh Plan; investment objectives have been met (ii) Any fiduciary of a participating (3) An individual covered under (i) a and recommending, if required, changes Plan or any duly authorized employee self-directed IRA or (ii) a Section 403(b) in Portfolio allocations. of such employer; Plan, which invests in Trust shares; (3) If required by the arrangement (iii) Any contributing employer to any (4) A trustee, investment manager or negotiated between the Consulting participating Plan or any duly named fiduciary responsible for Group and a Section 404(c) Plan, a authorized employee representative of investment decisions in the case of a quarterly, detailed investment such employer; and; Title I Plan that does not permit performance monitoring report, in (iv) Any participant or beneficiary of individual direction as contemplated by writing, provided to an Independent any participating Plan, or any duly Section 404(c) of the Act; or Plan Fiduciary of such Plan showing authorized representative of such (5) A participant in a Plan, such as a Plan level asset allocations, Plan cash participant or beneficiary. Section 404(c) Plan, who is permitted flow analysis and annualized risk (3) A prohibited transaction is not under the terms of such Plan to direct, adjusted rates of return for Plan deemed to have occurred if, due to and who elects to direct, the investment investments. In addition, if required by circumstances beyond the control of of assets of his or her account in such such arrangement, Financial CGMI, the records are lost or destroyed Plan. Consultants meet periodically with prior to the end of the six-year period, (d) The term ‘‘officer’’ means a Independent Plan Fiduciaries of Section and no party in interest other than president, any vice president in charge 404(c) Plans to discuss the report as CGMI is subject to the civil penalty that of a principal business unit, division or well as with eligible participants to may be assessed under section 502(i) of function (such as sales, administration review their accounts’ performance. the Act or to the taxes imposed by or finance), or any other officer who (4) If required by the arrangement sections 4975(a) and (b) of the Code if performs a policymaking function for negotiated between the Consulting the records are not maintained or are the entity. Group and a Section 404(c) Plan, a not available for examination as Section IV. Limited Exception quarterly participant performance required by paragraph (2) of this section. monitoring report provided to a Plan (4) None of the persons described in (a) Notwithstanding the condition set participant which accompanies the subparagraphs (ii)–(iv) of this section forth in Section II(h) of the General participant’s benefit statement and (m)(2) is authorized to examine the Conditions or the definition of describes the investment performance of trade secrets of CGMI or commercial or ‘‘affiliate’’ set forth in Section III(b) of the Portfolios, the investment financial information which is the Definitions herein, during the performance of the participant’s privileged or confidential. period, December 1, 2005 until March 10, 2006, when Citigroup Inc. individual investment in the TRAK Section III. Definitions Program, and gives market commentary (Citigroup) held a 10 percent or greater and toll-free numbers that enable the For purposes of this exemption: economic ownership interest in Legg participant to obtain more information (a) The term ‘‘CGMI’’ means Citigroup Mason, Inc. (Legg Mason) as a result of about the TRAK Program or to amend Global Markets Inc. and any affiliate of the merger transaction (Merger his or her investment allocations. Citigroup Global Markets Inc., as Transaction) consummated on (5) On a quarterly and annual basis, defined in paragraph (b) of this Section December 1, 2005, between Citigroup written disclosures to all Plans of (a) the III. and Legg Mason, Brandywine Asset percentage of each Portfolio’s brokerage (b) An ‘‘affiliate’’ of CGMI includes: Management LLC (Brandywine) and commissions that are paid to CGMI and (1) Any person directly or indirectly Western Asset Management Company its affiliates and (b) the average through one or more intermediaries, (Western), both of which are wholly brokerage commission per share paid by controlling, controlled by, or under owned subsidiaries of Legg Mason, each Portfolio to CGMI and its affiliates, common control with CGMI. (For continued to be deemed ‘‘independent’’ as compared to the average brokerage purposes of this subparagraph, the term of Citigroup Global Markets Inc. (CGMI) commission per share paid by the Trust ‘‘control’’ means the power to exercise and its affiliates for purposes of Section to brokers other than CGMI and its a controlling influence over the II(h) of the General Conditions and

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Section III(b) of the Definitions, as long fee rates paid to Brandywine and persons to the application for a as the following conditions were met: Western were not increased. complete statement of the facts and (1) The Merger Transaction resulted (13) For so long as Citigroup’s representations. The application has in Citigroup receiving, among other ownership interest in Legg Mason been available for public inspection at things, approximately 4 percent of the remained greater than 10 percent, no the Department in Washington, DC. The Legg Mason voting common stock (Legg other affiliates of Legg Mason were notice also invited interested persons to Mason Common Stock), and non-voting retained to act as Sub-Advisers in the submit comments on the requested convertible preferred stock (Legg Mason TRAK Program. exemption to the Department. In Preferred Stock) which was convertible (14) The Board of Trustees of the addition the notice stated that any into approximately 10 percent of Legg Trust for the Consulting Group interested person might submit a Mason Common Stock (together, Legg subjected Brandywine and Western to written request that a public hearing be Mason Stock). the same review process and fiduciary held (where appropriate). The applicant (2) Following the Merger Transaction, requirements as in effect for all other has represented that it has complied Legg Mason Stock was being held by a Sub-Advisers, and to the same with the requirements of the notification subsidiary of Citigroup that is not in the performance standards. to interested persons. No requests for a vertical chain of ownership with CGMI, hearing were received by the Section V. Effective Dates and CGMI was not controlling or Department. Public comments were controlled by the entity holding Legg This exemption is effective: (1) received by the Department as described Mason Stock. December 1, 2005 until March 10, 2006 in the granted exemption. (3) Legg Mason Preferred Stock was with respect to the limited exception The notice of proposed exemption converted into Legg Mason Common described in Section IV; (2) as of was issued and the exemption is being Stock only after it was sold by December 1, 2005 with respect to the granted solely by the Department Citigroup. Covered Transactions, the General because, effective December 31, 1978, (4) Citigroup engaged in efforts to sell Conditions and the Definitions that are section 102 of Reorganization Plan No. Legg Mason Preferred Stock within a described in Sections I, II and III; and 4 of 1978, 5 U.S.C. App. 1 (1996), reasonable amount of time pursuant to (3) as of January 1, 2008 with respect to transferred the authority of the Secretary an underwritten broadly distributed the new fee offset procedure. of the Treasury to issue exemptions of public offering. Signed at Washington, DC, this 20th day of the type proposed to the Secretary of (5) Citigroup reduced its holdings in March, 2009. Labor. Legg Mason Stock below 10 percent Ivan L. Strasfeld, within three months following the Statutory Findings consummation of the Merger Director of Exemption Determinations, In accordance with section 408(a) of Employee Benefits Security Administration, Transaction. U.S. Department of Labor. the Act and/or section 4975(c)(2) of the (6) Citigroup did not participate in Code and the procedures set forth in 29 [FR Doc. E9–6621 Filed 3–25–09; 8:45 am] any proxy contest or other activities CFR Part 2570, Subpart B (55 FR 32836, concerning the management of Legg BILLING CODE 4510–29–P 32847, August 10, 1990) and based upon Mason. the entire record, the Department makes (7) Citigroup did not acquire more DEPARTMENT OF LABOR the following findings: than 5 percent of Legg Mason Common (a) The exemption is administratively Stock at any time. Employee Benefits Security feasible; (8) Brandywine and Western operated Administration (b) The exemption is in the interests as separate and autonomous business of the plan and its participants and units within Legg Mason. Prohibited Transaction Exemptions beneficiaries; and (9) The Consulting Group had no and Grant of Individual Exemptions (c) The exemption is protective of the ability to exercise control or influence Involving: 2009–10, Camino Medical rights of the participants and over the business of Brandywine or Group, Inc. Employee Retirement Plan beneficiaries of the plan. Western. Similarly, Brandywine and (the Retirement Plan) D–11336; and Camino Medical Group, Inc. Employee Western had no ability to exercise 2009–11, JPMorgan Chase Bank, Retirement Plan control or influence over the business of National Association, D–11471 (the Retirement Plan) the Consulting Group. Located in Sunnyvale, CA (10) For so long as Citigroup’s AGENCY: Employee Benefits Security [Prohibited Transaction Exemption ownership interest in Legg Mason Administration, Labor. 2009–10; Exemption Application No. D–11336] remained greater than 10 percent, with ACTION: Grant of Individual Exemptions. respect to each Portfolio for which Exemption Brandywine or Western currently serves SUMMARY: This document contains The restrictions of sections 406(a), as a Sub-Adviser, the percentage of exemptions issued by the Department of 406(b)(1) and (b)(2) of the Act and the Portfolio assets allocated for Labor (the Department) from certain of sanctions resulting from the application management purposes to these entities the prohibited transaction restrictions of of section 4975 of the Code, by reason by the Consulting Group was not the Employee Retirement Income Security Act of 1974 (ERISA or the Act) of section 4975(c)(1)(A) through (E) of increased. 1 (11) For so long as Citigroup’s and/or the Internal Revenue Code of the Code, shall not apply, effective July ownership interest in Legg Mason 1986 (the Code). 1, 2003 until December 14, 2007, to (1) remained greater than 10 percent, A notice was published in the Federal the leasing (the 2003 Leases) of a Brandywine and Western were not Register of the pendency before the medical facility (the Urgent Care permitted to manage assets for any other Department of a proposal to grant such Facility) and a single family residence Portfolio in the TRAK Program. exemption. The notice set forth a 1 For purposes of this exemption reference to (12) For so long as Citigroup’s summary of facts and representations specific provisions of Title I of the Act, unless ownership interest in Legg Mason contained in the application for otherwise specified, refer also to the corresponding remained greater than 10 percent, the exemption and referred interested provisions of the Code.

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converted to an office (the Residence) by obligations of CMG under the terms of 4975 of the Code, by reason of section the Retirement Plan to CMG, the such leases. 4975(c)(1)(A) through (E) of the Code, sponsor of the Retirement Plan and a (2) Expressly approved the renewals shall not apply to the lending of party in interest with respect to such of the 2003 Leases beyond their initial securities to affiliates of JPMorgan Chase plan; and (2) the exercise, by CMG, of terms. & Co. Inc. (JPMCC), which are engaged options to renew the 2003 Lease with (3) Determined whether the rent had in JPMCC’s capital markets line of respect to the Residence for one year been paid on a monthly basis and in a business (referred to herein as Global and the 2003 Lease with respect to the timely manner based on documentation Capital Markets), by employee benefit Urgent Care Facility for three years, provided by CMG. plans (the Client Plans), including provided that the following conditions (4) Determined whether CMG owed commingled investment funds holding were or will be met: the Camino Medical Group, Inc. Client Plan assets, for which JPMCC (a) The terms and conditions of each Matching 401(k) Plan (the 401(k) Plan) through its Financing & Market Products 2003 Lease were no less favorable to the or the Retirement Plan additional rent or any other similar division of JPMCB Retirement Plan than those obtainable by reason of CMG’s leasing of the Urgent or a U.S. affiliate of JPMCC (collectively, by the Retirement Plan under similar Care Facility and/or the Residence from FMP) acts as securities lending agent or circumstances when negotiated at arm’s such plans prior to July 1, 2003 and sub-agent, and for which JPMCC, length with unrelated third parties. ensured that CMG made such payments through its Investor Services line of (b) The Retirement Plan was to the Plans, including reasonable Business, as operated through JPMCB represented for all purposes under the interest. and its affiliates (Investor Services), may 2003 Leases, and during each renewal (h) At all times throughout the also act as directed trustee or custodian, term, by a qualified, independent duration of each 2003 Lease and each and (2) to the receipt of compensation fiduciary. respective renewal term, the fair market by FMP in connection with the (c) The independent fiduciary value of the Urgent Care Facility and the proposed transactions, provided the negotiated, reviewed, and approved the Residence did not exceed 25 percent of general conditions set forth below in terms and conditions of the 2003 Leases the value of the total assets of the Section II are met. Retirement Plan. and the options to renew such leases on Section II. General Conditions behalf of the Retirement Plan and (i) Within 90 days of the publication determined that the transactions were of the grant notice in the Federal (a) This exemption applies to loans of appropriate investments for the Register, Palo Alto Medical Foundation, securities to Global Capital Markets, as Retirement Plan and were in the best the successor in interest to CMG, (1) operated in the United States (J. P. interests of the Retirement Plan and its files a Form 5330 with the Internal Morgan Securities Inc., or the U.S. participants and beneficiaries. Revenue Service and pays all applicable Affiliated Borrower) and in the (d) The rent paid to the Retirement excise taxes that are due with respect to following foreign countries: the United Plan under each 2003 Lease, and during the leasing of the Urgent Care Facility Kingdom (J. P. Morgan Securities Ltd.), each renewal term, was no less than the and the Residence to CMG by the 401(k) Canada (J. P. Morgan Securities Canada fair market rental value of the Urgent Plan and/or the Retirement Plan prior to Inc.), Australia (J. P. Morgan Securities Care Facility and the Residence, as July 1, 2003; and (2) provides a copy of Australia Limited), Japan (J. P. Morgan established by a qualified, independent the cancelled check and other Securities Japan Co. Ltd) (collectively, appraiser. documentary evidence to the the Foreign Affiliated Borrowers). (e) The rent was subject to adjustment Department indicating that the taxes Global Capital Markets will also include at the commencement of the second were correctly computed and paid other companies or their successors year of each 2003 Lease and each year within 45 days of such payment. which are affiliated with either JPMCB 2 thereafter by way of an independent DATES: Effective Date: This exemption is or JPMCC within these countries. appraisal. A qualified, independent effective from July 1, 2003 until (b) For each Client Plan, neither appraiser was selected by the December 14, 2007. Investor Services, Global Capital independent fiduciary to conduct the For a more complete statement of the Markets, FMP, nor any other division or appraisal. If the appraised fair market facts and representations supporting the affiliate of JPMCC has or exercises rent of the Urgent Care Facility or the Department’s decision to grant this discretionary authority or control with Residence was greater than that of the exemption, refer to the notice of respect to the investment of the assets current base rent, then the base rent was proposed exemption published on of Client Plans involved in the revised to reflect the appraised increase December 24, 2008 at 73 FR 79168. transaction (other than with respect to in fair market rent. If the appraised fair FOR FURTHER INFORMATION CONTACT: Ms. the lending of securities designated by market rent of the Urgent Care Facility Jan D. Broady of the Department, an independent fiduciary of a Client or the Residence was less than or equal telephone (202) 693–8556. (This is not Plan as being available to lend and the to the current base rent, then the base a toll-free number.) investment of cash collateral after rent remained the same. JPMorgan Chase Bank, National securities have been loaned and (f) Each 2003 Lease was triple net, Association, Located in Columbus, collateral received), or renders requiring all expenses for maintenance, Ohio investment advice (within the meaning taxes, utilities and insurance to be paid [Prohibited Transaction Exemption of 29 CFR 2510.3–21(c)) with respect to by CMG, as lessee. 2009–11; Exemption Application No. those assets, including decisions (g) The independent fiduciary— D–11471] concerning a Client Plan’s acquisition and disposition of securities available (1) Monitored CMG’s compliance with Exemption for loan. the terms of each 2003 Lease and the (i) Notwithstanding the foregoing, for conditions of the exemption throughout Section I. Covered Transactions the period from March 16, 2008, the duration of such leases and the The restrictions of sections renewal terms, and was responsible for 406(a)(1)(A) through (D) and 406(b)(1) 2 Unless otherwise noted, Global Capital Markets legally enforcing the payment of the rent and (2) of the Act and the sanctions will consist collectively of the above referenced and the proper performance of all other resulting from the application of section entities.

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through June 14, 2008, section II(b) shall cease to make any new securities loans Capital Markets delivers additional not apply to the lending of securities by on behalf of that Client Plan to Bear collateral on the following day such that a Client Plan to Bear Stearns Affiliates, Stearns Affiliates; any securities loans the market value of the collateral again provided that (i) no division or affiliate made on behalf of that Client Plan to equals 102 percent or the percentage of JPMCC that has discretionary Bear Stearns Affiliates prior to the date otherwise required by 2006–16. authority or control with respect to the the objection is received shall be (h) The Loan Agreement gives the investment of the assets of the Client covered by this exemption, and FMP Client Plan a continuing security Plan involved in the transaction, or shall seek to expeditiously terminate interest in, title to, or the rights of a renders investment advice (within the such securities loan in a manner secured creditor with respect to the meaning of 29 CFR 2510.3–21(c)) with approved by the Client Plan. collateral and a lien on the collateral respect to those assets, has access to (d) Each loan of securities by a Client and FMP monitors the level of the information regarding whether the Plan to Global Capital Markets is at collateral daily. particular securities have been loaned to market rates and terms which are at (i) Before entering into a Loan a Bear Stearns Affiliate, and (ii) an least as favorable to such Client Plan as Agreement, Global Capital Markets Independent Fiduciary (as defined in if made at the same time and under the furnishes FMP the most recently section IV(f)) conducts a Review (as same circumstances to an unrelated available audited and unaudited defined in section IV(g)) of Client Plan party. statements of the financial condition of securities loans to Bear Stearns (e) The Client Plan may terminate the the applicable borrower within Global Affiliates and within 180 days of the agency or sub-agency arrangement at Capital Markets. Such statements are, in date of publication of this proposed any time without penalty to such Client turn, provided by FMP to the Client amendment in the Federal Register, Plan on five business days notice Plan. At the time of the loan, Global issues a written report presenting its whereupon Global Capital Markets Capital Markets gives prompt notice to specific findings. delivers securities identical to the the Client Plan fiduciary of any material (c) Before a Client Plan participates in borrowed securities (or the equivalent in adverse change in the borrower’s a securities lending program and before the event of reorganization, financial condition since the date of the any loan of securities to Global Capital recapitalization or merger of the issuer most recent financial statement Markets is effected, a Client Plan of the borrowed securities) to the Client furnished to the Client Plan. In the fiduciary which is independent of Plan within— event of any such changes, FMP Global Capital Markets must have— (1) The customary delivery period for requests approval of the Client Plan to (1) Authorized and approved a such securities; continue lending to Global Capital securities lending authorization (2) Five business days; or Markets before making any such agreement with FMP, where FMP is (3) The time negotiated for such additional loans. No new securities acting as the securities lending agent; delivery by the Client Plan and Global loans will be made until approval is (2) Authorized and approved the Capital Markets, whichever is less. received and each loan constitutes a primary securities lending authorization (f) The Client Plan receives from representation by Global Capital agreement with the primary lending Global Capital Markets (either by Markets that there has been no such agent where FMP is lending securities physical delivery or by book entry in a material adverse change. under a sub-agency agreement with the securities depository located in the Notwithstanding the foregoing, primary lending agent; 3 and United States, wire transfer or similar effective March 16, 2008, section II(i) (3) Approved the general terms of the means) by the close of business on or shall be deemed satisfied with respect to securities loan agreement (the Loan before the day the loaned securities are loans of securities by Client Plans to Agreement) between such Client Plan delivered to Global Capital Markets, Bear Stearns Affiliates by FMP as and Global Capital Markets, the specific collateral consisting of cash, securities securities lending agent or sub-agent, terms of which are negotiated and issued or guaranteed by the United provided (i) FMP provided to such entered into by FMP. States Government or its agencies or Client Plans no later than April 15, Notwithstanding the foregoing, instrumentalities, or irrevocable United 2008, the most recently available effective March 16, 2008, section II(c)(3) States bank letters of credit issued by a audited and unaudited consolidated shall be deemed satisfied with respect to U.S. bank, which is a person other than statements of the financial condition of loans of securities by Client Plans to Global Capital Markets or an affiliate the parent company of the applicable Bear Stearns Affiliates by FMP as thereof, or any combination thereof, or Bear Stearns Affiliates and the parent securities lending agent or sub-agent, other collateral permitted under PTE company’s subsidiaries, and notice of provided (i) FMP provided to such 2006–16 (as amended from time to time any material adverse change in financial Client Plans no later than April 15, or, alternatively, any additional or condition since the date of the most 2008, a description of the general terms superseding class exemption that may recent financial statement being of the securities loan agreements be issued to cover securities lending by furnished to the Client Plans, and (ii) at between such Client Plans and the Bear employee benefit plans), having, as of the time of providing such information, Stearns Affiliates and (ii) at the time of the close of business on the preceding FMP notified each Client Plan that it providing such information, FMP business day, a market value (or, in the had 10 days to object in writing to the notified each Client Plan that it had 10 case of a letter of credit, a stated continued lending of securities to the days to object in writing to the amount) initially equal to at least the Bear Stearns Affiliates. If a written continued lending of securities to the percentage required in PTE 2006–16 (as objection is received from a Client Plan Bear Stearns Affiliates. If a written amended from time to time) but in no within the 10-day period, FMP shall objection is received from a Client Plan case less than 102 percent of the market cease to make any new securities loans within the 10-day period, FMP shall value of the loaned securities. on behalf of that Client Plan to Bear (g) If the market value of the collateral Stearns Affiliates; any securities loans 3 The Department, herein, is not providing on the close of trading on a business day made on behalf of that Client Plan to exemptive relief for securities lending transactions engaged in by primary lending agents, other than is less than 100 percent of the market Bear Stearns Affiliates prior to the date FMP, beyond that provided pursuant to PTE 2006– value of the borrowed securities at the the objection is received shall be 16. close of business on that day, Global covered by this exemption, and FMP

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shall seek to expeditiously terminate of such loaned securities as of such assets are commingled for investment such securities loan in a manner date, plus purposes in a single master trust or any approved by the Client Plan. Loans of (iii) Interest from such date to the date other entity the assets of which are securities by such Client Plans to a Bear of payment. ‘‘plan assets’’ under 29 CFR 2510.3–101 Stearns Affiliate entered into on or after The lending Client Plans will be (the Plan Asset Regulation), which April 15, 2008, under the same indemnified in the United States for any entity is engaged in securities lending securities loan agreement terms loans to the Foreign Affiliated arrangements with Global Capital disclosed in accordance with the second Borrowers. Markets, the foregoing $50 million paragraph of section II(c)(3) above shall (2) In the event the U.S. Affiliated requirement shall be deemed satisfied if be deemed to satisfy this section II(i), Borrower defaults on a loan, JPMCB will such trust or other entity has aggregate absent a material adverse change in the liquidate the loan collateral to purchase assets which are in excess of $50 financial condition of the particular identical securities for the Client Plan. million; provided that if the fiduciary Bear Stearns Affiliate since April 15, If the collateral is insufficient to responsible for making the investment 2008 (in which event the provisions of accomplish such purchase, either decision on behalf of such master trust the first paragraph of this section II(i) JPMCB or the U.S. Affiliated Borrower or other entity is not the employer or an shall apply). will indemnify the Client Plan for any affiliate of the employer, such fiduciary (j) In return for lending securities, the shortfall in the collateral plus interest has total assets under its management Client Plan either— on such amount and any transaction and control, exclusive of the $50 million costs incurred (including attorney’s fees (1) Receives a reasonable fee, which is threshold amount attributable to plan of the Client Plan for legal actions related to the value of the borrowed investment in the commingled entity, arising out of the default on the loans or securities and the duration of the loan; which are in excess of $100 million. failure to indemnify property under this or (2) In the case of two or more Client provision). (2) Has the opportunity to derive Plans which are not maintained by the (m) The Client Plan receives the same employer, controlled group of compensation through the investment of equivalent of all distributions made to cash collateral. (In the case of cash corporations or employee organization holders of the borrowed securities (i.e., the Unrelated Client Plans), whose collateral, the Client Plan may pay a during the term of the loan, including loan rebate or similar fee to Global assets are commingled for investment all interest, dividends and distributions purposes in a group trust or any other Capital Markets if such fee is not greater on the loaned securities during the loan than the fee the Client Plan would pay form of entity the assets of which are period. ‘‘plan assets’’ under the Plan Asset an unrelated party in a comparable (n) Prior to any Client Plan’s approval Regulation, which entity is engaged in arm’s length transaction.) of the lending of its securities to Global securities lending arrangements with (k) All procedures regarding the Capital Markets, copies of the notice of Global Capital Markets, the foregoing securities lending activities conform to proposed exemption and the final $50 million requirement is satisfied if the applicable provisions of PTE 2006– exemption, and, effective November 7, such trust or other entity has aggregate 16 (as amended from time, or 2008, the proposed amendment to the assets which are in excess of $50 alternatively, any additional or exemption and, upon publication in the million (excluding the assets of any superseding class exemption that may Federal Register, the final amendment Client Plan with respect to which the be issued to cover securities lending by to the exemption, are provided to the fiduciary responsible for making the employee benefit plans). Client Plan; provided, that for Client investment decision on behalf of such (l) If Global Capital Markets defaults Plans of FMP as of the date of the group trust or other entity or any on the securities loan or enters proposed amendment or final member of the controlled group of bankruptcy, the collateral will not be amendment, as applicable, is published corporations including such fiduciary is available to Global Capital Markets or its in the Federal Register, section II(n) the employer maintaining such Plan or creditors, but will be used to make the shall be deemed satisfied if such notice an employee organization whose Client Plan whole. In this regard, is provided to the Client Plan within 15 members are covered by such Plan). (1) In the event a Foreign Affiliated days of publication in the Federal However, the fiduciary responsible for Borrower defaults on a loan, JPMCB will Register. making the investment decision on liquidate the loan collateral to purchase (o) Each Client Plan receives a behalf of such group trust or other identical securities for the Client Plan. monthly report with respect to its entity— If the collateral is insufficient to securities lending transactions, (i) Has full investment responsibility accomplish such purchase, JPMCB will including but not limited to the with respect to plan assets invested indemnify the Client Plan for any information described in Representation therein; and shortfall in the collateral plus interest 24 of the proposed exemption for PTE (ii) Has total assets under its on such amount and any transaction 99–34 (64 FR 34281, 6/25/99), so that an management and control, exclusive of costs incurred (including attorney’s fees independent fiduciary of the Client Plan the $50 million threshold amount of the Client Plan for legal actions may monitor the securities lending attributable to plan investment in the arising out of the default on the loans or transactions with Global Capital commingled entity, which are in excess failure to indemnify properly under this Markets. of $100 million. provision). Alternatively, if such (p) Only Client Plans with total assets (In addition, none of the entities identical securities are not available on having an aggregate market value of at described above are formed for the sole the market, FMP will pay the Client least $50 million are permitted to lend purpose of making loans of securities.) Plan cash equal to— securities to Global Capital Markets; (q) With respect to each successive (i) The market value of the borrowed provided, however, that— two week period, on average, at least 50 securities as of the date they should (1) In the case of two or more Client percent or more of the outstanding have been returned to the Client Plan, Plans which are maintained by the same dollar value of securities loans plus employer, controlled group of negotiated on behalf of Client Plans by (ii) All the accrued financial benefits corporations or employee organization FMP, in the aggregate, will be to derived from the beneficial ownership (i.e., the Related Client Plans), whose unrelated borrowers.

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(r) In addition to the above, all loans necessary to enable the persons (a) Repayment of the Bear Stearns involving Foreign Affiliated Borrowers described in paragraph (t)(1) to Master Note is unconditionally within Global Capital Markets have the determine whether the conditions of the guaranteed by JPMCB. following supplemental requirements: exemption have been met, except that— (b) For purposes of this Section III, the (1) Such Foreign Affiliated Borrower (1) A prohibited transaction will not term ‘‘Bear Stearns Master Note’’ means is registered as a bank or broker-dealer be considered to have occurred if, due the $750 million Evergreen Advance with— to circumstances beyond the control of dated October 23, 2007, under the (i) The Financial Services Authority JPMCB or JPMSI, the records are lost or Master Note Agreement dated February in the case of J. P. Morgan Securities destroyed prior to the end of the six year 9, 2007, by and between JPMCB as agent Ltd.; period; and for a group of lending entities and (ii) The Office of the Superintendent (2) No party in interest other than certain subsidiaries of The Bear Stearns of Financial Institutions (OSFI), in the JPMCB or JPMSI shall be subject to the Companies Inc., which matured on June case of J.P. Morgan Securities Canada civil penalty that may be assessed under 13, 2008, and was paid in full. Inc.; section 502(i) of the Act, or to the taxes (iii) The Australian Securities & imposed by section 4975(a) and (b) of Section IV. Definitions Investments Commission in the case of the Code, if the records are not For purposes of this exemption, J.P. Morgan Securities Australia Ltd.; maintained, or are not available for (a) The terms ‘‘JPMCB’’ and ‘‘JPMCC’’ and examination as required below by as referred to herein in Sections I, II and (iv) The Financial Services Agency in paragraph (t)(1). III, refer to JPMorgan Chase Bank, the case of J.P. Morgan Securities Japan (t)(1) Except as provided in National Association, and its parent, Ltd. subparagraph (t)(2) of this paragraph JPMorgan Chase & Co., Inc. (2) Such broker-dealer or bank is in and notwithstanding any provisions of (b) The term ‘‘affiliate’’ means any compliance with all applicable subsections (a)(2) and (b) of section 504 entity now or in the future, directly or provisions of Rule 15a–6 (17 CFR of the Act, the records referred to in indirectly, controlling, controlled by, or 240.15a–6) under the Securities paragraph (s) are unconditionally under common control with JPMCC or Exchange Act of 1934 (the 1934 Act) available at their customary location its successors. (For purposes of this which provides for foreign broker- during normal business hours by: definition, the term ‘‘control’’ means the dealers a limited exemption from (i) Any duly authorized employee or power to exercise a controlling United States registration requirements; representative of the Department, the influence over the management or (3) All collateral is maintained in Internal Revenue Service or the policies of a person other than an United States dollars or dollar- Securities and Exchange Commission; individual.) denominated securities or letters of (ii) Any fiduciary of a participating (c) The term ‘‘U.S. Affiliated credit of U.S. banks or any combination Client Plan or any duly authorized Borrower’’ means an affiliate of JPMCC thereof, or other collateral permitted representative of such fiduciary; that is a bank supervised by the United under PTE 2006–16 (as amended from (iii) Any contributing employer to any States or a State, or a broker-dealer time to time, or alternatively, any participating Client Plan or any duly registered under the 1934 Act. additional or superseding class authorized employee representative of (d) The term ‘‘Foreign Affiliated exemption that may be issued to cover such employer; and Borrower’’ means an affiliate of JPMCC securities lending by employee benefit (iv) Any participant or beneficiary of that is a bank or a broker-dealer which plans); any participating Client Plan, or any is supervised by— (4) All collateral is held in the United duly authorized representative of such (i) The Financial Services Authority States; participant or beneficiary. in the United Kingdom; (5) The situs of the Loan Agreement (t)(2) None of the persons described (ii) OSFI in Canada; is maintained in the United States; above in paragraphs (t)(1)(ii)–(t)(1)(iv) of (iii) The Australian Securities & (6) The lending Client Plans are this paragraph (t)(1) are authorized to Investments Commission in Australia; indemnified by JPMCB in the United examine the trade secrets of JPMCB, the and States for any transactions covered by U.S. Affiliated Borrowers, or the Foreign (iv) The Financial Services Agency in this exemption with the Foreign Affiliated Borrowers or commercial or Japan. Affiliated Borrower so that the Client financial information which is (e) The term ‘‘Bear Stearns Affiliate’’ Plans do not have to litigate in a foreign privileged or confidential. means The Bear Stearns Companies Inc. jurisdiction nor sue the Foreign and its affiliates as constituted on March Section III. Temporary Exemption for Affiliated Borrower to realize on the 15, 2008. Investment in Bear Stearns Master Note indemnification; and (f) The term ‘‘Independent Fiduciary’’ (7) Prior to the transaction, each The restrictions of sections means a fiduciary who is independent Foreign Affiliated Borrower enters into 406(a)(1)(A) through (D) and sections of and unrelated to JPMCB and Bear a written agreement with FMP on behalf 406(b)(1) and (2) of the Act and the Stearns Affiliates. For purposes of this of the Client Plan whereby the Foreign sanctions resulting from the application exemption, a fiduciary will not be Affiliated Borrower consents to service of section 4975 of the Code, by reason deemed to be independent of and of process in the United States and to of section 4975(c)(1)(A) through (E) of unrelated to JPMCB and Bear Stearns the jurisdiction of the courts of the the Code, shall not apply to the Affiliates if: United States with respect to the investment of securities lending (i) Such fiduciary directly or transactions described herein. collateral by JPMCB, as the investment indirectly controls, is controlled by, or (s) JPMCB or J.P. Morgan Securities manager of such collateral on behalf of is under common control with JPMCB Inc. (JPMSI) maintains, or causes to be the Client Plan or Collective Fund that or a Bear Stearns Affiliate; maintained within the United States for has lent the securities, in the Bear (ii) Such fiduciary, or any employee a period of six years from the date of Stearns Master Note (as defined in of the fiduciary who will be involved in such transaction, in a manner that is paragraph (b) below), provided that the the Review (as defined in section IV(g)), convenient and accessible for audit and condition set forth below in paragraph or any officer, director, partner, or examination, such records as are (a) is met. highly compensated employee (as

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defined in section 4975(e)(2)(H) of the unrelated party (as required by section concern. Relief would be limited to Code) of the fiduciary, is an officer, II(d) hereof); loans for those Client Plans that were director, partner or highly compensated (iii) Whether with respect to each clients of FMP during the March 16 to employee (as defined in section successive two-week period, on average, April 15 period, because those are the 4975(e)(2)(H) of the Code) of JPMCB or at least 50 percent or more of the only plans that will have received the a Bear Stearns Affiliate; or any member outstanding dollar value of securities required disclosures by the April 15, of the business segment performing the loans negotiated on behalf of Client 2008 date. For post-April 15 clients, the independent fiduciary services is a Plans by FMP, in the aggregate, were to general rules of the exemption would relative of an officer, director, partner or unrelated borrowers (as required by apply. With that understanding of the highly compensated employee (as section II(q) of the exemption); and applicability of the special relief, the defined in section 4975(e)(2)(H) of the (iv) Whether investment by the Department has revised the final Code) of JPMCB or a Bear Stearns applicable Client Plan in the underlying exemption accordingly. Affiliate. securities that were loaned was The Applicants also suggest that with However, if an individual is a director consistent with the investment respect to section II(i), language be of the fiduciary and an officer, director, guidelines for the particular Client Plan added to clarify that the special relief partner or highly compensated account. would not supersede the requirement to employee (as defined in section For a more complete statement of update the provided information in the 4975(e)(2)(H) of the Code) of JPMCB or facts and representations supporting the event of a material adverse change to the a Bear Stearns Affiliate, and if he or she Department’s decision to grant PTE 99– borrower’s financial condition. The abstains from participation in the 34, refer to the proposed exemption (64 Applicants provided the following Review, then this section IV(f)(ii) shall FR 34281, June 25, 1999), the grant sentence to be added to section II(i): not apply. notice (64 FR 46419, August 25, 1999) Loans of securities by such Client Plans to For purposes of this section IV(f)(ii), and the notice of proposed amendment the term officer means a president, any a Bear Stearns Affiliate entered into on or (the Notice)(73 FR 63200, October 23, after April 15, 2008, under the same vice president in charge of a principal 2008). securities loan agreement terms disclosed in business unit, division or function (such accordance with the second paragraph of DATES: Effective Date: Except as as sales, administration, or finance), or section II(c)(3) above shall be deemed to any other officer who performs a policy- otherwise specified herein, the satisfy this section II(i), absent a material making function for the fiduciary, amendment is effective as of August 25, adverse change in the financial condition of JPMCB, or a Bear Stearns Affiliate. 1999. the particular Bear Stearns Affiliate since (iii) Such fiduciary directly or Written Comments: The Department April 15, 2008 (in which event the provisions indirectly receives any compensation or received one comment with respect to of the first paragraph of this section II(i) shall other consideration for his or her own the Notice, which was filed by the apply). personal account in connection with Applicants. The Applicants’ The Department has added Applicants’ any transaction described in this commentary, a discussion of the proposed sentence at the end of the new exemption, except that the Independent Department’s views in response thereto paragraph in section II(i). Fiduciary may receive compensation and the modifications to the proposed Applicants request that an additional from JPMCB for acting as Independent exemption are discussed below. sentence be added to the new Fiduciary as contemplated herein if the The Applicants noted that the paragraphs in section II(c)(3) and II(i) to amount or payment of such proposed amendments to sections give effect to certain provisions compensation is not contingent upon or II(c)(3) and II(i) would deem certain previously only described in the in any way affected by the Independent disclosure conditions of the exemption disclosure provisions of these Fiduciary’s ultimate decision; or to be satisfied with respect to Bear paragraphs. The disclosure provisions (iv) The annual gross revenue Stearns Affiliate loans ‘‘for the period in question require that FMP notify each received by such fiduciary, during any between March 16, 2008, and April 15, Client Plan of its ability to object to year of its engagement, from JPMCB and 2008,’’ provided that the required continued securities lending to Bear Bear Stearns Affiliates exceeds five information was furnished to the plans Stearns Affiliates, and detail the process percent (5%) of the fiduciary’s annual no later than April 15, 2008. The special that will occur if a Client Plan objects. gross revenue from all sources for its relief would expire on April 15, 2008, Applicants’ proposed sentence states prior tax year. and then preexisting disclosure that: (g) The term ‘‘Review’’ means a test by conditions, which require disclosure prior to participating in a securities If a written objection is received from a an Independent Fiduciary of a Client Plan within the 10-day period, FMP representative sample of transactions lending program and before any loans shall cease to make any new securities loans falling under section II(b)(i) of this are effected, would apply. Applicants on behalf of that Client Plan to Bear Stearns Exemption that is sufficient in size to believe that loans to Bear Stearns Affiliates; any securities loans made on afford the Independent Fiduciary a Affiliates that were made before April behalf of that Client Plan to Bear Stearns reasonable basis to make findings as to 15, 2008, in reliance on the special Affiliates prior to the date the objection is compliance with the following: relief, might be deemed non-compliant received shall be covered by this exemption, (i) Whether allocation of the after April 15, 2008. Additionally, and FMP shall seek to expeditiously opportunity to lend securities to the according to the Applicants, reinstating terminate such securities loan in a manner applicable client plan account was in the general rule as of April 15, 2008, approved by the Client Plan. accordance with JPMCB’s internal might also mean that further loans to The Department concurs; however, to securities loan allocation procedures; Bear Stearns Affiliates could not be avoid redundancy, the Department (ii) Whether the loan of securities by made after that date even though the shortened the disclosure provisions the Client Plan to Bear Stearns Affiliates required information has now been preceding Applicants’ requested was at market rates and terms which provided. sentences. were at least as favorable to such Client The Applicants suggest that removing With respect to section II(n), which Plan as if made at the same time and the end date on the period for which requires copies of the notice of proposed under the same circumstances to an relief is provided would address this exemption and final exemption to be

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provided to Client Plans, Applicants to protect plan participants and Bear Stearns Affiliates. The Department suggest that the section be amended to beneficiaries. In particular, the has made the requested change. require disclosure of the notice of Department notes that the definition DATES: Effective Date: Except as proposed amendment and final requires tracking the relatives only of otherwise specified herein, the amendment. The Department has the members of the SFS business unit amendment is effective as of August 25, revised that section as suggested. performing the independent fiduciary 1999. Applicants additionally request a services. The language, as revised, revision of the definition of reads: FOR FURTHER INFORMATION CONTACT: Karen E. Lloyd of the Department at ‘‘Independent Fiduciary,’’ in particular, (f) The term ‘‘Independent Fiduciary’’ the language describing the (202) 693–8554. (This is not a toll-free means a fiduciary who is independent of and number.) relationships that will cause the unrelated to JPMCB and Bear Stearns fiduciary not to be independent. The Affiliates. For purposes of this exemption, a General Information language in question, section IV(f)(ii) of fiduciary will not be deemed to be the exemption, reads: ‘‘Such fiduciary, independent of and unrelated to JPMCB and The attention of interested persons is or any officer, director, partner, Bear Stearns Affiliates if: directed to the following: employee or relative of the fiduciary, is *** (1) The fact that a transaction is the an officer, director, partner or employee (ii) Such fiduciary, or any employee of the subject of an exemption under section of JPMCB or a Bear Stearns Affiliate (or fiduciary who will be involved in the Review 408(a) of the Act and/or section is a relative of such persons).’’ (as defined in section IV(g)), or any officer, 4975(c)(2) of the Code does not relieve Applicants state that the firm that has director, partner, or highly compensated a fiduciary or other party in interest or been retained as Independent Fiduciary employee (as defined in section 4975(e)(2)(H) disqualified person from certain other of the Code) of the fiduciary, is an officer, is U.S. Trust, Bank of America Private provisions to which the exemption does director, partner or highly compensated Wealth Management, a business unit of employee (as defined in section 4975(e)(2)(H) not apply and the general fiduciary Bank of America, N.A. Bank of America of the Code) of JPMCB or a Bear Stearns responsibility provisions of section 404 has entered into a definitive agreement Affiliate; or any member of the business of the Act, which among other things to sell the Special Fiduciary Services segment performing the independent require a fiduciary to discharge his (‘‘SFS’’) business segment of U.S. Trust, fiduciary services is a relative of an officer, duties respecting the plan solely in the which is performing the Independent director, partner or highly compensated interest of the participants and Fiduciary services for purposes of the employee (as defined in section 4975(e)(2)(H) beneficiaries of the plan and in a exemption, to Evercore Partners of the Code) of JPMCB or a Bear Stearns prudent fashion in accordance with (Evercore), in a transaction expected to Affiliate. section 404(a)(1)(B) of the Act; nor does close in early 2009, before U.S. Trust However, if an individual is a director of it affect the requirement of section will be issuing its Independent the fiduciary and an officer, director, partner 401(a) of the Code that the plan must or highly compensated employee (as defined Fiduciary report. Following this operate for the exclusive benefit of the transaction, SFS will operate as in section 4975(e)(2)(H) of the Code) of JPMCB or a Bear Stearns Affiliate, and if he employees of the employer maintaining Evercore Trust Company, N.A., a or she abstains from participation in the the plan and their beneficiaries; subsidiary of Evercore, which will Review, then this section IV(f)(ii) shall not (2) This exemption is supplemental to assume the Independent Fiduciary role. apply. and not in derogation of, any other Given the size of JPMCB and Bear For purposes of this section IV(f)(ii), the provisions of the Act and/or the Code, Stearns, Applicants assert that term officer means a president, any vice including statutory or administrative relationships of individuals within president in charge of a principal business exemptions and transactional rules. these organizations would be difficult to unit, division or function (such as sales, Furthermore, the fact that a transaction monitor, and should not affect the administration, or finance), or any other is subject to an administrative or officer who performs a policy-making fiduciary’s independence unless they statutory exemption is not dispositive of involve persons with responsibility for function for the fiduciary, JPMCB, or a Bear Stearns Affiliate. whether the transaction is in fact a the particular transaction. More prohibited transaction; and specifically, Applicants informed the Finally, Applicants address the (3) The availability of this exemption Department that monitoring relatives of definition of ‘‘Review’’ (section IV(g)(ii)) is subject to the express condition that the various classes of people was which states that the Independent the material facts and representations administratively burdensome. Fiduciary will conduct a review of: contained in the application accurately Applicants additionally request that a describes all material terms of the director of the fiduciary who is also an [w]hether the loan of securities by the Client Plan to Global Capital Markets was at transaction which is the subject of the officer, director, partner or highly market rates and terms which were at least exemption. compensated employee of JPMCB or a as favorable to such Client Plan as if made Bear Stearns Affiliate be permitted to at the same time and under the same Signed at Washington, DC, this 20th day of abstain from participation in the Review circumstances to an unrelated party * * *. rather than cause the fiduciary to fail to March, 2009. be independent. Finally, Applicants Applicants’ position is that the scope of Ivan Strasfeld, requested that the exemption contain a the Independent Fiduciary’s review is Director of Exemption, Determinations definition of the term ‘‘officer.’’ limited to securities loans to Bear Employee Benefits Security Administration, The Department has revised the Stearns Affiliates, and accordingly, U.S. Department of Labor. language to reduce the administrative references in this section to Global [FR Doc. E9–6620 Filed 3–25–09; 8:45 am] burden to Applicants while continuing Capital Markets should be changed to BILLING CODE 4510–29–P

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DEPARTMENT OF LABOR ‘‘[email protected]’’, or by FAX to Section IV(e), by certain employee (202) 219–0204 by the end of the benefit plans (Client Plan or Client Employee Benefits Security scheduled comment period. The Plans) for which PNC, as defined, Administration applications for exemption and the below, in Section IV(a), serves as a [Application Nos. and Proposed comments received will be available for fiduciary and is a party in interest with Exemptions; D–11397, PNC Financial public inspection in the Public respect to such Client Plan(s), if the Services Group, Inc. (PNC Financial); D– Documents Room of the Employee exemption is granted, the restrictions of 11552, Barclays Bank PLC and Barclays Benefits Security Administration, U.S. sections 406(a) and 406(b) of the Act Capital Inc. (Collectively, Barclays or the Department of Labor, Room N–1513, and the sanctions resulting from the Applicants; D–11536 Through D–11550, 200 Constitution Avenue, NW., application of section 4975 of the Code, Individual Retirement Accounts (the IRAs) Washington, DC 20210. by reason of sections 4975(c)(1)(A) for Ralph Hartwell, Harold Latin, Kenlon through (F) 1 of the Code, shall not Johnson, Carol Johnson, Shanon Taylor, Notice to Interested Persons Michael Ball, Dianne Barkas, Roy Barkas, apply, effective September 29, 2006, to: Notice of the proposed exemptions (a) The receipt of fees by PNC from a Harry DeWall, Alice Pike, Steven Larsen, will be provided to all interested C. Timothy Hopkins, Wayne Meuleman, Fund where BlackRock, as defined, Robert L. Miller, and Richard T. Scott persons in the manner agreed upon by below, in Section IV(b), acts as the (Collectively, the Participants), et al.] the applicant and the Department investment adviser for such Fund, and within 15 days of the date of publication the receipt of fees by BlackRock for the Notice of Proposed Exemptions in the Federal Register. Such notice provision of investment advisory shall include a copy of the notice of services, or similar services, to such AGENCY: Employee Benefits Security proposed exemption as published in the Administration, Labor. Fund; Federal Register and shall inform (b) the receipt of fees by PNC from a ACTION: Notice of proposed exemptions. interested persons of their right to Fund for providing certain service(s) comment and to request a hearing (Secondary Service(s)), as defined, SUMMARY: This document contains (where appropriate). notices of pendency before the below, in Section IV(i), to such Fund; SUPPLEMENTARY INFORMATION: The Department of Labor (the Department) of and proposed exemptions were requested in proposed exemptions from certain of the (c) the receipt of fees by PNC from applications filed pursuant to section prohibited transaction restrictions of the BlackRock in connection with 408(a) of the Act and/or section Employee Retirement Income Security administrative service(s) (Mutual Fund 4975(c)(2) of the Code, and in Act of 1974 (ERISA or the Act) and/or Administration Service(s)), as defined, accordance with procedures set forth in the Internal Revenue Code of 1986 (the below, in Section IV(l), provided to a 29 CFR Part 2570, Subpart B (55 FR Code). Fund in which a Client Plan invests; 32836, 32847, August 10, 1990). provided that the conditions, as set forth Written Comments and Hearing Effective December 31, 1978, section in Section II and Section III, below, Requests 102 of Reorganization Plan No. 4 of were satisfied, as of the effective date of All interested persons are invited to 1978, 5 U.S.C. App. 1 (1996), transferred this exemption and thereafter. submit written comments or requests for the authority of the Secretary of the Treasury to issue exemptions of the type Section II—Specific Conditions a hearing on the pending exemptions, requested to the Secretary of Labor. unless otherwise stated in the Notice of (a) PNC, serving as a fiduciary for a Therefore, these notices of proposed Proposed Exemption, within 45 days Client Plan, satisfies any one (but not exemption are issued solely by the from the date of publication of this all) of the following: Department. Federal Register Notice. Comments and (1) A Client Plan invested in a Fund The applications contain does not pay any plan-level investment requests for a hearing should state: (1) representations with regard to the the name, address, and telephone management fee, investment advisory proposed exemptions which are fee, or similar fee (Plan-Level Fee(s)) to number of the person making the summarized below. Interested persons comment or request, and (2) the nature PNC with respect to any of the assets of are referred to the applications on file such Client Plan which are invested in of the person’s interest in the exemption with the Department for a complete and the manner in which the person shares of such Fund for the entire statement of the facts and period of such investment (the Offset would be adversely affected by the representations. exemption. A request for a hearing must Fee Method). This condition does not also state the issues to be addressed and PNC Financial Services Group, Inc. preclude the payment of investment include a general description of the (PNC Financial) Located in advisory fees or similar fees (Fund-Level evidence to be presented at the hearing. Pittsburgh, Pennsylvania [Application Fee(s)) by a Fund to BlackRock under No. D–11397] ADDRESSES: All written comments and the terms of an investment advisory requests for a hearing (at least three Proposed Exemption agreement adopted in accordance with section 15 of the Investment Company copies) should be sent to the Employee The Department is considering Act of 1940 (the Investment Company Benefits Security Administration granting an exemption under the Act); (EBSA), Office of Exemption authority of section 408(a) of the Act (2) A Client Plan invested in a Fund Determinations, Room N–5700, U.S. and section 4975(c)(2) of the Code and pays an investment management fee or Department of Labor, 200 Constitution in accordance with the procedures set similar fee based on total assets of such Avenue, NW., Washington, DC 20210. forth in 29 CFR part 2570, subpart B (55 Client Plan from which a credit has Attention: Application No. ll, stated FR 32836, 32847, August 10, 1990): in each Notice of Proposed Exemption. been subtracted representing such Interested persons are also invited to Section I—Exemption for Receipt of Client Plan’s pro rata share of submit comments and/or hearing Fees 1 For purposes of this exemption reference to requests to EBSA via e-mail or FAX. In connection with the investment in specific provisions of Title I of the Act, unless Any such comments or requests should an open-end investment company (a otherwise specified, refer also to the corresponding be sent either by e-mail to: Fund or Funds), as defined, below, in provisions of the Code.

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investment advisory fees or similar fees (b) The price paid or received by a consider investment in such Fund to be paid by such Fund to BlackRock (the Client Plan for shares in a Fund is the appropriate for such Client Plan; Subtraction Fee Method). If, during any net asset value per share, as defined, (4) A statement describing whether fee period for which a Client Plan has below, in Section IV(f), at the time of the there are any limitations applicable to prepaid its investment management or transaction, and is the same price which PNC with respect to which assets of a similar fee, such Client Plan purchases would have been paid or received for Client Plan that may be invested in such shares of such Fund, the requirement of such shares by any other investor in Fund, and if so, the nature of such this Section II(a)(2) shall be deemed met such Fund at that time; limitations; and with respect to such prepaid fee if, by (c) PNC, including any officer or (5) Upon the request of the Second a method reasonably designed to director of PNC, does not purchase Fiduciary, acting on behalf of a Client accomplish the same, the amount of the shares of a Fund from any Client Plan Plan, a copy of the proposed exemption prepaid fee that constitutes the fee with or sell shares of a Fund to any Client and a copy of the final exemption, if respect to the assets of such Client Plan Plan; granted, once such documents are invested in shares of such Fund: (i) Is (d) A Client Plan does not pay sales published in the Federal Register. (i) On the basis of the information anticipated and subtracted from the commissions in connection with any described, above, in Section II(h), a prepaid fee at the time of payment of purchase or sale of shares of a Fund, Second Fiduciary, acting on behalf of a such fee, (ii) is returned to such Client and a Client Plan does not pay Client Plan, authorizes in writing: (1) Plan no later than during the redemption fees in connection with any sale of shares to a Fund, unless (1) such The investment of the assets of such immediately following fee period, or Client Plan in shares of each particular (iii) is offset against the prepaid fee for redemption fee is paid only to a Fund, and Fund; and (2) the fees received by PNC the immediately following fee period or and by BlackRock in connection with for the fee period immediately following (2) The existence of such redemption fee is disclosed in the prospectus for services provided by PNC and by thereafter. For purposes of this Section BlackRock to such Fund. Such II(a)(2), a fee shall be deemed to be such Fund in effect both at the time of any purchase of such shares and at the authorization by a Second Fiduciary prepaid for any fee period, if the amount must be consistent with the of such fee is calculated as of a date not time of such sale; (e) The combined total of all fees responsibilities, obligations, and duties later than the first day of such period; received by PNC for services provided imposed on fiduciaries by Part 4 of Title or by PNC: I of the Act. (3) A Client Plan invested in a Fund (1) To Client Plans, and (j)(1) All authorizations, described, receives a ‘‘a credit’’ 2 (the Credit Fee (2) To Funds in which Client Plans above, in Section II(i), made by a Method) of such Client Plan’s invest is not in excess of reasonable Second Fiduciary, regarding: (i) proportionate share of all fees charged compensation within the meaning of Investments by a Client Plan in a Fund, to such Fund by BlackRock for section 408(b)(2) of the Act; (ii) fees paid for investment advisory investment advisory services or similar (f) PNC does not receive any fees services or similar services provided by services for a particular month: (1) payable pursuant to Rule 12b–1 under BlackRock to such Fund, (iii) fees paid Effective for the period, September 29, the Investment Company Act in for Secondary Services provided by PNC 2006, through December 31, 2008, on connection with the subject to such Fund, and (iv) fees paid by the earlier of either: (a) The same day as transactions; BlackRock to PNC for Mutual Fund PNC receives a fee from BlackRock for (g) A Client Plan is not an employee Administration Services provided by Mutual Fund Administration Services benefit plan sponsored or maintained by PNC to such Fund, shall be terminable provided for that month to such Fund PNC; at will by the Second Fiduciary, acting by PNC, or (b) the fifth business day (h) A second fiduciary (Second on behalf of such Client Plan, without before the end of the month following Fiduciary), as defined, below, in Section penalty to such Client Plan, upon the month in which fees for investment IV(h), who is acting on behalf of a Client receipt by PNC of a written notice of advisory services, or similar services, Plan receives, in advance of any initial termination. A form (the Termination accrued, or (2) effective for the period investment by a Client Plan in a Fund, Form), as defined, below, in Section beginning, January 1, 2009, and full and detailed written disclosure of IV(j), expressly providing an election to continuing thereafter, on a date which is information concerning such Fund, terminate the authorizations, described, no later than one business day after including but not limited to: above, in Section II(i), with instructions BlackRock receives fees from the Fund (1) A current prospectus for each on the use of such Termination Form for investment advisory services, or Fund in which such Client Plan is must be provided to such Second similar services, provided for that considering investing; Fiduciary at least annually. However, if month to such Fund by BlackRock. The (2) A statement describing the fees, a Termination Form has been provided crediting of all such fees to such Client including the nature and extent of any to such Second Fiduciary, pursuant to Plan by PNC is audited by an differential between the rates of such Section II(k) and (l), below, then a independent accounting firm (the fees for: Termination Form need not be provided Auditor) on at least an annual basis to (i) Any investment advisory or similar again, pursuant to this Section II(j), verify the proper crediting of such fees services to be paid by such Fund to unless at least six (6) months but no to such Client Plan. BlackRock, more than twelve (12) months have (ii) Any Secondary Services to be paid elapsed, since a Termination Form was by such Fund to PNC, provided, pursuant to Section II(k) and 2 PNC Financial represents that it would be accurate to describe ‘‘the credit’’ as a ‘‘credited (iii) Any Mutual Fund Administration (l), below. dollar amount’’ to cover situations in which the Services to be paid by BlackRock to (2) The instructions for the credited amount is used to acquire additional PNC, and Termination Form must include the shares of a Fund, rather than being held by a Client (iv) All other fees to be charged to or following statements: Plan in the form of cash. It is represented that the standard practice is to reinvest the ‘‘credited dollar paid by a Client Plan and by such Fund; (i) The authorization, described, amount’’ in additional shares of the same Fund (3) The reasons why PNC, acting as above, in Section II(i), is terminable at with respect to which the fees were credited. fiduciary for such Client Plan, may will by the Second Fiduciary, acting on

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behalf of a Client Plan, without penalty (iii) A proposed increase in the rate of Section III—General Conditions to such Client Plan, upon receipt by any fee paid by a Fund to PNC for any (a) PNC maintains for a period of six PNC of written notice from such Second Secondary Service, or (6) years the records necessary to enable Fiduciary. (iv) A proposed increase in the rate of the persons described, below, in Section (ii) Failure by such Second Fiduciary any fee paid by BlackRock to PNC for III(b) to determine whether the to return the Termination Form on Mutual Fund Administration Services conditions of this exemption have been behalf of such Client Plan will be provided to such Fund, or met, except that: deemed to be an approval by the Second (v) A proposed increase in the rate of (1) A prohibited transaction will not Fiduciary and will result in the any fee paid for Secondary Services or be considered to have occurred, if solely continuation of the authorization, as for Mutual Fund Administration because of circumstances beyond the described, above, in Section II(i), of PNC Services that results from the decrease to engage in the transactions which are control of PNC, the records are lost or in the number or kind of services the subject of this exemption. destroyed prior to the end of the six- (k) For a Client Plan invested in a performed by PNC for such fee over an year period, and Fund which uses one of the fee methods existing rate for services which had (2) No party in interest other than described, above, in Section II(a)(1), been authorized, in accordance with PNC shall be subject to the civil penalty (a)(2), or (a)(3), in the event of a Section II(i), by the Second Fiduciary that may be assessed under section proposed change from one of the fee for a Client Plan invested in such Fund, 502(i) of the Act or to the taxes imposed methods to another or in the event of a PNC, at least thirty (30) days in advance by section 4975(a) and (b) of the Code proposed increase in the rate of any fee of the implementation of such fee if the records are not maintained or are paid by a Fund to BlackRock for any increase or additional service for which not available for examination as investment advisory service, or similar an additional fee is charged, will required by Section III(b), below. service that BlackRock provides to such provide a written notice (which may (b)(1) Except as provided in Section Fund over an existing rate for such take the form of a proxy statement, III(b)(2) and notwithstanding any services or method of determining the letter, or similar communication that is provisions of section 504(a)(2) of the fee for such services, which had been separate from the prospectus of such Act, the records referred to in Section authorized, in accordance with Section Fund and which explains the nature III(a) are unconditionally available at II(i), above, by the Second Fiduciary for and amount of the additional service for their customary location for such Client Plan, at least thirty (30) days which an additional fee is charged or examination during normal business in advance of the implementation of the nature and amount of the increase hours by— such change from one of the fee in fees) to the Second Fiduciary of each (i) Any duly authorized employee or methods to another or such increase in Client Plan invested in such Fund representative of the Department or the a fee, PNC will provide a written notice which is proposing to increase fees or Internal Revenue Service, (which may take the form of a proxy add services for which an additional fee (ii) Any fiduciary of a Client Plan who statement, letter, or similar is charged. Such notice shall be has authority to acquire or dispose of communication that is separate from the accompanied by a Termination Form, shares of a Fund owned by such Client prospectus of such Fund and which with instructions on the use of such Plan, or any duly authorized employee explains the nature and amount of such Termination Form, as described, above or representative of such fiduciary, and change from one of the fee methods to in Section II(j). (iii) Any participant or beneficiary of another or increase in fee) to the Second (m) On an annual basis, PNC, serving a Client Plan or duly authorized Fiduciary of each Client Plan affected by as fiduciary to a Client Plan, provides employee or representative of such such change from one of the fee the Second Fiduciary of such Client participant or beneficiary. methods to another or increased fee. Plan invested in a Fund with: (2) None of the persons described in Such notice shall be accompanied by a (1) A copy of the current prospectus Section III(b)(1)(ii) and (iii) shall be Termination Form, with instructions on for such Fund in which such Client Plan authorized to examine trade secrets of the use of such Termination Form, as invests; PNC, or commercial or financial 3 described, above, in Section II(j). (2) Upon the request of such Second information which is privileged or (l) In the event of: Fiduciary, a copy of the Statement of confidential. (i) A proposed addition of a Additional Information for such Fund Secondary Service for which an Section IV—Definitions which contains a description of all fees additional fee is charged; or For purposes of this exemption: (ii) A proposed addition of a Mutual paid by such Fund to PNC and all fees (a) The term, ‘‘PNC,’’ means PNC Fund Administration Service provided paid by BlackRock to PNC for Mutual Financial, and any affiliate thereof, as by PNC to a Fund in which a Client Plan Fund Administration Services; defined, below in Section IV(c). invests and for which an additional fee (3) A copy of the annual financial (b) The term, ‘‘BlackRock,’’ means is charged; or disclosure report which includes BlackRock, Inc., and any affiliate information about Fund portfolios, as thereof, as defined, below in Section 3 It is represented that PNC furnished only well as the audit findings of the IV(c). disclosure, not advanced notice, of a mid-2007 independent Auditor, within sixty (60) (c) An ‘‘affiliate’’ of a person includes: advisory fee change to the Second Fiduciaries of days of the preparation of such report; Client Plans invested in Funds using the Credit Fee (1) Any person directly or indirectly, Method. The change, which resulted in increased and through one or more intermediaries, fees to BlackRock of 0.5 basis points, (which it is (4) Oral or written responses to controlling, controlled by, or under represented was credited back to the Client Plans) inquiries of the Second Fiduciary of occurred effective June 1, 2007, with the disclosure common control with the person; being provided in October 2007, after the effective such Client Plan, as such inquiries arise. (2) Any officer, director, employee, date of such change. As the Second Fiduciaries of (n) All dealings between a Client Plan relative, or partner in any such person; the Client Plans did not receive notification of such and a Fund are on a basis no less and increase at least thirty (30) days in advance of the implementation of such increase, the Department, favorable to such Client Plan than (3) Any corporation or partnership of herein, is not providing relief for the receipt of such dealings between such Fund and other which such person is an officer, fee increase by BlackRock. shareholders invested in such Fund. director, partner, or employee.

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(d) The term, ‘‘control,’’ means the Plan in connection with any of the and its affiliates provide various types power to exercise a controlling transactions described in Section I of administrative services to mutual influence over the management or above, then Section IV(h)(2), above, funds, including acting as transfer and policies of a person other than an shall not apply. disbursing agents and providing individual. (i) The term, ‘‘Secondary Service(s),’’ custodial and accounting services. (e) The term, ‘‘Fund(s),’’ shall mean means a service or services which is/are As of June 30, 2006, PNC Financial any diversified open-end investment provided by PNC to a Fund, including had $50 billion in assets under company or companies registered with but not limited to custodial, accounting, management. the Securities and Exchange or administrative services. The fees for 2. The Funds are open-end Commission under the Investment providing Secondary Services to a Fund investment companies registered with Company Act, as amended, for which are paid to PNC by such Fund. the Securities and Exchange BlackRock serves as an investment (j) The term, ‘‘Termination Form,’’ Commission under the Investment adviser (but not sub-adviser). means the form supplied to a Second Company Act, as amended. The (f) The term, ‘‘net asset value,’’ means Fiduciary which expressly provides an investment adviser to the Fund is the amount for purposes of pricing all election to such Second Fiduciary to BlackRock Advisors, Inc. (BlackRock purchases and sales of shares of a Fund terminate on behalf of a Client Plan the Advisors), a wholly-owned subsidiary of calculated by dividing the value of all authorization described, above, in BlackRock, Inc. which is a subsidiary of securities, determined by a method as Section II(i). PNC Financial. BlackRock Advisors had set forth in the prospectus for such (k) The term, ‘‘business day,’’ means $464.1 billion in assets under Fund and in the statement of additional any day that management, as of June 30, 2006. Based information, and other assets belonging (i) PNC Financial is open for in New York, BlackRock Advisors to the Fund or portfolio of the Fund, conducting all or substantially all of its currently manages assets for less the liabilities charged to each such banking functions, and institutional and individual investors (ii) The New York Stock Exchange (or portfolio or Fund, by the number of worldwide through a variety of equity, any successor exchange) is open for outstanding shares. fixed income, cash management, and trading. (g) The term, ‘‘relative,’’ means a alternative investment products. relative as that term is defined in (l) The term, ‘‘Mutual Fund Administration Services,’’ means a The overall management of the Funds, section 3(15) of the Act (or a member of service or services which is/are including the negotiation of investment the family as that term is defined in provided by PNC to, or on behalf of, a advisory contracts, rests with the Board section 4975(e)(6) of the Code), or a Fund, including PNC’s maintaining of Trustees that are elected by the brother, a sister, or a spouse of a brother records of investments by Client Plans shareholders of the Funds. or a sister. in such Fund, processing Fund 3. PFPC Inc. serves as co- (h) The term, ‘‘Second Fiduciary,’’ administrator, transfer agent, and means a fiduciary of a Client Plan who transactions for Client Plans, transmitting account statements and dividend disbursing agent for the is independent of and unrelated to PNC Funds, and its parent company, PFPC and BlackRock. For purposes of this shareholder communications, responding to inquiries from Client Trust Company, serves as custodian for exemption, the Second Fiduciary will the Funds. Both are indirect wholly- not be deemed to be independent of and Plans regarding account balances and dividends, and providing information to owned subsidiaries of PNC Financial. unrelated to PNC and BlackRock if: The distributor for the Funds is (1) Such fiduciary, directly or such Fund on sales and assisting in monitoring possible market timing. The BlackRock Distributors, Inc., a wholly- indirectly controls, through one or more owned subsidiary of PFPC Inc. In the intermediaries, is controlled by, or is fees for providing Mutual Fund Administration Services to a Fund are application file, PNC Financial under common control with PNC or represents that the Funds or their agents with BlackRock; paid to PNC by BlackRock, rather than by such Fund. may pay fees to broker-dealers that are (2) Such fiduciary, or any officer, affiliates of PNC for omnibus account DATES: Effective Date: If granted, this director, partner, employee, or relative services with regard to shareholders that proposed exemption will be effective as of the fiduciary, is an officer, director, have invested through such broker- of September 29, 2006. partner, or employee of PNC or of dealers. In this regard, PNC Financial BlackRock (or is a relative of such Summary of Facts and Representations has agreed to the exclusion from the persons); or scope of relief under this proposed (3) Such fiduciary, directly or 1. PNC Financial is a bank holding company that owns or controls two exemption of brokerage services indirectly, receives any compensation or provided to the Funds by affiliated other consideration for his or her banks and a number of non-bank subsidiaries. PNC Financial provides, brokers for the execution of securities personal account in connection with transactions engaged in by the Funds.4 any transaction described in this through its subsidiaries, a wide variety of trust and banking services to 4. The Client Plans which are the exemption. subject of this exemption, include If an officer, director, partner, or individuals, corporations, and employee benefit plans, as defined in employee of PNC or of BlackRock (or institutions. Through its banking section 3(3) of the Act, and plans, as relative of such persons) is a director of subsidiaries, PNC Financial provides defined in section 4975(e)(1) of the such Second Fiduciary, and if he or she investment management, fiduciary and trustee services to employee benefit Code. abstains from participation in: PNC Financial, through its (i) The choice of such Client Plan’s plans and charitable and endowment subsidiaries and affiliates serves as investment adviser, assets, and provides non-discretionary (ii) The approval of any such services and investment options for trustee, investment manager, and in purchase or sale between such Client defined contribution plans. PNC other similar fiduciary capacities with Plan and a Fund, and Financial also provides a range of 4 The Department, herein, is not providing any (iii) The approval of any change in tailored investment, trust, and private relief for brokerage services provided to the Funds fees, as described, above, in Section II(k) banking products to affluent individuals by affiliated brokers for the execution of securities or (l), charged to or paid by such Client and families. In addition, PNC Financial transactions engaged in by the Funds.

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respect to retirement plans qualified of, a party in interest, of any assets of ‘‘BlackRock’’ name and is governed by under section 401(a) of the Code, such plan. a Board of Directors with a majority of individual retirement accounts (IRAs) Sections 3(14)(A) and (B) of the Act independent members. As a result of the described in section 408 of the Code, define the term, ‘‘party in interest,’’ to merger, Merrill Lynch holds a 49.8 and welfare or other employee benefit include, respectively, any fiduciary of a percent (49.8%) economic stake and plans that constitute ‘‘employee plans,’’ plan and any person providing services about 45 percent (45%) of the common as defined in section 3(3) of the Act to a plan. Under section 3(21)(A)(i) of stock of the new company, and the and/or plans, as defined in section the Act, a person is a fiduciary with interest of PNC in the common stock 4975(e)(1) of the Code. These services respect to a plan to the extent such was reduced from approximately 70 include discretionary investment person exercises authority or control percent (70%) to approximately 34 management programs under which with respect to the management or percent (34%) of the new company. PNC Financial and its affiliates invest disposition of a plan’s assets. Further, as a result of the merger, Under section 406(b) of the Act, a the assets of plans in securities, mutual funds previously advised by fiduciary with respect to a plan may not: including shares of open-end MLIM now have BlackRock Advisors, (1) Deal with the assets of a plan in his investment companies registered under acting as the investment adviser. The own interest or for his own account, (2) the Investment Company Act, the Funds previously advised by BlackRock in his individual or in any other investment advisers of which may or continue to operate as before. It is capacity act in any transaction involving may not be affiliated with PNC represented that certain Funds with a plan on behalf of a party (or represent Financial and its affiliates. similar investment objectives will be The specific Client Plans for which a party) whose interests are adverse to the interests of such plan or the interests merged to simplify investment offerings. this exemption has been requested are All Funds will be labeled with the Client Plans to which PNC Financial or of its participants or beneficiaries, or (3) receive any consideration for his own ‘‘BlackRock’’ name. For purposes of this one of its affiliates is a fiduciary with proposed exemption, the term, investment discretion and whose assets personal account from any party dealing with a plan in connection with a ‘‘Fund(s),’’ includes those former either: (1) Are currently invested in the Merrill Lynch funds that, following the Funds; or (2) may in the future be transaction involving the assets of such plan. merger, have BlackRock Advisors as the invested in the Funds. investment adviser. The exemption is not being requested Where PNC is a fiduciary with respect for in-house plans of PNC Financial or to a Client Plan, the investment of that Availability of PTE 77–4 after the its affiliates. Client Plan’s assets in a Fund advised Merger 5. PNC provides discretionary by BlackRock may potentially raise investment management services to a issues under sections 406(a)(1)(D), 9. As discussed above, PTE 77–4 number of its Client Plans. As of June 406(b)(1), 406(b)(2) and 406(b)(3) of the provides relief for investments in a 30, 2006, PNC performed discretionary Act, unless an exemption is available. Fund by a Client Plan for which PNC is asset management services, including Reliance on PTE 77–4 a fiduciary with investment discretion. through the management of asset However, PTE 77–4 applies only where 7. PTE 77–4 provides an exemption the investment adviser to such Fund is allocation models, for 1,102 employee from section 406 of the Act and section benefit accounts with total assets of also a fiduciary to such Client Plan, or 4975 of the Code for the purchase or an affiliate of such a fiduciary. $4.299 billion. PNC receives asset-based sale by a plan of mutual fund shares compensation for its services to the BlackRock is the investment adviser to where the investment adviser of such the Funds. However, because PNC, Client Plans, which is paid for either by fund: (1) Is a plan fiduciary or affiliated a Client Plan from its assets or by the rather than BlackRock, is the fiduciary with a plan fiduciary; and (2) is not an to the Client Plan, PNC is concerned sponsor of a Client Plan. In the course employer of employees covered by the of managing assets for Client Plans, PNC with its reliance on the relief provided plan. The conditions of the PTE 77–4 under PTE 77–4. may invest the assets of such Client prohibit the payment of commissions by Plans in the Funds as a means of a plan, limit the payment of redemption Retroactive Relief obtaining more specialized management fees by such plan, require prior along with enhanced liquidity, disclosure to and approval by a second 10. The Applicant has requested economies of scale, and greater fiduciary, and prohibit the payment of retroactive relief pursuant to ERISA 5 diversification than would be available double investment advisory fees. Technical Release 85–1. It is through a separate account arrangement. PNC is considered a fiduciary with represented that after the merger was Investments by Client Plans in the respect to Client Plans for which it has initially approved in February of 2006, Funds occur through direct purchases of investment discretion. PNC has in the PNC decided in June of 2006, to seek an shares of the Funds on an ongoing basis. past used and continues using individual exemption. On September PNC also offers an asset allocation investment discretion to invest the 26, 2006, the Department received an product, Capital Directions, which assets of Client Plans in the Funds. In application for exemption filed on utilizes the Funds. the past, PNC has relied on the relief behalf of PNC which was dated 6. Section 406(a)(1)(A) of the Act provided by PTE 77–4. September 25, 2006. It is represented prohibits a fiduciary with respect to a that the application was submitted as plan from causing such plan to engage Description of Merger soon as possible under the in a direct or indirect sale or exchange 8. On September 29, 2006, Merrill circumstances. In going forward on the of any property with a party in interest. Lynch and Co., Inc. (Merrill Lynch) basis of the requested relief, PNC Section 406(a)(1)(D) of the Act prohibits merged its asset management group, represents that it acted in good faith in a fiduciary with respect to a plan from Merrill Lynch Investment Managers this matter. Accordingly, PNC requests causing such plan to engage in a (MLIM), with BlackRock Advisors, in that the proposed exemption be granted transaction, if he knows or should return for an interest in BlackRock know, that such transaction constitutes Advisors. The new company formed by 5 Reprinted at [August 1983–August 1985 a transfer to, or use by or for the benefit the merger operates under the Transfer Binder] Pens. Plan Guide (CCH) ¶ 23,672D.

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retroactively to September 29, 2006, the Offset Fee Method assets, which would include the Client date of the merger. 12. With regard to the Offset Fee Plan’s shares in a Fund, but not the Method, PNC represents that it does not assets underlying such Fund shares. Receipt of Fees pursuant to the Fee These Client Plan custody services are Methods charge a Client Plan any direct fees for investment management with respect to necessary regardless of whether such 11. PNC represents that, prior to the such Client Plan’s assets invested in the Client Plan’s assets are invested in the effective date of this proposed Funds. Such Client Plan pays fees to Funds. exemption, it relied on PTE 77–4 for PNC solely for non-investment trust or Credit Fee Method custody services. The fees a Client Plan exemptive relief for each of the fee 14. PNC represents that in 1989 at the pays for those assets invested in the methods: (a) The Offset Fee Method, (b) time PNC converted its collective Funds come solely from the Funds in the Subtraction Fee Method, and (c) the investment funds into mutual funds, it 6 accordance with certain advisory Credit Fee Method, as described in started using the Credit Fee Method to agreements. The result is that the Plan- Section II(a)(1), (a)(2), and (a)(3) of this avoid duplicative investment advisory Level Fees are offset, and the Client Plan proposed exemption. PNC has fees. PNC’s understanding at the time pays only an investment advisory or confirmed that all three fee methods was that the Credit Fee Method was similar Fund-Level Fee with respect to were in place on the effective date of covered by PTE 77–4.8 this exemption, September 29, 2006. As those plan assets invested in a Fund. Under the Credit Fee Method, PNC of this effective date, the proposed Subtraction Fee Method charges standard fees, as applicable to exemption, if granted, would 13. With regard to the Subtraction Fee each Client Plan, for serving as trustee specifically permit PNC to use any one Method, PNC represents that under this and investment manager, without any of these three (3) fee methods to comply method, PNC charges a Client Plan a offset. In this method, a Client Plan with the prohibition against a Client direct investment management fee but receives ‘‘a credited dollar amount’’ Plan paying double investment credits to the benefit of such Client from BlackRock of such Client Plan’s management fees, investment advisory Plan, as a subtraction to such Client proportionate share of all investment or similar fees for assets of Client Plans Plan’s Plan-Level Fees, its proportionate advisory fees charged by BlackRock to invested in a Fund, provided that the share of the investment advisory fee for the Funds for the particular month (as conditions of this exemption are Client Plan assets invested in a Fund reduced by any waiver or rebate by satisfied. and paid to BlackRock (as reduced by BlackRock of such fees, as described above). The result of the Credit Fee It is represented that where a Client any waiver or rebate by BlackRock of Method is that a Client Plan pays its Plan is investing in a Fund, all Fund- such fees to the Fund due to state law proportionate share of the Fund-Level Level Fees for advisory or similar or other limits on Fund expenses).7 The Fees, but receives a ‘‘credited dollar services related to that Client Plan’s result is that a Client Plan pays only one investment management fee with amount’’ of such payment. investment in such Fund are subject to It is represented that the standard respect to those assets. The subtraction the same fee method. It is represented practice is to reinvest the ‘‘credited is solely against those Plan-Level Fees that the fee methods are not applied on dollar amount’’ in additional shares of charged by PNC for serving as a fund-by-fund basis. PNC Financial the same Fund with respect to which investment manager, and does not determines the fee method to be used, the fees were credited. The additional include non-investment management subject to plan approval. As a general shares so acquired are valued at the net rule, Client Plan accounts use the Credit trustee fees. The credit under this Subtraction Fee asset value on the date the purchase Fee Method. An exception to the general request is transmitted to the Fund, rule involves Client Plan accounts Method and the credit under the Credit Fee Method, as discussed below, do not which is the same day the ‘‘credited investing through Capital Directions, an dollar amount’’ is made to the Client asset allocation program, which uses the include the co-administrator, custodial, transfer agent, or other non-advisory Plan’s account. Subtraction Fee Method. IRA’s also use It is represented that the Client Plans fees payable by the Funds to PNC, the Subtraction Fee Method. The fee could, in theory, request that the because these services rendered to the method to be used is described in the ‘‘credited dollar amount’’ be made in Fund are not duplicative of any services disclosure provided at the opening of a cash, instead of additional shares. No provided directly to a Client Plan. The Client Plan account, and affirmatively such request has occurred to date, co-administrator services assist in the approved at that time by the Second because it has not been the practice of administration and operation of a Fund, Fiduciary for such Client Plan. It is PNC to notify Client Plans that they which are matters particular to such represented that the Second Fiduciary have the option to request cash, rather Fund. The custodial services provided of such Client Plan is notified in than additional shares. If such a request by PNC to a Fund involve maintaining advance of any change in the fee were to be made, it is represented that custody and providing reporting relative method and is provided with a the cash would be invested in a money to the individual securities owned by Termination Form. Failure by the market account pending an investment such Fund. The custodial services Second Fiduciary of such Client Plan to direction from the investment officer for provided by PNC to a Client Plan, by return the Termination Form on behalf the account. of such Client Plan is deemed to be an contrast, involve maintaining custody The applicant points out that in other approval by the Second Fiduciary of a over all or a portion of the Client Plan’s exemptions granted by the Department, change in the fee method. the timing of the credits generally 7 It is represented that while fees above a certain limit may be waived or rebated by BlackRock, as occurred within one business day of the 6 It is the view of PNC that the Credit Fee Method a technical matter the Funds may pay the excess date that the mutual fund investment is covered by PTE 77–4. The Department does not fees and then simultaneously receive a rebate of the adviser received investment advisory concur with PNC’s view that the Credit Fee Method excess amount. For purposes of the Subtraction Fee fees. In the subject case, the applicant is covered under PTE 77–4. Accordingly, the Method, described in this section, PNC intends to Department has determined that no relief is credit to Client Plans only the net fees that represents that the fees for investment available under 77–4 for PNC’s use of the Credit Fee BlackRock receives, and not to credit any of the Method. excess fees that have been rebated to the Funds. 8 See supra., footnote 6.

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advisory services, or similar services, for that month, or (2) the fifth business made by the Auditor identifies an error provided by BlackRock to a Fund that day before the end of the month in the crediting of fees to a Client Plan, have accrued for a given month are not following the month in which fees for PNC will correct the error. With respect paid out to BlackRock until certain investment advisory services, or similar to any shortfall in credited fees to a calculations are confirmed between services, accrued. Accordingly, section Client Plan, PNC will make a cash BlackRock and the accountant for such II(a)(3) of this proposed exemption reads payment to such Client Plan equal to the Fund, which is generally not before the as follows: amount of the error, plus interest paid third week of the next month. For A Client Plan invested in a Fund receives at money market rates offered by PNC example, the fees for investment a ‘‘a credit’’ of such Client Plan’s for the period involved. Any excess advisory services, or similar services, proportionate share of all fees charged to credits made to a Client Plan will be which accrue for the month of January, such Fund by BlackRock for investment corrected by an appropriate deduction may not be paid to BlackRock until the advisory services, or similar services, for a from such Client Plan or reallocation of particular month: (1) Effective for the period, third week of February, or later. cash during the next payment period September 29, 2006, through December 31, after discovery of the error to reflect However, it is represented that there is 2008, on the earlier of either: (a) The same no consistent period of time after day as PNC receives a fee from BlackRock for accurately the amount of total credits BlackRock receives such fees for Mutual Fund Administration Services due to such Client Plan for the period investment advisory services, or similar provided for that month to such Fund by involved. PNC, or (b) the fifth business day before the services, that BlackRock then pays PNC Receipt of Secondary Services Fees the fees for Mutual Fund end of the month following the month in which fees for investment advisory services, 16. Prior to the effective date of this Administration Services provided by or similar services, accrued, or (2) effective proposed exemption, it is represented PNC to such Fund. For instance, under for the period beginning, January 1, 2009, that the receipt by PNC of fees paid out this example, BlackRock may not pay and continuing thereafter, on a date which is of the assets of a Fund for Secondary PNC until the following month, i.e., no later than one business day after Services, such as custodial, March. For this reason, PNC has BlackRock receives fees from the Fund for administrative, accounting, and transfer adopted a practice of crediting the investment advisory services, or similar agency services, provided by PNC to accrued fees for investment advisory services, provided for that month to such Fund by BlackRock. such Fund were treated as exempt services, or similar services, for a given under PTE 77–4, pursuant to Advisory month to its Client Plans no later than Audit of the Credit Fee Method Opinion 93–12A (Apr. 27, 1993, the fifth business day before the end of 15. It is represented that there are addressed to PNC Financial). It is the month following the month in sufficient safeguards to permit further represented that Advisory which fees for investment advisory exemptive relief for the use by PNC of Opinion 93–12A permits such fees for services or similar services accrued—in the Credit Fee Method. In this regard, Secondary Services: (a) To be paid to this example, by the fifth business day PNC will establish and maintain a PNC by a Fund where PNC also receives before the end of February—even if PNC system of internal accounting controls fees as the investment adviser to such has not yet received payment from for crediting the fees under the Credit Fund, and (b) to be retained by PNC BlackRock of the fees for the provision Fee Method. In addition, PNC will without the need for PNC to offset or of Mutual Fund Administrations retain the services of an independent waive such fees.9 Services by PNC to such Fund. It is Auditor to audit annually the crediting PNC requests an administrative represented that PNC is implementing a of fees to the Client Plans under the exemption, effective as of September 29, system whereby it will be notified when Credit Fee Method. Such audits will 2006, for receipt of fees by PNC for the BlackRock receives its fees for provide independent verification of the provision of Secondary Services to the investment advisory services, or similar proper crediting to such Client Plans. Funds, because it is no longer clear that services, which will allow PNC to make In the annual audit of the Credit Fee relief for the receipt of Secondary the credits to its Client Plans within one Method, the Auditor will use Services fees by PNC, which prior to the business day of when BlackRock is paid. procedures designed to review and test merger was treated as exempt under However, this system will not be in compliance with the specific PTE 77–4, pursuant to Advisory place until January 2009. Therefore, operational controls and procedures Opinion 93–12A, continues to be while PNC agrees that the credit of the established by PNC for making the available after the merger. fees for investment advisory services, or credits. Specifically, the Auditor will: (i) similar services, to the Client Plans will Verify on a test basis the investment Receipt of Mutual Fund Administration occur no later than one business day advisory fees paid by the Funds to Services Fees after the receipt of such fees by BlackRock; (ii) verify on a test basis the 17. It is represented that PNC also has BlackRock, this condition is effective monthly factors used to determine the provided in the past and continues to only for the fees for investment advisory investment advisory fees; (iii) verify on provide Mutual Fund Administration services, or similar services, accrued a test basis the credits paid in total for Services to, or on behalf of, the Funds. after January 1, 2009. For prior periods, a one-month period; (iv) re-compute, on Mutual Fund Administration Services PNC has requested that consistent with a test basis, using the monthly factors are part of an omnibus arrangement the original language in its application described above, the amount of the which includes maintaining records of for exemption and with PNC’s practice credit determined for selected Client investments by Client Plans in the prior to January 1, 2009, the Plans; (v) verify on a test basis the Funds, processing Fund transactions for requirement should be that the credit of proper assignment of identification Client Plans, transmitting account the fees for investment advisory fields for receipt of fee credits to the services, or similar services, accrued for Client Plans; and (vi) verify on a test 9 With respect to the relief available under PTE a given month be made no later than the basis that the credits were posted to the 77–4, pursuant to Advisory Opinion 93–12A, no earlier of either: (1) The same day as the Client Plans within the required reference is made to the Credit Fee Method. Accordingly, the Department has determined that receipt by PNC of the fees from timeframe. the relief available under PTE 77–4, pursuant to BlackRock for the provision of Mutual In the event either the internal audit Advisory Opinion 93–12A was not in the past and Fund Administration Services to a Fund made by PNC or the independent audit is not now available for the Credit Fee Method.

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statements and shareholder flexibility to purchase and redeem Termination Form, expressly providing communications, responding to shares on a daily basis. It is represented an election to terminate the inquiries from Client Plans regarding that no sales commissions are charged authorization, with instructions on the account balances and dividends, and to Client Plans in connection with the use of such Termination Form, will be providing information to the Funds on purchase or sale of shares in any of the supplied to the Second Fiduciary at sales and assisting in monitoring Funds. In addition, these investments in least annually. possible market timing. the Funds by Client Plans are made in The Termination Form may be used to PNC has received fees in the past and certain classes of shares, which are not notify PNC, in writing to effect a continues to receive fees for the subject to 12b–1 fees. Redemption fees termination by selling the shares of the provision of Mutual Fund are charged only if disclosed in the Funds held by a Client Plan. Such sales Administration Services to the Funds. prospectuses in effect at both the time are to occur within one (1) business day, The Funds do not pay the fees for the of the original investment in the shares as defined in Section IV(k) of this Mutual Fund Administration Services of a Fund and the time of redemption. exemption, following receipt by PNC of provided by PNC. Instead, BlackRock, It is further represented that the the Termination Form. If, due to the investment adviser to the Fund, Funds provide a means for Client Plans circumstances beyond the control of pays the fees to PNC for Mutual Fund with limited assets to achieve PNC, the sale cannot be executed within Administration Services. It is diversification of investment in a one (1) business day, PNC will be represented that many mutual fund manner that may not be attainable obligated to complete the sale within advisers have adopted the practice of through direct investment. For these the next business day. covering service costs out of their own reasons, the applicant maintains that the In addition, by using the Termination assets, a practice referred to as ‘‘adviser availability of the Funds as investments Form that PNC provides thirty (30) days pay.’’ enable PNC, as investment manager, to in advance of any increase in the rate of It is represented that the fees for the better meet the investment goals and fees and change in services, the Second provision of Mutual Fund strategies of a Client Plan. Fiduciary will have sufficient Administration Services by PNC are opportunity to terminate a Client Plan’s currently fifteen (15) basis points for Protective of Client Plans investment in a Fund, without penalty assets in money market funds, twenty 19. It is represented that the proposed to the Client Plan, and withdraw the (20) basis points for assets in fixed exemption contains sufficient Client Plan’s investment from such income funds (except three funds as to safeguards for the protection of the Fund in advance of any such increase in which the fee is five (5) basis points), Client Plans invested in the Funds. In fee and change in services. and twenty-five (25) basis points for this regard, prior to any investment by Feasibility assets in equity funds (except one fund a Client Plan in a Fund, the investment as to which the fee is four (4) basis must be authorized in writing by the 20. The applicant represents that the points). It is represented that the fees for Second Fiduciary of such Client Plan, proposed exemption is feasible in that such Mutual Fund Administration based on full and detailed written compliance with the terms of the Services are subject to negotiation. disclosure concerning such Fund. exemption will be monitored by the The Department believes that the In addition to the initial disclosures Second Fiduciary of a Client Plan who receipt of fees by PNC from BlackRock received by the Second Fiduciary of a is independent of PNC. Further, PNC for the provision of Mutual Fund Client Plan invested in a Fund, PNC provides internal accounting safeguards Administration Services by PNC to the provides to such Second Fiduciary to ensure the accuracy of the calculation Funds is beyond the scope of relief ongoing disclosures regarding such of the ‘‘credited dollar amounts’’ under provided by PTE 77–4. PNC has not Fund and the fee methods. Specifically, the Credit Fee Method, and an requested, and the Department is not on an annual basis, such Second independent Auditor will provide providing, relief in this proposed Fiduciary receives copies of the current assurance that the Credit Fee Method is exemption for the payment, prior to the Fund prospectuses, as well as copies of properly administered. For these date of the merger, by BlackRock of fees the annual financial disclosure reports reasons, the applicant maintains that the for the provision of Mutual Fund containing information about the Funds Department will not have to monitor the Administration Services by PNC to the and audit findings of the Auditor within implementation and enforcement of the Funds. sixty (60) days of the preparation of exemption. However, PNC has requested an such report. Further, it is represented that the individual administrative exemption, Further, it is represented that PNC negative consent procedure, as effective as of September 29, 2006, the Financial or an appropriate affiliate, described in the proposed exemption, date of the merger, to cover the payment thereof, will respond to inquiries from for obtaining the approval from the by BlackRock to PNC Bank, National a Second Fiduciary. In addition, a Second Fiduciary of each Client Plan Association (PNC Bank), an affiliate of Second Fiduciary, upon request, will invested in a Fund for increases in fees PNC, of fees for the provision of Mutual receive copies of the Statements of and the addition of services for which Fund Administration Services by PNC Additional Information for the Funds a fee is charged is more efficient, cost Bank to the assets in a Fund for which and a copy of the proposed exemption effective, and administratively feasible BlackRock serves as investment adviser. and a copy of the final exemption, if than written affirmative consent granted, once such documents are approval, as described in PTE 77–4. In the Interest of Client Plans published in the Federal Register. Under PTE 77–4, an increase in fees 18. The applicant represents that the Furthermore, each investment of the and any change in services may not be proposed exemption is in the interest of assets of a Client Plan in a Fund will be implemented until written approval of the Client Plans and their participants subject to the ongoing ability of the such increase or change is obtained and beneficiaries. In this regard, the Second Fiduciary of such Client Plan to from every Second Fiduciary of Client Funds provide advantages for Client terminate the investment in such Fund Plans invested in a Fund. A Plans, including professional without penalty to such Client Plan at communication failure that results in management, the ability to monitor any time upon written notice of not obtaining an affirmative written performance on a daily basis, and the termination to PNC. In this regard, a approval from a Second Fiduciary of a

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Client Plan could force PNC to transfer for an exemption under section 408(a) of calendar days of the date of the a Client Plan’s investments out of a the Act for the following reasons: publication of the Notice in the Federal Fund. (a) The Funds will provide Client Register. Such mailing will contain a Under the negative consent Plans with an effective investment copy of the Notice, as it appears in the procedure, as set forth in this proposed vehicle; Federal Register on the date of exemption, the difficulties of obtaining (b) The investment by Client Plan in publication, plus a copy of the written affirmative approval from the the Funds and the payment of fees for Supplemental Statement, as required, Second Fiduciary of each Client Plan Secondary Services by the Funds to pursuant to 29 CFR 2570.43(b)(2), which and coordinating any fee increases and PNC, the payment of fees for Mutual will advise all interested person of their any additional services for which a fee Fund Administration Services by right to comment and to request a is charged will be avoided while such BlackRock to PNC, and the payment of hearing. Second Fiduciary will still receive the fees for investment advisory or similar The Department must receive all necessary disclosures. Specifically, each services by the Funds to BlackRock in written comments and requests for a Second Fiduciary of a Client Plan connection the investment in the Funds hearing no later than forty-five (45) days invested in a Fund will receive by Client Plans will require an from the date of the publication of the advanced notice in a statement separate authorization in writing in advance by Notice in the Federal Register. from such Fund’s prospectus of any a Second Fiduciary after full written FOR FURTHER INFORMATION CONTACT: proposed change from one fee method disclosure, including current Angelena Le Blanc of the Department, to another or any proposed increase in prospectuses for the Funds and a telephone (202) 693–8540 (This is not a a rate of fee for investment advisory statement describing the fee method to toll-free number.) services, or similar services, paid to be used; Barclays Bank PLC and Barclays Capital BlackRock that was previously (c) Any authorization made by a Inc. (Collectively, Barclays or the disclosed in the Fund prospectus. In Second Fiduciary will be terminable at Applicants) addition, each Second Fiduciary will will by that Second Fiduciary, without Located, respectively, in London, receive advanced notice of any penalty to the Client Plan, within one England and New York, New York additional Secondary Service or Mutual (1) business day or one additional [Application No. D–11552] Fund Administration Service for which business day, if necessary, following a fee is charged and any increase of any receipt by PNC of written notice of Background rate of any fee paid for Mutual Fund termination from the Second Fiduciary Barclays has requested an individual Administration Services and any on a form expressly providing an exemption that would replace and Secondary Services to PNC or an election to terminate the authorization, modify exemptive relief, previously increase in a rate of any fee that results which will be supplied to the Second provided pursuant to Prohibited from an addition or elimination in the Fiduciary at least annually, or any other Transaction Exemption 96–62,10 for its number or kind of service performed by written notice of termination; securitization activities, which generally PNC in connection with a previously (d) No sales commissions will be paid permits employee benefit plans to authorized fee for such service. With by Client Plans in connection with the purchase, hold, sell or exchange certain regard to the affected Fund, the acquisition or sale of shares of the securities representing interests in asset- advanced notice will contain an Funds and only redemption fees backed or mortgage-backed investment explanation of the nature and amount of disclosed in a Fund’s prospectus will be pools. Barclays requests exemptive the increase in fees and the nature and paid by Client Plans; relief for sales of ‘‘pass through’’ notes/ amount of the addition (or elimination) (e) All dealings among the Client securities to investors, including of a service for which an additional fee Plans, any of the Funds, PNC, and employee benefit plans, representing is charged. The Second Fiduciary will BlackRock will be on a basis no less pools of secured notes and senior receive such advanced notice thirty (30) favorable to such Client Plans than such unsecured notes issued by small and days prior to the effective date of such dealings with the other shareholders of mid-sized banks. increase in the rate of fees and change the Funds; In response to the current financial in services with respect to a Client (f) Client Plans investing in the Funds and liquidity crisis, the FDIC adopted Plan’s investment in a Fund. Such will pay only a single level of the TLG Program, which guarantees advanced notice must be accompanied investment management, investment newly issued senior unsecured debt of by a Termination Form that would advisory, or similar fees with respect to certain financial institutions. The FDIC allow the Second Fiduciary to the assets of such Client Plans so guarantee is backed by the full faith and terminate, without penalty to the Client invested; and credit of the United States. In general, Plan, the authorization to invest in the (g) PNC will require annual audits by the requested exemption would permit Funds. The notice requirement would an independent accounting firm to Barclays and its affiliates to underwrite not apply if an increase is the result of verify that the Client Plans using the and sell the pass through notes/ the cessation of a voluntary temporary Credit Fee Method receive proper securities and also to service, manage waiver of fees by PNC, and the full fee credits for the fees paid to PNC by the and operate the trust holding the pools level had previously been described in Funds. of bank debt guaranteed under the TLG writing to and authorized by the Second Notice to Interested Persons Program. Fiduciary. Failure to return the Because Barclays has represented that Termination Form by the thirtieth (30th) Those persons who may be interested the FDIC is considering whether the day will result in the negative consent in the publication in the Federal Debt Guarantee Program should be of the Second Fiduciary to the increase Register of the Notice of Proposed extended to secured bank debt that in the fees and to the addition of Exemption (the Notice) include the supports new consumer lending, the services for which an additional fee is Second Fiduciary of each Client Plan Department also specifically solicits charged. invested in any of the Funds. 21. In summary, the applicant It is represented that notification will 10 For more information, see item number 3 under represents that the proposed be provided to these interested persons the heading entitled ‘‘Summary of Facts and transactions satisfy the statutory criteria by first class mail, within fifteen (15) Representations.’’

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comments on extending the scope of the B. The restrictions of sections (b) of the Code by reason of section proposed exemptive relief to include 406(b)(1) and 406(b)(2) of the Act and 4975(c) of the Code, shall not apply to such debt. The Department believes that the taxes imposed by sections 4975(a) transactions in connection with the in order to make the requisite section and (b) of the Code, by reason of section servicing, management and operation of 408(a) findings for the proposed 4975(c)(1)(E) of the Code shall not apply an Issuer, including the use of any exemptive relief with respect to such to: Eligible Swap transaction; or the secured debt, the debt must be explicitly (1) The direct or indirect sale, defeasance of a mortgage obligation held included in the Debt Guarantee Program exchange or transfer of Securities in the as an asset of the Issuer through the and also must be subject to the same initial issuance of Securities between substitution of a new mortgage protections that the FDIC affords to the Sponsor or Underwriter and a plan obligation in a commercial mortgage- senior unsecured debt. To the extent when the person who has discretionary backed Designated Transaction, that this would not be the case, the authority or renders investment advice provided: Department will consider, based upon with respect to the investment of plan (1) Such transactions are carried out public comments, whether to retain or assets in the Securities is (a) an Obligor in accordance with the terms of a eliminate such secured debt issuances with respect to 5 percent or less of the binding Pooling and Servicing from the exemptive relief granted by the fair market value of obligations or Agreement; Department. receivables contained in the Issuer, or (2) The Pooling and Servicing (b) an Affiliate of a person described in Agreement is provided to, or described Proposed Exemption (a), if: in all material respects in the prospectus The Department is considering (i) The plan is not an Excluded Plan; or private placement memorandum granting an exemption under the (ii) Solely in the case of an acquisition provided to, investing plans before they authority of section 408(a) of the Act of Securities in connection with the purchase Securities issued by the and section 4975(c)(2) of the Code and initial issuance of the Securities, at least Issuer; 13 and in accordance with the procedures set 50 percent of each class of Securities in (3) The defeasance of a mortgage forth in 29 CFR part 2570, subpart B (55 which plans have invested is acquired obligation and the substitution of a new FR 32836, 32847, August 10, 1990): by persons independent of the members mortgage obligation in a commercial I. Transactions of the Restricted Group, and at least 50 mortgage-backed Designated percent of the aggregate interest in the Transaction meet the terms and A. The restrictions of sections 406(a) Issuer is acquired by persons conditions for such defeasance and and 407(a) of the Act and the taxes independent of the Restricted Group; substitution as are described in the imposed by sections 4975(a) and (b) of (iii) A plan’s investment in each class prospectus or private placement the Code, by reason of section of Securities does not exceed 25 percent memorandum for such Securities, 4975(c)(1)(A) through (D) of the Code, of all of the Securities of that class which terms and conditions have been shall not apply to the following outstanding at the time of the approved by a Rating Agency and does transactions involving Issuers and acquisition; and not result in the Securities receiving a Securities evidencing interests therein: (iv) Immediately after the acquisition lower credit rating from the Rating (1) The direct or indirect sale, of the Securities, no more than 25 Agency than the current rating of the exchange or transfer of Securities in the percent of the assets of a plan with Securities. initial issuance of Securities between respect to which the person has Notwithstanding the foregoing, the Sponsor or Underwriter and an discretionary authority or renders Section I.C. does not provide an employee benefit plan when the investment advice are invested in exemption from the restrictions of Sponsor, Servicer, Trustee or Insurer of Securities representing an interest in an section 406(b) of the Act or from the an Issuer, the Underwriter of the Issuer containing assets sold or serviced taxes imposed by reason of section Securities representing an interest in the by the same entity.12 For purposes of 4975(c) of the Code for the receipt of a Issuer, or an Obligor is a party in this paragraph B.(1)(iv) only, an entity fee by a Servicer of the Issuer from a interest with respect to such plan; will not be considered to service assets person other than the Trustee or (2) The direct or indirect acquisition contained in an Issuer if it is merely a Sponsor, unless such fee constitutes a or disposition of Securities by a plan in Subservicer of that Issuer; Qualified Administrative Fee. the secondary market for such (2) The direct or indirect acquisition D. The restrictions of sections 406(a) Securities; and and 407(a) of the Act and the taxes (3) The continued holding of or disposition of Securities by a plan in imposed by sections 4975(a) and (b) of Securities acquired by a plan pursuant the secondary market for such the Code by reason of Code section to subsection I.A.(1) or (2). Securities, provided that conditions set Notwithstanding the foregoing, forth in paragraphs (i), (iii) and (iv) of 4975(c)(1)(A) through (D) of the Code section I.A. does not provide an subsection I.B.(1) are met; and shall not apply to any transactions to exemption from the restrictions of (3) The continued holding of which those restrictions or taxes would sections 406(a)(1)(E), 406(a)(2) and 407 Securities acquired by a plan pursuant otherwise apply merely because a of the Act for the acquisition or holding to subsection I.B.(1) or (2). 13 of a Security on behalf of an Excluded C. The restrictions of sections 406(a), In the case of a private placement 406(b), and 407(a) of the Act and the memorandum, such memorandum must contain Plan by any person who has substantially the same information that would be discretionary authority or renders taxes imposed by sections 4975(a) and disclosed in a prospectus if the offering of the investment advice with respect to the securities were made in a registered public offering 12 11 For purposes of this proposed exemption, each under the Securities Act of 1933. In the assets of that Excluded Plan. plan participating in a commingled fund (such as Department’s view, the private placement a bank collective trust fund or insurance company memorandum must contain sufficient information 11 Section I.A. provides no relief from sections pooled separate account) shall be considered to to permit plan fiduciaries to make informed 406(a)(1)(E), 406(a)(2)and 407 of the Act for any own the same proportionate undivided interest in investment decisions. For purposes of this person rendering investment advice, within the each asset of the commingled fund as its exemption, references to the term ‘‘prospectus’’ meaning of section 3(21)(A)(ii) of the Act and proportionate interest in the total assets of the include any related prospectus supplement thereto, regulation 29 CFR 2510.3–21(c), to an Excluded commingled fund as calculated on the most recent pursuant to which Securities are offered to Plan. preceding valuation date of the fund. investors.

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person is deemed to be a party in acquisition transaction through the date Period will not be more than 100 basis interest or disqualified person the Servicer ceased to be an Affiliate of points lower than the average interest (including a fiduciary), with respect to the Trustee; rate for the obligations which were the plan by virtue of providing services (5) The sum of all payments made to transferred to the Issuer on the Closing to the plan (or by virtue of having a and retained by the Underwriters in Date; relationship to such service provider connection with the distribution or (e) In order to ensure that the described in section 3(14)(F), (G), (H) or placement of Securities represents not characteristics of the receivables (I) of the Act or section 4975(e)(2)(F), more than Reasonable Compensation for actually acquired during the Pre- (G), (H) or (I) of the Code), solely underwriting or placing the Securities; Funding Period are substantially similar because of the plan’s ownership of the sum of all payments made to and to those which were acquired as of the Securities. retained by the Sponsor pursuant to the Closing Date, the characteristics of the assignment of obligations (or interests additional obligations will either be II. General Conditions therein) to the Issuer represents not monitored by a credit support provider more than the fair market value of such or other insurance provider which is obligations (or interests); and the sum of independent of the Sponsor or an A. The relief provided under section all payments made to and retained by independent accountant retained by the I. is available only if the following the Servicer represents not more than Sponsor will provide the Sponsor with conditions are met: Reasonable Compensation for the a letter (with copies provided to the (1) The acquisition of Securities by a Servicer’s services under the Pooling Rating Agency, the Underwriter and the plan is on terms (including the Security and Servicing Agreement and Trustee) stating whether or not the price) that are at least as favorable to the reimbursement of the Servicer’s characteristics of the additional plan as such terms would be in an arm’s reasonable expenses in connection obligations conform to the length transaction with an unrelated therewith; characteristics of such obligations party; (6) The plan investing in such described in the prospectus, private (2) The rights and interests evidenced Securities is an ‘‘accredited investor’’ as placement memorandum and/or Pooling by the Securities are not subordinated to defined in Rule 501(a)(1) of Regulation and Servicing Agreement. In preparing the rights and interests evidenced by D of the Securities and Exchange such letter, the independent accountant other Securities of the same Issuer, Commission under the Securities Act of will use the same type of procedures as unless the Securities are issued in a 1933; and were applicable to the obligations which Designated Transaction; (7) In the event that the obligations were transferred on the Closing Date; (3) The Securities acquired by the used to fund an Issuer have not all been (f) The Pre-Funding Period shall be plan have received a rating from a transferred to the Issuer on the Closing described in the prospectus or private Rating Agency at the time of such Date, additional obligations as specified placement memorandum provided to acquisition that is in one of the three (or in subsection III.B.(1) may be transferred investing plans; and in the case of Designated Transactions, to the Issuer during the Pre-Funding (g) The Trustee of the Trust (or any four) highest generic rating categories. Period in exchange for amounts credited agent with which the Trustee contracts (4) The Trustee is not an Affiliate of to the Pre-Funding Account, provided to provide Trust services) will be a any member of the Restricted Group, that: substantial financial institution or trust other than an Underwriter. For purposes (a) The Pre-Funding Limit is not company experienced in trust activities of this requirement: exceeded; and familiar with its duties, (a) The Trustee shall not be (b) All such additional obligations responsibilities, and liabilities as a considered an Affiliate of a Servicer meet the same terms and conditions for fiduciary under the Act. The Trustee, as solely because the Trustee has eligibility as the original obligations the legal owner of the obligations in the succeeded to the rights and used to create the Issuer (as described in Trust or the holder of a security interest responsibilities of the Servicer pursuant the prospectus or private placement in the obligations held by the Issuer, to the terms of a Pooling and Servicing memorandum and/or Pooling and will enforce all the rights created in Agreement providing for such Servicing Agreement for such favor of securityholders of the Issuer, succession upon the occurrence of one Securities), which terms and conditions including employee benefit plans or more events of default by the have been approved by a Rating Agency. subject to the Act. Servicer; and Notwithstanding the foregoing, the (8) In order to ensure that the assets (b) Subsection II.A.(4) will be deemed terms and conditions for determining of the Issuer may not be reached by satisfied notwithstanding a Servicer the eligibility of an obligation may be creditors of the Sponsor in the event of becoming an Affiliate of the Trustee as changed if such changes receive prior bankruptcy or other insolvency of the a result of a merger or acquisition approval either by a majority vote of the Sponsor: involving the Trustee, such Servicer outstanding securityholders or by a (a) The legal documents establishing and/or their Affiliates which occurs Rating Agency; the Issuer will contain: after the initial issuance of the (c) The transfer of such additional (i) Restrictions on the Issuer’s ability Securities, provided that: obligations to the Issuer during the Pre- to borrow money or issue debt other (i) Such Servicer ceases to be an Funding Period does not result in the than in connection with the Affiliate of the Trustee no later than six Securities receiving a lower credit rating securitization; months after the date such Servicer from a Rating Agency, upon termination (ii) Restrictions on the Issuer merging became an Affiliate of the Trustee; and of the Pre-Funding Period than the with another entity, reorganizing, (ii) Such Servicer did not breach any rating that was obtained at the time of liquidating or selling assets (other than of its obligations under the Pooling and the initial issuance of the Securities by in connection with the securitization); Servicing Agreement, unless such the Issuer; (iii) Restrictions limiting the breach was immaterial and timely cured (d) The weighted average annual authorized activities of the Issuer to in accordance with the terms of such percentage interest rate (the average activities relating to the securitization; agreement, during the period from the interest rate) for all of the obligations in (iv) If the Issuer is not a Trust, closing date of such merger or the Issuer at the end of the Pre-Funding provisions for the election of at least one

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independent director/partner/member securityholders will be notified in the case of a private placement of whose affirmative consent is required immediately following Trustee’s Securities, the Trustee obtains a before a voluntary bankruptcy petition periodic report which is provided to representation from each initial can be filed by the Issuer; and securityholders, and sixty days after the purchaser which is a plan that it is in (v) If the Issuer is not a Trust, receipt of such report, the exemptive compliance with such condition, and requirements that each independent relief provided under section I.C. will obtains a covenant from each initial director/partner/member must be an prospectively cease to be applicable to purchaser to the effect that, so long as individual that does not have a any class of Securities held by a plan such initial purchaser (or any transferee significant interest in, or other which involves such Ratings Dependent of such initial purchaser’s Securities) is relationships with, the Sponsor or any Swap; provided that in no event will required to obtain from its transferee a of its Affiliates; and such plan securityholders be notified representation regarding compliance (b) The Pooling and Servicing any later than the end of the second with the Securities Act of 1933, any Agreement and/or other agreements month that begins after the date on such transferees will be required to establishing the contractual which such failure occurs. make a written representation regarding relationships between the parties to the (d) In the case of a Non-Ratings compliance with the condition set forth securitization transaction will contain Dependent Swap, shall provide that, if in subsection II.A.(6). covenants prohibiting all parties thereto the credit rating of the counterparty is from filing an involuntary bankruptcy withdrawn or reduced below the lowest III. Definitions petition against the Issuer or initiating level specified in section III.GG., the For purposes of this proposed any other form of insolvency proceeding Servicer (as agent for the Trustee) shall exemption: until after the Securities have been paid; within a specified period after such A. ‘‘Security’’ means: and rating withdrawal or reduction: (1) A pass-through certificate or trust (c) Prior to the issuance by the Issuer (i) Obtain a replacement swap certificate that represents a beneficial of any Securities, a legal opinion is agreement with an Eligible Swap ownership interest in the assets of an received which states that either: Counterparty, the terms of which are Issuer which is a Trust and which (i) A ‘‘true sale’’ of the assets being substantially the same as the current entitles the holder to payments of transferred to the Issuer by the Sponsor swap agreement (at which time the principal, interest and/or other has occurred and that such transfer is earlier swap agreement shall terminate); payments made with respect to the not being made pursuant to a financing or assets of such Trust; or of the assets by the Sponsor; or (ii) Cause the swap counterparty to (2) A security which is denominated (ii) In the event of insolvency or post collateral with the Trustee in an as a debt instrument that is issued by, receivership of the Sponsor, the assets amount equal to all payments owed by and is an obligation of, an Issuer; with transferred to the Issuer will not be part the counterparty if the swap transaction respect to which the Underwriter is of the estate of the Sponsor; were terminated; or either (i) the sole underwriter or the (9) If a particular class of Securities (iii) Terminate the swap agreement in manager or co-manager of the held by any plan involves a Ratings accordance with its terms; and underwriting syndicate, or (ii) a selling Dependent or a Non-Ratings Dependent (e) Shall not require the Issuer to or placement agent. Swap entered into by the Issuer, then make any termination payments to the B. ‘‘Issuer’’ means an investment pool, each particular swap transaction counterparty (other than a currently the corpus or assets of which are held relating to such Securities: scheduled payment under the swap in trust (including a grantor or owner (a) Shall be an Eligible Swap; agreement) except from Excess Spread Trust) or whose assets are held by a (b) Shall be with an Eligible Swap or other amounts that would otherwise partnership, special purpose Counterparty; be payable to the Servicer or the corporation or limited liability company (c) In the case of a Ratings Dependent Sponsor; (which Issuer may be a Real Estate Swap, shall provide that if the credit (10) Any class of Securities, to which Mortgage Investment Conduit (REMIC) rating of the counterparty is withdrawn one or more swap agreements entered or a Financial Asset Securitization or reduced by any Rating Agency below into by the Issuer applies, may be Investment Trust (FASIT) within the a level specified by the Rating Agency, acquired or held in reliance upon this meaning of section 860D(a) or section the Servicer (as agent for the Trustee) exemption only by Qualified Plan 860L, respectively, of the Code); and the shall, within the period specified under Investors; and corpus or assets of which consists solely the Pooling and Servicing Agreement: (11) Prior to the issuance of any debt of: (i) Obtain a replacement swap securities, a legal opinion is received (1)(a) Secured consumer receivables agreement with an Eligible Swap which states that the debt holders have that bear interest or are purchased at a Counterparty which is acceptable to the a perfected security interest in the discount (including, but not limited to, Rating Agency and the terms of which Issuer’s assets. home equity loans and obligations are substantially the same as the current B. Neither any Underwriter, Sponsor, secured by shares issued by a swap agreement (at which time the Trustee, Servicer, Insurer, nor any cooperative housing association); and/or earlier swap agreement shall terminate); Obligor, unless it or any of its Affiliates (b) Secured credit instruments that or has discretionary authority or renders bear interest or are purchased at a (ii) Cause the swap counterparty to investment advice with respect to the discount in transactions by or between establish any collateralization or other plan assets used by a plan to acquire business entities (including, but not arrangement satisfactory to the Rating Securities, shall be denied the relief limited to, Qualified Equipment Notes Agency such that the then current rating provided under section I., if the Secured by Leases); and/or by the Rating Agency of the particular provision of subsection II.A.(6) is not (c) Obligations that bear interest or are class of Securities will not be satisfied with respect to acquisition or purchased at a discount and which are withdrawn or reduced. holding by a plan of such Securities, secured by single-family residential, In the event that the Servicer fails to provided that (1) such condition is multi-family residential and/or meet its obligations under this disclosed in the prospectus or private commercial real property (including subsection II.A.(9)(c), plan placement memorandum; and (2) in the obligations secured by leasehold interest

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on residential or commercial real principal balance(s) of any other (f) of this subsection B.(1)) of section property); and/or obligation(s) of higher priority (whether III.B.(1) which are contained in the (d) Obligations that bear interest or or not held by the Issuer) which are investment pool have been included in are purchased at a discount and which secured by the same collateral. other investment pools, (ii) Securities are secured by motor vehicles or (2) Property which had secured any of evidencing interests in such other equipment, or Qualified Motor Vehicle the obligations described in subsection investment pools have been rated in one Leases; and/or III.B.(1); of the three (or in the case of Designated (e) Guaranteed governmental (3)(a) Undistributed cash or temporary Transactions, four) highest generic mortgage pool certificates, as defined in investments made therewith maturing rating categories by a Rating Agency for 29 CFR 2510.3–101(i)(2) 14; and/or no later than the next date on which at least one year prior to the plan’s (f) Secured debt and senior unsecured distributions are to be made to acquisition of Securities pursuant to this debt (excluding mandatory convertible securityholders; and/or exemption, and (iii) Securities debt), issued by an eligible entity, as (b) Cash or investments made evidencing interests in such other defined in 12 CFR 370.2(a), that are therewith which are credited to an investment pools have been purchased fully guaranteed as to timely payment of account to provide payments to by investors other than plans for at least principal and interest by the Federal securityholders pursuant to any Eligible one year prior to the plan’s acquisition Deposit Insurance Corporation (FDIC) Swap Agreement meeting the conditions of such Securities pursuant to this under the Debt Guarantee Program of of subsection II.A.(9) or pursuant to any exemption. For purposes of this the Temporary Liquidity Guarantee Eligible Yield Supplement Agreement, paragraph, Securities evidencing Program (TLG Program) and that are and/or interests in investment pools containing backed by the full faith and credit of the (c) Cash transferred to the Issuer on assets described in Section III.B.(1)(f) United States; and/or the Closing Date and permitted are rated in one of the three highest (g) Fractional undivided interests in investments made therewith which: generic rating categories by a Rating any of the obligations described in (i) Are credited to a Pre-Funding Agency at the time of such acquisition. clauses (a)–(f) of this subsection B.(1).15 Account established to purchase C. ‘‘Underwriter’’ means: Notwithstanding the foregoing, additional obligations with respect to (1) The Applicants, residential and home equity loan which the conditions set forth in (2) Any person directly or indirectly, receivables issued in Designated paragraphs (a)–(g) of subsection II.A.(7) through one or more intermediaries, Transactions may be less than fully are met; and/or controlling, controlled by or under secured, provided that: (i) the rights and (ii) Are credited to a Capitalized common control with the Applicants, or interests evidenced by Securities issued Interest Account; and (3) Any member of an underwriting in such Designated Transactions (as (iii) Are held by the Issuer for a period syndicate or selling group of which a defined in section III.DD.) are not ending no later than the first person described in Section III.C.(1) or subordinated to the rights and interests distribution date to securityholders (2) is a manager or co-manager with evidenced by Securities of the same occurring after the end of the Pre- respect to the Securities. Issuer; (ii) such Securities acquired by Funding Period. D. ‘‘Sponsor’’ means the entity that the plan have received a rating from a For purposes of this clause (c) of organizes an Issuer by depositing Rating Agency at the time of such subsection III.B.(3), the term ‘‘permitted obligations therein in exchange for acquisition that is in one of the two investments’’ means investments which: Securities. highest generic rating categories; and (i) Are either (A) direct obligations of, or E. ‘‘Master Servicer’’ means the entity (iii) any obligation included in the obligations fully guaranteed as to timely that is a party to the Pooling and corpus or assets of the Issuer must be payment of principal and interest by, Servicing Agreement relating to assets of secured by collateral whose fair market the United States or any agency or the Issuer and is fully responsible for value on the Closing Date of the instrumentality thereof, provided that servicing, directly or through Designated Transaction is at least equal such obligations are backed by the full Subservicers, the assets of the Issuer. to 80% of the sum of: (I) The faith and credit of the United States, or F. ‘‘Subservicer’’ means an entity outstanding principal balance due (B) have been rated (or the Obligor has which, under the supervision of and on under the obligation which is held by been rated) in one of the three highest behalf of the Master Servicer, services the Trust and (II) the outstanding generic rating categories by a Rating loans contained in the Issuer, but is not Agency; (ii) are described in the Pooling a party to the Pooling and Servicing 14 In ERISA Advisory Opinion 99–05A (February and Servicing Agreement; and (iii) are Agreement. 22, 1999), the Department expressed its view that permitted by the Rating Agency. G. ‘‘Servicer’’ means any entity which mortgage pool certificates guaranteed and issued by (4) Rights of the Trustee under the services loans contained in the Issuer, the Federal Agricultural Mortgage Corporation meet Pooling and Servicing Agreement, and the definition of a guaranteed governmental including the Master Servicer and any mortgage pool certificate as defined in 29 CFR rights under any insurance policies, Subservicer. 2510.3–101(i)(2). third-party guarantees, contracts of H. ‘‘Trust’’ means an Issuer, which is 15 It is the Department’s view that the definition suretyship, Eligible Yield Supplement a trust (including an owner trust, of ‘‘Issuer’’ contained in section III.B. includes a Agreements, Eligible Swap Agreements grantor trust or a REMIC or FASIT two-tier structure under which Securities issued by the first Issuer, which contains a pool of receivables meeting the conditions of subsection which is organized as a Trust). described above, are transferred to a second Issuer II.A.(9) or other credit support I. ‘‘Trustee’’ means the Trustee of any which issues Securities that are sold to plans. arrangements with respect to any Trust, which issues Securities, and also However, the Department is of the further view that, obligations described in section III.B.(1). includes an Indenture Trustee. since the Underwriter Exemptions generally provide relief for the direct or indirect acquisition However, notwithstanding the ‘‘Indenture Trustee’’ means the Trustee or disposition of Securities that are not foregoing, the term ‘‘Issuer’’ does not appointed under the indenture pursuant subordinated, no relief would be available if the include any investment pool unless: (i) to which the subject Securities are Securities held by the second Issuer were The assets of the type described in issued, the rights of holders of the subordinated to the rights and interests evidenced by other Securities issued by the first Issuer, unless paragraphs (a)–(e) and paragraph (g) Securities are set forth and a security such Securities were issued in a Designated (excluding fractional interests in any of interest in the Trust assets in favor of Transaction. the obligations described in paragraph the holders of the Securities is created.

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The Trustee or the Indenture Trustee is O. ‘‘Control’’ means the power to (2) Which is secured by the obligation also a party to or beneficiary of all the exercise a controlling influence over the of the lessee to pay rent under the documents and instruments transferred management or policies of a person equipment lease; and to the Issuer, and as such, has both the other than an individual. (3) With respect to which the Issuer’s authority to, and the responsibility for, P. A person will be ‘‘independent’’ of security interest in the equipment is at enforcing all the rights created thereby another person only if: least as protective of the rights of the in favor of holders of the Securities, (1) Such person is not an Affiliate of Issuer as the Issuer would have if the including those rights arising in the that other person; and equipment note were secured only by event of default by the Servicer. (2) The other person, or an Affiliate the equipment and not the lease. J. ‘‘Insurer’’ means the insurer or thereof, is not a fiduciary who has V. ‘‘Qualified Motor Vehicle Lease’’ guarantor of, or provider of other credit investment management authority or means a lease of a motor vehicle where: support for, an Issuer. Notwithstanding renders investment advice with respect (1) The Issuer owns or holds a the foregoing, a person is not an insurer to assets of such person. security interest in the lease; solely because it holds Securities Q. ‘‘Sale’’ includes the entrance into (2) The Issuer owns or holds a representing an interest in an Issuer, a Forward Delivery Commitment, security interest in the leased motor which are of a class subordinated to provided: vehicle; and Securities representing an interest in the (1) The terms of the Forward Delivery (3) The Issuer’s security interest in the same Issuer. Commitment (including any fee paid to leased motor vehicle is at least as K. ‘‘Obligor’’ means any person, other the investing plan) are no less favorable protective of the Issuer’s rights as the than the Insurer, that is obligated to to the plan than they would be in an Issuer would receive under a motor make payments with respect to any arm’s length transaction with an vehicle installment loan contract. obligation or receivable included in the unrelated party; W. ‘‘Pooling and Servicing Issuer. Where an Issuer contains (2) The prospectus or private Agreement’’ means the agreement or Qualified Motor Vehicle Leases or placement memorandum is provided to agreements among a Sponsor, a Servicer Qualified Equipment Notes Secured by an investing plan prior to the time the and the Trustee establishing a Trust. Leases, ‘‘Obligor’’ shall also include any plan enters into the Forward Delivery ‘‘Pooling and Servicing Agreement’’ also owner of property subject to any lease Commitment; and includes the indenture entered into by included in the Issuer, or subject to any (3) At the time of the delivery, all the Issuer and the Indenture Trustee. lease securing an obligation included in conditions of this exemption applicable X. ‘‘Rating Agency’’ means Standard & the Issuer. to sales are met. Poor’s Ratings Services, a division of L. ‘‘Excluded Plan’’ means any plan R. ‘‘Forward Delivery Commitment’’ The McGraw-Hill Companies, Inc.; with respect to which any member of means a contract for the purchase or Moody’s Investors Service, Inc.; Fitch the Restricted Group is a ‘‘plan sponsor’’ sale of one or more Securities to be Ratings; DBRS Limited; or DBRS, Inc.; within the meaning of section 3(16)(B) delivered at an agreed future settlement or any successors thereto. of the Act. date. The term includes both mandatory Y. ‘‘Capitalized Interest Account’’ M. ‘‘Restricted Group’’ with respect to contracts (which contemplate obligatory means an Issuer account: (i) which is a class of Securities means: delivery and acceptance of the established to compensate (1) Each Underwriter; Securities) and optional contracts securityholders for shortfalls, if any, (2) Each Insurer; (which give one party the right but not between investment earnings on the Pre- (3) The Sponsor; the obligation to deliver Securities to, or Funding Account and the interest rate (4) The Trustee; demand delivery of Securities from, the payable under the Securities; and (ii) (5) Each Servicer; other party). which meets the requirements of (6) Any Obligor with respect to S. ‘‘Reasonable Compensation’’ has paragraph (c) of subsection III.B.(3). obligations or receivables included in the same meaning as that term is Z. ‘‘Closing Date’’ means the date the the Issuer constituting more than 5 defined in 29 CFR 2550.408c–2. Issuer is formed, the Securities are first percent of the aggregate unamortized T. ‘‘Qualified Administrative Fee’’ issued and the Issue’s assets (other than principal balance of the assets in the means a fee which meets the following those additional obligations which are Issuer, determined on the date of the criteria: to be funded from the Pre-Funding initial issuance of Securities by the (1) The fee is triggered by an act or Account pursuant to subsection II.A.(7)) Issuer; failure to act by the Obligor other than are transferred to the Issuer. (7) Each counterparty in an Eligible the normal timely payment of amounts AA. ‘‘Pre-Funding Account’’ means Swap Agreement; or owing in respect of the obligations; an Issuer account: (i) which is (8) Any Affiliate of a person described (2) The Servicer may not charge the established to purchase additional in subsections III.M.(1)–(7). fee absent the act or failure to act obligations, which obligations meet the N. ‘‘Affiliate’’ of another person referred to in subsection III.T.(1); conditions set forth in paragraphs (a)–(g) includes: (3) The ability to charge the fee, the of subsection II.A.(7); and (ii) which (1) Any person, directly or indirectly, circumstances in which the fee may be meets the requirements of paragraph (c) through one or more intermediaries, charged, and an explanation of how the of subsection III.B.(3). controlling, controlled by or under fee is calculated are set forth in the BB. ‘‘Pre-Funding Limit’’ means a common control with such other Pooling and Servicing Agreement; and percentage or ratio of the amount person; (4) The amount paid to investors in allocated to the Pre-Funding Account, (2) Any officer, director, partner, the Issuer will not be reduced by the as compared to the total principal employee, relative (as defined in section amount of any such fee waived by the amount of the Securities being offered, 3(15) of the Act), a brother, a sister, or Servicer. which is less than or equal to 25 a spouse of a brother or sister of such U. ‘‘Qualified Equipment Note percent. other person; and Secured By a Lease’’ means an CC. ‘‘Pre-Funding Period’’ means the (3) Any corporation or partnership of equipment note: period commencing on the Closing Date which such other person is an officer, (1) Which is secured by equipment and ending no later than the earliest to director or partner. which is leased; occur of: (i) The date the amount on

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deposit in the Pre-Funding Account is basis and obligated to make separate transaction used by the Issuer and the less than the minimum dollar amount payments no more frequently than the effect such swap would have upon the specified in the Pooling and Servicing counterparty, with all simultaneous credit ratings of the Securities. For Agreement; (ii) the date on which an payments being netted; purposes of the exemption, such a event of default occurs under the (3) Which has a notional amount that fiduciary is either: Pooling and Servicing Agreement; or does not exceed either: (i) The principal (1) A ‘‘qualified professional asset (iii) the date which is the later of three balance of the class of Securities to manager’’ (QPAM), 16 as defined months or 90 days after the Closing which the swap relates, or (ii) the under Part V(a) of Prohibited Date. portion of the principal balance of such Transaction Exemption (PTE) 84–14, 49 DD. ‘‘Designated Transaction’’ means class represented solely by those types FR 9494, 9506, (March 13, 1984), as a securitization transaction in which the of corpus or assets of the Issuer referred amended by 70 FR 49305, August 23, assets of the Issuer consist of secured to in subsections III.B.(1), (2) and (3); 2005); consumer receivables, secured credit (4) Which is not leveraged (i.e., (2) An ‘‘in-house asset manager’’ instruments or secured obligations that payments are based on the applicable (INHAM),17 as defined under Part IV(a) bear interest or are purchased at a notional amount, the day count of PTE 96–23, 61 FR 15975, 15982 discount and are: (i) Motor vehicle, fractions, the fixed or floating rates (April 10, 1996); or home equity and/or manufactured designated in subsection III.FF.(2), and (3) A plan fiduciary with total assets housing consumer receivables; and/or the difference between the products under management of at least $100 (ii) motor vehicle credit instruments in thereof, calculated on a one to one ratio million at the time of the acquisition of transactions by or between business and not on a multiplier of such such Securities. entities; and/or (iii) single-family difference); II. ‘‘Excess Spread’’ means, as of any residential, multi-family residential, (5) Which has a final termination date day funds are distributed from the home equity, manufactured housing that is either the earlier of the date on Issuer, the amount by which the interest and/or commercial mortgage obligations which the Issuer terminates or the allocated to Securities exceeds the related class of Securities is fully repaid; that are secured by single-family amount necessary to pay interest to and residential, multi-family residential, securityholders, servicing fees and (6) Which does not incorporate any commercial real property or leasehold expenses. interests therein. For purposes of this provision which could cause a unilateral alteration in any provision JJ. ‘‘Eligible Yield Supplement section III.DD., the collateral securing Agreement’’ means any yield motor vehicle consumer receivables or described in subsections III.FF. (1) through (4) without the consent of the supplement agreement, similar yield motor vehicle credit instruments may maintenance arrangement or, if include motor vehicles and/or Qualified Trustee. GG. ‘‘Eligible Swap Counterparty’’ purchased by or on behalf of the Issuer, Motor Vehicle Leases. an interest rate cap contract to EE. ‘‘Ratings Dependent Swap’’ means means a bank or other financial supplement the interest rates otherwise an interest rate swap, or (if purchased institution which has a rating, at the payable on obligations described in by or on behalf of the Issuer) an interest date of issuance of the Securities by the subsection III.B.(1). Such an agreement rate cap contract, that is part of the Issuer, which is in one of the three or arrangement may involve a notional structure of a class of Securities where highest long-term credit rating principal contract provided that: the rating assigned by the Rating Agency categories, or one of the two highest (1) It is denominated in U.S. dollars; to any class of Securities held by any short-term credit rating categories, (2) The Issuer receives on, or plan is dependent on the terms and utilized by at least one of the Rating immediately prior to the respective conditions of the swap and the rating of Agencies rating the Securities; provided the counterparty, and if such Security that, if a swap counterparty is relying on payment date for the Securities covered rating is not dependent on the existence its short-term rating to establish by such agreement or arrangement, a of the swap and rating of the eligibility under this exemption, such fixed rate of interest or a floating rate of counterparty, such swap or cap shall be swap counterparty must either have a interest based on a publicly available referred to as a ‘‘Non-Ratings Dependent long-term rating in one of the three index (e.g., LIBOR or COFI), with the Swap.’’ With respect to a Non-Ratings highest long-term rating categories or Issuer receiving such payments on at Dependent Swap, each Rating Agency not have a long-term rating from the least a quarterly basis; rating the Securities must confirm, as of applicable Rating Agency, and provided (3) It is not ‘‘leveraged’’ as described the date of issuance of the Securities by further that if the class of Securities in subsection III.FF. (4); the Issuer, that entering into an Eligible with which the swap is associated has Swap with such counterparty will not a final maturity date of more than one 16 PTE 84–14 provides a class exemption for year from the date of issuance of the transactions between a party in interest with respect affect the rating of the Securities. to an employee benefit plan and an investment fund FF. ‘‘Eligible Swap’’ means a Ratings Securities, and such swap is a Ratings (including either a single customer or pooled Dependent or Non-Ratings Dependent Dependent Swap, the swap counterparty separate account) in which the plan has an interest, Swap: is required by the terms of the swap and which is managed by a QPAM, provided (1) Which is denominated in U.S. agreement to establish any certain conditions are met. QPAMs (e.g., banks, insurance companies, registered investment dollars; collateralization or other arrangement advisers with total client assets under management (2) Pursuant to which the Issuer pays satisfactory to the Rating Agencies in in excess of $85 million) are considered to be or receives, on or immediately prior to the event of a ratings downgrade of the experienced investment managers for plan investors the respective payment or distribution swap counterparty. that are aware of their fiduciary duties under ERISA. date for the class of Securities to which HH. ‘‘Qualified Plan Investor’’ means 17 PTE 96–23 permits various transactions the swap relates, a fixed rate of interest, a plan investor or group of plan involving employee benefit plans whose assets are or a floating rate of interest based on a investors on whose behalf the decision managed by an INHAM, an entity which is publicly available index (e.g., LIBOR or to purchase Securities is made by an generally a subsidiary of an employer sponsoring the plan which is a registered investment adviser the U.S. Federal Reserve’s Cost of Funds appropriate independent fiduciary that with management and control of total assets Index (COFI)), with the Issuer receiving is qualified to analyze and understand attributable to plans maintained by the employer such payments on at least a quarterly the terms and conditions of any swap and its affiliates which are in excess of $50 million.

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(4) It does not incorporate any Exemptions as described in its 2003 to ease lending to creditworthy provision which would cause a ‘‘EXPRO’’ authorization request (File #: businesses and consumers. unilateral alteration in any provision E00342). See Final Authorization 6. One component of the TLG described in subsections III.JJ. (1)–(3) Number (FAN) 04–03E, February 4, Program is the Debt Guarantee Program, without the consent of the Trustee; 2004 (hereinafter FAN 04–03E). The by which the FDIC will guarantee the (5) It is entered into by the Issuer with information contained in the payment of certain newly-issued senior an Eligible Swap Counterparty; and administrative file for E00342 as well as unsecured debt by entities described in (6) It has a notional amount that does the facts and representations contained 12 CFR 370.2(a) (i.e., insured depositary not exceed either: (i) The principal in FAN 04–03E also were considered institutions, certain U.S. bank holding balance of the class of Securities to and relied upon by the Department for companies, certain U.S. savings and which such agreement or arrangement purposes of this notice.18 The loan holding companies, and certain relates, or (ii) the portion of the Underwriter Exemptions are a group of affiliates of an insured depositary principal balance of such class individual exemptions that provide institution that the FDIC designates as represented solely by those types of substantially identical relief for the an eligible entity). The FDIC’s payment corpus or assets of the Issuer referred to servicing, management and operation of obligation is triggered by a payment in subsections III.B. (1), (2) and (3). certain asset-backed or mortgage-backed default rather than bankruptcy or Effective Date: If granted, and except investment pools and the acquisition, receivership. as otherwise provided, this proposed holding, sale or transfer by employee 7. Under the TLG Program, effective exemption will be effective as of benefit plans of certain securities as of December 6, 2008, the term ‘‘senior February 4, 2004. The exemptive relief, representing interests in those unsecured debt’’ excludes any if granted, for investment pools investment pools. These exemptions obligation with a stated maturity of 30 consisting solely of debt described in provide relief from certain of the days or less (including debt with a section III.B.(1)(f) will be effective as of prohibited transaction restrictions of maturity of ‘‘one month’’). The February 27, 2009 and will expire on sections 406(a), 406(b) and 407(a) of the guarantee on any previously issued the later of: July 1, 2012; or the Employee Retirement Income Security senior unsecured debt instrument expiration of the FDIC’s Debt Guarantee Act of 1974, as amended (ERISA or the issued with a stated maturity of 30 days Program, which is part of the TLG Act) and from the taxes imposed by or less will expire on the earlier of: (i) Program. section 4975(a) and (b) of the Internal the date the issuer ‘‘opts out’’ pursuant Summary of Facts and Representations Revenue Code of 1986, as amended (the to the TLG Program, or the maturity date 1. Barclays Bank PLC is an authorized Code), by reason of certain provisions of of the instrument. 8. The debt instruments covered by institution under the Banking Act of section 4975(c)(1) of the Code. the TLG Program are unsecured 1987 in the United Kingdom and is 4. The Applicants are requesting, borrowings that: (i) Are evidenced by a regulated by the Bank of England. As of among other things, individual written agreement or trade confirmation; December 31, 2007, Barclays Bank PLC exemptive relief that would add senior (ii) have a specific and fixed principal (Consolidated Balance Sheet) had unsecured debt guaranteed by the to be paid in full on demand or on a approximately £1,227,583,000,000 in Federal Deposit Insurance Corporation date certain; (iii) are not contingent and assets and £31,821,000,000 in (FDIC) pursuant to its Temporary contain no embedded options, forwards, stockholders’ equity. Barclays Bank PLC Liquidity Guarantee Program (TLG swaps or other derivatives; and (iv) are has several affiliates that are broker- Program) to the permissible assets of an not, by their terms, subordinated to any dealers or banks. Barclays Capital Inc., Issuer, which currently are restricted to other liability. The debt may pay a subsidiary of Barclays Bank PLC, is certain secured receivables, certain interest at a fixed or floating rate. Any incorporated under the laws of the State secured instruments, certain secured floating interest rate must be based on of Connecticut and is registered and obligations and guaranteed a commonly used reference rate, regulated by the Securities and governmental mortgage pool certificates including a single index of a Treasury Exchange Commission as a U.S. broker- as defined in 29 CFR 2510.3–101(i)(2). bill rate, the prime rate, or the London dealer under Section 15 of the Securities If this proposed exemption is granted by Interbank Offered Rate (LIBOR). For and Exchange Act of 1934, as amended. the Department, it would replace and more information about the TLG As of June 30, 2008, Barclays Capital expand the exemptive relief authorized Program, see the FDIC’s final rule at 73 Inc. (Unaudited Consolidated Balance in FAN 04–03E. FR 72244 (November 26, 2008) 19 and Sheet) has approximately US$ 5. The TLG Program was announced the FDIC Internet site at http:// 269,433,856,000 in assets and US$ by the FDIC on October 14, 2008, as an www.fdic.gov/. 2,518,536,000 in stockholders’ equity. initiative to deal with the recent 2. Barclays Bank PLC and Barclays disruptions in the financial markets that 9. Barclays represents that the debt Capital Inc. (hereinafter Barclays), alone have impaired the ability of covered by the TLG Program is or together with other broker-dealers, creditworthy companies to issue substantially similar to, and in some act as underwriter or placement agent commercial paper, particularly at respects more secure, than guaranteed with respect to the sale of securities. maturities longer than 30 days. The TLG governmental mortgage pool certificates. Barclays also may act as the manager or Program is designed to encourage The applicant states that although co-manager for a syndicate of securities liquidity in the banking system in order interest and principal payable pursuant underwriters or selling group. to a guaranteed governmental mortgage 3. Barclays received authorization 18 The Underwriter Exemptions, including PTE 2002–41, 67 FR 54487 (August 22, 2002) and PTE 19 On March 4, 2009, the FDIC published an from the Department pursuant to 2000–58, 65 FR 67765 (November 13, 2000), and interim rule that extends its guarantee to certain Prohibited Transaction Exemption (PTE) PTE 97–34, 62 FR 39021 (July 21, 1997), were new issues of mandatory convertible debt into 96–62, 67 FR 44622 (July 3, 2002), that amended by PTE 2007–05, 72 FR 13130 (March 20, common shares of the issuing entity at a specified certain prohibited transaction 2007) and PTE 2008–08, 73 FR 27570 (May 13, date no later than the expiration of the FDIC’s 2008). Additional information about the guarantee. Because the requested exemptive relief provisions do not apply to transactions Underwriter Exemptions also is available in the relates to pools of debt, the proposed exemption substantially similar to transactions notices of proposed exemption with respect to each would not apply to such mandatory convertible described in the Underwriter of the foregoing individual exemptions. debt.

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pool certificate are guaranteed by an is responsible for enforcing all the rights Idaho, and Elsewhere [Exemption agency of instrumentality thereof (e.g., in favor of securityholders pursuant to Application Numbers: D–11536 through Freddie Mac, Fannie Mae and Farmer the documents and instruments D–11550] Mac), such agencies are not backed by deposited in the trust. The trustee will Proposed Exemption the full faith and credit of the United be an independent entity, and therefore States unlike the FDIC. The full faith will be unrelated to any member of the The Department is considering and credit backing is significant because Restricted Group (as defined in section granting an exemption under the it represents an unconditional III.M.) other than an underwriter. authority of section 4975(c)(2) of the commitment from the United States to 15. The servicer of an issuer Code and in accordance with the pay interest on defaulted notes. The administers the receivables on behalf of procedures set forth in 29 CFR Part 2570 Applicant further represents that the securityholders (e.g., notifying Subpart B (55 FR 32836, 32847, August because of the full faith and credit borrowers of amounts due on 10, 1990). If the exemption is granted, backing of the debt, there likely also receivables, maintaining payment the sanctions resulting from the will be a ready market for these notes. records, and instituting foreclosure or application of section 4975 of the Code, In this regard, Barclays states that plans similar proceedings in the event of by reason of sections 4975(c)(1)(A), (D), already may invest directly in senior default). The issuer will be maintained and (E) of the Code, shall not apply to unsecured bank debt under the TLG as an essentially passive entity. the cash sales (the Sales) of certain PROGRAM in accordance with investor- Therefore, both the plan sponsor’s shares of closely held common stock based exemptions.20 discretion and the servicer’s discretion (the Stock) of the Bank of Idaho Holding 22 10. The FDIC board announced on with respect to assets included in an Company (the Company) by the IRAs January 16, 2009, that it will soon issuer are severely limited. to the Participants, disqualified persons propose rule changes to its Temporary 16. The Applicants request that the with respect to their respective IRAs, Liquidity Guarantee Program to extend exemptive relief, for bank debt provided that the following conditions the maturity of the guarantee from three guaranteed under the TLG Program by are satisfied: to up to 10 years where the debt is the FDIC, if granted, be made retroactive (a) The Sale of the Stock by each IRA supported by collateral and the issuance to February 27, 2009. is a one-time transaction for cash; (b) The terms and conditions of each supports new consumer lending.21 Notice to Interested Persons and Sale are at least as favorable to each IRA Barclays also has requested in its Hearing Requests as those obtainable in an arm’s length application that the individual All interested persons are invited to transaction with an unrelated party; exemptive relief apply to such debt. (c) Each IRA receives the fair market submit written comments or requests for 11. The underwriter (i.e., Barclays, value of the Stock on the date of the a hearing on the proposed exemption to their affiliates, or a member of an Sale as determined by a qualified, the address above, within time frame set underwriting syndicate or selling group independent appraiser; and of which Barclays or their affiliate is a forth above, after the publication of this (d) Each IRAs does not pay any manager or co-manager) will be a proposed exemption in the Federal commissions, costs, or other expenses in registered broker-dealer that acts as Register. All comments will be made connection with each Sale. underwriter or placement agent with part of the record. Comments received respect to the sale of securities. will be available for public inspection Summary of Facts and Representations 12. The issuer is established under a with the application at the address set 1. The IRAs are individual retirement pooling and servicing agreement forth above. accounts, as described in section 408(a) between a sponsor, a servicer and a With respect to notification of of the Code. Each of the IRAs is self- trustee. The sponsor or servicer of an interested persons, the Applicants will directed. Among the assets of each IRA issuer selects assets to be included in a distribute this notice of proposed are shares of closely-held stock in the trust, partnership, special purpose exemption by first class mail to an Company, a one-bank holding company corporation or limited liability independent plan fiduciary for all domiciled in the state of Idaho and company. ERISA pension plans for which the registered with the Board of Governors 13. As a general matter, Applicants and their subsidiaries of the Federal Reserve System. The sole Securityholders will be entitled to provide fiduciary services. All asset of the Company is the Bank of receive distributions of principal and/or notifications will be mailed within three Idaho (the Bank), located in Idaho Falls, interest, adjusted, in the case of business days after publication of the Idaho. The applicants describe the payments of interest, to a specified proposed exemption in the Federal Participants, the IRAs, and their rate—the pass through rate—which may Register. holdings of the Stock as follows: be fixed or variable. These distributions FOR FURTHER INFORMATION CONTACT: Eric (a) The IRA of Ralph Hartwell, a will be made monthly, quarterly, semi- A. Raps, Office of Exemption Director of the Bank, currently holds annually, or at such other intervals and Determinations, Employee Benefits total assets of approximately dates as specified in the related Security Administration, US. $975,897.07, which includes 41,004 prospectus or private placement Department of Labor, telephone (202) shares of the Stock. The IRA of Ralph memorandum. 693–8532. (This is not a toll-free Hartwell acquired all of the Stock from 14. The trustee of a trust is the legal number). the Company on August 28, 1985. owner of the obligations in the trust and Individual Retirement Accounts (the (b) The IRA of Harold Latin, a Director IRAs) for Ralph Hartwell, Harold Latin, of the Bank, currently holds total assets 20 See, for example, PTE 84–14 and PTE 96–23, Kenlon Johnson, Carol Johnson, Shanon of approximately $28,703.51, which which are referenced, respectively, in earlier includes 1,071 shares of the Stock. The footnotes to this proposed exemption. Taylor, Michael Ball, Dianne Barkas, 21 See FDIC Press Release (PR) 4–2009. To date, Roy Barkas, Harry DeWall, Alice Pike, IRA of Harold Latin acquired all of the the FDIC has not published such a rule in the Steven Larsen, C. Timothy Hopkins, Federal Register. See the caption in the preamble 22 Because each IRA has only one Participant, entitled ‘‘Supplementary Information’’ as to the Wayne Meuleman, Robert L. Miller, and there is no jurisdiction under 29 CFR § 2510.3–3(b). Department’s solicitation of comments with respect Richard T. Scott (Collectively, the However, there is jurisdiction under Title II of the to secured debt. Participants), Located in Idaho Falls, Act pursuant to section 4975 of the Code.

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Stock from the Company on August 28, (m) The IRA of Wayne Meuleman the applicants represent that the 1985. currently holds total assets of Company was a Subchapter C (c) The IRA of Kenlon Johnson, a approximately $42,651.09, which corporation. The applicants state that Director of the Bank, currently holds includes 1,680 shares of the Stock. The business and income tax considerations total assets of approximately IRA of Wayne Meuleman acquired all of caused the Company to elect to be taxed $448,673.63, which includes 400 shares the Stock from the Company on August as a Subchapter S corporation pursuant of the Stock. The IRA of Kenlon Johnson 28, 1985. to the Code, effective on January 1, acquired all of the Stock from the (n) The IRA of Robert L. Miller 2007. The applicants further represent Company on July 12, 2004. currently holds total assets of that, while section 1361(c)(2)(vi) of the (d) The IRA of Carol Johnson, the approximately $39,816.46, which Code permits an IRA to be an eligible spouse of Kenlon Johnson, currently includes 1,543 shares of the Stock. The shareholder in a bank holding company holds total assets of approximately IRA of Robert L. Miller acquired all of upon the company’s conversion to a $120,165.26, which includes 1,000 the Stock from the Company on August Subchapter S corporation, the shares of the Stock. The IRA of Carol 28, 1985. applicants nevertheless remain liable for Johnson acquired all of the Stock from (o) The IRA of Richard T. Scott unrelated business tax income (UBTI) in the Company on February 16, 2000. currently holds total assets of their respective IRAs subsequent to the (e) The IRA of Shanon Taylor, an approximately $17,209.21, which conversion, which negatively impacts employee of the Bank, currently holds includes 653 shares of the Stock. The the accounts. Accordingly, the total assets of approximately $23,641.36, IRA of Richard T. Scott acquired all of applicants seek to effectuate the Sale of which includes 910 shares of the Stock. the Stock from the Company on the Stock from their IRAs.24 The The IRA of Shanon Taylor is a Roth IRA February 16, 2000. applicants also represent that the that acquired all of the Stock from the The applicants represent that the acquisition of the Stock by each IRA Company on November 15, 1996. Bank is the custodian for all of the IRAs, was done for investment purposes and (f) The IRA of Michael Ball currently except that: (i) The custodian of the IRA that, in fact, each IRA made a profit on holds total assets of approximately of Kenlon Johnson is Wachovia its original investment. $27,438.54, which includes 1,050 shares Securities (Wachovia); (ii) the custodian 3. The Stock was initially appraised of the Stock. The IRA of Michael Ball of the IRA of Michael Ball is TD by the valuation firm of Southard acquired all of the Stock from the Ameritrade Institutional (TD Financial, which is located in Memphis, Company on January 18, 1999. Ameritrade); (iii) the custodian of the Tennessee. In an appraisal report dated October 9, 2008, Southard Financial (g) The IRA of Dianne Barkas IRA of Steven Larsen is Merrill Lynch currently holds total assets of Pierce Fenner & Smith (Merrill Lynch); and (iv) the custodian of the IRA of C. the extent that there were violations of section approximately $162,479.85, which 4975(c)(1)(D) and (E) of the Code with respect to the includes 6,380 shares of the Stock. The Timothy Hopkins is Raymond James purchases and holdings of the Stock by the IRAs, IRA of Dianne Barkas acquired all of the Financial Services, Inc (Raymond the Department is extending no relief for these Stock from the Company on August 28, James). Wachovia, TD Ameritrade, transactions. Merrill Lynch, and Raymond James are 24 Section 4975(d)(16) of the Code provides a 1985. statutory exemption from the prohibited transaction (h) The IRA of Roy Barkas currently all national brokerage firms. provisions of the Code for the sale of stock held by holds total assets of approximately 2. The applicants request an a trust which constitutes an individual retirement $83,554.74, which includes 3,262 shares administrative exemption for the Sale of account under section 408(a) of the Code to the the Stock by each individual IRA to its individual for whose benefit such account is of the Stock. The IRA of Roy Barkas established, provided that: (i) Such stock is in a acquired all of the Stock from the respective Participant. The applicants bank (as defined in section 581 of the Code) or a Company on August 28, 1985. also represent that the IRAs acquired the depository institution holding company (as defined (i) The IRA of Harry DeWall currently Stock directly from the issuer (i.e., the in section 3(w)(1) of the Federal Deposit Insurance Company).23 Prior to January 1, 2007, Act (12 U.S.C. 1813(w)(1)); (ii) such stock is held holds total assets of approximately by such trust as of the date of the enactment of this $419,921.88, which includes 10,000 paragraph; (iii) such sale is pursuant to an election 23 shares of the Stock. The IRA of Harry The Department notes that, to the extent that under section 1362(a) of the Code by such bank or the Company or the other sellers were not company; (iv) such sale is for fair market value at DeWall acquired all of the Stock from disqualified persons with respect to the IRAs under the time of sale (as established by an independent the Company on September 11, 1999. section 4975(e) of the Code, the purchase of the appraiser) and the terms of the sale are otherwise (j) The IRA of Alice Pike currently Stock would not have constituted a prohibited at least as favorable to such trust as the terms that holds total assets of approximately transaction under section 4975(c)(1) of the Code. would apply on a sale to an unrelated party; (v) Accordingly, to the extent that there were violations such trust does not pay any commissions, costs, or $36,165.72, which includes 1,117 shares of section 4975(c)(1) of the Code with respect to the other expenses in connection with the sale; and (vi) of the Stock. The IRA of Alice Pike purchases and holdings of the Stock by the IRAs, the stock is sold in a single transaction for cash not acquires all of the Stock from the the Department is extending no relief for these later than 120 days after the S corporation election Company on September 28, 2000. transactions. is made. Further, the purchase and holding of the Stock by The applicants represent that, because the Stock (k) The IRA of Steven Larsen the IRAs whose Participants are officers or directors of the Company was not sold within 120 days of currently holds total assets of of the Company and/or the Bank raises questions the Company’s S Corporation election on January 1, approximately $792,100.40, which under section 4975(c)(1)(D) and (E) of the Code 2007, the proposed Sales of the Stock would not includes 3,877 shares of the Stock. The depending on the degree (if any) of the IRA qualify for exemptive relief under section Participant’s interest in the transaction. Section 4975(d)(16) of the Code. The applicants further IRA of Steven Larsen acquired all of the 4975(c)(1)(D) and (E) of the Code prohibits the use represent that advisors to the Company at the time Stock from the Company on August 28, by or for the benefit of a disqualified person of the of the Subchapter S election were unaware of the 1985. income or assets of a plan and prohibits a fiduciary negative income tax ramifications of the election on from dealing with the income or assets of a plan in the IRA holders, and did not inform the holders that (l) The IRA of C. Timothy Hopkins his own interest or for his own account. Those IRA the election had been made. The applicants also currently holds total assets of Participants who are officers and/or directors of the represent that, had the IRA holders been made approximately $488,139.96, which Company or of the Bank, may have had interests in aware of the election, the IRA holders would have includes 2,000 shares of the Stock. The the transactions which affected their best judgment taken action consistent with the statutory as fiduciaries of their IRAs. In such circumstances, exemption. Accordingly, the applicants have IRA of C. Timothy Hopkins acquired all the transactions may have violated sections applied to the Department for an administrative of the Stock from the Company on 4975(c)(1)(D) and (E) of the Code. See Advisory exemption under section 4975(c)(2) of the Code for September 11, 1999. Opinion 90–20A (June 15, 1990). Accordingly, to the proposed Sale of the Stock.

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offered its opinion of the fair market and unrelated to, the Participants, the closely held community bank stock (as value of the Stock as of August 31, 2008. Company, and the Bank. opposed to other businesses in a local The appraisal report was signed by Mr. In arriving at a value for the Stock, the market), no discount for a lack of Douglas K. Southard (Mr. Southard), Mr. Appraisers utilized a combined marketability of the Stock should be David A. Harris (Mr. Harris), and Mr. valuation methodology, according taken in the appraisal. The Appraisers Mark A. Orndorff (Mr. Orndorff), each of weight to both the income approach and rounded the $23.82 figure for the value whom is an accredited appraiser with the market approach (in the latter of the Stock to $23.80 to reflect what the firm. Mr. Southard, Mr. Harris, and approach, the Appraisers took into they believed was the imprecision account the price/book valuation Mr. Orndorff (collectively, the inherent in the various assumptions method, the price/earnings method, and Appraisers) each represent that they are used in the fair market value the prior transactions method). determination. full-time, qualified appraisers and are Applying these combined senior members of the American Society methodologies, the Appraisers arrived at Applying the $23.80 per share of Appraisers (ASA). In addition, Mr. a per share value for the Stock of $23.82. valuation, the aggregate fair market Southard and Mr. Harris, as principals In this connection, the Appraisers value of the Stock held by the respective of Southard Financial, represent that determined that, because there is often IRAs of the Participants as of August 31, they and their firm are independent of, local demand for the ownership of 2008 is reflected in the following table:

Fair market Percentage of Number of value of the total IRA Individual retirement account (IRA) of shares of stock in each assets stock held in IRA as of represented by each IRA 8/31/2008 the stock

Ralph Hartwell ...... 41,004 $975,895.20 99.99 Harold Latin ...... 1,071 25,489.80 88.80 Kenlon Johnson ...... 400 9,520 2.12 Carol Johnson ...... 1,000 23,800 19.81 Shanon Taylor ...... 910 21,658 91.61 Michael Ball ...... 1,050 24,990 91.08 Dianne Barkas ...... 6,380 151,844 93.45 Roy Barkas ...... 3,262 77,635.60 92.92 Harry DeWall ...... 10,000 238,000 56.68 Alice Pike ...... 1,117 26,584.60 73.51 Steven Larsen ...... 3,877 92,272.60 11.65 C. Timothy Hopkins ...... 2,000 47,600 9.75 Wayne Meuleman ...... 1,680 39,984 93.75 Robert L. Miller ...... 1,543 36,723.40 92.23 Richard T. Scott ...... 653 15,541.40 90.31

4. The applicants represent that the greater diversification of the IRAs’ assets Notice To Interested Persons: Because combined Stock held by each of the will be achieved by reinvesting the the applicants are the only participants IRAs (i.e., 75,947 shares) represents only proceeds of the Sales in other assets. in the IRAs, it has been determined that 5.75% of the 1,319,757 shares of the Furthermore, the applicants represent there is no need to distribute this notice Stock of the Company that are currently that the transactions are protective of of proposed exemption (the Notice) to outstanding. The applicants also the rights of the Participants and interested persons. Comments and represent that the proposed Sales of the beneficiaries of the IRAs because each requests for a hearing are due thirty (30) Stock by the IRAs will not result in any IRA will receive the fair market value of days after publication of the Notice in of the Participants becoming holders of the Stock currently owned by each IRA the Federal Register. 10% or more of the shares of the as of the date of the Sale, as determined FOR FURTHER INFORMATION CONTACT: Mr. Company, nor will the Sales give any of by a qualified, independent appraiser. Mark Judge of the Department, the Participants a controlling interest in Finally, the IRAs will not incur any telephone (202) 693–8339. (This is not the Company. The applicants further commissions, costs, or other expenses as a toll-free number.) state that, if the Department grants an a result of the Sales. administrative exemption for the 6. In summary, the applicants General Information proposed Sales, an updated appraisal represent that the transactions will The attention of interested persons is will be undertaken by a qualified, satisfy the statutory criteria of section directed to the following: independent appraiser to determine the 4975(c)(2) of the Code because: (a) The (1) The fact that a transaction is the fair market value of the Stock as of the Sale of the Stock by each IRA is a one- subject of an exemption under section date that the Sales are consummated. time transaction for cash; (b) The terms 408(a) of the Act and/or section 5. The applicants represent that the and conditions of each Sale is at least 4975(c)(2) of the Code does not relieve transactions are administratively as favorable to each IRA as those a fiduciary or other party in interest or feasible because each Sale will be a one- obtainable in an arm’s length disqualified person from certain other time transaction for cash. The transaction with an unrelated party; (c) provisions of the Act and/or the Code, applicants also represent that the Each IRA receives the fair market value including any prohibited transaction transactions are in the interests of the of the Stock on the date of the Sale as provisions to which the exemption does IRAs because each IRA will dispose of determined by a qualified, independent not apply and the general fiduciary all its shares of the Stock at a price appraiser; and (d) Each IRAs does not responsibility provisions of section 404 which equals the Stock’s fair market pay any commissions, costs, or other of the Act, which, among other things, value at the time of the Sale. As a result, expenses in connection with each Sale. require a fiduciary to discharge his

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duties respecting the plan solely in the SUMMARY: The Department of Labor temporary nonimmigrant workers interest of the participants and (DOL or the Department) withdraws for coming to the U.S. under the H–2A visa beneficiaries of the plan and in a further consideration an interpretation program, see 8 U.S.C. prudent fashion in accordance with of the Fair Labor Standards Act (FLSA) 1101(a)(15)(H)(ii)(a), were primarily for section 404(a)(1)(b) of the Act; nor does published on December 18 and 19, the grower’s benefit because such costs it affect the requirement of section 2008. The interpretation, which was were necessary and incident to the 401(a) of the Code that the plan must published at 73 FR 77148–52 (H–2A employment of such workers. A number operate for the exclusive benefit of the program) and 73 FR 78039–41 (H–2B of U.S. district courts have extended the employees of the employer maintaining program), articulated an opinion that Arriaga holding regarding the FLSA the plan and their beneficiaries; the FLSA and its implementing requirements to temporary (2) Before an exemption may be regulations do not require employers to nonimmigrant workers admitted into granted under section 408(a) of the Act reimburse workers under the H–2A and the U.S. under the H–2B visa program, and/or section 4975(c)(2) of the Code, H–2B nonimmigrant visa programs, 8 U.S.C. 1101(a)(15)(H)(ii)(b). See, e.g., the Department must find that the respectively, for relocation expenses De Leon-Granados v. Eller & Sons Trees exemption is administratively feasible, even when such costs result in the Inc., 2008 WL 4531813 (N.D. Ga., Oct. in the interests of the plan and of its workers being paid less than the 7, 2008); Rosales v. Hispanic Employee participants and beneficiaries, and minimum wage. This interpretation is Leasing Program, 2008 WL 363479 protective of the rights of participants hereby withdrawn for further (W.D. Mich. Feb. 11, 2008); Rivera v. and beneficiaries of the plan; consideration by the Department and Brickman Group, 2008 WL 81570 (E.D. (3) The proposed exemptions, if may not be relied upon as a statement Pa. Jan. 7, 2008); Recinos-Recinos v. granted, will be supplemental to, and of agency policy. Express Forestry Inc., 2006 WL 197030 not in derogation of, any other DATES: Effective Date: March 26, 2009. (E.D. La. Jan. 24, 2006); but see provisions of the Act and/or the Code, FOR FURTHER INFORMATION CONTACT: Castellanos-Contreras v. Decatur Hotels including statutory or administrative Richard Brennan, Director of Office of LLC, No. 07–30942 (5th Cir. Feb. 11, exemptions and transitional rules. Interpretations and Regulatory Analysis, 2009), pet. for reh’g filed (Mar. 11, Furthermore, the fact that a transaction Wage and Hour Division, Employment 2009), rev’g, 488 F. Supp. 2d 565 (E.D. is subject to an administrative or Standards Administration, U.S. La. 2007). statutory exemption is not dispositive of Department of Labor, 200 Constitution On December 18, 2008, DOL whether the transaction is in fact a Avenue, NW., Room S–3506, published final regulations revising the prohibited transaction; and Washington, DC 20210; Telephone (202) procedures for the issuance of labor (4) The proposed exemptions, if 693–0051 (this is not a toll-free certifications to employers sponsoring granted, will be subject to the express number). Individuals with hearing or H–2A nonimmigrants for admission to condition that the material facts and perform temporary agricultural labor or speech impairments may access the representations contained in each services and the procedures for telephone numbers above via TTY by application are true and complete, and enforcing compliance with attestations calling the toll-free Federal Information that each application accurately made by those employers. 73 FR 77110. Relay Service at 1–800–877–8339. describes all material terms of the The H–2A Final Rule became effective transaction which is the subject of the SUPPLEMENTARY INFORMATION: The Fair on January 17, 2009. The preamble exemption. Labor Standards Act (FLSA), 29 U.S.C. accompanying the H–2A Final Rule 201 et seq., requires covered employers included a discussion of the Arriaga to pay their nonexempt employees a Signed at Washington, DC, this 20th day of issue, concluding that the Eleventh March, 2009. federal minimum wage and overtime Circuit’s decision was wrongly decided premium pay of time and one-half the Ivan Strasfeld, and that inbound travel expenses of H– regular rate of pay for hours worked in Director of Exemption Determinations, 2A workers do not primarily benefit Employee Benefits Security Administration, excess of 40 in a week. The agency their employers. 73 FR 77148–52. DOL U.S. Department of Labor. responsible for administration of the characterized this discussion as an [FR Doc. E9–6619 Filed 3–25–09; 8:45 am] FLSA is the Wage and Hour Division, interpretation of the FLSA, 73 FR 77151, Employment Standards Administration, BILLING CODE 4510–29–P and did not seek public comment on the of the Department of Labor. The FLSA issue when it issued the H–2A Notice of and its regulations prohibit an employer Proposed Rulemaking, 73 FR 8538 (Feb. DEPARTMENT OF LABOR from either deducting from an 13, 2008). Prior to the issuance of the employee’s pay or imposing an expense preamble discussion, courts uniformly Employment and Training upon an employee for costs that are had held that relocation expenses were Administration primarily for the benefit of the primarily for the benefit of employers. employer, if to do so results in an On December 19, 2008, DOL Wage and Hour Division employee receiving less than the published final regulations revising the minimum wage. 29 U.S.C. 203(m); 29 procedures for the issuance of labor Withdrawal of Interpretation of the Fair CFR part 531. Thus, during the first certifications to employers sponsoring Labor Standards Act Concerning workweek, workers must be H–2B nonimmigrants for admission to Relocation Expenses Incurred by H–2A compensated at a rate that would bring perform temporary nonagricultural labor and H–2B Workers their wages up to minimum wage, or services and the procedures for AGENCY: Employment and Training taking into account pre-employment enforcing compliance with attestations Administration, Department of Labor in expenses that primarily benefit the made by those employers. 73 FR 78019. concurrence with the Wage and Hour employer. In Arriaga v. Florida Pacific The Final Rule became effective on Division, Employment Standards Farms, L.L.C., 305 F.3d 1228 (11th Cir. January 18, 2009. The preamble Administration, Department of Labor. 2002), the U.S. Court of Appeals for the accompanying the Final H–2B Rule Eleventh Circuit held that, under the included a discussion of the Arriaga ACTION: Notice of withdrawal of FLSA regulations, the transportation issue, concluding that the Eleventh interpretation. from Mexico to Florida and visa costs of Circuit’s decision and the district court

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decisions that followed its reasoning in mechanism established for the quality of the workforce, reduce the H–2B context were wrongly decided disseminating the Department’s welfare dependency, and enhance the and that inbound travel expenses of H– opinions and interpretations of the productivity and competitiveness of the 2B workers do not primarily benefit FLSA. Nation.’’ their employers. 73 FR 78039–41. DOL Signed in Washington, DC, this 20th day of The LLSIL is used for several characterized this discussion as an March 2009. purposes under WIA. Specifically, WIA Section 101(25) defines the term ‘‘low interpretation of the FLSA, 73 FR 78041, Douglas F. Small, and did not seek public comment on the income individual’’ for eligibility Deputy Assistant Secretary, Employment and purposes, and Sections 127(b)(2)(C) and issue when it issued the H–2B Notice of Training Administration. Proposed Rulemaking, 73 FR 29941 132(b)(1)(B)(v)(IV) define the terms Shelby Hallmark, (May 22, 2008). Prior to the issuance of ‘‘disadvantaged youth’’ and the preamble discussion, courts Acting Assistant Secretary, Employment ‘‘disadvantaged adult’’ in terms of the Standards Administration. uniformly had held that relocation poverty line or LLSIL for state formula expenses were primarily for the benefit [FR Doc. E9–6623 Filed 3–25–09; 8:45 am] allotments. The Governor and state/ of employers. BILLING CODE 4510–FP–P local workforce investment boards This matter concerns important issues (WIBs) use the LLSIL for determining as to whether various pre-employment eligibility for youth, eligibility for expenses incurred by workers lawfully DEPARTMENT OF LABOR employed adult workers for certain may result in workers’ weekly wages Employment and Training services and for the Work Opportunity being reduced below the minimum Administration Tax Credit (WOTC). We encourage the wage. Because of the reach of FLSA Governors and state/local WIBs to coverage, any interpretation of FLSA Workforce Investment Act; Lower consult WIA regulations and the regulations has wide-ranging effects; the Living Standard Income Level preamble to the WIA Final Rule interpretation of section 203(m) of the (published at 65 FR 49294 August 11, FLSA and its regulations in the AGENCY: Employment and Training 2000) for more specific guidance in preamble of the H–2A and H–2B Final Administration, Labor. applying the LLSIL to program Rules may have ramifications well ACTION: Notice of Determination of requirements. The Department of Health beyond the workers and employers Lower Living Standard Income Level. and Human Services (HHS) published subject to the H–2A and H–2B rules. the annual 2009 update of the poverty- Indeed, the H–2A and H–2B preamble SUMMARY: Under Title I of the Workforce level guidelines in the Federal Register, interpretation of the FLSA is not Investment Act (WIA) of 1998 (Pub. L. Vol. 74, No. 14, January 23, 2009, pp. codified in any regulatory requirement 105–220), the Secretary of Labor 4199–4201. The HHS 2009 Poverty set out in the H–2A and H–2B rules, and annually determines the Lower Living guidelines may also be found on the DOL did not seek public comment on Standard Income Level (LLSIL) for uses Internet at: http://aspe.hhs.gov/poverty/ the issue from the H–2A and H–2B described in the law. WIA defines the 09fedreg.pdf. ETA plans to have the regulated communities. DOL is term ‘‘Low Income Individual’’ as one 2009 LLSIL available on its Web site at especially sensitive to potential adverse who qualifies under various criteria, [http://www.doleta.gov/llsil/2009/]. impacts an interpretation, which was including an individual who received WIA Section 101(24) defines the included in the preamble in order to income for a six-month period that does LLSIL as ‘‘that income level (adjusted state a policy position of the prior not exceed the higher level of the for regional, metropolitan, urban and Administration, might have on our poverty line or 70 percent of the LLSIL. rural differences and family size) Nation’s most vulnerable workers, This issuance provides the Secretary’s determined annually by the Secretary including low-wage U.S. workers and annual LLSIL for 2009 and references [of Labor] based on the most recent foreign guest workers. For these reasons, the current 2009 Health and Human lower living family budget issued by the DOL believes that this issue warrants Services ‘‘Poverty Guidelines.’’ Secretary.’’ The most recent lower living further review. Consequently, in DATES: Effective Date: This notice is family budget was issued by the accordance with authority granted effective on the date of publication in Secretary in the fall of 1981. The four- under the FLSA, 29 U.S.C. 203(m) and the Federal Register. person urban family budget estimates, 259, as well as the INA, 8 U.S.C. ADDRESSES: Send written comments to: previously published by the Bureau of 1101(a)(15)(h)(ii)(a), Mr. Samuel Wright, Department of Labor Statistics (BLS), provided the 1101(a)(15)(h)(ii)(b), 1103(a)(6), 1184(c), Labor, Employment and Training basis for the Secretary to determine the 1188; 8 CFR 214.2(h); and 20 CFR Administration, 200 Constitution LLSIL. BLS terminated the four-person 655.50(a), DOL withdraws the FLSA Avenue, NW., Room C–4510, family budget series in 1982, after interpretation at 73 FR 77148–52 and at Washington, DC 20210. publication of the fall 1981 estimates. Currently, BLS provides data to ETA 73 FR 78039–41 for further FOR FURTHER INFORMATION CONTACT: consideration and the interpretation through which ETA develops the LLSIL Please contact Mr. Samuel Wright, tables, as provided in the Appendices. may not be relied upon as a statement Telephone (202) 693–2870; Fax (202) of agency policy for purposes of the ETA published the 2008 updates to 693–3015 (these are not toll free the LLSIL in the Federal Register of Portal-to-Portal Act, 29 U.S.C. 259 or numbers). otherwise.1 After reconsideration of this April 25, 2008, at 73 FR 22435 and the issue, DOL will provide the public with SUPPLEMENTARY INFORMATION: It is the corrections to tables 4 and 5 in the interpretive guidance through a purpose of the Workforce Investment Federal Register of June 10, 2008, at 73 Act of 1998 ‘‘to provide workforce FR 32740. These notices again updates 1 On March 17, 2009, DOL proposed to suspend investment activities, through statewide the LLSIL to reflect cost of living the H–2A Final Rule. 74 FR 11408. The proposed and local workforce investment systems, increases for 2008, by applying the suspension is open to public comment, but that increase the employment, retention, percentage change in the most recent regardless of the outcome of the notice of proposed rulemaking, the Department withdraws for further and earnings of participants, and 2008 Consumer Price Index for All consideration the interpretation of the FLSA that increase occupational skill attainment Urban Consumers (CPI–U) for an area, appeared in the preamble to the H–2A Final Rule. by participants, and as a result, improve compared with the 2007 CPI–U to each

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of the April 25, 2008 LLSIL figures. West Virginia. Tables 4 and 5, may be used with any Those updated figures for a family-of- West LLSIL designated. The Governor’s four are listed in Appendix A, Table 1, designation may be provided by by region for both metropolitan and Arizona, disseminating information on MSAs and non-metropolitan areas. This year the California, Colorado, metropolitan and non-metropolitan LLSIL figures for some areas have Idaho, areas within the state or it may involve decreased because the over-the-year Montana, further calculations. For example, the change in CPI–U was negative due to Nevada, State of New Jersey may have four or the economic downturn. Figures in all New Mexico, more LLSIL figures for Northeast of the accompanying tables, in the Oregon, metropolitan, Northeast non- Appendices, are rounded up to the Utah, Washington, metropolitan, portions of the state in the nearest dollar. Since low income New York City MSA, and those in the individuals, ‘‘disadvantaged adult’’ and Wyoming. Additionally, separate figures have Philadelphia MSA. If a workforce ‘‘disadvantaged youth’’ may be been provided for Alaska, Hawaii, and investment area includes areas that determined by family income at 70 Guam as indicated in Appendix B, would be covered by more than one percent of the LLSIL, pursuant to WIA Table 2. Sections 101(25), 127(b)(2)(C), and figure, the Governor may determine For Alaska, Hawaii, and Guam, the which is to be used. 132(b)(1)(B)(v)(IV), respectively, those year 2008 figures were updated from the figures are listed as well. April 2008 ‘‘State Index’’ based on the Under 20 CFR 661.110, a state’s Jurisdictions included in the various ratio of the urban change in the state policies and measures for the workforce regions, based generally on Census (using Anchorage for Alaska and investment system shall be accepted by Divisions of the U.S. Department of Honolulu for Hawaii and Guam) the Secretary to the extent that they are Commerce, are as follows: compared to the West regional consistent with the WIA and the WIA Northeast metropolitan change, and then applying regulations. Connecticut, that index to the West regional Disclaimer on Statistical Uses Maine, metropolitan change. Massachusetts, Data on 23 selected MSAs are also It should be noted, the publication of New Hampshire, available. These are based on these figures is only for the purpose of New Jersey, semiannual CPI–U changes for a 12- meeting the requirements specified by New York, month period ending in June 2008. The WIA as defined in the law and Pennsylvania, updated LLSIL figures for these MSAs regulations. BLS has not revised the Rhode Island, and 70 percent of the LLSIL are reported lower living family budget since 1981, Vermont, in Appendix C, Table 3. and has no plans to do so. The four- Virgin Islands. Appendix D, Table 4 lists each of the person urban family budget estimates Midwest various figures at 70 percent of the updated 2008 LLSIL for family sizes of series has been terminated. The CPI–U Illinois, one to six persons. Because tables 1–3 adjustments used to update the LLSIL Indiana, for this publication are not precisely Iowa, only list the LLSIL for a family of four, table 4 can be used to determine the comparable, most notably because Kansas, certain tax items were included in the Michigan, LLSIL for families of one to six persons. Minnesota, For families larger than six persons, an 1981 LLSIL, but are not in the CPI–U. Missouri, amount equal to the difference between Thus, these figures should not be used Nebraska, the six-person and the five-person for any statistical purposes, and are North Dakota, family income levels should be added to valid only for those purposes under Ohio, the six-person family income level for WIA as defined in the law and South Dakota, each additional person in the family. regulations. Wisconsin. Where the poverty level for a particular Lower Living Standard Income Level family size is greater than the South for 2009 corresponding LLSIL figure, the figure is Alabama, American Samoa, indicated in parentheses. A modified Under Title I of the Workforce Arkansas, Excel version of Appendix D, Table 4, Investment Act of 1998 (Public Law Delaware, with the area names, will be available 105–220), the Secretary of Labor District of Columbia, on the Department of Labor, annually determines the Lower Living Florida, Employment and Training Standard Income Level (LLSIL). This Georgia, Administration LLSIL Webpage at Notice announces the LLSIL Tables for Northern Marianas, [http://www.doleta.gov/llsil/2009/]. 2009. WIA requires the Department of Oklahoma, Appendix E, Table 5, indicates 100 Labor to update and publish the LLSIL Palau, percent of LLSIL for family sizes of one Puerto Rico, tables annually. The LLSIL tables are to six and is used to determine self- used for several purposes under WIA, South Carolina, sufficiency as noted at 20 CFR 663.230 Kentucky, including determining eligibility for of the WIA regulations and WIA Section Louisiana, youth and for the Work Opportunity 134(d)(3)(A)(ii). Marshall Islands, Tax Credit. Maryland, Use of These Data Micronesia, Signed at Washington, DC, this 16th day of Mississippi, Governors should designate the March 2009. North Carolina, appropriate LLSILs for use within the Douglas F. Small, Tennessee, state from Appendices A, B, and C, Deputy Assistant Secretary. Texas, containing Tables 1 through 3. Virginia, Appendices D and E, which contain Appendix A

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TABLE 1—LOWER LIVING STANDARD INCOME LEVEL (For a family of four persons) by Region 1

2 2009 Adjusted 70 percent Region LLSIL LLSIL

Northeast Metro ...... $37,703 $26,392 Non-Metro 3 ...... 36,086 25,260 Midwest Metro ...... 33,198 23,239 Non-Metro ...... 31,817 22,272 South Metro ...... 32,143 22,500 Non-Metro ...... 30,986 21,690 West Metro ...... 36,664 25,665 Non-Metro 4 ...... 35,126 24,588 1 For ease of use, these figures are rounded to the next highest dollar. 2 Metropolitan area measures were calculated from the weighted average CPI–Us for city size classes A and B/C. Non-metropolitan area measures were calculated from the CPI–Us for city size class D. 3 Non-metropolitan area percent changes for the Northeast region are no longer available. The Non-metropolitan percent change was cal- culated using the U.S. average CPI–U for city size class D. 4 Non-metropolitan area percent changes for the West region are unpublished data.

Appendix B

TABLE 2—LOWER LIVING STANDARD INCOME LEVEL (For a family of four persons)—Alaska, Hawaii and Guam 1

2009 Adjusted 70 percent Region LLSIL LLSIL

Alaska Metro ...... $44,250 $30,975 Non-Metro 2 ...... 44,073 30,851 Hawaii, Guam Metro ...... 47,622 33,335 Non-Metro 2 ...... 47,051 32,936 1 For ease of use, these figures are rounded to the next highest dollar. 2 Non-Metropolitan percent changes for Alaska, Hawaii and Guam were calculated from the CPI–Us for city size class D in the Western Region.

Appendix C

TABLE 3—LOWER LIVING STANDARD INCOME LEVEL (For a family of four persons) 23 MSAs 1

2009 Adjusted 70 percent Metropolitan Statistical Areas (MSAs) LLSIL LLSIL

Anchorage, AK ...... $45,356 $31,749 Atlanta, GA ...... 30,799 21,559 Boston—Brockton—Nashua, MA/NH/ME/CT ...... 41,150 28,805 Chicago—Gary—Kenosha, IL/IN/WI ...... 34,947 24,463 Cincinnati—Hamilton, OH/KY/IN ...... 33,753 23,627 Cleveland—Akron, OH ...... 34,542 24,179 Dallas—Ft. Worth, TX ...... 31,333 21,933 Denver—Boulder—Greeley, CO ...... 35,307 24,715 Detroit—Ann Arbor—Flint, MI ...... 31,957 22,370 Honolulu, HI ...... 48,670 34,069 Houston—Galveston—Brazoria, TX ...... 29,759 20,831 Kansas City, MO/KS ...... 32,479 22,735 Los Angeles—Riverside—Orange County, CA ...... 38,822 27,175 Milwaukee—Racine, WI ...... 33,405 23,384 Minneapolis—St. Paul, MN/WI ...... 33,585 23,510 New York—Northern NJ—Long Island, NY/NJ/CT/PA ...... 40,205 28,144 Philadelphia—Wilmington—Atlantic City, PA/NJ/DE/MD ...... 36,317 25,422 Pittsburgh, PA ...... 40,379 28,265 St. Louis, MO/IL ...... 31,917 22,342 San Diego, CA ...... 42,827 29,979 San Francisco—Oakland—San Jose, CA ...... 38,904 27,233

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TABLE 3—LOWER LIVING STANDARD INCOME LEVEL—Continued (For a family of four persons) 23 MSAs 1

2009 Adjusted 70 percent Metropolitan Statistical Areas (MSAs) LLSIL LLSIL

Seattle—Tacoma—Bremerton, WA ...... 40,221 28,155 Washington—Baltimore, DC/MD/VA/WV 2 ...... 41,013 28,709 1 For ease of use, these figures are rounded to the next highest dollar. 2 Baltimore and Washington are now calculated as a single metropolitan statistical area.

Appendix D Larger and smaller family eligibility is Where the HHS poverty level for a based on a percentage of the family of particular family size is greater than the Table 4—Seventy Percent of Updated four. To determine eligibility for other 2009 Lower Living Standard Income corresponding LLSIL figure, the LLSIL size families consult table 4 and the Level (LLSIL), by Family Size figure appears in a shaded block. instructions below. Individuals from these size families may To use the seventy percent LLSIL To use Table 4, locate the seventy consult the 2009 HHS poverty value, where it is stipulated for WIA percent LLSIL value that applies to the guidelines found in the Federal programs, begin by locating the region individual’s region or metropolitan area Register, Vol. 74, No. 14, January 23, or metropolitan area where they reside. from Tables 1, 2 or 3. Find the same 2009, pp. 4199–4201 (on the Internet at These are listed in Tables 1, 2 and 3. number in the ‘‘family of four’’ column http://aspe.hhs.gov/poverty/ After locating the appropriate region or of Table 4. Move left or right across that 09fedreg.pdf) to find the higher metropolitan statistical area, find the row to the size that corresponds to the seventy percent LLSIL amount for that individual’s family unit. That figure is eligibility standard. Individuals from location. The seventy percent LLSIL the maximum household income the Alaska and Hawaii should consult the figures are listed in the last column to individual is permitted in order to HHS guidelines for the generally higher the right on each of the three tables. qualify as economically disadvantaged poverty levels that apply in their states. These figures apply to a family of four. under WIA.

Family of one Family of two Family of three Family of four Family of five Family of six

$7,505 ...... $12,296 $16,876 $20,831 $24,585 $28,751 7,762 ...... 12,722 17,470 21,559 25,444 29,754 7,815 ...... 12,802 17,571 21,690 25,597 29,935 7,901 ...... 12,947 17,771 21,933 25,887 30,272 8,024 ...... 13,144 18,044 22,272 26,288 30,742 8,049 ...... 13,187 18,101 22,342 26,367 30,832 8,056 ...... 13,199 18,123 22,370 26,398 30,870 8,104 ...... 13,278 18,225 22,500 26,556 31,058 8,184 ...... 13,416 18,421 22,735 26,831 31,379 8,366 ...... 13,714 18,824 23,239 27,422 32,075 8,418 ...... 13,798 18,943 23,384 27,596 32,272 8,467 ...... 13,874 19,048 23,510 27,747 32,449 8,508 ...... 13,945 19,144 23,627 27,884 32,608 8,707 ...... 14,272 19,588 24,179 28,536 33,369 8,807 ...... 14,439 19,815 24,463 28,871 33,766 8,853 ...... 14,509 19,921 24,588 29,019 33,939 8,901 ...... 14,587 20,025 24,715 29,166 34,110 9,096 ...... 14,909 20,467 25,260 29,812 34,859 9,157 ...... 15,002 20,595 25,422 30,004 35,085 9,240 ...... 15,142 20,790 25,665 30,285 35,422 9,505 ...... 15,578 21,379 26,392 31,148 36,424 9,784 ...... 16,034 22,013 27,175 32,068 37,507 9,809 ...... 16,073 22,060 27,233 32,138 37,587 10,133 ...... 16,609 22,797 28,144 33,210 38,845 10,142 ...... 16,613 22,809 28,155 33,226 38,856 10,181 ...... 16,683 22,901 28,265 33,359 39,011 10,340 ...... 16,945 23,258 28,709 33,884 39,626 10,372 ...... 16,997 23,339 28,805 33,995 39,752 10,798 ...... 17,689 24,287 29,979 35,379 41,377 11,111 ...... 18,203 24,992 30,851 36,406 42,575 11,157 ...... 18,277 25,094 30,975 36,554 42,753 11,435 ...... 18,739 25,720 31,749 37,471 43,815 11,861 ...... 19,437 26,681 32,936 38,866 45,453 12,007 ...... 19,670 27,007 33,335 39,339 4,6010 12,270 ...... 20,102 27,596 34,069 40,203 47,022

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Appendix E area or region from Table 1, 2 or 3. Then four in the column below. Move left or Table 5—Updated 2009 LLSIL (100%), locate the appropriate region or right across that row to the size that By Family Size metropolitan statistical area and then corresponds to the individual’s family find the 2009 Adjusted LLSIL amount unit. That figure is the minimum figure To use the LLSIL to determine the for that location. These figures apply to States must set for determining whether minimum level for establishing self- a family of four. Locate the employment leads to self-sufficiency sufficiency criteria at the State or local corresponding number in the family of under WIA programs. level, begin by locating the metropolitan

Family of one Family of two Family of three Family of four Family of five Family of six

$10,722 ...... $17,566 $24,109 $29,759 $35,121 $41,073 11,089 ...... 18,174 24,957 30,799 36,348 42,505 11,164 ...... 18,289 25,101 30,986 36,567 42,764 11,287 ...... 18,496 25,387 31,333 36,982 43,246 11,463 ...... 18,777 25,777 31,817 37,554 43,917 11,499 ...... 18,838 25,858 31,917 37,667 44,046 11,509 ...... 18,855 25,890 31,957 37,712 44,100 11,577 ...... 18,969 26,036 32,143 37,937 44,369 11,692 ...... 19,166 26,316 32,479 38,330 44,827 11,952 ...... 19,592 26,891 33,198 39,174 45,822 12,026 ...... 19,712 27,062 33,405 39,423 46,103 12,095 ...... 19,820 27,211 33,585 39,638 46,355 12,154 ...... 19,922 27,348 33,753 39,834 46,583 12,438 ...... 20,389 27,983 34,542 40,766 47,670 12,582 ...... 20,627 28,307 34,947 41,244 48,237 12,647 ...... 20,727 28,458 35,126 41,455 48,484 12,716 ...... 20,838 28,607 35,307 41,665 48,729 12,994 ...... 21,299 29,239 36,086 42,589 49,799 13,081 ...... 21,432 29,421 36,317 42,863 50,121 13,200 ...... 21,632 29,700 36,664 43,264 50,603 13,578 ...... 22,254 30,542 37,703 44,497 52,034 13,977 ...... 22,905 31,447 38,822 45,811 53,582 14,013 ...... 22,961 31,514 38,904 45,911 53,696 14,476 ...... 23,727 32,567 40,205 47,443 55,493 14,489 ...... 23,733 32,584 40,221 47,466 55,508 14,544 ...... 23,833 32,715 40,379 47,656 55,730 14,771 ...... 24,207 33,226 41,013 48,405 56,609 14,817 ...... 24,282 33,341 41,150 48,564 56,789 15,426 ...... 25,270 34,696 42,827 50,541 59,110 15,873 ...... 26,004 35,703 44,073 52,009 60,821 15,938 ...... 26,110 35,849 44,250 52,220 61,075 16,336 ...... 26,770 36,743 45,356 53,530 62,593 16,944 ...... 27,767 38,115 47,051 55,523 64,933 17,153 ...... 28,100 38,581 47,622 56,199 65,728 17,528 ...... 28,717 39,423 48,670 57,433 67,174

[FR Doc. E9–6618 Filed 3–25–09; 8:45 am] requirement contained in the Provision Docket No. OSHA–2009–0006, U.S. BILLING CODE on Reports of Injuries to Employees Department of Labor, Occupational Operating Mechanical Power Presses (29 Safety and Health Administration, CFR 1910.217(g)). Room N–2625, 200 Constitution DEPARTMENT OF LABOR DATES: Comments must be submitted Avenue, NW., Washington, DC 20210. (postmarked, sent, or received) by May Deliveries (hand, express mail, Occupational Safety and Health 26, 2009. messenger, and courier service) are Administration ADDRESSES: accepted during the Department of Electronically: You may submit Labor’s and Docket Office’s normal [Docket No. OSHA–2009–0006] comments and attachments business hours, 8:15 a.m. to 4:45 p.m., Reports of Injuries to Employees electronically at http:// e.t. Operating Mechanical Power Presses; www.regulations.gov, which is the Instructions: All submissions must Extension of the Office of Management Federal eRulemaking Portal. Follow the include the Agency name and OSHA and Budget’s (OMB) Approval of an instructions online for submitting docket number for the ICR (OSHA– Information Collection (Paperwork) comments. 2009–0006). All comments, including Requirement Facsimile: If your comments, any personal information you provide, including attachments, are not longer are placed in the public docket without AGENCY: Occupational Safety and Health than 10 pages, you may fax them to the change, and may be made available Administration (OSHA), Labor. OSHA Docket Office at (202) 693–1648. online at http://www.regulations.gov. ACTION: Request for public comment. Mail, hand delivery, express mail, For further information on submitting messenger, or courier service: When comments see the ‘‘Public SUMMARY: OSHA solicits comments using this method, you must submit Participation’’ heading in the section of concerning its proposal to extend OMB three copies of your comments and this notice titled SUPPLEMENTARY approval of the information collection attachments to the OSHA Docket Office, INFORMATION.

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Docket: To read or download when the injury occurred, number of Federal Government; State, Local, or comments or other material in the operators required for the operation and Tribal Government. docket, go to http://www.regulations.gov the number of operators provided with Number of Respondents: 38. or the OSHA Docket Office at the controls and safeguards, cause of the Frequency of Response: On occasion. address above. All documents in the accident, type of clutch, safeguard(s), Average Time per Response: Varies docket (including this Federal Register and feeding method(s) used, and means from five minutes (.08 hour) for a notice) are listed in the http:// used to actuate the press stroke. OSHA’s secretary to prepare the report to send www.regulations.gov index; however, Directorate of Safety Standards to OSHA to 15 minutes (.25 hour) for a some information (e.g., copyrighted Programs (currently, the Directorate of supervisor to obtain the information and material) is not publicly available to Standards and Guidance), or the State prepare the written report. read or download through the Web site. agency administering a plan approved Estimated Total Burden Hours: 13. All submissions, including copyrighted by the Assistant Secretary of Labor for Estimated Cost (Operation and material, are available for inspection Occupational Safety and Health, collects Maintenance): $0. and copying at the OSHA Docket Office. the information. These reports are a IV. Public Participation—Submission of You may also contact Theda Kenney at source of up-to-date information on Comments on This Notice and Internet the address below to obtain a copy of power press machines. Particularly, this Access to Comments and Submissions the ICR. information identifies the equipment You may submit comments in FOR FURTHER INFORMATION CONTACT: used and conditions associated with response to this document as follows: Theda Kenney or Todd Owen, these injuries. (1) Electronically at http:// Directorate of Standards and Guidance, II. Special Issues for Comment www.regulations.gov, which is the OSHA, U.S. Department of Labor, Room Federal eRulemaking Portal; (2) by N–3609, 200 Constitution Avenue, NW., OSHA has a particular interest in facsimile (FAX); or (3) by hard copy. All Washington, DC 20210; telephone (202) comments on the following issues: • comments, attachments, and other 693–2222. Whether the proposed information material must identify the Agency name SUPPLEMENTARY INFORMATION: collection requirements are necessary and the OSHA docket number for the for the proper performance of the ICR (Docket No. OSHA–2009–0006). I. Background Agency’s functions, including whether You may supplement electronic The Department of Labor, as part of its the information is useful; • submissions by uploading document continuing effort to reduce paperwork The accuracy of OSHA’s estimate of files electronically. If you wish to mail and respondent (i.e., employer) burden, the burden (time and costs) of the additional materials in reference to an conducts a preclearance consultation information collection requirements, electronic or facsimile submission, you program to provide the public with an including the validity of the must submit them to the OSHA Docket opportunity to comment on proposed methodology and assumptions used; Office (see the section of this notice • and continuing information collection The quality, utility, and clarity of titled ADDRESSES). The additional requirements in accordance with the the information collected; and materials must clearly identify your • Paperwork Reduction Act of 1995 (44 Ways to minimize the burden on electronic comments by your name, U.S.C. 3506(c)(2)(A)). This program employers who must comply; for date, and the docket number so the ensures that information is in the example, by using automated or other Agency can attach them to your desired format, reporting burden (time technological information collection comments. and costs) is minimal, collection and transmission techniques. Because of security procedures, the instruments are clearly understood, and III. Proposed Actions use of regular mail may cause a OSHA’s estimate of the information significant delay in the receipt of collection burden is accurate. The OSHA is requesting that OMB extend comments. For information about Occupational Safety and Health Act of its approval of the information security procedures concerning the 1970 (the OSH Act) (29 U.S.C. 651 et collection requirements contained in the delivery of materials by hand, express seq.) authorizes information collection Standard on Reports of Injuries to delivery, messenger, or courier service, by employers as necessary or Employees Operating Mechanical Power please contact the OSHA Docket Office appropriate for enforcement of the Act Presses (29 CFR 1910.217(g)). OSHA is at (202) 693–2350 (TTY (877) 889– or for developing information regarding proposing to decrease the existing 5627). the causes and prevention of burden hour estimate for the collection Comments and submissions are occupational injuries, illnesses, and of information requirement specified by posted without change at http:// accidents (29 U.S.C. 657). The OSH Act the Provision from 16 hours to 13 hours, www.regulations.gov. Therefore, OSHA also requires that OSHA obtain such for a total decrease of 3 hours. This cautions commenters about submitting information with minimum burden adjustment is a result of a decline in the personal information such as social upon employers, especially those number of reports received by OSHA security numbers and date of birth. operating small businesses, and to annually. Although all submissions are listed in reduce to the maximum extent feasible The Agency will summarize the the http://www.regulations.gov index, unnecessary duplication of efforts in comments submitted in response to this some information (e.g., copyrighted obtaining information (29 U.S.C. 657). notice and will include this summary in material) is not publicly available to In the event an employee is injured the request to OMB. read or download through this Web site. while operating a mechanical power Type of Review: Extension of a All submissions, including copyrighted press, 29 CFR 1910.217(g) requires the currently approved collection. material, are available for inspection employer to provide information to Title: Report of Injuries to Employees and copying at the OSHA Docket Office. OSHA regarding the accident within 30 Operating Mechanical Power Presses (29 Information on using the http:// days of the accident. This information CFR 1910.217(g)). www.regulations.gov Web site to submit includes the employer’s and employee’s OMB Number: 1218–0070. comments and access the docket is names, workplace address and location, Affected Public: Business or other for- available at the Web site’s ‘‘User Tips’’ injury sustained, task being performed profits; Not-for-profit organizations; link. Contact the OSHA Docket Office

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for information about materials not public meeting will be held Monday, Background available through the Web site, and for May 18, 2009, from 9:30 a.m. to 5:30 The United States is a Member State assistance in using the Internet to locate p.m. of the World Intellectual Property docket submissions. ADDRESSES: Organization (WIPO) and an active V. Authority and Signature member of the Standing Committee on Notice of Inquiry and Request for Copyright and Related Rights (SCCR). At Donald G. Shalhoub, Deputy Assistant recent meetings of the SCCR, WIPO Secretary of Labor for Occupational Comments facilitated discussions on the topic of Safety and Health, directed the If hand-delivered by a private party, copyright limitations and exceptions, preparation of this notice. The authority an original and five copies of a comment including limitations and exceptions for for this notice is the Paperwork or a reply comment should be brought ‘‘blind, visually impaired and other Reduction Act of 1995 (44 U.S.C. 3506 to the Library of Congress, U.S. reading-disabled persons.’’ 2 At its next et seq.) and Secretary of Labor’s Order Copyright Office, Public Information meeting (May 25–29, 2009), the SCCR No. 5–2007 (72 FR 31160). Office, Room LM–401, 101 will continue to consider this topic, Signed at Washington, DC, on March 23, Independence Avenue, SE., among others, and will exchange 2009. Washington, DC 20559, between 8:30 information and experiences in order to Donald G. Shalhoub, a.m. and 5 p.m. The envelope should be deepen its collective understanding of Deputy Assistant Secretary of Labor for addressed as follows: Office of Policy the issues. As part of the process, the Occupational Safety and Health. and International Affairs, U.S. Copyright SCCR is looking to the copyright [FR Doc. E9–6733 Filed 3–25–09; 8:45 am] Office. If delivered by a commercial limitations and exceptions that are BILLING CODE 4510–26–P courier, an original and five copies of a currently available for the benefit of the comment or reply comment must be blind, visually impaired and other delivered to the Congressional Courier reading-disabled persons around the LIBRARY OF CONGRESS Acceptance Site (CCAS) located at 2nd world, and has invited Member States to and D Streets, NE., Washington, DC, provide supplementary information Copyright Office between 8:30 a.m. and 4 p.m. The regarding their national laws and envelope should be addressed as experiences. Notice of Inquiry and Request for follows: Office of Policy and In preparation for the meeting, the Comments on the Topic of Facilitating International Affairs, U.S. Copyright Copyright Office and the USPTO have Access to Copyrighted Works for the Office, Room LM–403, James Madison been gathering relevant information. To Blind or Persons With Other Building, 101 Independence Avenue, date, the Copyright Office and USPTO Disabilities; Notice of Public Meeting SE., Washington, DC 20559. Please note have participated in a series of informal AGENCY: United States Copyright Office, that CCAS will not accept delivery by meetings and conference calls Library of Congress. means of overnight delivery services (primarily with stakeholders from the ACTION: Notice of inquiry and request for such as Fedex, United Parcel Service, or blind community, but also with comments; notice of public meeting. DHL. If sent by mail (including representatives of the library, book overnight delivery using U.S. Postal publishing, software, motion picture, SUMMARY: The United States Copyright Service Express Mail), an original and and nonprofit sectors) in which Office (Copyright Office) and the United five copies of a comment or reply multiple specific issues have been States Patent and Trademark Office comment should be addressed to U.S. identified and a number of common (USPTO) seek comment on the topic of Copyright Office, Office of Policy and points have emerged. facilitating access to copyrighted works International Affairs, Copyright GC/I & On the basis of these preliminary for ‘‘blind or persons with other R, P.O. Box 70400, Washington, DC discussions, the Copyright Office and 1 disabilities’’ in connection with a 20024. the USPTO understand that blind and forthcoming meeting of the Standing other persons with disabilities in the Committee on Copyright and Related Public Meeting United States navigate many complex Rights of the World Intellectual Property challenges when it comes to accessing The public meeting will be held in the Organization. Interested parties are copyrighted works. Common refrains Montpelier Room of the Library of invited to submit comments on the include delays in obtaining accessible topics outlined in the supplementary Congress, James Madison Building, 6th texts (with timeliness of accessible information section of this notice. The Floor, 101 Independence Avenue, SE., materials a particular problem for Copyright Office and USPTO also Washington, DC 20559. The process for students at all levels), compatibility announce a public meeting on the same submitting requests to attend and problems between available formats and topic. observe or participate in the meeting, as the hardware devices employed by the DATES: Initial comments on the Notice well as the agenda, will be published on reader, and inconsistencies in the of Inquiry and Request for Comments the Web site of the U.S. Copyright Office quality and accuracy of the available, are due on April 21, 2009. Reply no later than April 8, 2009. reformatted works. At the international comments are due on May 4, 2009. The FOR FURTHER INFORMATION CONTACT: level, the Copyright Office and the Maria Pallante, Associate Register, USPTO were made aware of the existing 1 Various terms are used formally and informally Policy and International Affairs, or framework through which accessible throughout the world. When inquiring about works move across borders (i.e. through experiences within the United States, the term used Michele Woods, Senior Counsel for in this Notice of Inquiry is that which appears in Policy and International Affairs, by private agreement and interlibrary U.S. copyright law. See 17 U.S.C. 121(d)(2). There, telephone at 202–707–1027, by the term ‘‘blind or persons with other disabilities’’ facsimile at 202–707–8366 or by 2 This term appears in some relevant WIPO is defined to include individuals who are eligible documents. See e.g. ‘‘Conclusions of the SCCR,’’ or who may qualify in accordance with the Act electronic mail at [email protected] or November 5–7, 2008, at http://www.wipo.int/edocs/ entitled ‘‘An Act to provide books for the adult [email protected]. mdocs/copyright/en/sccr_17/ blind,’’ approved March 3, 1931 (2 U.S.C. 135a; 46 sccr_17_www_112533.pdf (last visited on March 20, Stat. 1487). SUPPLEMENTARY INFORMATION: 2009).

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programs), as well as some of the and situations if they are illustrative of in terms of achieving accessible difficulties the framework presents. a problem or success. content? Do best practices exist? Turning to the nonprofit sector, what Possible Actions A. Experiences of Persons Within the are the activities, business models, or United States With Respect To technology platforms that have emerged Through discussions with Accessing U.S. Works or Sharing and what has been the result to date? stakeholders and previous meetings of Accessible Copies Within the United What if any are the additional projects the SCCR, the Copyright Office and States USPTO are aware of some measures that under consideration? might be appropriate for action at the In general, the Copyright Office and 3. Library Programs: Libraries play an national or international levels (through the USPTO seek to learn more about the important role in providing access to Member States, WIPO or other experiences of the blind or persons with copyrighted works for the blind or mechanisms). Such possible actions other disabilities with respect to persons with other disabilities. The include the following: (1) Developing accessing and sharing U.S. copyrighted Library of Congress, through its National standardized accessibility formats and works within the United States. Please Library Service for the Blind and other technical norms; (2) establishing reference any specific policies, practices Physically Handicapped, provides trusted intermediaries to coordinate and projects that exist or are emerging Braille and audio materials (e.g., talking resources, eliminate unnecessary in the education, library and business books) to eligible borrowers through duplication of accessible works, and sectors while considering the questions cooperating libraries in the United ensure best practices; (3) providing set forth below. States. NLS also provides interlibrary 1. Applicable Statutory or Regulatory technical assistance, coordination, and loan services to citizens of other Provisions: The United States has educational outreach; (4) promoting countries through qualified libraries or relevant existing limitations on market-based solutions achieved other institutions in those countries. exclusive rights in the Copyright Act. through private sector copyright Private organizations, such as Section 121 (the so-called ‘‘Chafee licenses or other agreements; and (5) Bookshare, provide access to digital Amendment’’) authorizes the developing binding or non-binding materials through an online searchable reproduction of copyrighted works for international instruments, including a library. What other sorts of libraries or blind or other persons with disabilities library services currently facilitate treaty that would establish minimum under certain circumstances. Section requirements for limitations and access to copyrighted works? What 121(a) contains general language physical and digital delivery methods exceptions for blind, visually impaired providing that it is not copyright and other reading-disabled persons. The are being used? What initiatives have infringement ‘‘for an authorized entity libraries taken to develop new services Copyright Office and the USPTO are to reproduce or to distribute copies or interested in learning how these areas of and to respond to evolving needs and phonorecords of a previously published, technologies? What coordination exists focus might address existing difficulties nondramatic literary work if such copies with access to copyright works, whether among national and international library or phonorecords are produced or services? applied alone or in combination with distributed in specialized formats 4. Standardized Formats, Programs each other. Suggestions as to measures exclusively for use by blind or other and Devices: In recent years, not covered above are also welcome. persons with disabilities.’’ Section entrepreneurs and other representatives Please note that WIPO posts various 121(c) provides a specific limitation of the blind or persons with other documents from its meetings on its Web applicable to publishers of ‘‘print disabilities have made significant site, including reports and agendas instructional materials for use in progress in efforts to upgrade and related to the consideration of copyright elementary or secondary schools’’ so standardize the technical formats, limitations and exceptions. Documents that they may create and distribute programs and devices that allow access from SCCR meetings that included electronic files consistent with the to books and other text. These include consideration of this issue can be found Individuals with Disabilities Education the talking-book format of DAISY by starting at http://www.wipo.int/ Act (IDEA). 17 U.S.C. 21(c). Those (Digital Accessible Information System) _ meetings/en/topic.jsp?group id=62 and electronic files must use the National that is compatible with screen readers, following the link to information for Instructional Material Accessibility as well as stationary and portable each specific meeting. A study on Standard (NIMAS). Id. How have the DAISY players that feature synthetic- copyright limitations and exceptions for Chafee Amendment and related voices, and various versions of scan- the visually impaired can be found at statutory and regulatory provisions and-read software. Paper-based Braille http://www.wipo.int/meetings/en/ worked in practice? has evolved into digital formats that doc_details.jsp?doc_id=75696. 2. Private Sector Initiatives: The offer refreshable displays and nonlinear Copyright Office and the USPTO are Subjects of Inquiry search capabilities when used with aware that book publishers have been applicable devices. Are there additional At this time, in order to allow further involved in the development and innovations in use or under opportunity for interested persons to implementation of Section 121 and development today and, if so, what is provide their views, the Copyright other laws applicable to disabilities and their focus? What are the impediments, Office and the USPTO are seeking education. What are additional ways in and possible solutions, for improving comment on several focused topics which the private sector facilitates, or existing standardized formats, programs related to the provision of access to plans to facilitate, access to copyrighted and devices, developing new ones, and/ copyrighted works for blind and other works? Please identify and describe in or facilitating their interoperability? persons with disabilities. Unless detail any existing business models, 5. Resources: To what degree is a lack otherwise specified, the focus of the licensing schemes, or technological of sufficient resources a factor in inquiry is the experiences of interested innovations that are relevant, not only providing access to the blind or persons parties residing or doing business in the for books but for other copyrighted with other disabilities? What United States. Nevertheless, parties works, e.g., magazines, newspapers, governmental, private sector, nonprofit, should not feel constrained from motion pictures, and software. To date, or philanthropic resources exist? What describing transnational experiences what has been the result of these efforts types of resources are most needed?

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What approaches to expanding available Phillips v. A&S Construction Co., ADDRESSES: Written comments resources are most promising? What Docket No. WEST 2008–1057–DM. regarding the information collection and objectives could be met and in what (Issues include whether, under section requests for copies of the proposed time frame if additional resources were 105(c)(2) of the Mine Act, an order of information collection request should be available? temporary reinstatement remains in addressed to Suzanne Plimpton, Reports effect after the Secretary of Labor has Clearance Officer, National Science B. Experiences of Persons Within the determined, following her investigation, Foundation, 4201 Wilson Boulevard, United States With Respect To that no unlawful discrimination has Room 295, Arlington, VA 22230, or by Accessing Foreign Works or Sharing occurred.) e-mail to [email protected]. Accessible Copies of U.S. Works With Any person attending this meeting Foreign Persons FOR FURTHER INFORMATION CONTACT: who requires special accessibility Suzanne Plimpton on (703) 292–7556 or Please comment on the experiences of features and/or auxiliary aids, such as send e-mail to [email protected]. the blind or persons with other sign language interpreters, must inform Individuals who use a disabilities with respect to accessing the Commission in advance of those telecommunications device for the deaf foreign works within the United States, needs. Subject to 29 CFR 2706.150(a)(3) (TDD) may call the Federal Information or sharing accessible copies of U.S. and § 2706.160(d). Relay Service (FIRS) at 1–800–877–8339 works with similarly-situated persons CONTACT PERSON FOR MORE INFO: Jean between 8 a.m. and 8 p.m., Eastern time, outside the United States. What kinds of Ellen (202) 434–9950/(202) 708–9300 Monday through Friday. specific policies, practices and projects for TDD Relay/1–800–877–8339 for toll SUPPLEMENTARY INFORMATION: exist or are emerging in the education, free. library and business sectors? How do Title of Collection: DUE Project Data existing laws create incentives or [FR Doc. E9–6843 Filed 3–24–09; 11:15 am] Form. constrain efforts? Please describe the BILLING CODE OMB Control No.: 3145–0201. ways in which technology has Expiration Date of Approval: August influenced or could assist in providing 31, 2009. NATIONAL SCIENCE FOUNDATION access to foreign works or the sharing of Abstract: The Division of accessible copies. What are the legal or Agency Information Collection Undergraduate Education (DUE) Project practical impediments to transnational Data Form is a component of all grant access and how are they interrelated? Activities: Proposed Collection, Comment Request proposals submitted to NSF’s Division C. Other Comments on Facilitating and of Undergraduate Education. This form Enhancing Access to Copyrighted Works AGENCY: National Science Foundation. collects information needed to direct Please comment on the likely success ACTION: Notice. proposals to appropriate reviewers and of measures identified above under the to report the estimated collective impact SUMMARY: The National Science subsection entitled ‘‘Possible Actions’’ of proposed projects on institutions, Foundation (NSF) is announcing plans students, and faculty members. under SUPPLEMENTARY INFORMATION. to request clearance for this collection. How might the measures best be Requested information includes the In accordance with the requirement of discipline of the proposed project, leveraged, alone or in combination, to Section 3506(c)(2)(A) of the Paperwork enhance access for the blind or other collaborating organizations involved in Reduction Act of 1995, we are providing the project, the academic level on which persons with disabilities? Are there opportunity for public comment on this additional governmental or private the project focuses (e.g., lower-level action. After obtaining and considering undergraduate courses, upper-level sector actions that might serve the public comment, NSF will prepare the objective of enhancing access to undergraduate courses), characteristics submission requesting OMB clearance of the organization submitting the copyrighted works for the blind or of this collection for no longer than persons with other disabilities? proposal, special audiences (if any) that three years. the project would target (e.g., women, Dated: March 20, 2009. Comments are invited on (a) whether minorities, persons with disabilities), Maria Pallante, the proposed collection of information strategic foci (if any) of the project (e.g., Associate Register for Policy & International is necessary for the proper performance research on teaching and learning, Affairs, U.S. Copyright Office. of the functions of the Agency, international activities, integration of [FR Doc. E9–6637 Filed 3–25–09; 8:45 am] including whether the information shall research and education), and the BILLING CODE 1410–30–P have practical utility; (b) the accuracy of number of students and faculty at the Agency’s estimate of the burden of different educational levels who would the proposed collection of information; benefit from the project. FEDERAL MINE SAFETY AND HEALTH (c) ways to enhance the quality, utility, Respondents: Investigators who REVIEW COMMISSION and clarity of the information on submit proposals to NSF’s Division of respondents, including through the use Undergraduate Education. Meeting; Sunshine Act of automated collection techniques or Estimated Number of Annual other forms of information technology; Respondents: 2,500. March 20, 2009. and (d) ways to minimize the burden of TIME AND DATE: 10 a.m., Thursday, the collection of information on Burden on the Public: 20 minutes (per March 26, 2009. respondents, including through the use response) for an annual total of 833 PLACE: The Richard V. Backley Hearing of automated collection techniques or hours. Room, 9th Floor, 601 New Jersey other forms of information technology. Dated: March 23, 2009. Avenue, NW., Washington, DC. DATES: Written comments should be Suzanne H. Plimpton, STATUS: Open. received by May 26, 2009, to be assured Reports Clearance Officer, National Science MATTERS TO BE CONSIDERED: The of consideration. Comments received Foundation. Commission will consider and act upon after that date will be considered to the [FR Doc. E9–6746 Filed 3–25–09; 8:45 am] the following in open session: Peter J. extent practicable. BILLING CODE 7555–01–P

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NATIONAL SCIENCE FOUNDATION Further Information About the GPC Presenters will be available for a Webcast: Questions on the Webcast question and answer period after the U.S. Chief Financial Officer Council; should be directed to Charisse Carney- presentations. Grants Policy Committee Nunes, National Science Foundation, A key purpose of the Webcast meeting 4201 Wilson Boulevard, Arlington, VA ACTION: is to share information with Notice of open stakeholder 22230; e-mail, [email protected]. stakeholders on decisions and Webcast meeting and publication of Information and materials that pertain requirements related to the Recovery draft Implementation Plan. to this Webcast meeting, including the call-in telephone number and the Act and to provide agencies with best SUMMARY: This notice announces an practices for implementation of the FFR open stakeholder Webcast meeting agenda will be posted on the Grants and PPR. Generally, the purpose of the sponsored by the Grants Policy Policy Committee’s Web site at http:// Webcast is to receive input from Committee (GPC) of the U.S. Chief www.GPC.gov on the ‘‘Webcasts and Financial Officers (CFO) Council. Outreach’’ page. The link to view the stakeholders to inform government efforts as they relate to streamlining and DATES: The GPC will hold a Webcast Webcast will be posted on this site, stewardship of Federal policy and meeting on Tuesday, April 21, 2009 along with Webcast instructions. After from 2–3:30 p.m., Eastern Time. The the meeting, a link to its recording will practice relating to grants, cooperative Webcast will be broadcast live. Relevant be posted on http://www.GPC.gov for at agreements, and Federal financial meeting materials will be posted on least 90 days. assistance. http://www.GPC.gov in advance of the Comment Submission Information: Meeting structure and agenda: The meeting. You may submit webcast related April 21st Webcast meeting will have questions in advance of the webcast to ADDRESSES: The GPC April 21st Webcast the following structure and agenda: [email protected]. You may also meeting will be broadcast from and held submit comments during the Webcast (1) GPC Update; in Room B–180 of the U.S. Department meeting via telephone or e-mail. The (2) Grant Community Information of Housing and Urban Development call-in telephone number, which may be Collection and Dissemination and the (HUD), 451 7th Street SW., Washington, used only DURING the live Webcast, is DC 20410. Seating is limited—the first Recovery Act; 202–708–0995. The e-mail address for 50 people to respond, and receive (3) Overview of how Research.gov is comments, which should be used only confirmation of the response, can be implementing new government-wide DURING the Webcast is part of the live audience. Both federal post-award reporting standards [email protected]. After the Webcast, and non-federal employees must including the Federal Financial Report you may submit comments via e-mail R.S.V.P. to reserve a seat by contacting (FFR) and the Research Performance through the close of business on Friday, Charisse Carney-Nunes at Progress Report (RPPR); and [email protected]. All who have May 1, 2009. The e-mail address for (4) Participants’ discussion, questions reserved seating must arrive at the HUD comments before and after the Webcast and comments. building fifteen minutes prior to is [email protected]. broadcast (arrive on the North side of SUPPLEMENTARY INFORMATION: This Background: The GPC is a committee the building). You must have a Webcast meeting has been made of the U.S. Chief Financial Officers government-issued photo ID to gain possible by the cooperation of the (CFO) Council. The Office of access and will have to go through National Science Foundation, HUD, and Management and Budget (OMB) security screening. The GPC encourages the GPC. sponsors the GPC; its membership non-Federal organizations staffs and Webcast Materials: Webcast materials consists of grants policy subject matter members to attend the meeting in including the agenda, Webcast meeting experts from across the Federal person or via Webcast. slides, and feedback form are posted at Government. The GPC is charged with Overview: This Webcast will serve http://www.GPC.gov on the Webcasts improving the management of federal several purposes: (1) To update the and Outreach page. financial assistance government-wide. public on the latest news of the GPC; (2) Purpose of the Webcast meeting: The To carry out that role, the committee to discuss topics related to electronic purpose of the Webcast meeting is recommends financial assistance data in the grants community and threefold: (1) To update the public on policies and practices to OMB and OMB’s latest implementation guidelines the latest news of the GPC; (2) to discuss regarding the American Recovery and topics related to electronic data in the coordinates related interagency Reinvestment Act 2009 (Recovery Act); grants community and OMB’s latest activities. The GPC serves the public and (3) to provide an overview of how implementation guidelines regarding interest in collaboration with other Research.gov is implementing new the American Recovery and Federal Government-wide grants government-wide post-award reporting Reinvestment Act 2009 (Recovery Act); initiatives. standards including the Federal and (3) to provide an overview of how Dated: March 23, 2009. Financial Report (FFR) and the Research Research.gov is implementing new Thomas N. Cooley, Performance Progress Report (RPPR). government-wide post-award reporting Director, Office of Budget, Finance and Award Research.gov is the federal grants standards including the Federal Management of the National Science management consortium lead for Financial Report (FFR) and the Research Foundation and Chair of the Grants Policy research grants management, offering Performance Progress Report (RPPR). Committee of the U.S. CFO Council. research information and a menu of Research.gov is the federal grants Submitted for the National Science grants management services for multiple management consortium lead for Foundation on March 23, 2009. federal research agencies in one place research grants management, offering and providing transparency into federal research information and a menu of Suzanne H. Plimpton, research spending and results. Webcast grants management services for multiple Reports Clearance Officer, National Science presenters will be available for a Federal research agencies in one place Foundation. question and answer period after the and providing transparency into Federal [FR Doc. E9–6743 Filed 3–25–09; 8:45 am] presentations. research spending and results. BILLING CODE 7555–01–P

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NUCLEAR REGULATORY Documents created or received after The NRC staff also requests public COMMISSION November 1, 1999, are available comment on a proposed revision to RIS electronically at the NRC’s Public 2007–16. The NRC staff identified the [NRC–2008–0500] Electronic Reading Room on the Internet need to revise this RIS to be consistent at http://www.nrc.gov/reading-rm/ with the revision to the LR–ISG process. Proposed Revisions to the License adams.html. From this site, the public This revised RIS, once approved, will Renewal Interim Staff Guidance can gain entry into ADAMS. If you do supersede the original version entitled, Process and Regulatory Issue not have access to the Internet or if there ‘‘Implementation of the Requirements of Summary 2007–16; Request for Public are any problems in accessing the 10 CFR 54.37(b) for Holders of Renewed Comment documents located in ADAMS, contact Licenses,’’ issued August 23, 2007 the NRC Public Document Room (ML071080338). AGENCY: Nuclear Regulatory reference staff at 1–800–397–4209, 301– The NRC staff is issuing this notice to Commission (NRC). 415–4737, or by e-mail at solicit public comments on draft LR– ACTION: Request for public comment. [email protected]. ISG–2007–01. After the NRC staff FOR FURTHER INFORMATION CONTACT: Mr. considers any public comments, it will SUMMARY: The NRC requests public Matthew Homiack, Division of License make a determination regarding the comment on a proposed draft License draft LR–ISG. Renewal Interim Staff Guidance (LR– Renewal, Office of Nuclear Reactor ISG) Process, Revision 1. This draft Regulation, U.S. Nuclear Regulatory Dated at Rockville, Maryland, this 18th day incorporates changes to the existing LR– Commission, Washington, DC 20555– of March 2009. 0001; telephone 301–415–1683; or e- ISG process, dated December 12, 2003, For the Nuclear Regulatory Commission. mail [email protected]. and basic framework for developing and Brian E. Holian, implementing LR–ISGs. The NRC also SUPPLEMENTARY INFORMATION: The NRC Director, Division of License Renewal, Office requests public comment on a proposed posts its issued interim staff guidance of Nuclear Reactor Regulation. revision to NRC Regulatory Issue on the NRC public Web page at http:// [FR Doc. E9–6757 Filed 3–25–09; 8:45 am] www.nrc.gov/reading-rm/doc- Summary (RIS) 2007–16. This revision BILLING CODE 7590–01–P clarifies the role of the LR–ISG process collections/isg. The NRC staff requests for including ‘‘newly identified’’ public comment on draft LR–ISG–2007– systems, structures, and components in 01 entitled, ‘‘License Renewal Interim accordance with § 54.37(b) of Title 10, Staff Guidance Process, Revision 1’’ SECURITIES AND EXCHANGE Part 54, ‘‘Requirements for Renewal of (ADAMS Accession No. ML082180346). COMMISSION Operating Licenses for Nuclear Power Once approved, this LR–ISG will Proposed Collection; Comment Plants,’’ of the Code of Federal supersede the existing process entitled, Request Regulations (10 CFR 54.37(b)). The ‘‘Process for Interim Staff Guidance,’’ issued December 12, 2003 proposed revisions to the LR–ISG Upon Written Request, Copies Available (ML023520620). The NRC staff is process and RIS are available in the From: Securities and Exchange proposing revisions to this process in NRC’s Agencywide Documents Access Commission, Office of Investor order to address certain and Management System (ADAMS), Education and Advocacy, recommendations made in a report under Accession Nos. ML082180346 Washington, DC 20549–0213. and ML083500028, respectively. issued by the NRC’s Office of the Inspector General, OIG–07–A–15, Extension: DATES: Comments must be filed no later ‘‘Audit of the NRC’s License Renewal Rule 12d1–1; SEC File No. 270–526; OMB than April 27, 2009. Comments received Program,’’ dated September 6, 2007 Control No. 3235–0584. after this date will be considered, if it (ML072490486). The revision also Notice is hereby given that, pursuant is practical to do so, but the NRC staff extends the LR–ISG process to include to the Paperwork Reduction Act of 1995 is able to ensure consideration only for certain guidance documents associated (44 U.S.C. 3501 et seq.), the Securities comments received on or before this with environmental reviews for license and Exchange Commission (the date. renewal applications. These documents ‘‘Commission’’) is soliciting comments ADDRESSES: You may submit comments are NUREG–1555, ‘‘Environmental on the collection of information by any one of the following methods. Standard Review Plan,’’ Supplement 1, summarized below. The Commission Comments submitted in writing or in ‘‘Operating License Renewal,’’ dated plans to submit this existing collection electronic form will be made available March 2000 (ML003702019), and NRC of information to the Office of to the public in their entirety on the Regulatory Guide 4.2, Supplement 1, Management and Budget for extension Federal Government’s rulemaking Web ‘‘Preparation of Supplemental and approval. site http://www.regulations.gov. Environmental Reports for Applications Under current law, an investment Personal information, such as name, to Renew Nuclear Power Plant company (‘‘fund’’) is limited in the address, telephone, e-mail address, etc., Operating Licenses,’’ dated September amount of securities the fund will not be removed from your 2000 (ML003710495). The staff is also (‘‘acquiring fund’’) can acquire from submission. proposing to eliminate the previous another fund (‘‘acquired fund’’). In E-mail comments to: The Federal e- ‘‘clarification’’ and ‘‘compliance’’ LR– general under the Investment Company Rulemaking Portal at http:// ISG designations. As an alternative, the Act of 1940 (15 U.S.C. 80a) (the www.regulations.gov; search Docket ID staff will document the basis for ‘‘Investment Company Act’’ or ‘‘Act’’), a NRC–2008–0500. applicability of 10 CFR 54.37(b) or 10 registered fund (and companies it Mail comments to: Michael Lesar, CFR 50.109 in a proposed new controls) cannot: (i) Acquire more than Chief, Rulemaking and Directives backfitting discussion section of each three percent of another fund’s Branch, Mailstop TWB–05–B01M, LR–ISG. In addition, the draft LR–ISG securities; (ii) invest more than five Office of Administration, U.S. Nuclear process includes administrative percent of its own assets in another Regulatory Commission, Washington, changes, such as references to the NRC’s fund; or (iii) invest more than ten DC 20555–0001. organizational structure. percent of its own assets in other funds

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in the aggregate.1 In addition, a any additional investments in the unregistered money market funds in registered open-end fund, its principal money market fund.6 excess of the statutory limits under rule underwriter, and any registered broker The rule also permits a registered 12d1–1, and will invest in or dealer cannot sell that fund’s shares fund to rely on the exemption to invest approximately 6 new unregistered to another fund if, as a result: (i) The in an unregistered money market fund money market funds each year 9 Staff acquiring fund (and any companies it that limits its investments to those in estimates that each of these unregistered controls) owns more than three percent which a registered money market fund money market funds spends 1220 hours of the acquired fund’s stock; or (ii) all may invest under rule 2a–7 under the to perform the record of credit risk acquiring funds (and companies they Act (17 CFR 270.2a–7), and undertakes analysis and other determinations control) in the aggregate own more than to comply with all the other provisions annually, and each of the 6 unregistered ten percent of the acquired fund’s of rule 2a–7. In addition the acquiring money market funds in which an stock.2 Rule 12d1–1 under the Act (17 fund must reasonably believe that the acquiring fund invests in for the first CFR 270.12d1–1) provides an unregistered money market fund (i) time under the rule will spend 21 hours operates in compliance with rule 2a–7, exemption from these limitations for to implement the board procedures. (ii) complies with sections 17(a), (d), (e), ‘‘cash sweep’’ arrangements, in which a Finally, Commission staff estimates that 18, and 22(e) of the Act 7 as if it were fund invests all or a portion of its 15 unregistered money market funds a registered open-end fund, (iii) has each spend 4.5 hours to review and available cash in a money market fund adopted procedures designed to ensure amend procedures annually. The rather than directly in short-term that it complies with these statutory estimated total of annual responses instruments. An acquiring fund relying provisions, (iv) maintains the records under rule 12d1–1 is 10,713,10 and the on the exemption may not pay a sales required by rules 31a–1(b)(2)(ii), 31a– estimate of burden hours associated load, distribution fee, or service fee on 1(b)(2)(iv), and 31a–1(b)(9); 8 and (v) with these responses is 80,714 hours.11 acquired fund shares, or if it does, the preserves permanently, the first two Commission staff estimates that acquiring fund’s investment adviser years in an easily accessible place, all unregistered money market funds also must waive a sufficient amount of its books and records required to be made incur costs to preserve records, as advisory fee to offset the cost of the under these rules. required under rule 2a–7. These costs loads or distribution fees.3 The acquired Rule 2a–7 contains certain collection will vary significantly for individual fund may be a fund in the same fund of information requirements. An funds, depending on the amount of complex or in a different fund complex. unregistered money market fund that assets under fund management and In addition to providing an exemption complies with rule 2a–7 would be whether the fund preserves its records from section 12(d)(1) of the Act, the rule subject to these collection of in a storage facility in hard copy or has provides exemptions from section 17(a) information requirements. In addition, developed and maintains a computer and rule 17d–1, which restrict a fund’s the recordkeeping requirements under system to create and preserve ability to enter into transactions and rule 31a–1 with which the acquiring compliance records. In its rule 2a–7 joint arrangements with affiliated fund reasonably believes the Paperwork Reduction Act (‘‘PRA’’) persons.4 These provisions could unregistered money market fund submission, Commission staff estimated otherwise prohibit an acquiring fund complies are collections of information that the amount an individual money from investing in a money market fund for the unregistered money market fund. market fund may spend ranged from in the same fund complex,5 or prohibit By allowing funds to invest in registered $100 per year to $300,000. We have no a fund that acquires five percent or more and unregistered money market funds, reason to believe the range is different of the securities of a money market fund rule 12d1–1 is intended to provide for unregistered money market funds. in another fund complex from making funds greater options for cash The Commission does not have specific management. In order for a registered information on the amount of assets 1 See 15 U.S.C. 80a–12(d)(1)(A). If an acquiring fund to rely on the exemption to invest managed by unregistered money market fund is not registered, these limitations apply only in an unregistered money market fund, funds. Accordingly, Commission staff with respect to the acquiring fund’s acquisition of the unregistered money market fund estimates that an unregistered money registered funds. must comply with certain collection of market fund in which registered funds 2 See 15 U.S.C. 80a–12(d)(1)(B). information requirements for registered 3 invest in reliance on rule 12d1–1 have, See Rule 12d1–1(b)(1). money market funds. These 4 See 15 U.S.C. 80a–17(a), 15 U.S.C. 80a–17(d); 17 on average, $380 million in assets under CFR 270.17d–1. requirements are intended to ensure that management.12 Based on a cost of 5 An affiliated person of a fund includes any the unregistered money market fund has $0.0000005 per dollar of assets under person directly or indirectly controlling, controlled established procedures for collecting the management for medium-sized funds, by, or under common control with such other information necessary to make adequate person. See 15 U.S.C. 80a–2(a)(3)(C) (definition of credit reviews of securities in its 9 ‘‘affiliated person’’). Most funds today are organized This estimate is based on the number of by an investment adviser that advises or provides portfolio, as well as other recordkeeping applications filed with the Commission in 2005 administrative services to other funds in the same requirements that will assist the (40), increased by investment in 6 new funds each complex. Funds in a fund complex are generally year since 2005 (18), and rounded to the nearest acquiring fund in overseeing the tenth (60). This estimate may be understated under common control of an investment adviser or unregistered money market fund (and other person exercising a controlling influence over because applicants generally do not identify the the management or policies of the funds. See 15 Commission staff in its examination of name or number of unregistered money market U.S.C. 80a–2(a)(9). Not all advisers control funds the unregistered money market fund’s funds in which registered funds intend to invest, they advise. The determination of whether a fund adviser). and each application also applies to unregistered is under the control of its adviser, officers, or Commission staff estimates that money market funds to be organized in the future. directors depends on all the relevant facts and 10 This estimate is based on the following registered funds currently invest in 60 × × × circumstances. See Investment Company Mergers, calculation: (60 162) + (6 162) + (6 1) + (15 × Investment Company Act Release No. 25259 (Nov. 1) = 10,713. 8, 2001) [66 FR 57602 (Nov. 15, 2001)], at n.11. To 6 See 15 U.S.C. 80a–2(a)(3)(A), (B). 11 This estimate is based on the following the extent that an acquiring fund in a fund complex 7 See 15 U.S.C. 80a–17(a), 15 U.S.C. 80a–17(d), 15 calculation: (60 × 1220) + (6 × 1220) + (6 × 21) + is under common control with a money market U.S.C. 80a–17(e), 15 U.S.C. 80a–18, 15 U.S.C. 80a– (15 × 4.5) = 80,714. fund in the same complex, the funds would rely on 22(e). 12 This estimate is based on the average of assets the rule’s exemptions from section 17(a) and rule 8 See 17 CFR 270.31a–1(b)(2)(ii), 17 CFR 270.31a– under management of medium-sized registered 17d–1. 1(b)(2)(iv), 17 CFR 270.31a–1(b)(9). money market funds ($50 million to $999 million).

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the staff estimates compliance with rule SECURITIES AND EXCHANGE Filings With the Commission 2–7 costs each of these unregistered COMMISSION Upon the execution of a fidelity bond money market funds $11,400 or any amendment thereto, a fund must 13 Proposed Collection; Comment annually. Commission staff estimates file with the Commission within 10 Request that unregistered money market funds days a copy of the executed bond or any will not incur any capital costs to create Upon Written Request, Copies Available amendment to the bond, the computer programs for maintaining and From: Securities and Exchange independent directors’ resolution preserving compliance records for rule Commission, Office of Investor approving the bond, and a statement as 2a–7.14 Education and Advocacy, to the period for which premiums have The collections of information Washington, DC 20549–0213. been paid on the bond. In the case of a joint insured bond, a fund must also file required for unregistered money market Extension: (i) a statement showing the amount the funds by rule 12d1–1 are necessary in Rule 17g–1, SEC File No. 270–208, OMB Control No. 3235–0213. fund would have been required to order for acquiring funds to be able to maintain under the rule if it were Notice is hereby given that, pursuant obtain the benefits described above. insured under a single insured bond and to the Paperwork Reduction Act of 1995 Notices to the Commission will not be (ii) the agreement between the fund and (44 U.S.C. 3501–3520), the Securities kept confidential. An agency may not all other insured parties regarding and Exchange Commission (the conduct or sponsor, and a person is not recovery under the bond. A fund must ‘‘Commission’’) is soliciting comments required to respond to, a collection of also notify the Commission in writing on the collection of information information unless it displays a within five days of any claim or summarized below. The Commission currently valid control number. settlement on a claim under the fidelity plans to submit this existing collection bond. Written comments are invited on: (a) of information to the Office of Whether the proposed collection of Management and Budget for extension Notices to Directors information is necessary for the proper and approval. A fund must notify by registered mail performance of the functions of the Rule 17g–1 (17 CFR 270.17g–1) under each member of its board of directors of agency, including whether the the Investment Company Act of 1940 (i) any cancellation, termination, or information will have practical utility; (the ‘‘Act’’) (15 U.S.C. 80a–17(g)) modification of the fidelity bond at least (b) the accuracy of the agency’s estimate governs the fidelity bonding of officers 45 days prior to the effective date, and of the burden of the collection of and employees of registered (ii) the filing or settlement of any claim information; (c) ways to enhance the management investment companies under the fidelity bond when quality, utility, and clarity of the (‘‘funds’’) and their advisers. Rule 17g– notification is filed with the information collected; and (d) ways to 1 requires, in part, the following: Commission. minimize the burden of the collection of Independent Directors’ Approval Rule 17g–1’s independent directors’ information on respondents, including annual review requirements, fidelity The form and amount of the fidelity through the use of automated collection bond content requirements, joint bond bond must be approved by a majority of techniques or other forms of information agreement requirement and the required the fund’s independent directors at least notices to directors seek to ensure the technology. Consideration will be given once annually, and the amount of any safety of fund assets against losses due to comments and suggestions submitted premium paid by the fund for any ‘‘joint to the conduct of persons who may in writing within 60 days of this insured bond,’’ covering multiple funds obtain access to those assets. These publication. or certain affiliates, must be approved requirements also seek to facilitate Please direct your written comments by a majority of the fund’s independent oversight of a fund’s fidelity bond. The to Charles Boucher, Director/CIO, directors. rule’s required filings with the Securities and Exchange Commission, Terms and Provisions of the Bond Commission are designed to assist the C/O Shirley Martinson, 6432 General Commission in monitoring funds’ Green Way, Alexandria, VA 22312; or The amount of the bond may not be less than the minimum amounts of compliance with the fidelity bond send an e-mail to: requirements. [email protected]. coverage set forth in a schedule based on the fund’s gross assets; the bond Based on conversations with Dated: March 18, 2009. must provide that it shall not be representatives in the fund industry, the Florence E. Harmon, cancelled, terminated, or modified Commission staff estimates that for each 1 except upon 60-days written notice to of the estimated 3885 active funds, the Deputy Secretary. average annual paperwork burden [FR Doc. E9–6656 Filed 3–25–09; 8:45 am] the affected party and to the Commission; in the case of a joint associated with rule 17g–1’s BILLING CODE 8010–01–P insured bond, 60-days written notice requirements is two hours, one hour must also be given to each fund covered each for a compliance attorney and the 13 This estimate was based on the following by the bond; a joint insured bond must board of directors as a whole. The time calculation: 60 unregistered money market funds × spent by compliance attorney includes $380 million in assets under management × provide that the fidelity insurance $0.0000005 = $11,400. The estimate of cost per company will provide all funds covered time spent filing reports with the dollar of assets is the same as that used for medium- by the bond with a copy of the Commission for any fidelity losses (if sized funds in the rule 2a–7 PRA submission. any) as well as paperwork associated 14 agreement, a copy of any claim on the This estimate is based on information bond, and notification of the terms of with any notices to directors, and Commission staff obtained in its survey for the rule managing any updates to the bond and 2a–7 PRA submission. Of the funds surveyed, no the settlement of any claim prior to medium-sized funds incurred this type of capital execution of that settlement; and a fund the joint agreement (if one exists). The cost. The funds either maintained record systems that is insured by a joint bond must using a program the fund would be likely to have 1 Based on statistics compiled by Commission in the ordinary course of business (such as Excel) enter into an agreement with all other staff, we estimate that there are approximately 3885 or the records were maintained by the fund’s parties insured by the joint bond funds that must comply with the collections of custodian. regarding recovery under the bond. information under rule 17g–1.

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time spent by the board of directors as Rule 20a–1, SEC File No. 270–132, OMB of information is estimated to be a whole includes any time spent Control No. 3235–0158. approximately 130,095 hours (1,225 initially establishing the bond, as well Notice is hereby given that pursuant responses × 106.2 hours per response). as time spent on annual updates and to the Paperwork Reduction Act of 1995 Written comments are invited on: (a) approvals. The Commission staff (44 U.S.C. 3501–3520) the Securities Whether the proposed collection of therefore estimates the total ongoing and Exchange Commission (the information is necessary for the proper paperwork burden hours per year for all ‘‘Commission’’) is soliciting comments performance of the functions of the funds required by rule 17g–1 to be 7770 on the collection of information agency, including whether the hours (3885 funds × 2 hours = 7770 summarized below. The Commission information will have practical utility; hours). plans to submit this existing collection (b) the accuracy of the agency’s estimate These estimates of average burden of information to the Office of of the burden of the collection of hours are made solely for the purposes Management and Budget for extension information; (c) ways to enhance the of the Paperwork Reduction Act. These and approval. quality, utility, and clarity of the estimates are not derived from a Rule 20a–1 (17 CFR 270.20a–1) under information collected; and (d) ways to comprehensive or even a representative the Investment Company Act of 1940 minimize the burden of the collection of survey or study of Commission rules. (15 U.S.C. 80a–1 et seq.) requires that information on respondents, including The collection of information required the solicitation of a proxy, consent, or through the use of automated collection by rule 17g–1 is mandatory and will not authorization with respect to a security techniques or other forms of information be kept confidential. An agency may not issued by a registered investment technology. Consideration will be given conduct or sponsor, and a person is not company (‘‘fund’’) be in compliance to comments and suggestions submitted required to respond to, a collection of with Regulation 14A (17 CFR 240.14a– in writing within 60 days of this information unless it displays a 1 et seq.), Schedule 14A (17 CFR publication. currently valid control number. 240.14a–101), and all other rules and Please direct your written comments Written comments are requested on: regulations adopted under section 14(a) to Charles Boucher, Director/CIO, (a) Whether the collection of of the Securities Exchange Act of 1934 Securities and Exchange Commission, information is necessary for the proper (15 U.S.C. 78n(a)). It also requires a C/O Shirley Martinson, 6432 General performance of the functions of the fund’s investment adviser, or a Green Way, Alexandria, VA 22312; or Commission, including whether the prospective adviser, to transmit to the send an e-mail to: _ information has practical utility; (b) the person making a proxy solicitation the PRA [email protected]. accuracy of the Commission’s estimate information necessary to enable that Dated: March 18, 2009. of the burden of the collection of person to comply with the rules and Florence E. Harmon, information; (c) ways to enhance the regulations applicable to the Deputy Secretary. quality, utility and clarity of the solicitation. In addition, rule 20a–1 [FR Doc. E9–6658 Filed 3–25–09; 8:45 am] information collected; and (d) ways to instructs registered investment BILLING CODE 8010–01–P minimize the burden of the collection of companies, that have made a public information on respondents, including offering of securities and that hold through the use of automated collection security holder votes for which proxies, SECURITIES AND EXCHANGE techniques or other forms of information consents, or authorizations are not being COMMISSION technology. Consideration will be given solicited, to refer to the Commission’s to comments and suggestions submitted rules governing information statements. Proposed Collection; Comment in writing within 60 days of this Regulation 14A and Schedule 14A Request publication. establish the disclosure requirements Please direct your written comments applicable to the solicitation of proxies, Upon Written Request, Copies Available to Charles Boucher, Director/CIO, consents and authorizations. In From: Securities and Exchange Securities and Exchange Commission, particular, Item 22 of Schedule 14A Commission, Office of Investor C/O Shirley Martinson, 6432 General contains extensive disclosure Education and Advocacy, Green Way, Alexandria, VA 22312; or requirements for fund proxy statements. Washington, DC 20549–0213. send an e-mail to: Among other things, it requires the Extension: _ PRA [email protected]. disclosure of information about fund fee Rule 6c–7, SEC File No. 270–269, OMB Dated: March 18, 2009. or expense increases, the election of Control No. 3235–0276. Florence E. Harmon, directors, the approval of an investment Notice is hereby given that, pursuant Deputy Secretary. advisory contract and the approval of a to the Paperwork Reduction Act of 1995 [FR Doc. E9–6657 Filed 3–25–09; 8:45 am] distribution plan. (44 U.S.C. 3501 et seq.), the Securities The Commission requires the and Exchange Commission (the BILLING CODE 8010–01–P dissemination of this information to ‘‘Commission’’) is soliciting comments assist investors in understanding their on the collection of information SECURITIES AND EXCHANGE fund investments and the choices they summarized below. The Commission COMMISSION may be asked to make regarding fund plans to submit this existing collection operations. The Commission does not of information to the Office of Proposed Collection; Comment use the information in proxies directly, Management and Budget for extension Request but reviews proxy statement filings for and approval. compliance with applicable rules. Rule 6c–7 (17 CFR 270.6c–7) under Upon Written Request, Copies Available It is estimated that funds file the Investment Company Act of 1940 From: Securities and Exchange approximately 1,225 proxy solicitations (15 U.S.C. 80a–1 et seq.) (‘‘1940 Act’’) Commission, Office of Investor annually with the Commission. That provides exemption from certain Education and Advocacy, figure includes multiple filings by some provisions of Sections 22(e) and 27 of Washington, DC 20549–0213. funds. The total annual reporting and the 1940 Act for registered separate Extension: recordkeeping burden of the collection accounts offering variable annuity

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contracts to certain employees of Texas send an e-mail to: personally or by mail. Hearing requests institutions of higher education [email protected]. should be received by the Commission participating in the Texas Optional Dated: March 20, 2009. by 5:30 p.m. on April 13, 2009, and Retirement Program. There are Florence E. Harmon, should be accompanied by proof of approximately 100 registrants governed service on applicants, in the form of an Deputy Secretary. by Rule 6c–7. The burden of compliance affidavit or, for lawyers, a certificate of with Rule 6c–7, in connection with the [FR Doc. E9–6723 Filed 3–25–09; 8:45 am] service. Hearing requests should state registrants obtaining from a purchaser, BILLING CODE 8010–01–P the nature of the writer’s interest, the prior to or at the time of purchase, a reason for the request, and the issues signed document acknowledging the contested. Persons who wish to be SECURITIES AND EXCHANGE restrictions on redeemability imposed notified of a hearing may request COMMISSION by Texas law, is estimated to be notification by writing to the approximately 3 minutes of professional [Release No. IC—28652; 812–13645] Commission’s Secretary. time per response for each of ADDRESSES: Secretary, U.S. Securities approximately 3000 purchasers UBS AG, et al.; Notice of Application and Exchange Commission, 100 F annually (at an estimated $63 per and Temporary Order Street, NE., Washington, DC 20549– 1 hour), for a total annual burden of 150 March 19, 2009. 1090; Applicants: UBS AG and ESC GP, hours (at a total annual cost of $9,450). AGENCY: Securities and Exchange c/o UBS Investment Bank, 677 The estimate of average burden hours Commission (‘‘Commission’’). Washington Boulevard, Stamford, CT is made solely for the purposes of the 06901; UBSFS, 1200 Harbor Boulevard, ACTION: Temporary order and notice of Paperwork Reduction Act, and is not application for a permanent order under Weehawken, NJ 07086; UBSFA and derived from a comprehensive or even section 9(c) of the Investment Company UBSFA Advisers, 51 West 52nd Street, a representative survey or study of the Act of 1940 (‘‘Act’’). 23rd Floor, New York, NY 10019; UBS costs of Commission rules or forms. The Global AM US, 51 West 52nd Street, Commission does not include in the Summary of Application: Applicants 16th Floor, New York, NY 10019; UBS estimate of average burden hours the have received a temporary order Global AM Americas, One North time preparing registration statements exempting them from section 9(a) of the Wacker Drive, Chicago, IL 60606. and sales literature disclosure regarding Act, with respect to an injunction FOR FURTHER INFORMATION CONTACT: John the restrictions on redeemability entered against UBS AG on March 19, Yoder, Senior Counsel, at 202–551– imposed by Texas law. The estimate of 2009 by the United States District Court 6878, or Marilyn Mann, Branch Chief, at burden hours for completing the for the District of Columbia 202–551–6821 (Division of Investment relevant registration statements are (‘‘Injunction’’) until the Commission Management, Office of Investment reported on the separate PRA takes final action on an application for Company Regulation). submissions for those statements. (See a permanent order. Applicants also have SUPPLEMENTARY INFORMATION: The the separate PRA submissions for Form applied for a permanent order. following is a temporary order and N–3 (17 CFR 274.11b) and Form N–4 (17 Applicants: UBS AG; UBS Financial summary of the application. The CFR 274.11c).) Services Inc. (‘‘UBSFS’’); UBS Fund complete application may be obtained The Commission requests written Advisor, L.L.C. (‘‘UBSFA’’); UBS for a fee at the Commission’s Public comments on: (a) Whether the proposed Willow Management, L.L.C. (‘‘UBS Reference Room, 100 F Street, NE., collection of information is necessary Willow’’), UBS Eucalyptus Washington, DC 20549–1520 (tel. 202– for the proper performance of the Management, L.L.C., UBS Tamarack 551–5850). functions of the agency, including Management, L.L.C., UBS Juniper whether the information will have Management, L.L.C., and UBS Enso Applicants’ Representations practical utility; (b) the accuracy of the Management, L.L.C. (collectively, 1. UBS AG is a company established agency’s estimate of the burden of the ‘‘UBSFA Advisers’’); UBS Global Asset under the laws of Switzerland that collection of information; (c) ways to Management (Americas) Inc. (‘‘UBS directly or through its subsidiaries enhance the quality, utility, and clarity Global AM Americas’’); UBS Global provides global wealth management, of the information collected; and (d) Asset Management (US) Inc. (‘‘UBS securities and retail and commercial ways to minimize the burden of the Global AM US’’); and UBS IB Co- banking services. Each of the Applicants collection of information on Investment 2001 GP Limited (‘‘ESC GP’’) is either directly or indirectly controlled respondents, including through the use (collectively, ‘‘Applicants’’).1 by UBS AG. UBS AG and ESC GP of automated collection techniques or Filing Dates: The application was provide investment advisory services to other forms of information technology. filed on March 19, 2009. Applicants employees’ securities companies Consideration will be given to have agreed to file an amendment (‘‘ESCs’’), as defined in section 2(a)(13) comments and suggestions submitted in during the notice period, the substance of the Act, which provide investment writing within 60 days of this of which is reflected in this notice. opportunities for highly compensated publication. Hearing or Notification of Hearing: An key employees, officers, directors and Please direct your written comments order granting the application will be current consultants of UBS AG and its to Charles Boucher, Director/CIO, issued unless the Commission orders a affiliates. UBSFS, UBSFA, UBSFA Securities and Exchange Commission, hearing. Interested persons may request Advisers and UBS Global AM Americas C/O Shirley Martinson, 6432 General a hearing by writing to the are registered as investment advisers Green Way, Alexandria, VA 22312; or Commission’s Secretary and serving under the Investment Advisers Act of applicants with a copy of the request, 1940 (‘‘Advisers Act’’) and currently 1 $63/hour figure for a Compliance Clerk is from serve as investment advisers to SIFMA’s Office Salaries in the Securities Industry 1 Applicants request that any relief granted registered management investment 2008, modified by Commission staff to account for pursuant to the application also apply to any other an 1800-hour work-year and multiplied by 2.93 to company of which UBS AG is or may become an companies (‘‘Funds’’). UBSFS is account for bonuses, firm size, employee benefits affiliated person (together with the Applicants, the registered as a broker-dealer under the and overhead. ‘‘Covered Persons’’). Securities Exchange Act of 1934

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(‘‘Exchange Act’’) and acts as depositor ‘‘affiliated person’’ to include, among meet in person to discuss the materials, and principal underwriter to various others, any person directly or indirectly to the boards of directors of the Funds registered unit investment trusts controlling, controlled by, or under (the ‘‘Boards’’), including the directors (‘‘UITs’’). UBS Global AM US is common control, with the other person. who are not ‘‘interested persons,’’ as registered as a broker-dealer under the Applicants state that UBS AG is an defined in section 2(a)(19) of the Act, of Exchange Act and as an investment affiliated person of each of the other the Funds, and their independent legal adviser under the Advisers Act and Applicants within the meaning of counsel as defined in rule 0–1(a)(6) serves as principal underwriter to section 2(a)(3). Applicants state that, as under the Act, if any, regarding the various open-end Funds. a result of the Injunction, they would be Injunction, any impact on the Funds, 2. On March 19, 2009, the United subject to the prohibitions of section and the application. Applicants state States District Court for the District of 9(a). that they will provide the Boards with Columbia entered a judgment, which 2. Section 9(c) of the Act provides that all information concerning the included the Injunction, against UBS the Commission shall grant an Injunction and the application that is AG (‘‘Judgment’’) in a matter brought by application for exemption from the necessary for the Funds to fulfill their the Commission.2 The Commission disqualification provisions of section disclosure and other obligations under alleged in the complaint (‘‘Complaint’’) 9(a) of the Act if it is established that the federal securities laws. that UBS AG violated section 15(a) of these provisions, as applied to 6. Applicants also state that, if they the Exchange Act and section 203(a) of Applicants, are unduly or were barred from providing Fund the Advisers Act by acting as an disproportionately severe or that the Service Activities to registered unregistered broker-dealer and conduct of the Applicants has been such investment companies and ESCs, the investment adviser. The Complaint as not to make it against the public effect on their businesses and alleged that UBS AG, largely through interest or the protection of investors to employees would be severe. Applicants individuals known as client advisers, grant the exemption. Applicants have state that they have committed used United States jurisdictional means filed an application pursuant to section substantial resources to establishing an to provide cross-border brokerage and 9(c) seeking a temporary and permanent expertise in providing Fund Service investment advisory services to order exempting the Applicants and the Activities. Applicants further state that thousands of United States clients. The other Covered Persons from the prohibiting them from providing Fund Complaint further alleged that this disqualification provisions of section Service Activities would not only cross-border business was serviced 9(a). adversely affect their businesses, but primarily from Switzerland. The 3. Applicants believe that they meet would also adversely affect over 425 Complaint further alleged that at all the standards for exemption specified in employees that are involved in those times UBS AG was aware that it could section 9(c). Applicants state that the activities. Applicants also state that provide these services to United States prohibitions of section 9(a) as applied to disqualifying UBS AG and ESC GP from cross-border clients only through an them would be unduly and continuing to provide investment entity registered with the Commission disproportionately severe and that the advisory services to ESCs is not in the as a broker-dealer or investment adviser. conduct of Applicants has been such as public interest or in furtherance of the Without admitting or denying any of the not to make it against the public interest protection of investors. Because the allegations in the Complaint, except as or the protection of investors to grant ESCs have been formed for the benefit to jurisdiction, UBS AG consented to the requested exemption from section of key employees, officers, directors and the entry of the Injunction, the payment 9(a). current consultants of UBS AG and its 4. Applicants state that the alleged of disgorgement and certain affiliates, it would not be consistent conduct giving rise to the Injunction did undertakings to take various remedial with the purposes of the ESC provisions not involve any of the Applicants acting actions. of the Act to require another entity not in the capacity of investment adviser, affiliated with UBS AG to manage the Applicants’ Legal Analysis sub-adviser or depositor to any ESCs. In addition, participants in the 1. Section 9(a)(2) of the Act, in registered investment company or ESC, ESCs have subscribed for interests in the relevant part, prohibits a person who or in the capacity of principal ESCs with the expectation that the ESCs has been enjoined from engaging in or underwriter for any open-end Fund or would be managed by an affiliate of continuing any conduct or practice in UIT (‘‘Fund Service Activities’’). UBS AG. connection with the purchase or sale of Applicants note that none of the current 7. Applicants state that UBS AG and a security, or in connection with or former directors, officers, or certain other Applicants have activities as an underwriter, broker or employees of the Applicants (other than previously received orders under dealer, from acting, among other things, UBS AG) had any knowledge of, or had section 9(c), as described in greater as an investment adviser or depositor of any involvement in, the conduct alleged detail in the application. in the Complaint. Applicants further any registered investment company or a Applicants’ Condition principal underwriter for any registered state that the personnel at UBS AG who open-end investment company, were involved in the violations alleged Applicants agree that any order registered unit investment trust, or in the Complaint have had no and will granting the requested relief will be registered face-amount certificate not have any future involvement in subject to the following condition: Any temporary exemption granted company. Section 9(a)(3) of the Act Fund Service Activities. 5. Applicants state that the inability of pursuant to the application shall be makes the prohibition in section 9(a)(2) the Applicants to engage in Fund without prejudice to, and shall not limit applicable to a company, any affiliated Service Activities would result in the Commission’s rights in any manner person of which has been disqualified potentially severe financial hardships with respect to, any Commission under the provisions of section 9(a)(2). for the registered investment companies investigation of, or administrative Section 2(a)(3) of the Act defines they serve and the registered investment proceedings involving or against, 2 Securities and Exchange Commission v. UBS companies’ shareholders or unitholders. Covered Persons, including without AG, Judgment as to UBS AG, 1:09–CV–00316 Applicants state that they will distribute limitation, the consideration by the (D.D.C.) (entered March 19, 2009). written materials, including an offer to Commission of a permanent exemption

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from section 9(a) of the Act requested Section 902.08 to establish an initial 2006 rule filing, NYSE issuers were pursuant to the application or the listing fee and an annual listing fee for permitted to trade their unlisted bonds revocation or removal of any temporary all securities listed under Section on the Exchange. Non-NYSE issuers, exemptions granted under the Act in 102.03 and traded on NYSE BondsSM however, would not be permitted to connection with the application. system (‘‘NYSE Bonds’’). The text of the trade their bonds on NYSE Bonds unless Temporary Order: proposed rule change is available on the they were listed on the Exchange. The Commission has considered the Exchange’s Web site (http:// matter and finds that the Applicants www.nyse.com), at the Exchange’s II. Proposed Amendments have made the necessary showing to principal office, and at the The Exchange now proposes to amend justify granting a temporary exemption. Commission’s Public Reference Room. the listing fees for NYSE and non-NYSE Accordingly, issuers. Under amended Section 902.08 It is hereby ordered, pursuant to II. Self-Regulatory Organization’s of the Manual, the initial listing fee for section 9(c) of the Act, that Applicants Statement of the Purpose of, and non-NYSE issuers of bonds and other and any other Covered Persons are Statutory Basis for, the Proposed Rule fixed income debt securities that list on granted a temporary exemption from the Change the Exchange pursuant to Section provisions of section 9(a), solely with In its filing with the Commission, the 102.03 of the Manual will be a flat fee respect to the Injunction, subject to the self regulatory organization included of $5,000. The annual listing fee for condition in the application, from statements concerning the purpose of, these bonds and other fixed income debt March 19, 2009, until the Commission and basis for, the proposed rule change securities will also be $5,000.00. If an takes final action on their application and discussed any comments it received NYSE issuer opts to have its bonds or for a permanent order. on the proposed rule change. The text other fixed income debt securities listed By the Commission. of those statements may be examined at on the Exchange, the NYSE issuer will Florence E. Harmon, the places specified in Item IV below. be subject to the $5,000 initial listing fee Deputy Secretary. The Exchange has prepared summaries, and $5,000 annual listing fee. These fees [FR Doc. E9–6655 Filed 3–25–09; 8:45 am] set forth in Sections A, B, and C below, will cover administrative and regulatory of the most significant parts of such BILLING CODE costs incurred by the Exchange. If an statements. NYSE issuer does not choose to have its A. Self-Regulatory Organization’s bonds or other fixed income debt SECURITIES AND EXCHANGE Statement of the Purpose of, and securities listed on the Exchange, then COMMISSION Statutory Basis for, the Proposed Rule the NYSE issuer is exempt from paying Change any listing fees but may still trade its [Release No. 34–59608; File No. SR–NYSE– bonds on the Exchange. 2009–31] 1. Purpose Because revenue is needed to pay for Self-Regulatory Organizations; Notice The Exchange proposes to amend the the operation and regulation of these of Filing of Proposed Rule Change by Listed Company Manual (the ‘‘Manual’’) listings, the Exchange has determined New York Stock Exchange LLC Section 902.08 to establish an initial that the proposed $5,000 initial and Amending the Listed Company Manual listing fee and an annual listing fee for $5,000 annual listing fees provide an Section 902.08 To Establish an Initial all securities listed under Section attractive pricing strategy to its Listing Fee and an Annual Listing Fee 102.03 and traded on NYSE BondsSM customers and is sufficient for covering for Securities Listed Under Section system (‘‘NYSE Bonds’’). Specifically, the Exchange’s costs to provide its 102.03 and Traded on the NYSE Bonds the Exchange seeks to implement an services to the issuers. System initial listing fee of $5,000 and an U.S. Government issues are exempt annual listing fee of $5,000 for the from securities registration under the March 19, 2009. securities listed in Section 102.03 of the Securities and Exchange Act of 1934. Pursuant to Section 19(b)(1) 1 of the Manual. Because these U.S. Government issues Securities Exchange Act of 1934 (the are not subject to the Acts’ listing ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 I. Background requirements, the Exchange is not notice is hereby given that, on March Currently, the Exchange imposes a required to perform an administrative 16, 2009, New York Stock Exchange $15,000 listing fee for bonds and other and regulatory review of these listed LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed fixed income debt securities that list on bonds. Accordingly, U.S. Government with the Securities and Exchange the Exchange pursuant to Section issues will continue to list on the Commission (the ‘‘Commission’’) the 102.03 of the Manual. Specifically, the Exchange free of charge, as set forth in proposed rule change as described in Exchange charges the $15,000 listing fee Section 902.08 of the Manual. Items I, II, and III below, which Items to non-NYSE issuers. 2. Statutory Basis have been prepared by the self- NYSE issuers, however, are not regulatory organization. The charged any listing fee for these bonds The Exchange believes that the Commission is publishing this notice to and other fixed income debt securities. proposed rule change is consistent with solicit comments on the proposed rule In November 2006, the Exchange filed a the provisions of Section 6 5 of the change from interested persons. proposed rule change establishing rules Securities Exchange Act of 1934 (the for the trading of unlisted debt ‘‘Act’’) 6 in general and Section 6(b)(4) of I. Self-Regulatory Organization’s securities on NYSE Bonds.4 the Act 7 in particular, in that it is Statement of the Terms of Substance of Specifically, this filing established designed to provide for the equitable the Proposed Rule Change NYSE Rules 1400 and 1401 in allocation of reasonable dues, fees and The Exchange proposes to amend the connection with the NYSE Exemption other charges among its members and Listed Company Manual (the ‘‘Manual’’) Request. As a result of the November other persons using its facilities. The

1 15 U.S.C. 78s(b)(1). 4 See Securities Exchange Release No. 54767 5 15 U.S.C. 78f. 2 15 U.S.C. 78a. (November 16, 2006), 71 FR 67680 (November 22, 6 15 U.S.C. 78a 3 17 CFR 240.19b–4. 2006) (SR–NYSE–04–69). 7 15 U.S.C. 78f(b)(4).

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Exchange believes that the proposed 100 F Street, NE., Washington DC (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 initial and annual listing fees for all 20549–1090. notice is hereby given that on March 10, securities listed under Section 102.03 All submissions should refer to File 2009, NYSE Arca, Inc. (‘‘NYSE Arca’’ or and traded on NYSE Bonds are Number SR–NYSE–2009–31. This file the ‘‘Exchange’’) filed with the reasonable to cover the costs incurred number should be included on the Securities and Exchange Commission for the administrative and regulatory subject line if e-mail is used. To help the (‘‘Commission’’) the proposed rule services provided by the Exchange. Commission process and review your change as described in Items I and II These fees are applicable to both NYSE comments more efficiently, please use below, which Items have been prepared and non-NYSE issuers that seek to have only one method. The Commission will by the Exchange. The Commission is their Section 102.03 bonds or securities post all comments on the Commission’s publishing this notice to solicit listed on the Exchange. Internet Web site (http://www.sec.gov/ comments on the proposed rule change from interested persons. B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Statement on Burden on Competition submission, all subsequent I. Self-Regulatory Organization’s amendments, all written statements Statement of the Terms of Substance of The Exchange does not believe that with respect to the proposed rule the Proposed Rule Change the proposed rule change will impose change that are filed with the The Exchange proposes to amend any burden on competition that is not Commission, and all written Rule 6.62 to provide additional order necessary or appropriate in furtherance communications relating to the of the purposes of the Act. types which will give investors greater proposed rule change between the control over the circumstances in which C. Self-Regulatory Organization’s Commission and any person, other than their orders are executed. Changes to the Statement on Comments on the those that may be withheld from the rule text are shown in the attached Proposed Rule Change Received From public in accordance with the Exhibit 5. A copy of this filing is Members, Participants or Others provisions of 5 U.S.C. 552, will be available on the Exchange’s Web site at available for inspection and copying in No written comments were solicited http://www.nyse.com, at the Exchange’s the Commission’s Public Reference or received with respect to the proposed principal office and at the Commission’s Room, 100 F Street, NE., Washington, rule change. Public Reference Room. DC 20549, on official business days III. Date of Effectiveness of the between the hours of 10 a.m. and 3 p.m. II. Self-Regulatory Organization’s Proposed Rule Change and Timing for Copies of the filing will also be available Statement of the Purpose of, and Commission Action for inspection and copying at the Statutory Basis for, the Proposed Rule Change Within 35 days of the date of NYSE’s principal office and on its publication of this notice in the Federal Internet Web site at http:// In its filing with the Commission, the Register or within such longer period (i) www.nyse.com. All comments received self-regulatory organization included as the Commission may designate up to will be posted without change; the statements concerning the purpose of, 90 days of such date if it finds such Commission does not edit personal and basis for, the proposed rule change longer period to be appropriate and identifying information from and discussed any comments it received publishes its reasons for so finding or submissions. You should submit only on the proposed rule change. The text (ii) as to which the self regulatory information that you wish to make of those statements may be examined at organization consents, the Commission available publicly. All submissions the places specified in Item IV below. will: should refer to File No. SR–NYSE– The Exchange has prepared summaries, (A) By order approve the proposed 2009–31 and should be submitted on or set forth in sections A, B, and C below, rule change, or before April 16, 2009. of the most significant parts of such (B) Institute proceedings to determine For the Commission, by the Division of statements. whether the proposed rule change Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s 8 should be disapproved. authority. Statement of the Purpose of, and Florence E. Harmon, IV. Solicitation of Comments Statutory Basis for, the Proposed Rule Deputy Secretary. Change Interested persons are invited to [FR Doc. E9–6720 Filed 3–25–09; 8:45 am] 1. Purpose submit written data, views, and BILLING CODE 8010–01–P arguments concerning the foregoing, The purpose of this proposed rule including whether the proposed rule change is to provide additional order change is consistent with the Act. SECURITIES AND EXCHANGE types which will give market Comments may be submitted by any of COMMISSION participants greater control over the the following methods: circumstances in which their orders are executed. Electronic Comments [Release No. 34–59603; File No. SR– NYSEArca–2009–21] NYSE Arca’s options market has a • Use the Commission’s Internet price-time priority market structure, comment form (http://www.sec.gov/ Self-Regulatory Organizations; Notice with automated routing if an incoming rules/sro.shtml); or of Filing and Immediate Effectiveness order is marketable against the National • Send an e-mail to rule- of Proposed Rule Change by NYSE Best Bid/Offer (‘‘NBBO’’), but not [email protected]. Please include File Arca, Inc. Amending Rule 6.62 To immediately marketable on the Number SR–NYSE–2009–31 on the Provide Additional Order Types Exchange. While the Exchange subject line. considers this to be a highly desirable March 19, 2009. market structure, some investors and Paper Comments Pursuant to Section 19(b)(1) of the market participants wish to provide • Send paper comments in triplicate Securities Exchange Act of 1934 to Elizabeth M. Murphy, Secretary, 1 15 U.S.C. 78s(b)(1). Securities and Exchange Commission, 8 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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liquidity in some but not all Liquidity Adding Order execution against any displayed and circumstances; others wish to not have A Liquidity Adding Order is a limit undisplayed trading interest in the orders routed but still be available for order that will only be accepted if it is Consolidated Book, such as a PNP Blind execution on NYSE Arca. To help meet not marketable at the time of receipt. It Order, or the undisplayed portion of a these desires, the Exchange proposes the is intended to provide liquidity and also Reserve Order.4 following order types: will receive a liquidity adding credit if A PNP Light Order is a PNP order that carries the added instruction to cancel Tracking Order entered into an issue that credits a Post Liquidity Fee. Liquidity Adding Orders the order if it is marketable against A Tracking Order is an undisplayed are not eligible for routing, but will be interest that is not displayed in the limit order that is eligible for execution rejected if marketable against the NBBO. Consolidated Book. This provides OTP in the Working Order Process against If a Liquidity Adding Order will lock or Holders greater ability to control the orders equal to or less than the size of cross the market at the time of entry it circumstances in which their orders are the Tracking Order. While Tracking will be rejected. Liquidity Adding executed. Orders are ranked at their limit price, Orders that, at the time of entry, would As with a conventional PNP order, a they are only eligible for execution at a otherwise interact with undisplayed PNP Light order is to be executed in price that matches the NBBO. A orders will be rejected. Liquidity whole or in part on the Exchange, and Tracking Order is intended only to Adding Orders may have a time-in-force the portion not so executed is to be provide liquidity in the event a of Day or GTC, but not IOC. ranked in the Consolidated Book, marketable order would otherwise route without routing any portion of the order PNP-Blind Order to another exchange. to another market center; provided, Tracking Orders have no standing NYSE Arca has an existing order type however, the Exchange shall cancel a 3 with regard to open outcry trading, as known as PNP (Post No Preference) PNP-Light Order that would (i) lock or they are not displayed, nor (unlike a which is a limit order that is only to be cross the NBBO, or (ii) be marketable Price Improving Order or Quote) are executed on the Exchange, and may be against undisplayed interest in the they represented in the disseminated ranked in the Consolidated Book if not Consolidated Book. For example, if bid or offer at an indicative price. marketable, but is never to be routed. A there is a resting PNP Blind order in the Tracking Orders only have standing if PNP order that is marketable against the Consolidated Book that is not displayed, contra interest in the NYSE Arca System NBBO when entered is cancelled back a contra sided PNP Light order will be to the entering OTP Holder. would otherwise be routed to another cancelled. Certain OTP Holders have asked for a A PNP Light order will execute market center at the NBBO. If a Floor similar order type that will also not against a Price Improving Order or Broker needs to enter an order into the route if marketable against the NBBO, Quote,5 or against the displayed portion System in order to clear the NBBO prior but, unlike a PNP order, will not be of a Reserve Order, since such orders are to executing at a worse price on the cancelled if similarly marketable. represented and displayed in the Floor, that order will trade with any A PNP Blind order is a limit order Consolidated Book. eligible Tracking Orders. that is to be executed on the Exchange, A PNP Light order will be executed at For instance, the NBBO market in a but never routed to another market. The the NBBO if executed upon receipt, or series is 2.05–2.15, with a 2.10 Tracking unexecuted portion of a PNP Blind else at its limit price (unless price- Order to buy 10 contracts, but the NYSE order is to be ranked in the improved by a Price Improving Order or Arca displayed bid is 2.00. An order is Consolidated Book. Unlike a Quote). received to sell 6 contracts at 2.05; this conventional PNP order, a PNP Blind PNP, PNP Blind, and PNP Light order will be matched against the 2.10 Order that is marketable against the orders will never execute against buy Tracking Order at a price of 2.05, NBBO will not be cancelled; however, Tracking Orders. matching the NBBO. the price and size will not be 2. Statutory Basis Similarly, with the same initial disseminated to OPRA. If the NBBO scenario, a second Tracking Order to moves so that the PNP Blind Order no The Exchange believes the proposed buy 20 contracts paying 2.05 is placed longer locks or crosses the NBBO, the rule change is consistent with and in the Consolidated Book. An order is order’s price and size will be furthers the objectives of Section 6(b)(5) received to sell 15 contracts at 2.05. disseminated. When a PNP Blind order of the Act,6 in that it is designed to This order is matched against the is not displayed, it provides price promote just and equitable principles of second Tracking Order, rather than the improvement to any incoming contra- trade, remove impediments to and first Tracking Order, because it is greater side order. A PNP Blind order will be perfect the mechanisms of a free and in size than the first Tracking Order, but executed at its limit price, if displayed, open market and a national market not greater in size than the second or at a price that matches the contra side system and, in general, to protect Tracking Order. It will be executed at of the NBBO, if undisplayed. investors and the public interest, by 2.05, the NBBO price. PNP Light Order providing investors with additional order types that allow greater flexibility If a Tracking Order is executed but A conventional PNP Order is a Limit not exhausted, the remaining portion of in managing the circumstances in which Order that is to be executed in whole or their orders are executed. the order shall be cancelled, without in part on the Exchange, and the portion routing the order to another market that is not so executed is to be ranked B. Self-Regulatory Organization’s center or market participant. A Tracking in the Consolidated Book, without Statement on Burden on Competition Order shall not trade-through the NBBO. routing any portion of the order to The Exchange does not believe that Attempts to use a Tracking Order to another market center; provided, the proposed rule change will impose execute a cross transaction would be however, the Exchange shall cancel a any burden on competition that is not considered a violation of NYSE Arca PNP Order that would lock or cross the Rule 6.47A, as that rule requires an NBBO. A PNP Order is eligible for 4 See NYSE Arca Rule 6.62(d)(3). order to be exposed (displayed) if it is 5 See NYSE Arca Rule 6.62(s). part of a cross transaction. 3 See NYSE Arca Rule 6.62(p). 6 15 U.S.C. 78f(b)(5).

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necessary or appropriate in furtherance Number SR–NYSEArca-2009–21 on the SECURITIES AND EXCHANGE of the purposes of the Act. subject line. COMMISSION C. Self-Regulatory Organization’s Paper Comments [Release No. 34–59601; File No. SR–CBOE– Statement on Comments on the 2009–018] Proposed Rule Change Received From • Send paper comments in triplicate Members, Participants, or Others to Elizabeth M. Murphy, Secretary, Self-Regulatory Organizations; Securities and Exchange Commission, No written comments were solicited Chicago Board Options Exchange, 100 F Street, NE., Washington, DC or received with respect to the proposed Incorporated; Notice of Filing of a 20549–1090. rule change. Proposed Rule Change Related to Short Term Option Series III. Date of Effectiveness of the All submissions should refer to File Proposed Rule Change and Timing for Number SR–NYSEArca-2009–21. This March 19, 2009. Commission Action file number should be included on the Pursuant to Section 19(b)(1) of the subject line if e-mail is used. To help the Securities Exchange Act of 1934 (the The Exchange has filed the proposed Commission process and review your ‘‘Act’’),1 and Rule 19b–4 thereunder,2 rule change pursuant to Section comments more efficiently, please use notice is hereby given that on March 13, 19(b)(3)(A)(iii) of the Act 7 and Rule only one method. The Commission will 2009, the Chicago Board Options 19b–4(f)(6) thereunder.8 Because the post all comments on the Commission’s Exchange, Incorporated (the ‘‘Exchange’’ proposed rule change does not: (i) Internet Web site (http://www.sec.gov/ or ‘‘CBOE’’) filed with the Securities Significantly affect the protection of rules/sro.shtml). Copies of the and Exchange Commission (the investors or the public interest; (ii) submission, all subsequent ‘‘Commission’’) the proposed rule impose any significant burden on amendments, all written statements change, as described in Items I, II, and competition; and (iii) become operative III below, which Items have been prior to 30 days from the date on which with respect to the proposed rule prepared by the Exchange. The it was filed, or such shorter time as the change that are filed with the Commission is publishing this notice to Commission may designate, if Commission, and all written solicit comments on the proposed rule consistent with the protection of communications relating to the change from interested persons. investors and the public interest, the proposed rule change between the proposed rule change has become Commission and any person, other than I. Self-Regulatory Organization’s effective pursuant to Section 19(b)(3)(A) those that may be withheld from the Statement of the Terms of Substance of of the Act 9 and Rule 19b–4(f)(6)(iii) public in accordance with the the Proposed Rule Change 10 provisions of 5 U.S.C. 552, will be thereunder. The Exchange is proposing to make At any time within 60 days of the available for inspection and copying in permanent its Short Term Option Series filing of such proposed rule change the the Commission’s Public Reference pilot program (the ‘‘Weeklys Program’’). Commission may summarily abrogate Room, 100 F Street, NE., Washington, In addition, the Exchange is proposing such rule change if it appears to the DC 20549, on official business days certain non-substantive changes to Commission that such action is between the hours of 10 a.m. and 3 p.m. reorganize its rule text related to the necessary or appropriate in the public Copies of the filing also will be available Weeklys Program so that applicable interest, for the protection of investors for inspection and copying at the terms are located within a single section or otherwise in furtherance of the principal office of the self-regulatory of the relevant rules. Conforming, non- purposes of the Act. organization. All comments received substantive changes are being proposed IV. Solicitation of Comments will be posted without change; the to the text of the Exchange’s Quarterly Commission does not edit personal Option Series Pilot Program (the Interested persons are invited to identifying information from ‘‘Quarterlys Program’’). The text of the submit written data, views and submissions. You should submit only proposed rule change is available on the arguments concerning the foregoing, information that you wish to make Exchange’s Web site (http:// including whether the proposed rule available publicly. All submissions www.cboe.org/Legal), at the Office of the change is consistent with the Act. should refer to File Number SR– Secretary, CBOE and at the Commission. Comments may be submitted by any of NYSEArca-2009–21 and should be the following methods: II. Self-Regulatory Organization’s submitted on or before April 16, 2009. Statement of the Purpose of, and Electronic Comments For the Commission, by the Division of Statutory Basis for, the Proposed Rule • Use the Commission’s Internet Trading and Markets, pursuant to delegated Change comment form (http://www.sec.gov/ authority.11 In its filing with the Commission, the rules/sro.shtml); or Florence E. Harmon, self-regulatory organization included • Send an e-mail to rule- Deputy Secretary. statements concerning the purpose of [email protected]. Please include File [FR Doc. E9–6702 Filed 3–25–09; 8:45 am] and basis for the proposed rule change BILLING CODE and discussed any comments it received 7 15 U.S.C. 78s(b)(3)(A)(iii). on the proposed rule change. The text 8 17 CFR 240.19b–4(f)(6). of those statements may be examined at 9 15 U.S.C. 78s(b)(3)(A). the places specified in Item IV below. 10 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires the Exchange to give the The Exchange has prepared summaries, Commission written notice of the Exchange’s intent set forth in sections A, B, and C below, to file the proposed rule change along with a brief of the most significant parts of such description and text of the proposed rule change, statements. at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange 1 15 U.S.C. 78s(b)(1). has satisfied the pre-filing requirement. 11 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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A. Self-Regulatory Organization’s participate in the Weeklys Program: S&P the Section 6(b)(5) 7 requirements that Statement of the Purpose of, and the 500 Index options (SPX), S&P 100 Index the rules of an exchange be designed to Statutory Basis for, the Proposed Rule American-style options (OEX), Mini- promote just and equitable principles of Change S&P 500 Index options (XSP), and S&P trade, to prevent fraudulent and 100 Index European-style options manipulative acts, to remove 1. Purpose (XEO). CBOE believes the Weeklys impediments to and to perfect the On July 12, 2005, the Commission Program has been successful and well mechanism for a free and open market approved the Weeklys Program.3 The received by its members and the and a national market system, and, in Weeklys Program allows CBOE to list investing public for the nearly four general, to protect investors and the and trade Short Term Option Series, years that it has been in operation as a public interest. The Exchange believes which would expire one week after the pilot. that permanent approval of the Weeklys date on which a series is opened. Under CBOE is now proposing to make the Program will result in an ongoing the Weeklys Program, CBOE can select Weeklys Program permanent. In support benefit to investors, and will continue to up to five approved option classes on of approving the Weeklys Program on a allow them additional means to manage which Short Term Option Series could permanent basis, and as required by the their risk exposures and carry out their be opened. If selected for the Weeklys Weeklys Program Approval Order, the investment objectives. Program, the Exchange may open up to Exchange has submitted to the twenty Short Term Option Series for Commission a Weeklys Program report B. Self-Regulatory Organization’s each expiration date in that class. The (the ‘‘Report’’) detailing the Exchange’s Statement on Burden on Competition strike price of each Short Term Option experience with the Weeklys Program. CBOE does not believe that the Series are fixed at a price per share, Specifically, the Report contains data proposed rule change will impose any with approximately the same number of and written analysis regarding the four burden on competition not necessary or strike prices above and below the value options classes included in the Weeklys appropriate in furtherance of the of the underlying security or calculated Program. The Report was submitted purposes of the Act. index value at about the time that the under separate cover and seeks Short Term Option Series is opened.4 If confidential treatment under the C. Self-Regulatory Organization’s the Exchange opens less than twenty Freedom of Information Act. Statement on Comments on the Short Term Option Series for a given The Exchange believes there is Proposed Rule Change Received From expiration date, additional series may be sufficient investor interest and demand Members, Participants, or Others opened for trading on the Exchange in the Weeklys Program to warrant its No written comments were solicited when the Exchange deems it necessary permanent approval. The Exchange or received with respect to the proposed to maintain an orderly market, to meet believes that, for the nearly four years rule change. customer demand or when the current that it has been in operation, the value of the underlying security or Weeklys Program has provided III. Date of Effectiveness of the index moves substantially from the investors with additional means of Proposed Rule Change and Timing for exercise price or prices of the series managing their risk exposures and Commission Action already opened. In any event, the total carrying out their investment objectives. Within 35 days of the date of number of series for a given expiration Furthermore, the Exchange has not publication of this notice in the Federal date will not exceed twenty series. experienced any capacity-related Register or within such longer period (i) The Exchange has selected the problems with respect to Short Term as the Commission may designate up to following four options classes to Option Series. The Exchange also 90 days of such date if it finds such represents that is has the necessary longer period to be appropriate and 3 See Securities Exchange Act Release No. 52011 system capacity to continue to support publishes its reasons for so finding or (July 12, 2005), 70 FR 41451 (July 19, 2005) (SR– the option series listed under the (ii) as to which the self-regulatory CBOE–2004–63) (‘‘Weeklys Program Approval Order’’). The Weeklys Program has since been Weeklys Program. organization consents, the Commission extended and is currently scheduled to expire on In seeking permanent approval, the will: July 12, 2009. See Securities Exchange Act Release Exchange is taking this opportunity to (A) By order approve such proposed No. 53984 (June 14, 2006), 71 FR 35718 (June 21, propose certain non-substantive changes rule change, or 2006) (SR–CBOE–2006–48) (immediately effective rule change extending the Weeklys Program, which to reorganize the rule text related to the (B) Institute proceedings to determine would have otherwise expired on July 12, 2006, Weeklys Program so that applicable whether the proposed rule change through July 12, 2007), 56050 (July 11, 2007), 72 FR terms are located within a single section should be disapproved. 39472 (July 18, 2007) (SR–CBOE–2007–76) of Rules 5.5, and 24.9. Conforming, non- (immediately effective rule change extending the IV. Solicitation of Comments Weeklys Program through July 12, 2008); and 58094 substantive changes are being proposed (July 3, 2008), 73 FR 40000 (July 11, 2008) (SR– to the text of the Exchange’s Quarterlys Interested persons are invited to CBOE–2008–70) (immediately effective rule change Program. The revisions do not change submit written data, views and extending the Weeklys Program through July 12, the substance of either the Weeklys arguments concerning the foregoing, 2009); see also Securities Exchange Act Release including whether the proposed rule Nos. 54338 (August 21, 2006), 71 FR 50952 (August Program or the Quarterlys Program. change is consistent with the Act. 28, 2006) (SR–CBOE–2006–49) (order approving an 2. Statutory Basis amendment to the Weeklys Program that increased Comments may be submitted by any of the number of series that may be listed for a class The Exchange believes the proposed the following methods: selected to participate in the Weeklys Program from rule change is consistent with the Act 5 five series to seven series), and 58870 (October 28, and the rules and regulations Electronic Comments 2008), 73 FR 65430 (November 3, 2008) (SR–CBOE– • 2008–110) (immediately effective rule change thereunder and, in particular, the Use the Commission’s Internet increasing the number of series that may be listed requirements of Section 6(b) of the Act.6 comment form (http://www.sec.gov/ for a classes selected to participate in the Weeklys Specifically, the Exchange believes the rules.sro.shtml); or Program from seven series to twenty series). proposed rule change is consistent with • Send an e-mail to rule- 4 For example, if seven series are initially opened, there will be at least three strike prices above and [email protected]. Please include File three strike prices below the value of the underlying 5 15 U.S.C. 78s(b)(1). security or calculated index value. 6 15 U.S.C. 78f(b). 7 15 U.S.C. 78f(b)(5).

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Number SR–CBOE–018 on the subject SECURITIES AND EXCHANGE Rule 2114 in the Consolidated FINRA line. COMMISSION Rulebook, subject to certain amendments including those contained Paper Comments [Release No. 34–59605; File No. SR–FINRA– in Amendment No. 1 discussed further 2008–055] • Send paper comments in triplicate below. to Elizabeth M. Murphy, Secretary, Self-Regulatory Organizations; 1. The Current Rule Securities and Exchange Commission, Financial Industry Regulatory Authority, Inc.; Notice of Filing of NASD Rule 2315 is intended to 100 F Street, NE., Washington, DC address potential fraud and abuse in Amendment No. 1 and Order Granting 20549–1090. transactions involving securities not Accelerated Approval to a Proposed listed on an exchange and certain other All submissions should refer to File Rule Change, as Modified by higher risk securities. The rule Number SR–CBOE–2009–018. This file Amendment No. 1, To Adopt FINRA mandates that a member conduct a due number should be included on the Rule 2114 (Recommendations to diligence review of an issuer’s current subject line if e-mail is used. To help the Customers in OTC Equity Securities) in financial and business information Commission process and review your the Consolidated FINRA Rulebook before recommending a covered comments more efficiently, please use March 19, 2009. security. The rule supplements existing only one method. The Commission will FINRA rules and the Federal securities post all comments on the Commission’s I. Introduction law, including suitability obligations Internet Web site (http://www.sec.gov/ On November 4, 2008, the Financial and the requirement that any rules/sro.shtml). Copies of the Industry Regulatory Authority, Inc. recommendation to a customer have a submission, all subsequent (‘‘FINRA’’) (f/k/a National Association reasonable basis. The rule requirements amendments, all written statements of Securities Dealers, Inc. (‘‘NASD’’)) go beyond the basic suitability with respect to the proposed rule filed with the Securities and Exchange obligations to ensure that a registered change that are filed with the Commission (‘‘SEC’’ or ‘‘Commission’’), representative has, at a minimum, Commission, and all written pursuant to Section 19(b)(1) of the confirmed the existence of and reviewed communications relating to the Securities Exchange Act of 1934 essential information that reveals the proposed rule change between the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a financial condition and business Commission and any person, other than proposed rule change to adopt FINRA prospects of these riskier issuers. those that may be withheld from the Rule 2114 (Recommendations to Specifically, the rule requires a public in accordance with the Customers in OTC Equity Securities) in member to review ‘‘current financial provisions of 5 U.S.C. 552, will be the consolidated FINRA Rulebook. The statements’’ and ‘‘current material available for inspection and copying in proposed rule change was published for business information’’ before it recommends the purchase or short sale the Commission’s Public Reference comment in the Federal Register on of those securities that are published or Room, on business days between the December 10, 2008.3 The Commission received three comments in response to quoted in a ‘‘quotation medium’’ and hours of 10 a.m. and 3 p.m., located at are either (1) not listed on Nasdaq or a 100 F Street, NE., Washington, DC the proposed rule change.4 On February 13, 2009, FINRA filed Amendment No. national securities exchange or (2) are 20549. Copies of such filing also will be listed on a regional securities exchange available for inspection and copying at 1 to amend the proposed rule change and respond to the comment letters.5 and do not qualify for dissemination of the principal office of the Exchange. All transaction reports via the Consolidated comments received will be posted This order provides notice of the proposed rule change, as modified by Tape. Such securities may be more without change; the Commission does Amendment No. 1, and approves the susceptible to fraud and abuse because not edit personal identifying proposed rule change as amended on an they often are thinly capitalized or lack information from submissions. You accelerated basis. the profitability, liquidity or available should submit only information that business and financial information that you wish to make available publicly. All II. Description of the Proposed Rule listing standards require. The rule does submissions should refer to File Change not apply to recommendations to sell Number SR–CBOE–2009–018 and FINRA proposed to adopt NASD Rule long positions and also exempts certain should be submitted on or before April 2315 (Recommendations to Customers other transactions, including those with 16, 2009. in OTC Equity Securities) as FINRA an ‘‘institutional account’’ under NASD Rule 3110(c)(4), a ‘‘qualified For the Commission, by the Division of 1 institutional buyer’’ under Rule 144A of Trading and Markets, pursuant to delegated 15 U.S.C. 78s(b)(1). 2 the Securities Act of 1933 (‘‘Securities authority.8 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 59075 Act’’), or a ‘‘qualified purchaser’’ under Florence E. Harmon, (December 10, 2008), 73 FR 76429 (December 16, Section 2(a)(51) of the Investment Deputy Secretary. 2008) (SR–FINRA–2008–055) (‘‘Rulemaking Company Act of 1940.6 Notice’’). The rule defines ‘‘current financial [FR Doc. E9–6703 Filed 3–25–09; 8:45 am] 4 See Ronald C. Long, Director of Regulatory statements’’ to include balance sheets, BILLING CODE 8010–01–P Affairs, Wachovia Securities LLC, dated December 9, 2008 (‘‘Wachovia Letter’’); Dale E. Brown, CAE, statements of profit and loss and President and CEO, Financial Services Institute, dated January 6, 2009 (‘‘FSI Letter’’); and Amal Aly, 6 Among the other exemptions, the Rule’s Esq., Managing Director and Associate General requirements also do not apply to transactions that Counsel, Securities Industry and Financial Markets meet the requirements of Rule 504 of Regulation D Association, dated January 6, 2009 (‘‘SIFMA of the Securities Act; those involving a security of Letter’’). an issuer with at least $50 million in total assets 5 Amendment No. 1 permits a General Securities and $10 million in shareholder’s equity; and those Sales Supervisor (i.e., a Series 8 or Series 9/10 involving a security with worldwide average daily qualified supervisor) to perform certain reviews the trading volume value of at least $100,000 during proposed rule would otherwise have required a each of the six months preceding the 8 17 CFR 200.30–3(a)(12). Series 24 principal to perform or supervise. recommendation.

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publicly available financial statements convertible security where the dealer community, opposed the and reports. The definition makes underlying security satisfies the trading proposed rule change.14 certain distinctions between foreign volume exemption requirements. FINRA 1. Review by a Series 24 Principal private issuers and all other issuers. believes that the advent of the Internet FINRA has interpreted the term ‘‘current and the increased number of trading Proposed Rule 2114 would require a material business information’’ to mean venues has rendered that threshold member to conduct a due diligence information that is available or relates to unreliable to screen out less risky review of an issuer’s current financial events that have occurred in the 12 securities. and business information before months prior to the recommendation. Finally, as modified by Amendment recommending a covered security. The proposed rule provides that the due The proposed definition of ‘‘current No. 1, the proposed rule requires that diligence review must be performed by material business information,’’ the due diligence review must be a Series 24 registered principal, or by a discussed below, would supersede this conducted by a person registered as a 7 designee of the Series 24 registered prior interpretation. General Securities Principal (Series 24) principal, in which case the member The required review must be or General Securities Sales Supervisor must keep a record of the Series 24 conducted by a Series 24 principal or (Series 8 or 9/10), or someone principal who supervised the review. someone supervised by a Series 24 supervised by a General Securities Two commenters suggested that a principal. Members are required to keep Principal or General Securities Sales person with a Series 9/10 registration a written record of the information Supervisor.9 Members are required to should be permitted to perform the reviewed, the date of the review and the keep a written record of the information name of the person who conducted the reviews instead of Series 24 principals reviewed, the date of the review and the review. under the rule.15 One of those name of the person who conducted the commenters also suggested that a person 2. Proposed Changes to the Current Rule review. The proposed rule change with a Series 8 registration also should The proposed rule change would would add a requirement that, in the be permitted to perform these reviews.16 expand the scope of the rule to cover a event the person designated to perform In response to these comments, FINRA recommendation to buy any ‘‘OTC the review is not registered as a General amended the proposed rule to provide Equity Security,’’ irrespective of Securities Principal or General that either a General Securities Principal whether the security is published on a Securities Sales Supervisor, the member (i.e., a Series 24 principal) or a General quotation medium. The term ‘‘OTC must document the name of the General Securities Sales Supervisor (i.e., a Series Equity Security’’ would have the same Securities Principal or General 8 or 9/10 supervisor) may perform the meaning as in NASD Rule 6610 (which Securities Sales Supervisor who due diligence review.17 has been renumbered as FINRA Rule supervised the designated person. 6420 in the Consolidated FINRA FINRA believes this change will help 2. Expanded Scope of the Rule to Any Rulebook 8) and encompasses any non- document the person with supervising Non-Exempt OTC Equity Security exchange-listed security and certain responsibility in association with FINRA’s proposed rule is based on exchange-listed securities that do not review.10 existing NASD Rule 2315. This rule otherwise qualify for real-time trade III. Comment Letters requires a member to review ‘‘current dissemination. FINRA believes that financial statements’’ and ‘‘current those OTC Equity Securities not The Commission received three material business information’’ before it published on a quotation medium pose comments on the proposal,11 as well as recommends the purchase or short sale the same, if not greater, risk of fraud and FINRA’s response to comments,12 all of of securities that are published or manipulation that the rule seeks to which are discussed below. Two quoted in a ‘‘quotation medium’’ and redress. commenters, a full service brokerage are either (1) not listed on Nasdaq or a The proposed rule change also would firm and a trade association of securities national securities exchange or (2) are add a definition of ‘‘current material firms, banks and asset managers, offered listed on a regional securities exchange business information’’ to include qualified support for the proposed rule and do not qualify for dissemination of ‘‘information that is ascertainable change.13 One commenter, a trade transaction reports via the Consolidated through the reasonable exercise of association for the independent broker- Tape.18 The proposed rule change professional diligence and that a would expand the scope of the rule to reasonable person would take into 9 Series references relate to the relevant FINRA cover a recommendation to buy any account in reaching an investment qualifying examination series. The Series 8 ‘‘OTC Equity Security,’’ irrespective of decision.’’ examination was replaced by the Series 9 and 10 whether the security is published on a The proposed rule change would examinations effective August 16, 1999. A list of quotation medium. qualifying series examinations is available at eliminate the exemption from the rule FINRA’s Web site, http://www.finra.org. The proposed rule would also for a security with a worldwide average 10 Telephone conference among Philip Shaikun, eliminate the exemption in NASD Rule daily trading volume value of at least Associate Vice President and Associate General 2315(e)(1)(E) for a security with a $100,000 during each of the six calendar Counsel, FINRA, and Haimera Workie, Branch worldwide average daily trading volume Chief and Darren Vieira, Attorney Advisor, on value of at least $100,000 during each months preceding the recommendation, December 3, 2008. as well as a related exemption for a 11 Ronald C. Long, Director of Regulatory Affairs, month of the six full calendar months Wachovia Securities LLC, dated December 9, 2008 immediately before the date of the 7 Telephone conference among Philip Shaikun, (‘‘Wachovia Letter’’); Dale E. Brown, CAE, President recommendation, and a related Associate Vice President and Associate General and CEO, Financial Services Institute, dated exemption for a convertible security Counsel, FINRA, and Haimera Workie, Branch January 6, 2009 (‘‘FSI Letter’’); and Amal Aly, Esq., Chief, Securities and Exchange Commission, and Managing Director and Associate General Counsel, 14 Darren Vieira, Attorney Advisor, Commission, on Securities Industry and Financial Markets See FSI Letter. December 3, 2008. Association, dated January 6, 2009 (‘‘SIFMA 15 Wachovia and SIFMA Letters. 8 See Securities Exchange Act Release No. 58643 Letter’’). 16 SIFMA Letter. (September 25, 2008), 73 FR 57174 (October 1, 12 Letter from Philip Shaikun, Associate Vice 17 Amendment No. 1 to SR–FINRA–2008–055. 2008) (Order Approving SR–FINRA–2008–021; SR– President and Associate General Counsel, FINRA, 18 NASD Rule 2315 had not been amended to FINRA–2008–022; SR–FINRA–2008–026; SR– dated February 13, 2009 (‘‘FINRA Letter’’). reflect Nasdaq’s registration as a national securities FINRA–2008–028 and SR–FINRA–2008–029). 13 See SIFMA and Wachovia Letters. exchange.

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where the underlying security meets the market, absent the due diligence will help protect investors against fraud requirements of NASD Rule required by the rule, pose substantial in the trading of unlisted and certain 2315(e)(1)(E). Two commenters opposed risk to investors.26 FINRA also noted other securities and will clarify and eliminating this exemption.19 One that the proposal would apply only to streamline NASD Rule 2315 for commenter indicated that the recommendations (as does the current adoption as a FINRA Rule in the new elimination of the exemption would rule), and not to unsolicited Consolidated FINRA Rulebook. The require a due diligence review to be transactions, and therefore would not Commission has found NASD Rule conducted for large, well-capitalized deny investors access to the OTC Equity 2315, upon which the proposed rule is companies whose securities, in the Securities market. FINRA also disagreed based, to be consistent with the commenter’s opinion, likely do not pose that the proposal will result in requirements of the Act and the rules the type of risk that is intended to be processing delays for purchases of OTC and regulations thereunder applicable to addressed by the proposed rule.20 The Equity Securities, noting that the a national securities association.33 commenter also suggested, as an required due diligence should be The Commission also finds good alternative or in addition to the completed before the recommendation cause for approving Amendment No. 1 exemption for securities with a is made.27 to the proposed rule change prior to the thirtieth day after the date of worldwide average daily trading volume 3. Miscellaneous Comments value of over $100,000, that FINRA publication of notice in the Federal adopt an exemption based on the One commenter suggested that FINRA Register. Amendment No. 1 clarifies the underlying company’s market provide an exemption from the operation of the proposed rule in capitalization.21 FINRA responded that proposed rule for firms that (1) generate response to a comment. The changes in it proposed to eliminate average daily less than 5% of their commission Amendment No. 1 do not significantly trading volume and convertible security revenue from OTC Equity Securities alter the proposed rule which was exemptions out of concern that the transactions, and (2) do not make a subject to a full notice and comment advent of the Internet and the increased market in such securities.28 The period. The Commission finds that it is number of trading venues has rendered commenter asserted that such an in the public interest to approve the the trading volume threshold unreliable exemption would allow FINRA to meet proposed rule change, as modified by to screen out less risky securities.22 its investor protection goals without Amendment No. 1, as soon as possible FINRA noted that bringing certain larger causing ‘‘unintended consequences’’ to expedite its implementation. companies within the purview of the such as increasing compliance burdens Accordingly, the Commission finds that rule does not dissipate this investor or reducing competition.29 FINRA there is good cause, consistent with and protection concern, and FINRA stated that it believes that such an in furtherance of the objectives of 34 35 additionally noted that certain larger exemption would undermine the Sections 6(b)(5) and 19(b) of the companies may qualify for another purpose of the rule by allowing a Act, to approve Amendment No. 1 on an exemption to the rule applying to the significant volume of OTC Equity accelerated basis. securities of issuers that have at least Securities to escape the rule’s review V. Solicitation of Comments $50 million of total assets and $10 requirements.30 Interested persons are invited to million in shareholders’ equity.23 IV. Discussion and Commission submit written data, views and One commenter opposed any Findings arguments concerning the foregoing, expansion of the scope of the proposed including whether the proposed rule rule beyond the scope of the NASD After careful review of the proposed change, as modified by Amendment No. rule.24 In this commenter’s view, the rule change, the comments, and 1, is consistent with the Act. Comments expansion of the scope of the proposed FINRA’s response to the comments, the may be submitted by any of the rule would: (1) ‘‘result in reduced Commission finds that the proposed following methods: investor access to these securities by rule change is consistent with the increasing the barriers to entry in the requirements of the Act, and the rules Electronic Comments and regulations thereunder that are marketplace’’; (2) delay the processing • Use the Commission’s Internet of purchases of non-exempt OTC Equity applicable to a national securities association.31 In particular, the comment form (http://www.sec.gov/ Securities; (3) reduce competition as rules/sro.shtml); or firms leave the market of providing OTC Commission believes the proposed rule • change is consistent with the provisions Send an e-mail to rule- Equity Security execution; (4) subject 32 [email protected]. Please include File firms that remain in the market to of Section 15A(b)(6) of the Act, which requires, among other things, that Number SR–FINRA–2008–055 on the higher compliance burdens; and (5) subject line. cause ‘‘overwhelming’’ recordkeeping FINRA rules must be designed to and compliance burdens. FINRA prevent fraudulent and manipulative Paper Comments disagreed that the proposed amendment acts and practices, to promote just and • Send paper comments in triplicate would cause such deleterious effects.25 equitable principles of trade, and, in to Elizabeth M. Murphy, Secretary, FINRA stated that it believes investors general, to protect investors and the Securities and Exchange Commission, will be better protected by the proposed public interest. The Commission 100 F Street, NE., Washington, DC rule amendment because believes that the proposed rule change 20549–1090. recommendations of OTC Equity 26 Id. 33 See Order Approving Proposed Rule Change Securities that trade in the unlisted 27 Id. and Notice of Filing and Order Granting 28 FSI Letter. Accelerated Approval to Amendment No. 2 to the 19 SIFMA and FSI Letters. 29 Id. Proposed Rule Change by the National Association 20 SIFMA Letter. 30 FINRA Letter. of Securities Dealers, Inc. Relating to Microcap 21 Id. 31 In approving this proposal, the Commission has Initiative—Recommendation Rule, Securities 22 FINRA Letter. considered the proposed rule’s impact on Exchange Act Release No. 46376 (August 19, 2002), 23 Id. efficiency, competition and capital formation. See 67 FR 54832 (August 26, 2002) (SR–NASD–99–04). 24 FSI Letter. 15 U.S.C. 78c(f). 34 15 U.S.C. 78f(b)(5). 25 FINRA Letter. 32 15 U.S.C. 78o–3(b)(6). 35 15 U.S.C. 78s(b).

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All submissions should refer to File SECURITIES AND EXCHANGE Reference Room, and http:// Number SR–FINRA–2008–055. This file COMMISSION www.ise.com. number should be included on the II. Self-Regulatory Organization’s subject line if e-mail is used. To help the [Release No. 34–59600; File No. SR–ISE– Statement of the Purpose of, and 2009–09] Commission process and review your Statutory Basis for, the Proposed Rule comments more efficiently, please use Self-Regulatory Organizations; Change only one method. The Commission will International Securities Exchange, In its filing with the Commission, the post all comments on the Commission’s LLC; Notice of Filing and Immediate self-regulatory organization included Internet Web site (http://www.sec.gov/ Effectiveness of a Proposed Rule statements concerning the purpose of rules/sro.shtml). Copies of the Change to Amend Rule 623 and basis for the proposed rule change submission, all subsequent (Communications to Customers) and discussed any comments it received amendments, all written statements on the proposed rule change. The text with respect to the proposed rule March 19, 2009. of these statements may be examined at change that are filed with the Pursuant to Section 19(b)(1) of the the places specified in Item IV below. Commission, and all written Securities Exchange Act of 1934 (the The self-regulatory organization has communications relating to the ‘‘Exchange Act’’),1 and Rule 19b–4 prepared summaries, set forth in proposed rule change between the thereunder,2 notice is hereby given that sections A, B and C below. Commission and any person, other than on March 11, 2009, the International Securities Exchange, LLC (the A. Self-Regulatory Organization’s those that may be withheld from the Statement of the Purpose of, and public in accordance with the ‘‘Exchange’’ or the ‘‘ISE’’) filed with the Securities and Exchange Commission Statutory Basis for, the Proposed Rule provisions of 5 U.S.C. 552, will be Change available for inspection and copying in the proposed rule change, as described the Commission’s Public Reference in Items I and II below, which items 1. Purpose Room, 100 F Street, NE., Washington, have been prepared by the Exchange. On December 23, 2002, the ISE has designated the proposed rule DC 20549, on official business days Commission published final rules that change as constituting a non- between the hours of 10 a.m. and 3 p.m. exempt standardized options, as defined controversial rule change under Rule Copies of such filing also will be in Rule 9b–1 5 of the Exchange Act, that 19b–4(f)(6) under the Act,3 which available for inspection and copying at are issued by a registered clearing renders the proposal effective upon agency and traded on a registered the principal office of FINRA. All filing with the Commission. The comments received will be posted national securities exchange or on a Commission is publishing this notice to registered national securities without change; the Commission does solicit comments on the proposed rule not edit personal identifying association, from all provisions of the change from interested persons. Securities Act (other than the anti-fraud information from submissions. You provisions) and the registration should submit only information that I. Self-Regulatory Organization’s requirements of the Exchange Act.6 you wish to make available publicly. All Statement of the Terms of Substance of the Proposed Rule Change Because the Securities Act and the rules submissions should refer to File thereunder (other than the anti-fraud Number SR–FINRA–2008–055 and The Exchange proposes to remove or provisions) are no longer applicable to should be submitted on or before April otherwise amend elements of ISE Rule such standardized options, the 16, 2009. 623 (‘‘Communications to Customers’’) Exchange proposes to remove elements that incorporate provisions of the VI. Conclusions of the Securities Act that are embedded Securities Act of 1933 (‘‘Securities in ISE Rule 623. In particular, ISE 4 It is therefore ordered, pursuant to Act’’) because options traded on the proposes to remove all references to a Exchange consist solely of standardized Section 19(b)(2) of the Act,36 that the ‘‘prospectus’’ from Rule 623. options issued by the Options Clearing proposed rule change (SR–FINRA– Prospectuses are no longer required for Corporation (‘‘OCC’’), a registered 2008–055), as modified by Amendment such standardized options, and the OCC clearing agency, that are exempt under No. 1, be, and hereby is, approved on an has, in fact, ceased publication of a Rule 238 of the Securities Act from all 7 accelerated basis. prospectus. In addition, the proposed provisions of the Securities Act except amendments will update and reorganize For the Commission, by the Division of the antifraud provisions of Section 17. Rule 623. The proposed amendments Trading and Markets, pursuant to delegated Additionally, the proposed amendments are similar to amendments filed with authority.37 expand the types of communications and approved by the Commission by the Florence E. Harmon, governed by Rule 623 to include Financial Industry Regulatory Deputy Secretary. independently prepared reprints and Authority, Inc. and the Chicago Board [FR Doc. E9–6659 Filed 3–25–09; 8:45 am] other communications between a Options Exchange, and, if adopted, member or member organization and a would provide a more uniform BILLING CODE 8010–01–P customer. The proposed amendments also exempt certain options 5 17 CFR 240.9b–1. communications from the pre-approval 6 See Exemption for Standardized Options From requirement by a Registered Options Provisions of the Securities Act of 1933 and From the Registration Requirements of the Securities Principal (‘‘ROP’’). The text of the Exchange Act of 1934; Final Rule, Securities Act proposed rule change is available at the Release No. 8171 and Exchange Act Release No. Exchange, the Commission’s Public 47082 (December 23, 2002), 68 FR 188 (January 2, 2003). 7 1 The options disclosure document (‘‘ODD’’) 15 U.S.C. 78s(b)(1). prepared in accordance with Rule 9b–1 under the 2 17 CFR 240.19b–4. Exchange Act is not deemed to be a prospectus. 17 36 15 U.S.C. 78s(b)(2). 3 17 CFR 240 19b–4(f)(6). CFR 230.135b. See, e.g., Securities Act Release No. 37 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 77a et seq. 8049 (Dec. 21, 2001), 67 FR 228 (Jan. 2, 2002).

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approach to communications to c. Redesignation of Rule 623(c) to Exchange only with respect to options customers regarding standardized Proposed Rule 623(b) and Proposed communications used prior to the options.8 Amendments delivery of a current ODD. The Exchange pre-approval requirement for a. Deletion of Certain Provisions ISE proposes to redesignate paragraph (c) as paragraph (b). ISE also proposes options communications used As noted above, ISE Rule 623 contains to amend this paragraph to include the subsequent to the delivery of the ODD is being eliminated because the ODD a number of references to a prospectus types of communications proposed to be should help alert the customer to the and other Securities Act requirements. added to the definition of ‘‘Options characteristics and risks associated with The Exchange proposes to delete the Communications’’ in proposed Rule 623(a). Proposed Rules 623(b)(2) and trading in options and because Rule following from Rule 623: Rule 623(a)(4), 623(b) requires the Registered Options which references the Securities Act (b)(3) would also amend the current requirements to obtain advance Principal of a member organization to definition of prospectus; Rule 623(e), pre-approve options communications which incorporates Securities Act approval by a ROP for most options communications by exempting certain (with certain exceptions for principles in that it prohibits written options communications, defined as ‘‘Correspondence’’ and ‘‘Institutional material concerning options from being ‘‘Correspondence’’ and ‘‘Institutional Sales Material’’). This provision would furnished to any person who has not Sales Material.’’ Specifically, proposed also be amended to include the types of previously or contemporaneously Rule 623(b)(2) would exempt communications added to the definition received the ODD; Rule 623(a)(2), which correspondence from the pre-approval of ‘‘Options Communications’’ in defines the term ‘‘Educational requirement unless the correspondence proposed Rule 623(a). 9 Material;’’ Rule 623(g), which outlines is distributed to 25 or more existing e. Redesignation of Rule 623(b) to what is permitted in an retail customers within any 30 calendar- Proposed Rule 623(a) and Related ‘‘Advertisement;’’ 10 and Rule 623(h), day period and makes any financial or Amendments which concerns educational material.11 investment recommendation or Rule 623(b) currently defines terms otherwise promotes a product or service used in Rule 623. ISE proposes to b. Redesignation of Rule 623(a) to of the member. All correspondence redesignate paragraph (b) as paragraph Proposed Rule 623(d) and Related would be subject to general supervision (a). ISE also proposes to amend the Amendments and review requirements. Proposed Rule definition of ‘‘Options 623(b)(3) would exempt institutional Rule 623(a) currently contains an Communications’’ in proposed Rule sales material from the pre-approval outline of the ‘‘General Rule’’ for 623(a) to expand the types of requirement if the material is options communications. ISE proposes communications governed by Rule 623 distributed to ‘‘qualified investors’’ (as to redesignate paragraph (a) as to include independently prepared defined in Section 3(a)(54) of the reprints and other communications paragraph (d), and to incorporate Exchange Act).12 Pre-approval by a ROP between a member or member limitations on the use of options would, however, be required with organization and a customer. The communications contained in Rule respect to independently prepared Exchange proposes to amend the 623(f) into proposed Rule 623(d). In reprints. In addition, Proposed Rule definitions of ‘‘Advertisement’’ and addition, proposed Rule 623(d)(3) 623(b)(4) would require that firms retain ‘‘Sales Literature;’’ and define would amend Rule 623(a)(3) by options communications in accordance ‘‘Correspondence,’’ ‘‘Institutional Sales clarifying the types of cautionary with the record-keeping requirements of Material,’’ ‘‘Public Appearances,’’ and statements and caveats that are Rule 17a–4 under the Exchange Act.13 ‘‘Independently Prepared Reprints;’’ to prohibited. Also, as previously noted, Proposed Rule 623(b)(4) would also clarify the rule. In addition, as ISE proposes to delete Rule 623(a)(4). require that firms retain other related previously noted, ISE proposes to delete Further, current Rule 623(i) sets forth documents in the form and for the time the definition of ‘‘Educational the standards applicable to Sales periods required for options Material.’’ Literature and (i)(1) sets forth the communications by Rule 17a–4. f. Proposed Rule 623(e) requirement that Sales Literature shall d. Redesignation of Rule 623(d) to state that supporting documentation for Proposed Rule 623(c) and Related Proposed Rule 623(e) would set forth any claims, comparisons, Amendments (i) standards for options recommendations, statistics or other communications that are not preceded ISE proposes to redesignate paragraph technical data, will be supplied upon or accompanied by an ODD and (ii) (d) as paragraph (c). Rule 623(d) request. The Exchange proposed to standards for options communications currently requires members to obtain used prior to delivery of an ODD. These redesignate Rule 623(i)(1) as proposed approval for every advertisement and all Rule 623(d)(7). requirements generally would clarify educational material from the Exchange. and restate the requirements contained This requirement applies regardless of 8 See Exchange Act Release No. 57720 (Apr. 25, in the current Rule 623(i). Proposed whether the options communications Rule 623(e)(1)(B) would require options 2008), 73 FR 24332 (May 2, 2008) (SR FINRA– are used before or after the delivery of 2008–13), and Exchange Act Release No. 58823 communications to contain contact a current ODD. ISE proposes to amend (October 21, 2008), 73 FR 63747 (October 28, 2008) information for obtaining a copy of the (SR–CBOE 2007–30). this provision to require approval by the ODD. As previously noted, the 9 This paragraph essentially incorporates provisions of Rule 623(g) that outline language of Securities Act Rule 134a. While this 12 15 U.S.C. 78c(a)(54). 13 17 CFR 240.17a–4. More specifically, Rule 17a– what is permitted in an advertisement amendment would eliminate the separate are proposed to be deleted and the educational material category, as discussed below 4(b)(4) requires that a broker-dealer retain ‘‘originals the Exchange also proposes to revise the definition of all communications received and copies of all provisions relating to standards for communications sent * * * including all of Sales Literature to include educational material. options communications used prior to communications which are subject to rules of a self- 10 This paragraph essentially incorporates regulatory organization of which the member, delivery of the ODD are proposed to be language of Securities Act Rule 134. broker or dealer is a member regarding incorporated into proposed Rule 11 See note 9, supra. communications with the public.’’ 623(e)(2).

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g. Redesignation of Portions of Rule in that it is designed to foster delay period to permit the proposed rule 623(i) to Proposed Rule 623(g), cooperation and coordination with change to be implemented immediately. Proposed Rule 623(h), Proposed Rule persons engaged in regulating, clearing, The Commission notes that the 623(i), and Related Amendments settling, processing information with proposed rule change is substantially As stated above, the Exchange respect to, and facilitating transactions identical to a proposed rule change that proposes to redesignate Rule 623(i)(1) as in securities, to remove impediments to was approved by the Commission after 21 proposed Rule 623(d)(7). Current Rule and perfect the mechanism for a free an opportunity for public comment, 623(i)(2) pertains to standards for Sales and open market and a national market and does not raise any new substantive Literature that contains projected system, and, in general, to protect issues. For these reasons, the performance figures and current Rule investors and the public interest. Commission believes that waiver of the 22 623(i)(3) pertains to standards for Sales Specifically, this proposed rule change 30-day operative delay is consistent Literature that contains historical will promote consistency between ISE with the protection of investors and the performance figures. The Exchange and other SRO rules and provide the public interest and designates the proposes to redesignate Rule 623(i)(2) as investing public with options proposal operative upon filing. proposed Rule 623(g)(1) and Rule communications rules that are designed At any time within 60 days of the 623(i)(3) as proposed Rule 623(h). Rule to provide appropriate safeguards and filing of the proposed rule change, the 623(i) currently requires that a copy of greater clarity. Commission may summarily abrogate the ODD precede or accompany options such rule change if it appears to the B. Self-Regulatory Organization’s Commission that such action is related sales literature. The Exchange is Statement on Burden on Competition proposing to modify the ODD delivery necessary or appropriate in the public requirement applicable to sales The proposed rule change does not interest, for the protection of investors, literature to provide that an ODD must impose any burden on competition that or otherwise in furtherance of the precede or accompany any is not necessary or appropriate in purposes of the Act. communication that conveys past or furtherance of the purposes of the Act. IV. Solicitation of Comments projected performance figures involving C. Self-Regulatory Organization’s Interested persons are invited to options or constitutes a Statement on Comments on the submit written data, views, and recommendation pertaining to options. Proposed Rule Change Received From arguments concerning the foregoing, A notice providing the name and Members, Participants or Others including whether the proposed rule address of a person from whom the ODD change is consistent with the Act. may be obtained would be required in The Exchange has not solicited, and Comments may be submitted by any of sales literature that does not contain a does not intend to solicit, comments on the following methods: recommendation or past or projected this proposed rule change. The performance figures. Because ISE is Exchange has not received any written Electronic Comments comments from members or other proposing to merge educational material • Use the Commission’s Internet 14 interested parties. into the sales literature category, this comment form http://www.sec.gov/ amendment would continue to allow III. Date of Effectiveness of the rules/sro.shtml; or communications that are educational in Proposed Rule Change and Timing for • Send an e-mail to rule- nature to be disseminated without being Commission Action [email protected]. Please include File preceded or accompanied by a copy of Because the foregoing rule change: (1) No. SR–ISE–2009–09 on the subject the ODD. line. The Exchange proposes to redesignate Does not significantly affect the current Rule 623(i)(4) as proposed Rule protection of investors or the public Paper Comments interest; (2) does not impose any 623(i). The Exchange proposes to delete • Send paper comments in triplicate significant burden on competition and Rules 623(i)(5), (i)(6), and (i)(7). The to Elizabeth M. Murphy, Secretary, (3) by its terms, does not become Exchange believes that (i)(5) and (i)(6) Securities and Exchange Commission, operative for 30 days from the date on are unnecessary because worksheets are 100 F Street, NE., Washington, DC which it was filed, or such shorter time included in the definition of ‘‘Sales 20549–1090. as the Commission may designate, it has Literature.’’ The Exchange believes that All submissions should refer to File (i)(7) is no longer necessary because the become effective pursuant to Section 19(b)(3)(A) of the Act 17 and Rule 19b– Number SR–ISE–2009–09. This file Exchange is proposing to clarify the number should be included on the record-keeping requirements applicable 4(f)(6) 18 thereunder. A proposed rule change filed under subject line if e-mail is used. To help the to options communications in proposed Commission process and review your Rule 623(b)(4). Rule 19b–4(f)(6) 19 does not become operative prior to 30 days after the date comments more efficiently, please use 2. Statutory Basis of filing or such shorter time as the only one method. The Commission will The Exchange believes that the Commission may designate if such post all comments on the Commissions proposal is consistent with the action is consistent with the protection Internet Web site (http://www.sec.gov/ requirements of Section 6(b) of the of investors and the public interest. rules/sro.shtml). Copies of the Act,15 in general, and furthers the However, Rule 19b–4(f)(6) 20 permits the submission, all subsequent objectives of Section 6(b)(5) of the Act,16 Commission to designate a shorter time 21 ISE’s proposed rule change is substantially in particular, in that it is designed to if such action is consistent with the identical to a proposed rule change by the Chicago prevent fraudulent and manipulative protection of investors and the public Board Options Exchange (‘‘CBOE’’) that was acts and practices, to promote just and interest. The Exchange requests that the recently approved by the Commission. See equitable principles of trade, and to Commission waive the 30-day operative Exchange Act Release No. 58823 (October 21, 2008), protect investors and the public interest 73 FR 63747 (October 28, 2008) (SR–CBOE–2007– 30). 17 15 U.S.C. 78s(b)(3)(A). 22 For purposes only of waiving the 30-day 14 See Proposed Rule 623(a)(2). 18 17 CFR 240.19b–4(f)(6). operative delay, the Commission has considered the 15 15 U.S.C. 78f(b). 19 17 CFR 240.19b–4(f)(6). proposed rule’s impact on efficiency, competition, 16 15 U.S.C. 78f(b)(5). 20 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f).

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amendments, all written statements thereunder,4 which renders the proposal MSRB expects to file with the with respect to the proposed rule effective upon filing with the Commission in the near future a change that are filed with the Commission. The Commission is proposed rule change to establish the Commission, and all written publishing this notice to solicit permanent EMMA services, with a communications relating to the comments on the proposed rule change proposed date for commencement of proposed rule change between the from interested persons. operation of the permanent EMMA Commission and any person, other than I. Self-Regulatory Organization’s services on the later of (i) May 11, 2009 those that may be withheld from the Statement of the Terms of Substance of or (ii) the date announced by the MSRB public in accordance with the the Proposed Rule Change in a notice published on the MSRB Web provisions of 5 U.S.C. 552, will be site, which date shall be no earlier than available for inspection and copying in The MSRB is proposing to extend the ten business days after Commission the Commission’s Public Reference MSRB’s pilot of its Electronic Municipal approval of the permanent EMMA Room, 100 F Street, NE., Washington, Market Access system, currently services and shall be announced no DC 20549 on official business days operating as a facility of the MSRB’s fewer than five business days prior to between the hours of 10 a.m. and 3 p.m. Municipal Securities Information such date. Upon the permanent EMMA Copies of such filing also will be Library system (the ‘‘EMMA pilot’’), to services being approved and placed into available for inspection and copying at the earlier of July 1, 2009 or the date on operation, the permanent EMMA the principal office of the ISE. All which the MSRB places into operation services would replace the EMMA pilot, comments received will be posted EMMA’s permanent primary market at which time the EMMA pilot would be without change; the Commission does disclosure service for electronic terminated. not edit personal identifying submission and public availability on In order to maintain the EMMA pilot information from submissions. You EMMA’s Internet portal (the ‘‘EMMA in operation until the permanent EMMA should submit only information that portal’’) of official statements, advance services become operational, the MSRB you wish to make available publicly. All refunding documents and related is requesting that the Commission submissions should refer to File primary market documents and extend the EMMA pilot to the earlier of Number SR–ISE–2009–09 and should be information (the ‘‘primary market July 1, 2009 or the date on which the submitted on or before April 16, 2009. disclosure service’’) and permanent MSRB places into operation the For the Commission, by the Division of transparency service making municipal permanent EMMA services. Market Regulation, pursuant to delegated securities transaction price data authority.23 publicly available on the EMMA portal 2. Statutory Basis Florence E. Harmon, (the ‘‘trade price transparency service’’ The MSRB believes that the proposed Deputy Secretary. and, together with the primary market rule change is consistent with Section [FR Doc. E9–6617 Filed 3–25–09; 8:45 am] disclosure service, the ‘‘permanent 15B(b)(2)(C) of the Act,6 which provides EMMA services’’). The proposed rule BILLING CODE that the MSRB’s rules shall: change does not effect a change in be designed to prevent fraudulent and existing rule language. manipulative acts and practices, to promote SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s just and equitable principles of trade, to COMMISSION Statement of the Purpose of, and foster cooperation and coordination with Statutory Basis for, the Proposed Rule persons engaged in regulating, clearing, [Release No. 34–59602; File No. SR–MSRB– settling, processing information with respect 2009–01] Change to, and facilitating transactions in municipal In its filing with the Commission, the securities, to remove impediments to and Self-Regulatory Organizations; MSRB included statements concerning perfect the mechanism of a free and open Municipal Securities Rulemaking the purpose of and basis for the market in municipal securities, and, in Board; Notice of Filing and Immediate proposed rule change and discussed any general, to protect investors and the public Effectiveness of Proposed Rule comments it received on the proposed interest. Change To Extend the Electronic rule change. The text of these statements The MSRB believes that the proposed Municipal Market Access System Pilot may be examined at the places specified rule change is consistent with the Act. March 19, 2009. in Item IV below. The MSRB has The extension of the EMMA pilot will Pursuant to Section 19(b)(1) of the prepared summaries, set forth in continue to remove impediments to and Securities Exchange Act of 1934 Sections A, B, and C below, of the most help perfect the mechanisms of a free (‘‘Act’’),1 and Rule 19b–4 thereunder,2 significant aspects of such statements. and open market in municipal notice is hereby given that on March 18, securities, assist in preventing A. Self-Regulatory Organization’s fraudulent and manipulative acts and 2009, the Municipal Securities Statement of the Purpose of, and Rulemaking Board (‘‘MSRB’’ or practices, and will in general promote Statutory Basis for, the Proposed Rule investor protection and the public ‘‘Board’’), filed with the Securities and Change Exchange Commission (‘‘Commission’’) interest by ensuring equal access for all the proposed rule change as described 1. Purpose market participants to the critical in Items I, II and III below, which Items The Commission has previously disclosure information needed by have been substantially prepared by the approved the operation by the MSRB of investors in the municipal securities MSRB. The MSRB has filed the proposal the EMMA pilot for a period of one year market. as a ‘‘non-controversial’’ rule change from the date the EMMA pilot became B. Self-Regulatory Organization’s pursuant to Section 19(b)(3)(A)(iii) of operational.5 The EMMA pilot became Statement on Burden on Competition the Act,3 and Rule 19b–4(f)(6) operational on March 31, 2008. The The Board does not believe that the 23 proposed rule change will impose any 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6). 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Act Release No. 57577 burden on competition not necessary or 2 17 CFR 240.19b–4. (March 28, 2008), 73 FR 18022 (April 2, 2008) (File 3 15 U.S.C. 78s(b)(3)(A)(iii). No. SR–MSRB–2007–06). 6 15 U.S.C. 78o–4(b)(2)(C).

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appropriate in furtherance of the before its scheduled expiration. The rules/sro.shtml). Copies of the purposes of the Act. Documents and Commission hereby grants the MSRB’s submission, all subsequent information provided through the request and believes that waiving the amendments, all written statements EMMA pilot will continue to be 30-day operative delay is consistent with respect to the proposed rule available to all persons on an equal with the protection of investors and the change that are filed with the basis. The MSRB will continue to make public interest.10 The extension of the Commission, and all written its official statement and advance EMMA pilot will ensure that there is no communications relating to the refunding document collection available lapse in the availability to the public of proposed rule change between the by subscription on an equal basis the documents and information Commission and any person, other than without imposing restrictions on currently made available on the EMMA those that may be withheld from the subscribers from re-disseminating such portal prior to the commencement of public in accordance with the documents or otherwise offering value- operations of the permanent EMMA provisions of 5 U.S.C. 552, will be added services and products based on services. available for inspection and copying in such documents on terms determined At any time within 60 days of the the Commission’s Public Reference by each subscriber. The MSRB believes filing of the proposed rule change, the Room, 100 F Street, NE., Washington, that any incidental impact of the Commission may summarily abrogate DC 20549, on official business days extension of the EMMA pilot on such rule change if it appears to the between the hours of 10 a.m. and 3 p.m. commercial enterprises would not Commission that such action is Copies of such filing also will be create an unequal burden among such necessary or appropriate in the public available for inspection and copying at enterprises and would be substantially interest, for the protection of investors, the principal office of the MSRB. All outweighed by the benefits provided by or otherwise in furtherance of the comments received will be posted the continuation of the EMMA pilot in purposes of the Act.11 without change; the Commission does removing impediments to and helping IV. Solicitation of Comments not edit personal identifying to perfect the mechanisms of a free and information from submissions. You open market in municipal securities, Interested persons are invited to should submit only information that assisting in the prevention of fraudulent submit written data, views, and you wish to make available publicly. All and manipulative acts and practices, arguments concerning the foregoing, submissions should refer to File and generally promoting investor including whether the proposed rule Number SR–MSRB–2009–01 and should protection and the public interest. change is consistent with the Act. be submitted on or before April 16, Comments may be submitted by any of 2009. C. Self-Regulatory Organization’s the following methods: Statement on Comments on the For the Commission, by the Division of Electronic Comments Trading and Markets, pursuant to delegated Proposed Rule Change Received from authority.12 Members, Participants or Others • Use the Commission’s Internet comment form (http://www.sec.gov/ Florence E. Harmon, Written comments were neither rules/sro.shtml); or Deputy Secretary. solicited nor received with respect to • Send an e-mail to rule- [FR Doc. E9–6616 Filed 3–25–09; 8:45 am] the extension of the EMMA pilot. [email protected]. Please include File BILLING CODE 8010–01–P III. Date of Effectiveness of the Number SR–MSRB–2009–01 on the Proposed Rule Change and Timing for subject line. Commission Action SECURITIES AND EXCHANGE Paper Comments COMMISSION The MSRB represented that the • Send paper comments in triplicate proposed rule change qualifies for [Release No. 34–59610; File No. SR– to Elizabeth M. Murphy, Secretary, NASDAQ–2009–023] immediate effectiveness pursuant to Securities and Exchange Commission, 7 Section 19(b)(3)(A) of the Act and Rule 100 F Street, NE., Washington, DC 8 Self-Regulatory Organizations; The 19b–4(f)(6) thereunder because it: (i) 20549–1090. NASDAQ Stock Market LLC; Notice of does not significantly affect the All submissions should refer to File Filing and Immediate Effectiveness of protection of investors or the public Number SR–MSRB–2009–01. This file Proposed Rule Change Relating to interest; (ii) does not impose any number should be included on the Trading the Two-Character Ticker significant burden on competition; and subject line if e-mail is used. To help the Symbol ‘‘UG’’ (iii) by its terms, does not become Commission process and review your operative for 30 days after the date of comments more efficiently, please use March 20, 2009. the filing, or such shorter time as the only one method. The Commission will Pursuant to Section 19(b)(1) of the Commission may designate if consistent Securities Exchange Act of 1934 post all comments on the Commission’s 1 2 with the protection of investors and the Internet Web site (http://www.sec.gov/ (‘‘Act’’), and Rule 19b–4 thereunder, public interest.9 notice is hereby given that on March 13, The MSRB has requested that the 10 The MSRB provided the written notice 2009, The NASDAQ Stock Market LLC Commission waive the 30-day operative required under Rule 19b–4(f)(6)(iii) on March 13, (‘‘Nasdaq’’) filed with the Securities and delay, so that the proposed rule change 2009 and requested that the Commission waive the Exchange Commission (‘‘Commission’’) may become operative upon filing and five business day notification period. The the proposed rule change as described ensure that the EMMA pilot is extended Commission hereby grants the MSRB’s request and believes that waiving the five business day in Items I, II, and III below, which Items notification period is consistent with the protection have been prepared by Nasdaq. Nasdaq 7 15 U.S.C. 78s(b)(3)(A). of investors and the public interest. For the has filed this proposal pursuant to 8 17 CFR 240.19b–4(f)(6). purposes only of accelerating the operative date of Section 19(b)(3)(A) of the Act 3 and Rule 9 In addition, Rule 19b–4(f)(6)(iii) requires a self- this proposal, the Commission has considered the regulatory organization to give the Commission proposed rule change’s impact on efficiency, 12 written notice of its intent to file the proposed rule competition, and capital formation. See 15 U.S.C. 17 CFR 200.30–3(a)(12). change at least five business days prior to the date 78c(f). 1 15 U.S.C. 78s(b)(1). of filing of the proposed rule change, or such 11 See Section 19(b)(3)(C) of the Act, 15 U.S.C. 2 17 CFR 240.19b–4. shorter time as designated by the Commission. 78s(b)(3)(C). 3 15 U.S.C. 78s(b)(3)(A).

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19b–4(f)(5) thereunder,4 which renders market participants about this change believes that permitting United- the proposal effective upon filing with again on March 1, 2007, stressing that Guardian to maintain its symbol will the Commission. The Commission is ‘‘[a]ll customers should have completed enhance competition among exchanges publishing this notice to solicit their coding and testing efforts to ensure by removing concerns about investor comments on the proposed rule change their readiness to support 1-, 2- and 3- confusion surrounding its symbol from from interested persons. character NASDAQ-listed issues,’’ 7 and the factors a company must consider on March 22, 2007, Delta Financial I. Self-Regulatory Organization’s when choosing where to list its equities. Corporation transferred to Nasdaq from Statement of the Terms of the Substance This proposal is also consistent with the the American Stock Exchange and of the Proposed Rule Change historical practice of allowing maintained its three-character symbol, companies to maintain their symbols Nasdaq proposes to trade the common 8 DFC. Subsequently, the Commission when they switch among national stock of United-Guardian, Inc. on approved a rule change to permit any securities exchanges 12 and with the Nasdaq using the two-character symbol company to transfer from another Commission’s recent approval of a ‘‘UG’’. exchange to Nasdaq and maintain its national symbology plan, which, when 9 II. Self-Regulatory Organization’s three-character symbols. During 2008, operative, will permit the portability of Statement of the Purpose of, and several companies transferred from the symbols.13 New York Stock Exchange and the Statutory Basis for, the Proposed Rule Given the foregoing, Nasdaq believes Change American Stock Exchange (now NYSE Amex) and maintained their two- that market participants were provided In its filing with the Commission, character symbols.10 There have been adequate notice of this change and are Nasdaq included statements concerning no trading problems reported to Nasdaq prepared to accommodate the trading of the purpose of and basis for the as a result of listing securities on this company on Nasdaq using the proposed rule change and discussed any Nasdaq with two-character or three- symbol UG. Further, Nasdaq believes comments it received on the proposed character symbols. that any change to the symbol will cause rule change. The text of these statements Nasdaq now proposes to allow confusion among investors and market may be examined at the places specified United-Guardian, Inc, which currently participants. As such, Nasdaq proposes in Item IV below. Nasdaq has prepared trades on NYSE Amex with the two- to begin trading the common stock of summaries, set forth in Sections A, B, character symbol UG, to transfer its United-Guardian, Inc. on Nasdaq using and C below, of the most significant common stock to Nasdaq and continue the symbol UG on March 16, 2009. aspects of such statements. using that two-character symbol. Nasdaq 2. Statutory Basis A. Self-Regulatory Organization’s believes that allowing this company to Statement of the Purpose of, and maintain its symbol will reduce investor Nasdaq believes that the proposed Statutory Basis for, the Proposed Rule confusion and promote competition rule change is consistent with the Change among exchanges. Specifically, allowing provisions of Section 6 of the Act, in United-Guardian to maintain its trading 1. Purpose general and with Section 6(b)(5) of the symbol will reduce investor confusion Act, in particular, in that it is designed Historically, securities listed on associated with its transfer to Nasdaq to prevent fraudulent and manipulative Nasdaq have traded using four or five because investors will continue to be 5 acts and practices, to promote just and character symbols. In 2005, however, able to obtain quotations and execute equitable principles of trade, remove Nasdaq announced its intent to allow trades using the same familiar symbol impediments to a free and open market companies listed on Nasdaq to also use and will allow the issuer to maintain a and a national market system, and, in one, two or three character symbols symbol that has become a part of its general, to protect investors and the beginning on January 31, 2007.6 This 11 identity to investors. Further, Nasdaq public interest. As described above, the announcement was designed to provide proposed rule change will reduce market participants and vendors the 7 Head Trader Alert 2007–050 (March 1, 2007), investor confusion and encourage time needed to make required changes available at: http://www.nasdaqtrader.com/ competition between national securities to their own systems that may be TraderNews.aspx?id=hta2007-050. 8 See Securities Exchange Act Release No. 55519 exchanges. affected by the change. Since February (March 26, 2007) 72 FR 15737 (April 2, 2007) (SR– 20, 2007, Nasdaq has had the ability to NASDAQ–2007–025). B. Self-Regulatory Organization’s accept and distribute Nasdaq-listed 9 See Securities Exchange Act Release No. 56028 Statement on Burden on Competition securities with one, two or three (July 9, 2007), 72 FR 38639 (July 13, 2007) (approving SR–NASDAQ–2007–031). Over 45 Nasdaq does not believe that the character symbols. Nasdaq reminded companies with three-character symbols have listed on Nasdaq. proposed rule change will result in any 4 17 CFR 240.19b–4(f)(6) [sic]. 10 See Securities Exchange Act Release No. 57696 burden on competition that is not 5 This includes securities listed on Nasdaq’s (April 22, 2008) 73 FR 22987 (April 28, 2008) (SR– necessary or appropriate in furtherance predecessor market, operated as a facility of the NASDAQ–2008–034 relating to CA, Inc. listing on of the purposes of the Act, as amended. NASD. Nasdaq using the symbol CA); Exchange Act 6 See Head Trader Alert 2005–133 (November 14, Release No. 57875 (May 27, 2008) 73 FR 31524 withdrawal, via a press release and, if it has a 2005), available at: http://www.nasdaqtrader.com/ (June 2, 2008) (SR–NASDAQ–2008–047 relating to publicly accessible Web site, on that Web site. See TraderNews.aspx?id=hta2005-133 and Vendor Alert Hawaiian Holdings, Inc. listing on Nasdaq using the Exchange Act Rule 12d2–2(c)(2)(iii), 17 CFR 2005–070 (November 14, 2005), available at: http:// symbol HA); Exchange Act Release No. 58684 240.12d2–2(c)(2)(iii). (September 30, 2008.) 73 FR 58281 (October 6, www.nasdaqtrader.com/ 12 See, e.g., Darwin Professional Underwriters, Inc TraderNews.aspx?id=nva2005-070. See also Head 2008) (SR–NASDAQ–2008–075 relating to Tech/ (from NYSE Arca to NYSE keeping the symbol DR), Trader Alert 2006–144 (September 29, 2006), Ops Sevcon, Inc. listing on Nasdaq using the Chile Fund, Inc. (from NYSE to Amex keeping the available at: http://www.nasdaqtrader.com/ symbol TO). TraderNews.aspx?id=hta2006-144, Head Trader 11 A market transfer will still be transparent to symbol CH), and iShares NYSE 100 (from NYSE to Alert 2006–193 (November 16, 2006), available at: investors because, under the Commission’s rules, a NYSE Arca keeping the symbol NY). http://www.nasdaqtrader.com/ company must announce the transfer of its listing 13 See Securities Exchange Act Release No. 58904 TraderNews.aspx?id=hta2006-193 and Vendor Alert on a Form 8–K. See Form 8–K, item 3.01(d). In (November 6, 2008) 73 FR 67218 (November 13, 2006–065 (October 4, 2006), available at: http:// addition, the issuer must publish notice of its intent 2008) (File No. 4–533, approving the National www.nasdaqtrader.com/ to withdraw a class of securities from listing and/ Market System Plan for the selection and TraderNews.aspx?id=nva2006-065. or registration, along with its reasons for such reservation of securities symbols).

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C. Self-Regulatory Organization’s post all comments on the Commission’s pursuant to Section 19(b)(3)(A)(ii) of the Statement on Comments on the Internet Web site (http://www.sec.gov/ Act 2 and Rule 19b–4(f)(2) 3 thereunder Proposed Rule Change Received From rules/sro.shtml). Copies of the so that the proposal was effective upon Members, Participants, or Others submission, all subsequent filing with the Commission. The Written comments were neither amendments, all written statements Commission is publishing this notice to solicited nor received. with respect to the proposed rule solicit comments on the proposed rule change that are filed with the change from interested persons. III. Date of Effectiveness of the Commission, and all written I. Self-Regulatory Organization’s Proposed Rule Change and Timing for communications relating to the Commission Action Statement of the Terms of Substance of proposed rule change between the the Proposed Rule Change The foregoing rule change has become Commission and any person, other than effective pursuant to Section 19(b)(3)(A) those that may be withheld from the The proposed rule change amends the of the Act 14 and Rule 19b–4(f)(5) public in accordance with the methodology of the calculation of thereunder 15 in that it effects a change provisions of 5 U.S.C. 552, will be NSCC’s tiered trade netting fee from to an order-entry or trading system that: available for inspection and copying in being computed on the basis of daily (i) Does not significantly affect the the Commission’s Public Reference average volume to a monthly volume protection of investors or the public Room, 100 F Street, NE., Washington, basis. interest; (ii) does not impose any DC 20549, on official business days II. Self-Regulatory Organization’s significant burden on competition; and between the hours of 10 a.m. and 3 p.m. Statement of the Purpose of, and (iii) does not have the effect of limiting Copies of such filing also will be Statutory Basis for, the Proposed Rule the access to or availability of the available for inspection and copying at Change system. As such, this proposed rule the principal office of Nasdaq. All In its filing with the Commission, change is effective upon the comments received will be posted NSCC included statements concerning Commission’s receipt of this filing. without change; the Commission does the purpose of and basis for the At any time within 60 days of the not edit personal identifying proposed rule change and discussed any filing of a rule change pursuant to information from submissions. You comments it received on the proposed Section 19(b)(3)(A) of the Act, the should submit only information that rule change. The text of these statements Commission may summarily abrogate you wish to make available publicly. All may be examined at the places specified the rule change if it appears to the submissions should refer to File in Item IV below. NSCC has prepared Commission that such action is Number SR–NASDAQ–2009–023 and summaries, set forth in sections (A), (B), necessary or appropriate in the public should be submitted on or before April and (C) below, of the most significant interest, for the protection of investors, 16, 2009. aspects of such statements.4 or otherwise in furtherance of the For the Commission, by the Division purposes of the Act. of Trading and Markets, pursuant to (A) Self-Regulatory Organization’s delegated authority.16 Statement of the Purpose of, and IV. Solicitation of Comments Statutory Basis for, the Proposed Rule Interested persons are invited to Florence E. Harmon, Change submit written data, views, and Deputy Secretary. The purpose of the proposed rule arguments concerning the foregoing, [FR Doc. E9–6719 Filed 3–25–09; 8:45 am] change is to amend NSCC’s fee structure including whether the proposed rule BILLING CODE 8010–01–P as set forth in Addendum A to NSCC’s change is consistent with the Act. Rules to change the methodology of the Comments may be submitted by any of calculation of NSCC’s tiered trade the following methods: SECURITIES AND EXCHANGE COMMISSION netting fee from being calculated on the Electronic Comments basis of daily average volume to the • [Release No. 34–59607; File No. SR–NSCC– basis of monthly volume. The current Use the Commission’s Internet 2009–02] comment form (http://www.sec.gov/ tiered structure for the netting fee 5 rules/sro.shtml); or Self-Regulatory Organizations; became effective on January 2, 2009; • Send an e-mail to rule- National Securities Clearing however, that calculation methodology [email protected]. Please include File Corporation; Notice of Filing and caused systems difficulties that will be Number SR–NASDAQ–2009–023 on the Immediate Effectiveness of a Proposed remedied by computing the charge on subject line. Rule Change Relating to the Tiered the basis of monthly volume. This Trade Netting Fee change will not have a material impact Paper Comments on the total fee amounts charged • Send paper comments in triplicate March 19, 2009. members on their monthly billing to Elizabeth M. Murphy, Secretary, Pursuant to Section 19(b)(1) of the statements. NSCC will commence use of Securities and Exchange Commission, Securities Exchange Act of 1934 the revised methodology for billing 100 F Street, NE., Washington, DC (‘‘Act’’),1 notice is hereby given that on statements reflecting February 2009 20549–1090. February 27, 2009, National Securities activity. All submissions should refer to File Clearing Corporation (‘‘NSCC’’) filed The proposed rule change is Number SR–NASDAQ–2009–023. This with the Securities and Exchange consistent with the requirements of the file number should be included on the Commission (‘‘Commission’’) the Act and the rules and regulations subject line if e-mail is used. To help the proposed rule change as described in Commission process and review your Items I, II, and III below, which items 2 15 U.S.C. 78s–1(b)(3)(A)(ii). comments more efficiently, please use have been prepared primarily by NSCC. 3 17 CFR 240.19b–4(f)(2). 4 The Commission has modified parts of these only one method. The Commission will NSCC filed the proposed rule change statements. 5 Securities Exchange Act Release No. 59285 14 15 U.S.C. 78s(b)(3)(A). 16 17 CFR 200.30–3(a)(12). (January 23, 2009), 74 FR 5875 (February 2, 2009) 15 17 CFR 240.19b–4(f)(5). 1 15 U.S.C. 78s(b)(1). (File No. SR–NSCC–2008–13).

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thereunder because it updates NSCC’s number should be included on the thereunder,2 a proposed rule change to fee schedule. As such, it provides for subject line if e-mail is used. To help the introduce its NYSE Trades service, a the equitable allocation of fees among Commission process and review your new NYSE-only market data service that its participants. comments more efficiently, please use allows a vendor to redistribute on a real- only one method. The Commission will time basis the same last sale information (B) Self-Regulatory Organization’s post all comments on the Commission’s that NYSE reports to the Consolidated Statement on Burden on Competition Internet Web site (http://www.sec.gov/ Tape Association (‘‘CTA’’) for inclusion NSCC does not believe that the rules/sro.shtml). Copies of the in the CTA’s consolidated data stream proposed rule change will have any submission, all subsequent and certain other related data elements impact or impose any burden on amendments, all written statements (‘‘NYSE Last Sale Information’’), and to competition. with respect to the proposed rule establish fees for that service. The (C) Self-Regulatory Organization’s change that are filed with the proposed rule change was published for Statement on Comments on the Commission, and all written comment in the Federal Register on 3 Proposed Rule Change Received From communications relating to the February 4, 2009. The Commission Members, Participants, or Others proposed rule change between the received no comment letters on the Commission and any person, other than proposal. This order approves the Written comments relating to the those that may be withheld from the proposed rule change. proposed rule change have not yet been public in accordance with the II. Description of the Proposal solicited or received. NSCC will notify provisions of 5 U.S.C. 552, will be the Commission of any written available for inspection and copying in The Exchange proposes to introduce comments received by NSCC. the Commission’s Public Reference NYSE Trades, a new service pursuant to III. Date of Effectiveness of the Room, 100 F Street, NE., Washington, which it will allow vendors, broker- Proposed Rule Change and Timing for DC 20549, on official business days dealers, and others (‘‘NYSE-Only Commission Action between the hours of 10 a.m. and 3 p.m. Vendors’’) to make available NYSE Last Copies of such filing also will be Sale Information on a real-time basis. The foregoing rule change has become available for inspection and copying at NYSE Last Sale Information would effective pursuant to Section the principal office of NSCC. All include last sale information for all 19(b)(3)(A)(ii) of the Act 6 and Rule 19b– comments received will be posted securities that are traded on the 4(f)(2) 7 promulgated thereunder without change; the Commission does Exchange. The Exchange will make because the proposal changes a due, fee, not edit personal identifying NYSE Last Sale Information available or other charge applicable only to a information from submissions. You through its new NYSE Trades service at member. At any time within sixty days should submit only information that the same time as it provides last sale of the filing of the proposed rule change, you wish to make available publicly. All information to the processor under the the Commission may summarily submissions should refer to File CTA Plan. In addition to the abrogate such rule change if it appears Number SR–NSCC–2009–02 and should information that the Exchange provides to the Commission that such action is be submitted on or before April 16, to CTA, NYSE Last Sale Information necessary or appropriate in the public 2009. will also include a unique sequence interest, for the protection of investors, number that the Exchange assigns to For the Commission by the Division of or otherwise in furtherance of the each trade and that allows an investor purposes of the Act. Trading and Markets, pursuant to delegated authority.8 to track the context of the trade through IV. Solicitation of Comments Florence E. Harmon, other Exchange market data products, such as NYSE OpenBook® and NYSE Interested persons are invited to Deputy Secretary. ® submit written data, views, and Info Tools . [FR Doc. E9–6721 Filed 3–25–09; 8:45 am] The Exchange proposes to charge arguments concerning the foregoing, BILLING CODE 8010–01–P including whether the proposed rule $1500 per month for the receipt of change is consistent with the Act. access to all of the datafeeds of NYSE Last Sale Information that the Exchange Comments may be submitted by any of SECURITIES AND EXCHANGE 4 the following methods: COMMISSION will make available. In addition, the Exchange proposes to charge each Electronic Comments [Release No. 34–59606; File No. SR–NYSE– subscriber to an NYSE-Only Vendor’s 2009–04] • Use the Commission’s Internet NYSE Trades service $15 per month per display device for the receipt and use of comment form (http://www.sec.gov/ Self-Regulatory Organizations; New NYSE Last Sale Information.5 rules/sro.shtml); or York Stock Exchange LLC; Order • Send an e-mail to rule- NYSE represents that no investors or Approving Proposed Rule Change To broker-dealers are required to subscribe [email protected]. Please include File Establish Fees for NYSE Trades Number SR–NSCC–2009–02 on the to the product, as they can find the same subject line. March 19, 2009. NYSE last sale prices either in the

Paper Comments I. Introduction 2 17 CFR 240.19b–4. • Send paper comments in triplicate On January 27, 2009, the New York 3 See Securities Exchange Act Release No. 59309 to Elizabeth M. Murphy, Secretary, Stock Exchange LLC (‘‘NYSE’’ or (January 28, 2009), 74 FR 5955 (February 4, 2009). 4 Currently, the Exchange trades only Network A Securities and Exchange Commission, ‘‘Exchange’’) filed with the Securities securities. The Exchange does not propose to 100 F Street, NE., Washington, DC and Exchange Commission impose any program classification charges for the 20549–1090. (‘‘Commission’’), pursuant to Section use of NYSE Trades. All submissions should refer to File 19(b)(1) of the Securities Exchange Act 5 The Exchange proposes to use the revised unit Number SR–NSCC–2009–02. This file of 1934 (‘‘Act’’) 1 and Rule 19b–4 of count methodology to determine the device fees payable by data recipients applicable to NYSE OpenBook® products. See Securities Exchange Act 6 15 U.S.C. 78s(b)(3)(A)(ii). 8 17 CFR 200.30–3(a)(12). Release No. 59544 (March 9, 2009), 74 FR 11162 7 17 CFR 240.19b–4(f)(2). 1 15 U.S.C. 78s(b)(1). (March 16, 2009) (SR–NYSE–2008–131).

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Exchange’s NYSE Realtime Reference with Section 6(b)(4) of the Act,10 which that the terms of an exchange’s fee Prices service,6 or integrated with the requires that the rules of a national proposal are equitable, fair, reasonable, prices that other markets make available securities exchange provide for the and not unreasonably or unfairly under the CTA Plan. NYSE anticipates equitable allocation of reasonable dues, discriminatory.’’ 17 If an exchange ‘‘was that, even though NYSE Trades’ Last fees, and other charges among its subject to significant competitive forces Sale Information provides a less members and issuers and other parties in setting the terms of a proposal,’’ the expensive alternative to the using its facilities, and Section 6(b)(5) of Commission will approve a proposal consolidated price information that the Act,11 which requires, among other unless it determines that ‘‘there is a investors and broker-dealers receive things, that the rules of a national substantial countervailing basis to find from CTA, the information that NYSE securities exchange be designed to that the terms nevertheless fail to meet contributes to the CTA consolidated promote just and equitable principles of an applicable requirement of the datafeed and the low latency of the CTA trade, to remove impediments to and Exchange Act or the rules datafeed will continue to satisfy the perfect the mechanism of a free and thereunder.’’ 18 needs of the vast majority of individual open market and a national market As noted in the NYSE Arca Order, the and professional investors. The system and, in general, to protect standards in Section 6 of the Act and Exchange developed NYSE Trades investors and the public interest, and Rule 603 of Regulation NMS do not primarily at the request of traders who not be designed to permit unfair differentiate between types of data and are very latency sensitive and discrimination between customers, therefore apply to exchange proposals to anticipates that demand for the product issuers, brokers, or dealers. distribute both core data and non-core will derive primarily from investors and The Commission also finds that the data. Core data is the best-priced broker-dealers who desire to use NYSE proposed rule change is consistent with quotations and comprehensive last-sale Trades to power certain trading the provisions of Section 6(b)(8) of the reports of all markets that the algorithms or smart order routers.7 Act,12 which requires that the rules of Commission, pursuant to Rule 603(b), The Exchange will require NYSE- an exchange not impose any burden on requires a central processor to Only Vendors to enter into the form of competition not necessary or consolidate and distribute to the public ‘‘vendor’’ agreement into which the appropriate in furtherance of the pursuant to joint-SRO plans.19 In CTA Plan requires recipients of the purposes of the Act. Finally, the contrast, individual exchanges and Network A last sale prices information Commission finds that the proposed other market participants distribute datafeeds to enter (the ‘‘Network A rule change is consistent with Rule non-core data voluntarily. The Vendor Form’’). The Network A Vendor 603(a) of Regulation NMS,13 adopted mandatory nature of the core data Form will authorize the NYSE-Only under Section 11A(c)(1) of the Act, disclosure regime leaves little room for Vendor to provide the NYSE Trades which requires an exclusive processor competitive forces to determine service to its subscribers and customers. that distributes information with respect products and fees. Non-core data The Network A Participants drafted the to quotations for or transactions in an products and their fees are, by contrast, Network A Vendor Form, it is NMS stock to do so on terms that are much more sensitive to competitive sufficiently generic to accommodate fair and reasonable and that are not forces. The Commission therefore is able 14 NYSE Trades, and it has been in use in unreasonably discriminatory. to use competitive forces in its substantially the same form since 1990.8 The Commission has reviewed the determination of whether an exchange’s The Exchange will require professional proposal using the approach set forth in proposal to distribute non-core data and non-professional subscribers to the NYSE Arca Order for non-core meets the standards of Section 6 and market data fees.15 In the NYSE Arca NYSE Trades to undertake to comply Rule 603. Because NYSE’s instant Order, the Commission stated that with the same contract, reporting, proposal relates to the distribution of ‘‘when possible, reliance on competitive payment, and other administrative non-core data, the Commission will forces is the most appropriate and requirements as to which the Network A apply the market-based approach set effective means to assess whether the Participants subject them in respect of forth in the NYSE Arca Order. terms for the distribution of non-core In the NYSE Arca Order, the Network A last sale information under data are equitable, fair and reasonable, Commission discussed two broad types the CTA Plan. and not unreasonably of competitive forces that generally III. Discussion discriminatory.’’ 16 It noted that the apply to exchanges in their distribution The Commission finds that the ‘‘existence of significant competition of a non-core data product—the need to proposed rule change is consistent with provides a substantial basis for finding attract order flow and the availability of the requirements of the Act and the data alternatives. These forces also rules and regulations thereunder 10 15 U.S.C. 78f(b)(4). applied to NYSE in setting the terms of 11 applicable to a national securities 15 U.S.C. 78f(b)(5). this proposal for the NYSE Trades data 12 15 U.S.C. 78f(b)(6). exchange.9 In particular, it is consistent product: (i) NYSE’s compelling need to 13 17 CFR 242.603(a). attract order flow from market 14 NYSE is an exclusive processor of NYSE Trades 6 See Securities Exchange Act Release No. 57966 under Section 3(a)(22)(B) of the Act, 15 U.S.C. participants; and (ii) the availability to (June 16, 2008), 73 FR 35182 (June 20, 2008) (SR– 78c(a)(22)(B), which defines an exclusive processor NYSE–2007–04). as, among other things, an exchange that distributes 17 Id. at 74782. 7 The latency difference between accessing last information with respect to quotations or 18 Id. at 74781. sales through the NYSE datafeed or through the transactions on an exclusive basis on its own 19 See 17 CFR 242.603(b). (‘‘Every national CTA datafeed can be measured in tens of behalf. securities exchange on which an NMS stock is milliseconds. 15 See Securities Exchange Act Release No. 59039 traded and national securities association shall act 8 See Securities Exchange Act Release Nos. 28407 (December 2, 2008), 73 FR 74770 (December 9, jointly pursuant to one or more effective national (September 6, 1990), 55 FR 37276 (September 10, 2008) (SR–NYSEArca–2006–21) (‘‘NYSE Arca market system plans to disseminate consolidated 1990); and 49185 (February 4, 2004), 69 FR 6704 Order’’). In the NYSE Arca Order, the Commission information, including a national best bid and (February 11, 2004). describes the competitive factors that apply to non- national best offer, on quotations for and 9 In approving this proposed rule change, the core market data products. The Commission hereby transactions in NMS stocks. Such plan or plans Commission has considered the proposed rule’s incorporates by reference the data and analysis from shall provide for the dissemination of all impact on efficiency, competition, and capital the NYSE Arca Order into this order. consolidated information for an individual NMS formation. See 15 U.S.C. 78c(f). 16 Id. at 74771. stock through a single plan processor.’’).

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market participants of alternatives to Table 1 below provides a recent the U.S. equity markets in the month of purchasing NYSE’s data. snapshot of the state of competition in January 2009: 20

TABLE 1—REPORTED SHARE VOLUME IN U.S.-LISTED EQUITIES DURING JANUARY 2009 (%)

NYSE- NASDAQ- Trading venue All stocks listed listed

NASDAQ ...... 27.1 20.5 39.9 All Non-Exchange ...... 26.7 26.2 31.0 NYSE Arca ...... 17.9 15.7 15.8 NYSE ...... 14.8 26.2 0.0 BATS ...... 10.7 9.0 10.8 International Stock Exchange ...... 1.3 1.4 1.4 National Stock Exchange ...... 0.6 0.7 0.7 Chicago Stock Exchange ...... 0.4 0.4 0.3 CBOE Stock Exchange ...... 0.2 0.0 0.1 NYSE Alternext ...... 0.1 0.0 0.0 NASDAQ OMX BX ...... 0.0 0.0 0.0

The market share percentages in Table available at an exchange is the complete that the proposal does not unreasonably 1 strongly indicate that NYSE must record of an exchange’s transactions that discriminate among types of users. compete vigorously for order flow to is provided in the core data feeds.24 In IV. Conclusion maintain its share of trading volume. this respect, the core data feeds that The need to attract order flow imposes include an exchange’s own transaction It is therefore ordered, pursuant to significant pressure on NYSE to act information are a significant alternative Section 19(b)(2) of the Act,26 that the reasonably in setting its fees for NYSE to the exchange’s market data product.25 proposed rule change (SR–NYSE–2009– 04), be, and it hereby is, approved. market data, particularly given that the The various self-regulatory market participants that must pay such organizations, the several Trade For the Commission, by the Division of fees often will be the same market Reporting Facilities of FINRA, and ECNs Trading and Markets, pursuant to delegated participants from whom NYSE must authority.27 that produce proprietary data, as well as attract order flow. These market the core data feed, are all sources of Florence E. Harmon, participants particularly include the competition in non-core data products. Deputy Secretary. large broker-dealer firms that control the As Table 1 illustrates, share volume in [FR Doc. E9–6722 Filed 3–25–09; 8:45 am] handling of a large volume of customer BILLING CODE 8010–01–P and proprietary order flow. Given the U.S.-listed equities is widely dispersed portability of order flow from one among trading venues, and these venues trading venue to another, any exchange are able to offer competitive data that sought to charge unreasonably high products as alternatives to NYSE SMALL BUSINESS ADMINISTRATION data fees would risk alienating many of Trades. The Commission believes that the same customers on whose orders it the availability of those alternatives, as [Disaster Declaration # 11690 and # 11691] depends for competitive survival. well as the NYSE’s compelling need to Texas Disaster # TX–00334 Moreover, distributing data widely attract order flow, imposed significant competitive pressure on the NYSE to act among investors, and thereby promoting AGENCY: Small Business Administration. equitably, fairly, and reasonably in familiarity with the exchange and its ACTION: Amendment 1. services, is an important exchange setting the terms of its proposal. strategy for attracting order flow.21 Because NYSE was subject to SUMMARY: This is an amendment of the In addition to the need to attract order significant competitive forces in setting Administrative declaration of disaster flow, the availability of alternatives to the terms of the proposal, the for the State of Texas dated 03/10/2009. NYSE Trades significantly affect the Commission will approve the proposal Incident: Bastrop County Wildland terms on which NYSE can distribute in the absence of a substantial Fire. this market data.22 In setting the fees for countervailing basis to find that its Incident Period: 02/28/2009 through its NYSE Trades, the Exchange must terms nevertheless fail to meet an 03/13/2009. consider the extent to which market applicable requirement of the Act or the Effective Date: 03/17/2009. participants would choose one or more rules thereunder. An analysis of the Physical Loan Application Deadline alternatives instead of purchasing the proposal does not provide such a basis. Date: 5/11/2009. Exchange’s data.23 Of course, the most No comments were submitted on this Economic Injury (EIDL) Loan basic source of information generally proposal, and the Commission notes Application Deadline Date: 12/10/2009.

20 Source: ArcaVision (available at (explaining the importance of alternatives to the S. Ct. 2705 (2007); Atlanta Richfield Co. v. United www.arcavision.com). presence of competition and the definition of States Petroleum Co., 495 U.S. 328 (1990); 21 See NYSE Arca Order at 74784 nn. 218–219 markets and market power). Courts frequently refer Matsushita Elec. Indus. Co. v. Zenith Radio Corp., and accompanying text (noting exchange strategy of to the Department of Justice and Federal Trade 475 U.S. 574 (1986); State Oil Co. v. Khan, 522 U.S. offering data for free as a means to gain visibility Commission merger guidelines to define product 3 (1997); Northern Pacific Railway Co. v. U.S., 356 markets and evaluate market power. See, e.g., FTC in the market place). U.S. 1 (1958). v. Whole Foods Market, Inc., 502 F. Supp. 2d 1 23 22 See NYSE Arca Order at 74783. See Richard Posner, Economic Analysis of Law (D.D.C. 2007); FTC v. Arch Coal, Inc., 329 F. Supp. 24 Id. § 9.1 (5th ed. 1998) (discussing the theory of 2d 109 (D.D.C. 2004). In considering antitrust 25 monopolies and pricing). See also U.S. Dep’t of issues, courts have recognized the value of Id. Justice & Fed’l Trade Comm’n, Horizontal Merger competition in producing lower prices. See, e.g., 26 15 U.S.C. 78s(b)(2). Guidelines § 1.11 (1992), as revised (1997) Leegin Creative Leather Products v. PSKS, Inc., 127 27 17 CFR 200.30–3(a)(12).

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ADDRESSES: Submit completed loan The purpose of the meeting is approved class waivers. The basis for a applications to: U.S. Small Business scheduled as a full committee meeting. waiver is that no small business Administration, Processing and The agenda will include: The purpose manufacturers are supplying these Disbursement Center, 14925 Kingsport for this meeting is to study, research, classes of products to the Federal Road, Fort Worth, TX 76155. and recommend Veterans Business government. The effect of a waiver FOR FURTHER INFORMATION CONTACT: A. Development topics for the SBA’s would be to allow otherwise qualified Escobar, Office of Disaster Assistance, Administrator, the Congress, and to the small businesses dealers to supply the U.S. Small Business Administration, President. products of any manufacturer on a 409 3rd Street, SW., Suite 6050, FOR FURTHER INFORMATION CONTACT: The Federal contract set aside for small Washington, DC 20416 meeting is open to the public; however, businesses, service-disabled veteran- SUPPLEMENTARY INFORMATION: The notice advance notice of attendance is owned small businesses or participants of the Administrator’s disaster requested. Anyone wishing to attend in SBA’s 8(a) Business Development declaration in the State of Texas, dated and/or make a presentation to the Program. 03/10/2009, is hereby amended to Advisory Committee on Veterans DATES: Comments and source establish the incident period for this Business Affairs must contact Cheryl Simms, Program Liaison, by February 2, information must be submitted within disaster as beginning 02/28/2009 and April 27, 2009. continuing through 03/13/2009. 2009, by fax or e-mail in order to be All other information in the original placed on the agenda. Cheryl Simms, FOR FURTHER INFORMATION CONTACT: declaration remains unchanged. Program Liaison, U.S. Small Business Edith G. Butler, Program Analyst, by Administration, Office of Veterans (Catalog of Federal Domestic Assistance telephone at (202) 619–0422; by FAX at Numbers 59002 and 59008) Business Development, 409 3rd Street, (202) 481–1788; or my e-mail at SW., Washington, DC 20416, Telephone [email protected]. Dated: March 18, 2009. number: (202) 619–1697, Fax number: Darryl K. Hairston, 202–481–6085, e-mail address: SUPPLEMENTARY INFORMATION: Section Acting Administrator. [email protected]. 8(a)(17) of the Small Business Act (Act), [FR Doc. E9–6742 Filed 3–25–09; 8:45 am] Additionally, if you need 15 U.S.C. 637(a)(17), requires that BILLING CODE 8025–01–P accommodations because of a disability recipients of Federal contracts set aside or require additional information, please for small businesses, or SBA’s 8(a) contact Cheryl Simms, Program Liaison Business Development Program provide SMALL BUSINESS ADMINISTRATION at (202) 619–1697; e-mail address: the product of a small business [email protected], SBA, Office of manufacturer or processor, if the Advisory Committee on Veterans Veterans Business Development, 409 recipient is other than the actual Business Affairs; Meeting Notice 3rd Street, SW., Washington, DC 20416. manufacturer or processor of the AGENCY: U.S. Small Business For more information, please visit our product. SBA’s regulations provided the Administration. Web site at http://www.sba.gov/vets. same for procurements set aside for service-disabled veteran-owned small ACTION: Notice of open Federal Advisory Dated: March 11, 2009. business concerns 13 CFR 125.15. This Committee meeting. Bridget E. Bean, requirement is commonly referred to as Acting SBA Committee Management Officer. SUMMARY: the Nonmanufacturer Rule. See 13 CFR The SBA is issuing this notice [FR Doc. E9–6744 Filed 3–25–09; 8:45 am] to announce the location, date, time, 121.406(b). Section 8(a)(17)(b)(iv) of the BILLING CODE and agenda for the next meeting of the Act authorizes SBA to waive the Advisory Committee on Veterans Nonmanufacturer Rule for any ‘‘class of products’’ for which there are no small Business Affairs. The meeting will be SMALL BUSINESS ADMINISTRATION open to the public. business manufacturers or processors DATES: Tuesday, April 21, 2009, from 9 Small Business Size Standards: available to participate in the Federal a.m. to 5 p.m. and Wednesday, April 22, Waiver of the Nonmanufacturer Rule market. 2009, from 9 a.m. to 5 p.m., Eastern In order to be considered available to AGENCY: U.S. Small Business Standard Time. participate in the Federal market for a Administration. ADDRESSES: U.S. Small Business class of products, a small business ACTION: Notice of periodic review of Administration, 409 3rd Street, SW., manufacturer must have submitted a approved class waivers from the Washington, DC 20416. proposal for a contract solicitation or Nonmanufacturer Rule for products in received a contract from the Federal SUPPLEMENTARY INFORMATION: Pursuant effect as of March 17, 2009. to section 10(a) (2) of the Federal government within the last 24 months. Advisory Committee Act (5 U.S.C., SUMMARY: The U.S. Small Business 13 CFR 1202(c). The SBA defines ‘‘class Appendix 2), SBA announces the Administration (SBA) is conducting a of products’’ based on the Office of meeting of the Advisory Committee on periodic review of approved class Management and Budget’s North Veterans Business Affairs. The Advisory waivers from the Nonmanufacturer Rule American Industry Classification Committee on Veterans Business Affairs for products in effect as of March 17, System (NAICS), and product service serves as an independent source of 2009. The purpose of this notice is to codes. advice and policy recommendation to determine if there are any small The following are products listed on the Administrator of the U.S. Small business manufacturers or processors SBA’s list of Approved Class Waivers in Business Administration. for the products listed on the list of Effect as of March 17, 2009.

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U.S. SMALL BUSINESS ADMINISTRATION OFFICE OF GOVERNMENT CONTRACTING NONMANUFACTURER RULE; CLASS WAIVER IN EFFECT AS OF MARCH 17, 2009

Product Service Date in Federal Code Register NAICS Product

210 ...... 3/21/2008 335999 All Other Miscellaneous Electrical Equipment and Component Manufacturing (Indoor and Outdoor Electrical Lighting Fixtures). 1395 ...... 7/2/2002 332995 AMMUNITION/OTHER ORDNANCES. 2310 ...... 7/15/1998 336111 AUTOMOBILE MOTOR VEHICLES, MOTOR TRUCKS. 2320 ...... 1/24/1992 333924 TRUCKS, FOUR WHEEL DRIVE UTILITY. 2330 ...... 12/5/2008 333924 Trailers and Heavy Truck Tractors. 2420 ...... 2/24/1992 333111 TRACTOR, WHEELED. 2620 ...... 5/18/1992 326211 TIRE, AIRCRAFT, PNEUMATIC. 2835 ...... 7/15/1998 333611 TURBINES. 3110 ...... 4/16/2001 332991 AEROSPACE BALL AND ROLLER BEARINGS, CONSISTING OF, BUT NOT LIM- ITED TO, ANNULAR BALL BEARINGS, CYLINDRICAL BALL BEARINGS, LINEAR BALL BEARINGS, LINEAR ROLLER BEARINGS, NEEDLE ROLLER BEARINGS, BALL OR ROLLER BEARING RACES, ROLLER BEARINGS, TAPERED ROLLER BEARINGS AND THRUST ROLLER BEARINGS. 3130 ...... 9/27/2002 332991 BEARINGS, MOUNTED. 3610 ...... 7/27/1994 333315 COPIER/DUPLICATING MACHINES. 3805 ...... 12/28/1989 333120 CONSTRUCTION, BACKHOE. 3805 ...... 5/15/1991 333120/333131 SHOVEL LOADERS SCRAPER LOADERS. 3805 ...... 12/28/1991 333120 CONSTRUCTION, ROAD GRADER. 3805 ...... 12/28/1989 333120 CONSTRUCTION, SCRAPERS. 3805 ...... 5/15/1991 333131 CONSTRUCTION, DRILL RIGS. 3810 ...... 10/2/1991 333120 CONSTRUCTION, CRANE OVER 15 TON. 3825 ...... 9/13/1990 333120 SWEEPERS, STREET. 4710 ...... 5/15/1991 331491 PIPE & TUBING HIGH NICKEL ALLOY. 5805 ...... 7/5/1991 334210 COMMUNICATION, DIGITAL EPBX EQUIP. 5805 ...... 2/12/1997 334210 ROUTERS AND SWITCHES. 5805 ...... 7/20/1998 334210 TELEGRAPH APPARATUS. 5805 ...... 7/20/1998 334220 CELLULAR HANDSETS AND TELEPHONES. 5805 ...... 7/201998 334220 RADIO TELEPHONE. 5820 ...... 7/8/2008 334220 TELEVISIONS. 5821 ...... 2/12/1997 334511 AIRBORNE INTEGRATED COMPONENTS. 5836 ...... 2/8/1993 334310 VIDEO CASSETTE RECORDER. 5836 ...... 1/28/1997 333315 8MM TRI-DECK AIRBORNE RECORDER. 5920 ...... 5/5/1997 335931 SURGE ARRESTERS. 5925 ...... 5/5/1997 335313 POWER CIRCUIT BREAKERS. 5950 ...... 5/5/1997 335311 CURRENT AND POTENTIAL TRANSFORMER AUTOTRANS-FORMER. 5805 ...... 7/20/1998 334416 TOWERS. 5999 ...... 11/2/2004 335999 MISCELLANEOUS ELECTRICAL EQUIPMENT AND COMPONENTS MANUFAC- TURING. 6015 ...... 6/13/2003 334417/335921 OVERHEAD FIBER OPTIC GROUNDWIRE & ANCILLARY HARDWARE COMPO- NENTS. 6135 ...... 2/24/1992 335911 STORAGE BATTERIES. 6145 ...... 12/5/2008 335931 Control Cable and Conductors. 6145 ...... 12/5/2008 335932 Line Hardware (insulator Strings). 6525 ...... 12/20/2007 334510 Electromedical and Electrotherapeutic Apparatus Manufacturing. 6525 ...... 12/26/2007 334517 Irradiation Apparatus Manufacturing. 6525 ...... 12/20/2007 334510 Electromedical/Electrotherapeutic Apparatus Manufacturing (Diagnostic equipment, MRI (magnetic resonance imaging), manufacturing; Magnetic resonance imaging (MRI) medical diagnostic equipment manufacturing; Medical ultrasound equipment manufacturing; MRI (magnetic resonance imaging) medical diagnostic equipment manufacturing; Patient monitoring equipment (e.g., intensive care coronary care unit) manufacturing; PET (positron emission equipment tomography) scanners man- ufacturing; and Positron emission tomography (PET) scanners manufacturing). 6525 ...... 12/26/2007 334517 Irradiation Apparatus Manufacturing (X-Ray Equipment/Supplies). 6525 ...... 01/29/2008 334517 Irradiation Apparatus Manufacturing (Computerized axial tomography (CT/CAT) scan- ners manufacturing; CT/CAT (computerized axial tomography) scanners manufac- turing; Fluoroscopes manufacturing; Fluoroscopic X-ray apparatus and tubes manu- facturing; Generators, X-ray, manufacturing; Irradiation equipment manufacturing; X- ray generators manufacturing; and X-ray irradiation equipment manufacturing). 6240 ...... 01/28/2008 335999 All Other Miscellaneous Electrical Equipment/Component Manufacturing (Fluorescent Lamps, Incandescent Lamps, etc.). 6250 ...... 01/28/2008 335999 All Other Miscellaneous Electrical Equipment/Component Manufacturing (Electric Lamp Starters/Lamp Holders, etc.). 6770 ...... 11/15/2005 325992 Photo-film, paper, plate & Chem. Manufacturing. 6810 ...... 04/27/2006 324110 REFINERY GASES MADE IN PETROLEUM REFINERIES. 6810 ...... 04/27/2006 332420 CRYOGENIC TANK, HEAVY GAUGE METAL, MANUFACTURING. 6810 ...... 04/27/2006 332420 LIQUID OXYGEN TANKS MANUFACTURING. 6810 ...... 04/27/2006 332420 LIQUEFIED PETROLEUM GAS (LPG) CYLINDERS MANUFACTURING. 6810 ...... 04/27/2006 332420 BULK STORAGE TANKS, HEAVY GAUGE METAL, MANUFACTURING. 6810 ...... 04/27/2006 332420 GAS STORAGE TANKS, HEAVY GAUGE METAL MANUFACTURING.

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U.S. SMALL BUSINESS ADMINISTRATION OFFICE OF GOVERNMENT CONTRACTING NONMANUFACTURER RULE; CLASS WAIVER IN EFFECT AS OF MARCH 17, 2009—Continued

Product Service Date in Federal Code Register NAICS Product

6810 ...... 04/27/2006 332420 CYLINDERS, PRESSURE, HEAVY GAUGE METAL, MANUFACTURING. 6810 ...... 04/27/2006 325120 INDUSTRIAL GASES MANUFACTURING. 6810 ...... 5/15/1991 325181 CAUSTIC SODA. 6810 ...... 5/15/1991 325181 SODA ASH. 6810 ...... 2/24/1992 325181 SODIUM HYDROXIDE. 6810 ...... 2/24/1992 325188 ACID, BORIC. 6810 ...... 4/24/1992 325188 ACID, ENRICHED BORIC. 6810 ...... 5/15/1991 325188 ACID, HYDROCHLORIC. 6810 ...... 2/24/1992 325188 ACID, HYDROFLUORIC. 6810 ...... 2/24/1992 325188 CALCIUM NITRATE (UNCOATED). 6810 ...... 5/15/1991 325110 HEPTANE HPCL. 6810 ...... 2/24/1992 325188 N-DODECANE. 6810 ...... 5/15/1991 325199 ETHYL ACETATE. 6810 ...... 5/15/1991 325110 BENZENE. 6810 ...... 5/15/1991 325110 TOLUENE. 6810 ...... 5/15/1991 325191/325199 ACETATE NATURAL SYNTHETIC. 6810 ...... 5/15/1991 325311 AMMONIUM SULFATE. 6810 ...... 5/15/1991 325199 METHYL ISOBUTYL KETONE. 6810 ...... 5/15/1991 325191/325199 ACETONE. 6810 ...... 2/24/1992 325199 METHYLENE CHLORIDE. 6810 ...... 5/15/1991 325199 NN-DIMETHYL FORMAMIDE. 6810 ...... 5/15/1991 325199 PROPYLENE GLYCOL. 6810 ...... 5/15/1991 325199 METHANOL. 6810 ...... 5/15/1991 325311 NITRIC ACID. 6810 ...... 10/21/1996 325199 PURIFIED TEREPHATHALIC ACID GROUND. 6810 ...... 5/15/1991 325199 PTAU. 6810 ...... 5/15/1991 325199 TRICHLORETHANE. 6810 ...... 5/15/1991 325311 AMMONIUM SULFATE. 6810 ...... 2/24/1992 324110 HYDROCARBON DILUENT. 7021 ...... 8/28/1991 334111 MAINFRAME COMPUTERS AND PERIPHERALS*. 7025 ...... 8/8/1991 334119 COMPUTER LASER PRINTER. 7110 ...... 6/27/2006 337215 Furniture Frames and Parts, Metal Manufacturing. 7110 ...... 6/27/2006 337215 Furniture, Frames, Wood, Manufacturing. 7110 ...... 6/27/2006 337215 Furniture Parts, Finished Metal Manufacturing. 7110 ...... 6/27/2006 337215 Furniture Parts, Finished Plastics, Manufacturing. 7110 ...... 6/27/2006 337127 Furniture, Factory-type (e.g., cabinets, stools, tool stands, work benches) Manufac- turing. 7195 ...... 6/27/206 339111 Furniture, hospital (e.g., hospital beds, operating room furniture), Manufacturing. 7195 ...... 6/27/2006 339111 Furniture, Laboratory-type (e.g., benches, cabinets, stools, tables) Manufacturing. 7220 ...... 1/15/1991 314110 CARPET TILE. 7220 ...... 5/15/1991 314110 CARPET, WOVEN, 6–FT VINYL BACK BROADLOOM. 7220 ...... 1/15/1991 314110 CARPET, 6 FT VINYL BACK BROADLOOM. 7220 ...... 5/15/1991 326192 TILE AND ROLL, VINYL SURFACE. 7290 ...... 11/15/2005 333415 COMMERCIAL REFRIGERATOR EQUIPMENT. 7320 ...... 11/15/2005 335221 HOUSEHOLD REFRIGERATOR EQUIPMENT. 7290 ...... 10/21/2005 333312 COMMERCIAL LAUNDRY EQUIPMENT. 7320 ...... 10/21/2005 335522 HOUSEHOLD REFRIGERATOR EQUIPMENT. 7320 ...... 10/21/2005 335221 HOUSEHOLD COOKING EQUIPMENT. 7510 ...... 1/12/2006 335222, 339940, OFFICE SUPPLIES, PAPER & TONER. 325992, 322231, 339940 7610 ...... 8/3/1990 323117 THESAURUSES & DICTIONARIES. 7730 ...... 7/27/1994 334310 DISC PLAYERS, COMPACT. 7730 ...... 7/27/1994 334310 TELEVISION RECEIVING SETS. 8040 ...... 02/09/2005 325520 ADHESIVES AND SEALANTS MANUFACTURING. 8905 ...... 10/2/1991 311711 TUNA, CANNED. 8915 ...... 9/23/1991 311421 APRICOTS, CANNED. 8915 ...... 10/2/1991 311421 CITRUS SECTIONS, CANNED. 8915 ...... 10/2/1991 311421 SPINACH, CANNED. 8915 ...... 9/23/1991 311421 TOMATO PASTE, CANNED. 8925 ...... 10/2/1991 311312 SUGAR, GRANULATED & BROWN. 9310 ...... 10/2/1991 322224 PAPER BAGS (SMALL HARDWARE TYPE). 9510 ...... 5/15/1991 331491 BARS & ROD, HIGH NICKEL ALLOY. 9515 ...... 5/15/1991 331491 PLATE, SHEET, STRIP & FOIL; STAINLESS STEEL & HIGH NICKEL ALLOY. 9515 ...... 9/25/1990 331315 PLATE, SHEET, STRIP, FOIL & WIRE; HIGH NICKEL ALLOY. 9520 ...... 5/15/1991 331111 STAINLESS STEEL SHAPES. 9525 ...... 5/15/1991 331491 WIRE, NONELECTRICAL HIGH NICKEL ALLOY. 9530 ...... 5/15/1991 331491 BARS & RODS, HIGH NICKEL ALLOY. 9530 ...... 8/23/1991 331491 ALUMINUM. 9530 ...... 8/23/1991 331312 NICKEL-COPPER NICKEL.

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U.S. SMALL BUSINESS ADMINISTRATION OFFICE OF GOVERNMENT CONTRACTING NONMANUFACTURER RULE; CLASS WAIVER IN EFFECT AS OF MARCH 17, 2009—Continued

Product Service Date in Federal Code Register NAICS Product

9535 ...... 6/8/2004 331315 ALUMINUM, SHEET, PLATE AND FOIL MANUFACTURING. 9650 ...... 9/25/1990 331411 COPPER & NICKEL CATHODES. 9650 ...... 9/25/1990 331411 COPPER CATHODES. 9650 ...... 9/25/1990 331419 NICKEL BRICKETTES. 9999 ...... 8/11/2004 333415 ICE MAKING MACHINERY MANUFACTURING. *This waiver covers only peripheral equipment when purchasing a mainfame computer (PSC 7021).

The public is invited to provide prepare participants to conduct projects creative, memorable, and practical way. comments to SBA on the periodic at home that serve a community need. Activities should be designed to be review of approved class waivers in replicable and provide practical I. Funding Opportunity Description: effect as of March 17, 2009 under the knowledge and skills that the above mentioned class of NAICS codes Authority: Overall grant making authority participants can apply to school and within 30 days after date of publication for this program is contained in the Mutual civic activities at home. The English- in the Federal Register. Educational and Cultural Exchange Act of speaking participants will live with Dated: March 20, 2009. 1961, Public Law 87–256, as amended, also American families for the majority of known as the Fulbright-Hays Act. The Karen C. Hontz, the exchange period. Multiple purpose of the Act is ‘‘to enable the opportunities for participants to interact Director for Government Contracting. Government of the United States to increase with American youth and educators [FR Doc. E9–6741 Filed 3–25–09; 8:45 am] mutual understanding between the people of must be included. BILLING CODE 8025–01–P the United States and the people of other countries * * *; to strengthen the ties which The goals of the program are: unite us with other nations by demonstrating (1) To promote mutual understanding the educational and cultural interests, between the people of the United States DEPARTMENT OF STATE developments, and achievements of the and the people of the partner countries; [Public Notice 6560] people of the United States and other nations (2) To develop a sense of civic * * * and thus to assist in the development responsibility and commitment to Bureau of Educational and Cultural of friendly, sympathetic and peaceful community development among youth; Affairs (ECA) relations between the United States and the (3) To develop leadership skills other countries of the world.’’ The funding among secondary school students Request for Grant Proposals: Youth authority for the program above is provided appropriate to their needs; and through legislation. Leadership Programs: South Asia and (4) To foster relationships among Southeast Asia. Purpose: The Bureau of Educational youth from different ethnic, religious, Announcement Type: New Grants. and Cultural Affairs (ECA) is supporting and national groups. Funding Opportunity Number: ECA/ two new Youth Leadership Programs, A successful program will be one that PE/C/PY–09–39. one with three countries in South Asia nurtures a cadre of students and Catalog of Federal Domestic (Nepal, Sri Lanka, and the Maldives) teachers to be actively engaged in Assistance Number: 19.415. and one with up to ten countries in addressing issues of concern in their Application Deadline: May 14, 2009. Southeast Asia, member states of the schools and communities upon their Executive Summary: The Office of Association of South East Asian Nations return home and that equips them with Citizen Exchanges, Youth Programs (ASEAN). Each program will feature the knowledge, skills, and confidence to Division, of the Bureau of Educational exchanges to the United States that are become citizen activists. and Cultural Affairs announces an open 25-days-long for teenagers (ages 15–17) The Bureau anticipates providing two competition for two Youth Leadership and adult educators. The grant grants to support two discrete Youth Programs, one for 21 exchange recipients will design and implement Leadership Programs, one for each participants from three countries in the U.S. exchange activities. U.S. region. Note that the grant funds South Asia (Nepal, Sri Lanka, and the Embassies in the participating countries available through this solicitation are Maldives) and one for 50–60 will recruit, screen, and select the not intended to cover the international participants from countries in Southeast participants; arrange international travel airfare for the exchange participants. Asia that are members of the to the United States; and work with Organizations may submit only one Association of South East Asian Nations alumni. proposal, for either the South Asia (Brunei, Burma, Cambodia, Indonesia, These programs are designed to program or the Southeast Asia program. Laos, Malaysia, the Philippines, promote high-quality leadership, civic The two programs will be judged Singapore, Thailand, and Vietnam). responsibility, and civic activism among independently and proposals will be Public and private non-profit our countries’ future leaders. They will compared only to proposals for the same organizations meeting the provisions offer a practical examination of the region. ECA intends to award only one described in Internal Revenue Code principles of democracy and civil grant for each program. section 26 U.S.C. 501(c)(3) may submit society as practiced in the United States proposals to conduct 25-day U.S.-based and provide participants with training Project A: South Asia Youth Leadership exchanges program for high school that allows them to develop their Program students and teachers from one of these leadership skills. The applicant should One grant. Funding for this grant is regions. The activities will focus on present a program plan that allows the approximately $95,000. civic education, leadership, diversity, participants to thoroughly explore civic The program will be offered for 21 and community activism, which will education in the United States in a participants—six students and one

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educator from each of the three experience in programs with the • A closing session to summarize the participating countries: Nepal, Sri specified geographic region. Applicants project activities and prepare Lanka, and the Maldives. need not have a partner in the participants for their return home. Applicants should propose 25-day participating countries, as the staff of • Guidance on follow-on activities, in exchange program in the United States the Public Affairs Section (PAS) of the coordination with the U.S. Embassies, that will take place between late U.S. Embassies will recruit and select in order to advise the participants who November 2009 and late March 2010. the participants and provide a pre- have returned home on how to apply Applicants should propose the period of departure orientation. what they have learned during the the exchange based on this timeframe, Guidelines: exchange to address a community need. but the exact timing of the project may The grants will begin on or about The proposal narrative must provide be altered through the mutual agreement August 15, 2009, pending the detailed information on the program of the Department of State and the grant availability of funds. The grant period activities outlined above, and applicants recipients. will be 12 to 18 months in duration, as should explain and justify their In addition to the themes of civic appropriate for the applicant’s program programmatic choices. Proposals must education, community service, and design. Applicants should propose the demonstrate how the stated objectives leadership, applicants are invited to period of the exchange(s) based on the will be met. Programs must comply with include sub-themes on care for the timeframes noted above, but the exact J–1 visa regulations for the International environment, media literacy, and/or timing of the project may be altered Visitor and Government Visitor drug abuse prevention, particularly as a through the mutual agreement of the categories. mechanism for seeing what their peers Department of State and the grant It is essential that all applicants refer in the United States are doing in these recipients. The exchange period should to the three documents in the complete areas and as a tool for exploring the be no less than 25 days, including Solicitation Package—this Request for primary themes of the program. international travel time. Grant Proposals (RFGP), the Project The participants will be students Objectives, Goals, and Implementation Project B: Southeast Asia Youth between the ages of 15 and 17 who have (POGI), and the Proposal Submission Leadership Program demonstrated leadership potential in Instructions (PSI)—for further One grant. Funding for this grant is their schools and/or communities. The information. approximately $275,000. educators will be high school teachers, II. Award Information All ten member states of the or possibly community leaders who Association of Southeast Asian Nations work with youth, who have Type of Award: Grant Agreements. Fiscal Year Funds: 2009. (ASEAN) are eligible though not all may demonstrated an interest in promoting send participants: Brunei, Burma, Approximate Total Funding: youth leadership. Participants will be South Asia Youth Leadership Program: Cambodia, Indonesia, Laos, Malaysia, proficient in the English language. $95,000. the Philippines, Singapore, Thailand, In pursuit of the goals outlined above, Southeast Asia Youth Leadership and Vietnam. the grant recipients will provide the Program: $275,000. The program will be offered for a total following: Approximate Number of Awards: • of approximately 50 to 60 participants. Information about the U.S. program Two. Participant numbers may be increased and pre-departure materials to help the Anticipated Award Date: Pending slightly; therefore, applicants should U.S. Embassies, participants, and their availability of funds, August 15, 2009. indicate the extent of their flexibility in families in preparation for the exchange. Anticipated Project Completion Date: accommodating additional participants, • A welcome orientation. 12 to 18 months after the onset of the • both programmatically and financially. Activities in one or two award, to be determined by the The ratio of students to educators will communities in the United States that applicant according to its program be approximately 5:1 or 6:1. provide a substantive program on civic design. Applicants should propose to education, community activism, and Additional Information: Pending implement two 25-day U.S. exchanges, leadership through both academic and successful implementation of this one in late November/December 2009 extracurricular components. A portion program and the availability of funds in and one in April 2010. Each exchange of the program, from two to six days, subsequent fiscal years, it is ECA’s delegation will have between 20–35 should be in Washington, DC (required intent to renew this grant for two participants, together totaling the for South Asia program; strongly additional fiscal years, before openly anticipated 50–60 participants. The size encouraged for Southeast Asia program). competing it again. of the two delegations might or might Activities should take place in schools not be equal. and in community settings. Community III. Eligibility Information In addition to the themes of civic service must be included. It is crucial III.1. Eligible Applicants: Applications education, community service, and that programming involve American may be submitted by public and private leadership, applicants should include students whenever possible. non-profit organizations meeting the the sub-themes of environmentalism • Opportunities for the educators to provisions described in Internal and entrepreneurship, particularly as a work with their American peers to help Revenue Code section 26 U.S.C. way to illustrate the primary themes. them foster youth leadership, civic 501(c)(3). For Both Programs: education, and community service III.2. Cost Sharing or Matching Funds: Applicant organizations should programs at home. There is no minimum or maximum outline their capacity for doing projects • Homestay arrangements with percentage required for this of this nature, focusing on three areas of properly screened and briefed American competition. However, the Bureau competency of the staff directly families for the majority of the exchange encourages applicants to provide associated with the program: (1) period. maximum levels of cost sharing and Provision of leadership and civic • Logistical arrangements, funding in support of its programs. education programming, (2) age- disbursement of stipends, local travel, Please note that cost sharing is one of appropriate programming for youth, and travel between U.S. sites, lodging and the criteria by which proposals will be (3) demonstrated understanding of and meals when not in the homestay. judged.

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When cost sharing is offered, it is The Solicitation Package contains the (1) Those who file Internal Revenue understood and agreed that the Proposal Submission Instruction (PSI) Service Form 990, ‘‘Return of applicant must provide the amount of document, which consists of required Organization Exempt From Income cost sharing as stipulated in its proposal application forms, and standard Tax,’’ must include a copy of relevant and later included in an approved grant guidelines for proposal preparation. It portions of this form. agreement. Cost sharing may be in the also contains the Project Objectives, (2) Those who do not file IRS Form form of allowable direct or indirect Goals and Implementation (POGI) 990 must submit information above in costs. For accountability, you must document, which provides specific the format of their choice. maintain written records to support all information, award criteria, and budget In addition to final program reporting costs which are claimed as your instructions tailored to this competition. requirements, award recipients will also contribution, as well as costs to be paid Please specify Program Officer be required to submit a one-page by the Federal government. Such Carolyn Lantz and refer to the Funding document, derived from their program records are subject to audit. The basis Opportunity Number ECA/PE/C/PY–09– reports, listing and describing their for determining the value of cash and 39 on all other inquiries and grant activities. For award recipients, in-kind contributions must be in correspondence. the names of directors and/or senior accordance with OMB Circular A–110, IV.2. To Download a Solicitation executives (current officers, trustees, (Revised), Subpart C.23—Cost Sharing Package Via Internet: The entire and key employees), as well as the one- and Matching. In the event you do not Solicitation Package may be page description of grant activities, will provide the minimum amount of cost downloaded from the Bureau’s website be transmitted by the State Department sharing as stipulated in the approved at http://exchanges.state.gov/grants/ to OMB, along with other information budget, ECA’s contribution will be open2.html, or from the Grants.gov Web required by the Federal Funding reduced in like proportion. site at http://www.grants.gov. Accountability and Transparency Act Please read all information before III.3. Other Eligibility Requirements: (FFATA), and will be made available to downloading. III.3.a. Bureau grant guidelines require the public by the Office of Management that applicant organizations and sub- IV.3. Content and Form of and Budget on its USASpending.gov award organizations with less than four Submission: Applicants must follow all Web site as part of ECA’s FFATA years experience in conducting instructions in the Solicitation Package. reporting requirements. international exchanges be limited to The application should be submitted If your organization is a private $60,000 in Bureau funding. ECA per the instructions under IV.3f. nonprofit which has not received a grant anticipates awarding two grants, each ‘‘Application Deadline and Methods of or cooperative agreement from ECA in exceeding $60,000, to support program Submission’’ section below. and administrative costs required to IV.3a. You are required to have a Dun the past three years, or if your implement this exchange program. and Bradstreet Data Universal organization received nonprofit status Therefore, organizations with less than Numbering System (DUNS) number to from the IRS within the past four years, four years experience in conducting apply for a grant or cooperative you must submit the necessary international exchanges at the time of agreement from the U.S. Government. documentation to verify nonprofit status application are not eligible to apply This number is a nine-digit as directed in the PSI document. Failure under this competition. identification number, which uniquely to do so will cause your proposal to be III.3.b. The Bureau encourages identifies business entities. Obtaining a declared technically ineligible. applicants to provide maximum levels DUNS number is easy and there is no IV.3d. Please take into consideration of cost sharing and funding in support charge. To obtain a DUNS number, the following information when of its programs. access http:// preparing your proposal narrative: www.dunandbradstreet.com or call 1– IV.3d.1. Adherence To All IV. Application and Submission 866–705–5711. Please ensure that your Regulations Governing The J Visa: Information DUNS number is included in the The Office of Citizen Exchanges of the Bureau of Educational and Cultural Note: Please read the complete appropriate box of the SF–424 which is announcement before sending inquiries or part of the formal application package. Affairs is the official program sponsor of submitting proposals. Once the RFGP IV.3b. All proposals must contain an the exchange program covered by this deadline has passed, Bureau staff may not executive summary, proposal narrative RFGP, and an employee of the Bureau discuss this competition with applicants and budget. will be the ‘‘Responsible Officer’’ for the until the proposal review process has been Please refer to the solicitation program under the terms of 22 CFR part completed. package. It contains the mandatory 62, which covers the administration of IV.1. Contact Information to Request Proposal Submission Instructions (PSI) the Exchange Visitor Program (J visa an Application Package: Please contact document and the Project Objectives, program). Under the terms of 22 CFR the Youth Programs Division, Office of Goals and Implementation (POGI) part 62, organizations receiving awards Citizen Exchanges, ECA/PE/C/PY, Room document for additional formatting and (either a grant or cooperative agreement) 568, U.S. Department of State, SA–44, technical requirements. under this RFGP will be third parties 301 4th Street, SW., Washington, DC IV.3c. You must have nonprofit status ‘‘cooperating with or assisting the 20547. Telephone (202) 453–8171, Fax with the IRS at the time of application. sponsor in the conduct of the sponsor’s (202) 453–8169; E-mail: Please note: Effective January 7, 2009, program.’’ The actions of recipient [email protected] to all applicants for ECA federal assistance organizations shall be ‘‘imputed to the request a Solicitation Package. Please awards must include in their sponsor in evaluating the sponsor’s refer to the Funding Opportunity application the names of directors and/ compliance with’’ 22 CFR part 62. Number ECA/PE/C/PY–09–39 when or senior executives (current officers, Therefore, the Bureau expects that any making your request. trustees, and key employees, regardless organization receiving an award under Alternatively, an electronic of amount of compensation). In this competition will render all application package may be obtained fulfilling this requirement, applicants assistance necessary to enable the from grants.gov. Please see section IV.3f must submit information in one of the Bureau to fully comply with 22 CFR for further information. following ways: part 62 et seq.

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The Bureau of Educational and opportunities for participation in such We encourage you to assess the Cultural Affairs places critically programs to human rights and following four levels of outcomes, as important emphases on the secure and democracy leaders of such countries.’’ they relate to the program goals set out proper administration of Exchange Public Law 106–113 requires that the in the RFGP (listed here in increasing Visitor (J visa) Programs and adherence governments of the countries described order of importance): by recipient organizations and program above do not have inappropriate 1. Participant satisfaction with the participants to all regulations governing influence in the selection process. program and exchange experience. the J visa program status. Therefore, Proposals should reflect advancement of 2. Participant learning, such as proposals should explicitly state in these goals in their program contents, to increased knowledge, aptitude, skills, writing that the applicant is prepared to the full extent deemed feasible. and changed understanding and assist the Bureau in meeting all IV.3d.3. Program Monitoring and attitude. Learning includes both requirements governing the Evaluation: substantive (subject-specific) learning administration of Exchange Visitor Proposals must include a plan to and mutual understanding. Programs as set forth in 22 CFR part 62. monitor and evaluate the project’s 3. Participant behavior, concrete If your organization has experience as a success, both as the activities unfold actions to apply knowledge in work or designated Exchange Visitor Program and at the end of the program. The community; greater participation and Sponsor, the applicant should discuss Bureau recommends that your proposal responsibility in civic organizations; their record of compliance with 22 CFR include a draft survey questionnaire or interpretation and explanation of part 62 et seq., including the oversight other technique plus a description of a experiences and new knowledge gained; of their Responsible Officers and methodology to use to link outcomes to continued contacts between Alternate Responsible Officers, original project objectives. The Bureau participants, community members, and screening and selection of program expects that the recipient organization others. participants, provision of pre-arrival will track participants or partners and 4. Institutional changes, such as information and orientation to be able to respond to key evaluation increased collaboration and participants, monitoring of participants, questions, including satisfaction with partnerships, policy reforms, new proper maintenance and security of the program, learning as a result of the programming, and organizational forms, record-keeping, reporting and program, changes in behavior as a result improvements. other requirements. of the program, and effects of the Please note: Consideration should be given The Office of Citizen Exchanges of program on institutions (institutions in to the appropriate timing of data collection ECA will be responsible for issuing DS– which participants work or partner for each level of outcome. For example, 2019 forms to participants in this satisfaction is usually captured as a short- institutions). The evaluation plan program. term outcome, whereas behavior and A copy of the complete regulations should include indicators that measure institutional changes are normally governing the administration of gains in mutual understanding as well considered longer-term outcomes. Exchange Visitor (J) programs is as substantive knowledge. Overall, the quality of your available at http://exchanges.state.gov Successful monitoring and evaluation monitoring and evaluation plan will be or from: United States Department of depend heavily on setting clear goals judged on how well it (1) specifies State, Office of Exchange Coordination and outcomes at the outset of a program. intended outcomes; (2) gives clear and Designation, ECA/EC/ECD—SA–44, Your evaluation plan should include a descriptions of how each outcome will Room 734, 301 4th Street, SW., description of your project’s objectives, Washington, DC 20547, Telephone: your anticipated project outcomes, and be measured; (3) identifies when (202) 203–5029, FAX: (202) 453–8640. how and when you intend to measure particular outcomes will be measured; IV.3d.2. Diversity, Freedom and these outcomes (performance and (4) provides a clear description of Democracy Guidelines: indicators). The more that outcomes are the data collection strategies for each Pursuant to the Bureau’s authorizing ‘‘smart’’ (specific, measurable, outcome (i.e., surveys, interviews, or legislation, programs must maintain a attainable, results-oriented, and placed focus groups). (Please note that non-political character and should be in a reasonable time frame), the easier evaluation plans that deal only with the balanced and representative of the it will be to conduct the evaluation. You first level of outcomes [satisfaction] will diversity of American political, social, should also show how your project be deemed less competitive under the and cultural life. ‘‘Diversity’’ should be objectives link to the goals of the present evaluation criteria.) interpreted in the broadest sense and program described in this RFGP. Please Note: ECA strongly encourages encompass differences including, but Your monitoring and evaluation plan organizations interested in applying for this not limited to ethnicity, race, gender, should clearly distinguish between competition to submit printed, hard copy religion, geographic location, socio- program outputs and outcomes. Outputs applications as outlined in section IV.3f.1. economic status, and disabilities. are products and services delivered, above, rather than submitting electronically Applicants are strongly encouraged to often stated as an amount. Output through Grants.gov. This recommendation is being made as a result of the anticipated high adhere to the advancement of this information is important to show the volume of grant proposals that will be principle both in program scope or size of project activities, but it submitted via the Grants.gov webportal as administration and in program content. cannot substitute for information about part of the Recovery Act stimulus package. Please refer to the review criteria under progress towards outcomes or the As stated in these RFGPs, ECA bears no the ‘Support for Diversity’ section for results achieved. Examples of outputs responsibility for data errors resulting from specific suggestions on incorporating include the number of people trained or transmission or conversion processes for diversity into your proposal. Public Law the number of seminars conducted. proposals submitted via Grants.gov. 104–319 provides that ‘‘in carrying out Outcomes, in contrast, represent Recipient organizations will be programs of educational and cultural specific results a project is intended to required to provide reports analyzing exchange in countries whose people do achieve and is usually measured as an their evaluation findings to the Bureau not fully enjoy freedom and extent of change. Findings on outputs in their regular program reports. All democracy,’’ the Bureau ‘‘shall take and outcomes should both be reported, data collected, including survey appropriate steps to provide but the focus should be on outcomes. responses and contact information, must

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be maintained for a minimum of three consideration under this competition. deadline to begin the submission years and provided to the Bureau upon ECA will not notify you upon receipt of process through Grants.gov. request. application. It is each applicant’s The Grants.gov Web site includes IV.3e. Please take the following responsibility to ensure that each extensive information on all phases/ information into consideration when package is marked with a legible aspects of the Grants.gov process, preparing your budget: tracking number and to monitor/confirm including an extensive section on Applicants must submit a delivery to ECA via the Internet. frequently asked questions, located comprehensive budget for the entire Delivery of proposal packages may not under the ‘‘For Applicants’’ section of program. There must be a summary be made via local courier service or in the Web site. ECA strongly recommends budget as well as breakdowns reflecting person for this competition. Faxed that all potential applicants review both administrative and program documents will not be accepted at any thoroughly the Grants.gov Web site, budgets. Applicants may provide time. Only proposals submitted as well in advance of submitting a separate sub-budgets for each program stated above will be considered. proposal through the Grants.gov system. component, phase, location, or activity Important note: When preparing your ECA bears no responsibility for data to provide clarification. submission please make sure to include one errors resulting from transmission or Please refer to the POGI and PSI for extra copy of the completed SF–424 form and conversion processes. complete budget guidelines and place it in an envelope addressed to ‘‘ECA/ Direct all questions regarding formatting instructions. EX/PM’’. Grants.gov registration and submission IV.3.f. Application Deadline and The original, one fully-tabbed copy, to: Methods of Submission: and five (5) copies with Tabs A–E and Grants.gov Customer Support, Application Deadline Date: Thursday, appendices (no Tab F) should be sent to: Contact Center Phone: 800–518–4726. May 14, 2009. U.S. Department of State, SA–44, Business Hours: Monday–Friday, 7 Reference Number: ECA/PE/C/PY– Bureau of Educational and Cultural a.m.–9 p.m. Eastern Time. 09–39. Affairs, Ref.: ECA/PE/C/PY–09–39, E-mail: [email protected]. Methods of Submission: Program Management, ECA/EX/PM, Applicants have until midnight (12 Applications may be submitted in one Room 534, 301 4th Street, SW., a.m.), Washington, DC time of the of two ways: Washington, DC 20547. closing date to ensure that their entire (1.) In hard-copy, via a nationally With the submission of the proposal application has been uploaded to the recognized overnight delivery service package, please also e-mail the Grants.gov site. There are no exceptions (i.e., Federal Express, UPS, Airborne Executive Summary, Proposal Narrative, to the above deadline. Applications Express, or U.S. Postal Service Express and Budget sections of the proposal, as uploaded to the site after midnight of Overnight Mail, etc.), or well as any attachments essential to the application deadline date will be (2.) electronically through http:// understanding the program, in Microsoft automatically rejected by the grants.gov www.grants.gov. Word and/or Excel to the program system, and will be technically Please Note: ECA strongly encourages officer at [email protected]. The ineligible. organizations interested in applying for this Bureau will provide these files Please refer to the Grants.gov Web competition to submit printed, hard copy electronically to the Public Affairs site, for definitions of various applications as outlined in section IV.3f.1., Section at the U.S. Embassies for their ‘‘application statuses’’ and the below rather than submitting electronically review. difference between a submission receipt through Grants.gov. This recommendation is IV.3f.2—Submitting Electronic being made as a result of the anticipated high and a submission validation. Applicants volume of grant proposals that will be Applications: will receive a validation e-mail from submitted via the Grants.gov webportal as Applicants have the option of grants.gov upon the successful part of the Recovery Act stimulus package. submitting proposals electronically submission of an application. Again, As stated in these RFGPs, ECA bears no through Grants.gov (http:// validation of an electronic submission responsibility for data errors resulting from www.grants.gov). Complete solicitation via Grants.gov can take up to two transmission or conversion processes for packages are available at Grants.gov in business days. Therefore, we strongly proposals submitted via Grants.gov. the ‘‘Find’’ portion of the system. recommend that you not wait until the Along with the Project Title, all applicants Please follow the instructions must enter the above Reference Number in application deadline to begin the available in the ‘Get Started’ portion of submission process through Grants.gov. Box 11 on the SF–424 contained in the the site (http://www.grants.gov/ mandatory Proposal Submission Instructions ECA will not notify you upon receipt of GetStarted). electronic applications. (PSI) of the solicitation document. Several of the steps in the Grants.gov It is the responsibility of all IV.3f.1 Submitting Printed registration process could take several applicants submitting proposals via the Applications: weeks. Therefore, applicants should Grants.gov Web portal to ensure that Applications must be shipped no later check with appropriate staff within their proposals have been received by than the above deadline. Delivery organizations immediately after Grants.gov in their entirety, and ECA services used by applicants must have reviewing this RFGP to confirm or bears no responsibility for data errors in-place, centralized shipping determine their registration status with resulting from transmission or identification and tracking systems that Grants.gov. conversion processes. may be accessed via the Internet and Once registered, the amount of time it IV.3g. Intergovernmental Review of delivery people who are identifiable by can take to upload an application will Applications: Executive Order 12372 commonly recognized uniforms and vary depending on a variety of factors does not apply to this program. delivery vehicles. Proposals shipped on including the size of the application and or before the above deadline but the speed of your internet connection. V. Application Review Information received at ECA more than seven days In addition, validation of an electronic V.1. Review Process after the deadline will be ineligible for submission via Grants.gov can take up further consideration under this to two business days. The Bureau will review all proposals competition. Proposals shipped after the Therefore, we strongly recommend for technical eligibility. Proposals will established deadlines are ineligible for that you not wait until the application be deemed ineligible if they do not fully

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adhere to the guidelines stated herein program’s success in meeting its goals, OMB Circular No. A–133, Audits of and in the Solicitation Package. All both as the activities unfold and after States, Local Government, and Non- eligible proposals will be reviewed by they have been completed. The proposal profit Organizations. the program office, as well as the Public should include a draft survey Please reference the following Web Diplomacy section overseas, where questionnaire or other technique, plus a sites for additional information: http:// appropriate. Eligible proposals will be description of a methodology to link www.whitehouse.gov/omb/grants. subject to compliance with Federal and outcomes to original project objectives. http://fa.statebuy.state.gov. Bureau regulations and guidelines and 6. Cost-effectiveness and cost sharing: forwarded to Bureau grant panels for The applicant should demonstrate VI.3. Reporting Requirements advisory review. Proposals may also be efficient use of Bureau funds. The You must provide ECA with a hard reviewed by the Office of the Legal overhead and administrative copy original plus one copy of the Adviser or by other Department components of the proposal, including following reports: elements. Final funding decisions are at salaries and honoraria, should be kept 1. Interim reports, as required in the the discretion of the Department of as low as possible. All other items Bureau grant agreement. State’s Assistant Secretary for should be necessary and appropriate. 2. A final program and financial Educational and Cultural Affairs. Final The proposal should maximize cost- report no more than 90 days after the technical authority for assistance sharing through other private sector expiration of the award. awards (grants) resides with the support as well as institutional direct 3. A concise, one-page final program Bureau’s Grants Officer. funding contributions. report summarizing program outcomes Review Criteria VI. Award Administration Information no more than 90 days after the expiration of the award. This one-page Technically eligible applications will VI.1a. Award Notices report will be transmitted to OMB, and be competitively reviewed according to be made available to the public via the criteria stated below. Final awards cannot be made until 1. Quality of the program idea: funds have been appropriated by OMB’s USAspending.gov Web site—as Objectives should be reasonable, Congress, allocated and committed part of ECA’s Federal Funding feasible, and flexible. The proposal through internal Bureau procedures. Accountability and Transparency Act should clearly demonstrate how the Successful applicants will receive a (FFATA) reporting requirements. institution will meet the program’s Federal Assistance Award (FAA) from 4. A SF–PPR, ‘‘Performance Progress objectives and plan. The proposed the Bureau’s Grants Office. The FAA Report’’ Cover Sheet with all program program should be well developed, and the original proposal with reports. respond to the design outlined in the subsequent modifications (if applicable) Award recipients will be required to solicitation, and demonstrate shall be the only binding authorizing provide reports analyzing their originality. It should be clearly and document between the recipient and the evaluation findings to the Bureau in accurately written, substantive, and U.S. Government. The FAA will be their regular program reports. (Please with sufficient detail. Proposals should signed by an authorized Grants Officer, refer to IV. Application and Submission also include a plan to provide guidance and mailed to the recipient’s Instructions (IV.3.d.3) above for Program for participants’ community activities responsible officer identified in the Monitoring and Evaluation upon their return home. application. information.) 2. Program planning: A detailed Unsuccessful applicants will receive All data collected, including survey agenda and work plan should clearly notification of the results of the responses and contact information, must demonstrate how project objectives application review from the ECA be maintained for a minimum of three would be achieved. The agenda and program office coordinating this years and provided to the Bureau upon plan should adhere to the program competition. request. overview and guidelines described All reports must be sent to the ECA VI.2 Administrative and National Policy Grants Officer and ECA Program Officer above. The substance of workshops, Requirements seminars, presentations, school-based listed in the final assistance award activities, and/or site visits should be Terms and Conditions for the document. Administration of ECA agreements described in detail. VII. Agency Contacts 3. Support of diversity: The proposal include the following: should demonstrate the recipient’s Office of Management and Budget For questions about this commitment to promoting the Circular A–122, ‘‘Cost Principles for announcement, contact: Carolyn Lantz, awareness and understanding of Nonprofit Organizations.’’ Program Officer, Youth Programs diversity in program content. Office of Management and Budget Division, ECA/PE/C/PY, Room 568, U.S. 4. Institutional capacity and track Circular A–21, ‘‘Cost Principles for Department of State, SA–44, 301 4th record: Proposed personnel and Educational Institutions.’’ Street, SW., Washington, DC 20547. institutional resources should be OMB Circular A–87, ‘‘Cost Principles Telephone (202) 203–7505. Fax (202) adequate and appropriate to achieve the for State, Local and Indian 203–7529. E-mail: [email protected]. program goals. The proposal should Governments.’’ All correspondence with the Bureau demonstrate an institutional record, OMB Circular No. A–110 (Revised), concerning this RFGP should reference including responsible fiscal Uniform Administrative Requirements the above title and the reference number management and full compliance with for Grants and Agreements with ECA/PE/C/PY–09–39. all reporting requirements for any past Institutions of Higher Education, Please read the complete Bureau grants as determined by the Hospitals, and other Nonprofit announcement before sending inquiries Bureau’s Office of Contracts. The Organizations. or submitting proposals. Once the RFGP Bureau will consider the past OMB Circular No. A–102, Uniform deadline has passed, Bureau staff may performance. Administrative Requirements for not discuss this competition with 5. Program evaluation: The proposal Grants-in-Aid to State and Local applicants until the proposal review should include a plan to evaluate the Governments. process has been completed.

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VIII. Other Information Frequency: This information is (OMB) revision of a current information Notice: collected on occasion. collection. The Federal Register Notice The terms and conditions published Estimated Average Burden per with a 60-day comment period soliciting in this RFGP are binding and may not Response: Approximately 30 minutes comments on the following collection of be modified by any Bureau per response. information was published on October representative. Explanatory information Estimated Annual Burden Hours: An 31, 2008, vol. 73, no. 212, pages 65005– provided by the Bureau that contradicts estimated 100 hours annually. 65006. The requested information is published language will not be binding. Abstract: The information is collected needed to mitigate potential hazards Issuance of the RFGP does not from holders of FAA production presented by airmen using alcohol or constitute an award commitment on the approvals and selected suppliers to drugs in flight, to identify persons part of the Government. The Bureau obtain their input on how well the possibly unsuitable for pilot reserves the right to reduce, revise, or agency is performing the administration certification. and conduct of the Aircraft Certification increase proposal budgets in accordance DATES: Please submit comments by Systems Evaluation Program (ACSEP). with the needs of the program and the April 27, 2009. ADDRESSES: Interested persons are availability of funds. Awards made will FOR FURTHER INFORMATION CONTACT: invited to submit written comments on be subject to periodic reporting and Carla Mauney at [email protected]. evaluation requirements per section VI.3 the proposed information collection to SUPPLEMENTARY INFORMATION: above. the Office of Information and Regulatory Dated: March 19, 2009. Affairs, Office of Management and Federal Aviation Administration (FAA) Budget. Comments should be addressed C. Miller Crouch, Title: Pilots Convicted of Alcohol or to the attention of the Desk Officer, Drug-Related Motor Vehicle Offenses or Acting Assistant Secretary for Educational Department of Transportation/FAA, and and Cultural Affairs, Department of State. Subject to State Motor Vehicle sent via electronic mail to [FR Doc. E9–6788 Filed 3–25–09; 8:45 am] Administrative Procedures. [email protected], or faxed Type of Request: Revision of a BILLING CODE 4710–05–P to (202) 395–6974, or mailed to the currently approved collection. Office of Information and Regulatory OMB Control Number: 2120–0543. Affairs, Office of Management and DEPARTMENT OF TRANSPORTATION Form(s) There are no FAA forms Budget, Docket Library, Room 10102, associated with this collection. Federal Aviation Administration 725 17th Street, NW., Washington, DC Affected Public: An estimated 1113 20503. Respondents. Agency Information Collection Activity Comments are invited on: Whether Frequency: This information is Seeking OMB Approval the proposed collection of information collected on occasion. is necessary for the proper performance Estimated Average Burden per AGENCY: Federal Aviation of the functions of the Department, Response: Approximately 10 minutes Administration (FAA), DOT. including whether the information will per response. ACTION: Notice. have practical utility; the accuracy of Estimated Annual Burden Hours: An the Department’s estimates of the SUMMARY: The FAA invites public estimated 185.5 hours annually. burden of the proposed information comments about our intention to request Abstract: The requested information collection; ways to enhance the quality, the Office of Management and Budget’s is needed to mitigate potential hazards utility, and clarity of the information to (OMB) revision of a current information presented by airmen using alcohol or be collected; and ways to minimize the collection. The Federal Register Notice drugs in flight, to identify’ persons burden of the collection of information with a 60-day comment period soliciting possibly unsuitable for pilot on respondents, including the use of comments on the following collection of certification. automated collection techniques or information was published on October ADDRESSES: Interested persons are 31, 2008, vol. 73, no. 212, pages 65005. other forms of information technology. invited to submit written comments on The information is collected from Issued in Washington, DC, on March 16, the proposed information collection to holders of FAA production approvals 2009. the Office of Information and Regulatory and selected suppliers to obtain their Carla Mauney, Affairs, Office of Management and input on how well the agency is FAA Information Collection Clearance Budget. Comments should be addressed performing the administration and Officer, IT Enterprises Business Services to the attention of the Desk Officer, conduct of the Aircraft Certification Division, AES–200. Department of Transportation/FAA, and Systems Evaluation Program (ACSEP). [FR Doc. E9–6182 Filed 3–25–09; 8:45 am] sent via electronic mail to _ DATES: Please submit comments by BILLING CODE 4910–13–M oira [email protected], or faxed April 27, 2009. to (202) 395–6974, or mailed to the FOR FURTHER INFORMATION CONTACT: Office of Information and Regulatory DEPARTMENT OF TRANSPORTATION Carla Mauney at [email protected]. Affairs, Office of Management and Budget, Docket Library, Room 10102, SUPPLEMENTARY INFORMATION: Federal Aviation Administration 725 17th Street, NW., Washington, DC Federal Aviation Administration (FAA) 20503. Agency Information Collection Activity Comments are invited on: Whether Title: ACSEP Evaluation Customer Seeking OMB Approval Feedback Report. the proposed collection of information Type of Request: Extension without AGENCY: Federal Aviation is necessary for the proper performance change of a currently approved Administration (FAA), DOT. of the functions of the Department, collection. ACTION: Notice. including whether the information will OMB Control Number: 2120–0605. have practical utility; the accuracy of Form(s): Form 8100–7. SUMMARY: The FAA invites public the Department’s estimates of the Affected Public: An estimated 200 comments about our intention to request burden of the proposed information Respondents. the Office of Management and Budget’s collection; ways to enhance the quality,

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utility, and clarity of the information to ADDRESSES: Interested persons are AK. The FONSI/ROD provides final be collected; and ways to minimize the invited to submit written comments on agency determinations and approvals burden of the collection of information the proposed information collection to for the proposed development. on respondents, including the use of the Office of Information and Regulatory FOR FURTHER INFORMATION CONTACT: automated collection techniques or Affairs, Office of Management and Leslie Grey, Environmental Protection other forms of information technology. Budget. Comments should be addressed Specialist, AAL–614, Federal Aviation Issued in Washington, DC, on March 16, to the attention of the Desk Officer, Department of Transportation/FAA, and Administration, Alaskan Region, 2009. Airports Division, 222 W. 7th Avenue Carla Mauney, sent via electronic mail to _ #14, Anchorage, AK 99513–7504. Ms. FAA Information Collection Clearance oira [email protected], or faxed to (202) 395–6974, or mailed to the Grey may be contacted during business Officer, IT Enterprises Business Services hours at (907) 271–5453 (phone) and Division, AES–200. Office of Information and Regulatory (907) 271–2851 (facsimile). [FR Doc. E9–6185 Filed 3–25–09; 8:45 am] Affairs, Office of Management and BILLING CODE 4910–13–M Budget, Docket Library, Room 10102, SUPPLEMENTARY INFORMATION: The 725 17th Street, NW., Washington, DC FONSI/ROD is for the approval of 20503. actions for the construction of an DEPARTMENT OF TRANSPORTATION Comments are invited on: Whether airport, including a runway, runway the proposed collection of information safety area, an apron, airport access Federal Aviation Administration is necessary for the proper performance road, a relocated landfill and sewage of the functions of the Department, lagoon, an access road to the relocated Agency Information Collection Activity including whether the information will landfill and sewage lagoon, and closure Seeking OMB Approval have practical utility; the accuracy of of the existing landfill and sewage the Department’s estimates of the AGENCY: Federal Aviation lagoon. The FONSI/ROD provides the burden of the proposed information Administration (FAA), DOT. final agency determinations and collection; ways to enhance the quality, ACTION: Notice. approvals for Federal actions by the utility, and clarity of the information to FAA related to the selection of the be collected; and ways to minimize the SUMMARY: The FAA invites public alternative to meet the purpose and burden of the collection of information comments about our intention to request need for the action. The FONSI/ROD on respondents, including the use of the Office of Management and Budget’s also includes required mitigation automated collection techniques or (OMB) revision of a current information measures and conditions of approval. other forms of information technology. collection. The Federal Register Notice The FONSI/ROD indicates that the with a 60-day comment period soliciting Issued in Washington, DC, on March 17, selected actions are consistent with comments on the following collection of 2009. existing environmental policies and information was published on Carla Mauney, objectives set forth in the National November 4, 2008, vol. 73, no. 214, page FAA Information Collection Clearance Environmental Policy Act (NEPA) of 65714. The FAA uses the information Officer, IT Enterprises Business Services 1969, as amended, as well as other gathered from Grand Canyon National Division, AES–200. Federal and State statutes, and that the Park air tour operators to monitor their [FR Doc. E9–6195 Filed 3–25–09; 8:45 am] actions will not significantly affect the compliance with the Federal BILLING CODE 4910–13–M quality of the environment. The FAA’s regulations. decision is based upon information DATES: Please submit comments by contained in the Final EA, issued in April 27, 2009. DEPARTMENT OF TRANSPORTATION January 2009, and on all other FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration applicable documents available to the Carla Mauney at [email protected]. agency and considered by it, which SUPPLEMENTARY INFORMATION: Notice of Availability of the Finding of constitutes the administrative record. No Significant Impact and Record of The FAA’s determinations are discussed Federal Aviation Administration (FAA) Decision for the Final Environmental in the FONSI/ROD, which was Title: Commercial Air Tour Assessment (EA), Section 4(f) approved on March 16, 2009. Limitations in the Grand Canyon Evaluation, and Notice of Alaska National Park Special Flight Rules Area. National Interests Lands Conservation FONSI/ROD Availability and Review Type of Request: Revision of a Act (ANILCA) Section 810 Evaluation Copies of the FONSI/ROD may be currently approved collection. for the Proposed Airport Improvement OMB Control Number: 2120–0653. viewed during regular business hours at Project for the Barter Island Airport, the following locations: Form(s) There are no FAA forms Kaktovik, AK associated with this collection. 1. North Slope Borough Capital Affected Public: An estimated 13 AGENCY: Federal Aviation Improvement Project Office, 3000 C St., Respondents. Administration (FAA), Department of Suite 104, Anchorage, AK 99503. Laura Frequency: This information is Transportation (DOT). Strand, Project Administrator, (907) collected on occasion. ACTION: Notice of Availability of the 646–8274. Estimated Average Burden per Finding of No Significant Impact/ 2. City of Kaktovik, Mayor’s Office, Response: Approximately 44 minutes Record of Decision. P.O. Box 27, 2051 Barter Avenue, per response. Estimated Annual Burden Hours: An SUMMARY: The FAA is announcing the Kaktovik, Alaska 99747. Elizabeth estimated 38 hours annually. availability of the Finding of No Rexford, (907) 640–6313. Open: 8:30 Abstract: The FAA uses the Significant Impact/Record of Decision a.m.–5 p.m. M–F. information gathered from Grand (FONSI/ROD) for the Final EA, Section 3. North Slope Borough Village Canyon National Park air tour operators 4(f) Evaluation, and Notice of ANILCA Liaison, P.O. Box 102, 4070 Hula Hula to monitor their compliance with the Section 810 Evaluation for Barter Island Avenue, Kaktovik, Alaska 99747. Nora Federal regulations. Airport Improvement Project, Kaktovik, Jane Burns, (907) 640–6128.

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4. North Slope Borough Public Works, DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time 1689 Okpik Street, Barrow, Alaska or to the Docket Management Facility in 99723. Sophia Amling, (907) 852–0271. Federal Aviation Administration Room W12–140 of the West Building Ground Floor at 1200 New Jersey Open: 8:30 a.m.–5 p.m. M–F. [Summary Notice No. PE–2009–12] The FONSI/ROD may also be viewed Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through at the following Web site: http:// Petition for Exemption; Summary of Friday, except Federal holidays. www.faa.gov/airports_airtraffic/ Petition Received FOR FURTHER INFORMATION CONTACT: Mr. airports/environmental/ AGENCY: Federal Aviation records_decision/. Bob Stegeman, Small Airplane Administration (FAA), DOT. Directorate, Federal Aviation Issued in Anchorage, Alaska, on March 16, ACTION: Notice of petition for exemption Administration, 901 Locust, Kansas City 2009. received. MO 64106, fax 816–329–4090, Byron K. Huffman, telephone 816–329–4140, or Ralen Gao, SUMMARY: This notice contains a Manager, Federal Aviation Administration, Office of Rulemaking, ARM–209, summary of a petition seeking relief Airports Division, Alaskan Region. Federal Aviation Administration, 800 from specified requirements of 14 CFR Independence Avenue, SW., [FR Doc. E9–6747 Filed 3–25–09; 8:45 am] 23.562. The purpose of this notice is to BILLING CODE 4910–13–P Washington, DC 20591, fax 202–267– improve the public’s awareness of, and 5075, telephone 202–267–5075. This participation in, this aspect of FAA’s notice is published pursuant to 14 CFR regulatory activities. Neither publication 11.85. DEPARTMENT OF TRANSPORTATION of this notice nor the inclusion or omission of information in the summary Issued in Washington, DC, on March 20, Federal Aviation Administration is intended to affect the legal status of 2009. the petition or its final disposition. Pamela Hamilton-Powell, Research, Engineering and Director, Office of Rulemaking. Development Advisory Committee DATES: Comments on this petition must identify the petition docket number Petition for Exemption Pursuant to section 10(A)(2) of the involved and must be received on or Docket No.: FAA–2009–0036. Federal Advisory Committee Act (Pub. before April 15, 2009. Petitioner: Mr. Dale J. Morrow. L. 92–463; 5 U.S.C. App. 2), notice is ADDRESSES: You may send comments Section of 14 CFR Affected: 14 CFR hereby given of a meeting of the FAA identified by Docket Number FAA– 23.562. Research, Engineering and Development 2009–0036 using any of the following Description of Relief Sought: Mr. Dale (R, E&D) Advisory Committee. methods: J. Morrow seeks an exemption to Title • Government-Wide Rulemaking Web 14 Code of Federal Regulations, 23.562, Agency: Federal Aviation Administration. Site: Go to http://www.regulations.gov ‘‘Emergency Landing Dynamic Action: Notice of meeting. and follow the instructions for sending Name: Research, Engineering & Conditions’’ for a seat that can be your comments electronically. Development Advisory Committee. occupied by a passenger on a Pilatus • Mail: Send comments to the Docket Time and Date: April 29, 2009–9 a.m. to PC–12 aircraft. The modified seat Management Facility; U.S. Department 5 p.m. installation will accommodate a of Transportation, 1200 New Jersey Place: Federal Aviation Administration, passenger with certain medical 800 Independence Avenue, SW—Round Avenue, SE., West Building Ground conditions who cannot comfortably be Room (10th Floor), Washington, DC 20591. Floor, Room W12–140, Washington, DC seated in a standard FAA approved 20590. aircraft passenger seat. The proposed Purpose: The meeting agenda will include • receiving from the Committee guidance for Fax: Fax comments to the Docket exemption would mitigate the impact Management Facility at 202–493–2251. threats for the occupant in the modified FAA’s research and development • investments in the areas of air traffic services, Hand Delivery: Bring comments to seat with the use of alternative airports, aircraft safety, human factors and the Docket Management Facility in technologies. Room W12–140 of the West Building environment and energy. [FR Doc. E9–6729 Filed 3–25–09; 8:45 am] Ground Floor at 1200 New Jersey Attendance is open to the interested public BILLING CODE 4910–13–P but seating is limited. Persons wishing to Avenue, SE., Washington, DC, between attend the meeting or obtain information 9 a.m. and 5 p.m., Monday through should contact Gloria Dunderman at (202) Friday, except Federal holidays. DEPARTMENT OF TRANSPORTATION 267–8937 or [email protected]. Privacy: We will post all comments Attendees will have to present picture ID at we receive, without change, to http:// Federal Highway Administration the security desk and escorted to the Round www.regulations.gov, including any [U.S. DOT Docket No. FHWA–2009–0036] Room. Members of the public may present a personal information you provide. written statement to the Committee at any Using the search function of our docket Notice: Letter of Public Notification on time. Web site, anyone can find and read the the Federal Highway Administration comments received into any of our Issued in Washington, DC, on March 18, (FHWA) State Reports for American dockets, including the name of the 2009. Recovery and Reinvestment Act individual sending the comment (or (ARRA); Information Collection Activity Barry Scott, signing the comment for an association, Director, Research & Technology business, labor union, etc.). You may AGENCY: Federal Highway Development. review DOT’s complete Privacy Act Administration, DOT. [FR Doc. E9–6478 Filed 3–25–09; 8:45 am] Statement in the Federal Register FHWA is submitting this notification BILLING CODE 4910–13–M published on April 11, 2000 (65 FR to the Office of Management and Budget 19477–78). (OMB) for emergency processing to meet Docket: To read background Paperwork Reduction Act (PRA) documents or comments received, go to requirements.

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SUMMARY: The American Recovery and DEPARTMENT OF TRANSPORTATION review DOT’s complete Privacy Act Reinvestment Act of 2009 (ARRA), Statement in the Federal Register provides the State Departments of National Highway Traffic Safety published on April 11, 2000 (65 FR Transportation and Federal Lands Administration 19477–78) or you may visit http:// Agencies with $27.5 billion for highway [U.S. DOT Docket Number NHTSA–2009– DocketInfo.dot.gov. infrastructure investment. With these 0054] Docket: For access to the docket to funds also comes an increased level of read background documents or data reporting with the stated goal of Reports, Forms, and Recordkeeping comments received, go to http:// www.regulations.gov. or the street improving transparency and Requirements address listed above. Follow the online accountability at all levels of AGENCY: National Highway Traffic instructions for accessing the dockets. government. According to President Safety Administration (NHTSA), FOR FURTHER INFORMATION CONTACT: Obama, ‘‘Every American will be able to Department of Transportation. Complete copies of each request for hold Washington accountable for these ACTION: Request for public comment on collection of information may be decisions by going online to see how proposed collection of information. obtained at no charge from Timothy M. and where their tax dollars are being Pickrell, NHTSA, 1200 New Jersey SUMMARY: Before a Federal agency can spent.’’ The Federal Highway Avenue, SE., W55–204, NVS– collect certain information from the Administration (FHWA) in concert with 421,Washington, DC. 20590. Mr. public, it must receive approval from the Office of the Secretary of Pickrell’s telephone number is (202) the Office of Management and Budget Transportation (OST) and the other 366–2903. modes within the U.S. Department of (OMB). Under procedures established Please identify the relevant collection Transportation (DOT) will be taking the by the Paperwork Reduction Act of of information by referring to its OMB 1995, before seeking OMB approval, appropriate steps to ensure that this Control Number. Federal agencies must solicit public accountability and transparency is in SUPPLEMENTARY INFORMATION: Under the comment on proposed collections of Paperwork Reduction Act of 1995, place for all infrastructure investments. information, including extensions and before an agency submits a proposed The reporting requirements of the reinstatement of previously approved collection of information to OMB for ARRA are covered in Sections 1201 and collections. approval, it must first publish a 1512. Section 1201(c)(1) stipulates that This document describes one document in the Federal Register ‘‘notwithstanding any other provision of collection of information for which NHTSA intends to seek OMB approval. providing a 60-day comment period and law each grant recipient shall submit to otherwise consult with members of the DATES: the covered agency (FHWA) from which Comments must be received on public and affected agencies concerning they received funding periodic reports or before May 26, 2009. each proposed collection of information. on the use of the funds appropriated in ADDRESSES: You may submit comments The OMB has promulgated regulations this Act for covered programs. Such [identified by DOT Docket No. NHTSA– describing what must be included in reports shall be collected and compiled XX–XX] by any of the following such a document. Under OMB’s by the covered agency (FHWA) and methods: • regulation (at 5 CFR 1320.8(d)), an transmitted to Congress. Covered Federal eRulemaking Portal: Go to agency must ask for public comment on agencies (FHWA) may develop such http://www.regulations.gov. Follow the the following: reports on behalf of grant recipients online instructions for submitting (i) Whether the proposed collection of comments. information is necessary for the proper (states) to ensure the accuracy and • consistency of such reports.’’ Mail: Docket Management Facility: performance of the functions of the U.S. Department of Transportation, 1200 agency, including whether the Section 1512 of the ‘‘Jobs New Jersey Avenue, SE., West Building Accountability Act’’ requires ‘‘any information will have practical utility; Ground Floor, Room W12–140, (ii) The accuracy of the agency’s entity that receives recovery funds Washington, DC 20590–0001 estimate of the burden of the proposed • directly from the Federal Government Hand Delivery or Courier: West collection of information, including the (including recovery funds received Building Ground Floor, Room W12–140, validity of the methodology and through grant, loan, or contract) other 1200 New Jersey Avenue, SE., between assumptions used; than an individual,’’ including States, to 9 a.m. and 5 p.m. ET, Monday through (iii) How to enhance the quality, provide regular ‘‘Recipient Reports.’’ Friday, except Federal holidays. utility, and clarity of the information to Telephone: 1–800–647–5527. FOR FURTHER INFORMATION CONTACT: be collected; • Fax: 202–493–2251 (iv) How to minimize the burden of David Winter, 202–366–0175, Director, Instructions: All submissions must the collection of information on those Office of Highway Policy Information, include the agency name and docket who are to respond, including the use HPPI–1, 1200 New Jersey Avenue, SE., number for this proposed collection of of appropriate automated, electronic, Washington, DC 20590. information. Note that all comments mechanical, or other technological Authority: The paperwork reduction Act of received will be posted without change collection techniques or other forms of 1995; 44 U.S.C., Chapter 35, as amended; and to http://www.regulations.gov, including information technology, e.g., permitting 49 CFR 1.48. any personal information provided. electronic submission of responses. Please see the Privacy Act heading Issued on March 19, 2009. In compliance with these below. requirements, NHTSA asks for public James R. Kabel, Privacy Act: Anyone is able to search comments on the following proposed Chief, Management Programs and Analysis the electronic form of all comments collections of information: Division, HAIM–10. received into any of our dockets by the Title: The National Survey on the Use [FR Doc. E9–6748 Filed 3–25–09; 8:45 am] name of the individual submitting the of Booster Seats. BILLING CODE 4910–22–P comment (or signing the comment, if OMB Control Number: 2127–0644. submitted on behalf of an association, Affected Public: Motorists in business, labor union, etc.). You may passenger vehicles at gas stations, fast

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food restaurants, and other types of sites DEPARTMENT OF TRANSPORTATION all attendees are encouraged to register frequented by children during the time for the workshop at https:// in which the survey is conducted. Pipeline and Hazardous Materials primis.phmsa.dot.gov/meetings/ Safety Administration Form Number: NHTSA Form 1010. Mtg58.mtg. Hotel reservations must be [Docket ID PHMSA–2009–0060] made by contacting the hotel directly. Abstract: The National Survey of the Comments: Members of the public Use of Booster Seats is being conducted Pipeline Safety: Workshop on New may also submit written comments, to respond to the Section 14(i) of the Pipeline Construction either before or after the workshop. Transportation Recall Enhancement, Comments should reference Docket ID Accountability, and Documentation AGENCY: Pipeline and Hazardous PHMSA–2009–0060. Comments may be (TREAD) Act of 2000. The act directs Materials Safety Administration submitted in the following ways: the Department of Transportation to (PHMSA), DOT. • E-Gov Web Site: http:// reduce the deaths and injuries among ACTION: Notice of workshop. www.regulations.gov. This site allows the public to enter comments on any children in the 4 to 8 year old age group SUMMARY: Recent new pipeline that are caused by failure to use a Federal Register notice issued by any construction inspections by PHMSA agency. Follow the instructions for booster seat by 25%. Conducting the have identified issues regarding National Survey of the Use of Booster submitting comments. procedures and inspection of pipeline • Fax: 1–202–493–2251 Seats provides the Department with coating, welding, and general pipeline • Mail: Docket Management System, invaluable information on who is and is construction practices. Many of the U.S. Department of Transportation, 1200 not using booster seats, helping the issues required immediate response New Jersey Avenue, SE., Room W12– Department better direct its outreach from operators to avoid impacting long 140, Washington, DC 20590. programs to ensure that children are term pipeline integrity before the • Hand Delivery: DOT Docket protected to the greatest degree possible pipeline was put into service. PHMSA Management System, Room W12–140, when they ride in motor vehicles. The is leading a workshop cosponsored by on the ground floor of the West OMB approval for this survey is the National Association of Pipeline Building, 1200 New Jersey Avenue, SE., scheduled to expire on July 31, 2009. Safety Representatives (NAPSR), the Washington, DC between 9 a.m. and 5 NHTSA seeks an extension to this Federal Energy Regulatory Commission p.m., Monday through Friday, except approval in order to obtain this (FERC), and the Canadian National Federal holidays. important survey data, saving more Energy Board (NEB), on new pipeline Instructions: Identify the Docket ID at children and helping to comply with the construction in established rights-of- the beginning of your comments. If you TREAD Act requirement. way to allow stakeholders of the submit your comments by mail, submit pipeline safety community to learn two copies. If you wish to receive Estimated Annual Burden: 320 hours. about and discuss these construction confirmation that PHMSA has received Estimated Number of Respondents: issues and current practices used to your comments, include a self- Approximately 4,800 adult motorists in resolve issues and ensure pipeline addressed stamped postcard. Internet passenger vehicles at gas stations, fast safety. users may submit comments at http:// food restaurants, and other types of sites DATES: The workshop will be held on www.regulations.gov. Note: Comments frequented by children during the time April 23, 2009. Name badge pick-up and will be posted without changes or edits in which the survey is conducted. on-site registration will be available to http://www.regulations.gov including Comments are invited on: Whether starting at 7:30 a.m. with the workshop any personal information provided. Please see the Privacy Act heading in the proposed collection of information taking place from 8 a.m. until the Regulatory Analyses and Notices is necessary for the proper performance approximately 5 p.m.. Refer to the section of the SUPPLEMENTARY of the functions of the Department, meeting Web site for updated agenda and times at https:// INFORMATION for additional information. including whether the information will Privacy Act Statement: Anyone may have practical utility; the accuracy of primis.phmsa.dot.gov/meetings/ Mtg58.mtg. Please note that all search the electronic form of all the Department’s estimate of the burden comments received for any of our of the proposed information collection; workshop presentations will be available on the meeting Web site dockets. You may review DOT’s ways to enhance the quality, utility and within 30 days following the workshop. complete Privacy Act Statement in the clarity of the information to be Federal Register published April 11, ADDRESSES: The workshop will be held collected; and ways to minimize the 2000 (65 FR 19477). at the Omni Fort Worth Hotel, 1300 burden of the collection of information Information on Services for Houston Street, Fort Worth, TX 76102. on respondents, including the use of Individuals with Disabilities: For Hotel reservations under the ‘‘U.S. DOT information on facilities or services for automated collection techniques or Pipeline Construction’’ room block for other forms of information technology. individuals with disabilities, or to the nights of April 22–23, 2009, can be request special assistance at the Issued on: March 13, 2009. made at 1–817–535–6664. A daily rate meeting, please contact Elizabeth Marilena Amoni, of $149.00 is available. The meeting Komiskey at (202) 288–1818, or by e- Associate Administrator, National Center for room will be posted at the hotel on the mail at [email protected] by Statistics and Analysis, National Highway day of the workshop. April 15, 2009. Traffic Safety Administration, U.S. FOR FURTHER INFORMATION CONTACT: Issue Description: The pipeline Department of Transportation, 1200 New Elizabeth Komiskey at (202) 288–1818, industry is experiencing unparalleled Jersey Avenue, SE., Washington, DC 20590. or by e-mail at growth driven by the need to satisfy the [FR Doc. E9–6766 Filed 3–25–09; 8:45 am] [email protected]. Nation’s energy demand and bring new BILLING CODE 4910–59–P SUPPLEMENTARY INFORMATION: sources of supply to the market. In the Registration: Members of the public conduct of its oversight of these may attend this free workshop. To help increased activities, PHMSA inspections assure that adequate space is provided, of new pipeline projects have

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discovered a number of issues that addressed to the OMB reviewer listed DEPARTMENT OF THE TREASURY could have a clear impact on the and to the Treasury Department integrity of the pipeline. Clearance Officer, Department of the Community Development Financial During the 2008 pipeline construction Treasury, Room 11000, and 1750 Institutions Fund season, PHMSA inspectors discovered Pennsylvania Avenue, NW., Notice of Allocation Availability issues requiring immediate operator Washington, DC 20220. remediation prior to the pipeline being (NOAA) Inviting Applications for the placed in service or requiring pressure DATES: Written comments should be CY 2009 Allocation Round of the New reduction to assure pipeline integrity. received on or before April 27, 2009 to Markets Tax Credit (NMTC) Program be assured of consideration. Issues discovered during PHMSA Announcement Type: Change to inspections included poor quality Internal Revenue Service (IRS) NOAA inviting applications for the CY control and procedures for welding, 2009 Allocation Round of the NMTC coating, and materials; as well as OMB Number: 1545–2119. Program: Increase in allocation inadequate operator inspection and Type of Review: Extension. authority; increase in maximum general construction practices. PHMSA anticipated allocation award amount; Title: Notice 2008–79, Tax-exempt developed this workshop in waiver of Qualified Equity Investment Housing Bonds and 2008 Housing collaboration with our State partners, (QEI) issuance requirements for FERC and NEB to inform the public, Legislation. allocation awards made in CY 2008; alert the industry, review lessons Description: This information is being notification of reporting requirements learned from inspections, and to requested from issuers of tax-exempt for allocatees receiving allocations improve new pipeline construction bonds who issue bonds subject to the pursuant to the American Recovery and practices prior to the 2009 construction new volume cap or utilize proceeds of Reinvestment Act of 2009. season. mortgage revenue bonds to refinance Dates: Electronic applications must be Due to time constraints, this certain qualified subprime mortgage received by 5 p.m. ET on April 8, 2009. workshop will focus solely on natural loans, as provided in the Housing Applications sent by mail, facsimile or gas transmission and hazardous liquid Assistance Tax Act of 2008, enacted July other form will not be accepted. pipelines being constructed on 30, 2008 (‘‘2008 Housing Act’’). We are Executive Summary: This NOAA established rights-of-way and will not asking issuers to report bonds issued update is issued in connection with the include discussion on property rights, pursuant to the new volume cap on calendar year 2009 tax credit allocation permitting or siting issues. existing form 8038 that is already round of the NMTC Program, authorized Preliminary Workshop Agenda required to be filed in connection with by Title I, subtitle C, section 121 of the bond issues, and issuers of mortgage Community Renewal Tax Relief Act of The workshop will include: 2000 (Pub. L. 106–554), as amended (the revenue bonds to attach a schedule to (1) Quality Control and Inspection, Act). On January 22, 2009, the the 8038 providing a reasonable (2) Welding, Community Development Financial (3) Coating, estimate of the total expected principal Institutions Fund (the Fund) announced (4) Materials, and amount that will be utilized to refinance in the NOAA for the NMTC Program (74 (5) Best practices for pipeline qualified subprime mortgage loans. We FR 4077) the amount of NMTC construction. are asking issuers to file a second copy allocation authority available, the QEI Refer to the meeting Web site for a of an existing IRS Form 8328 in order issuance requirements for prior-round more detailed agenda: https:// to make the election to carry forward allocatees, and the reporting primis.phmsa.dot.gov/meetings/ additional volume cap provided under requirements for allocatees. Pursuant to Mtg58.mtg. the 2008 Housing Act that remains the recent passage of the American Issued in Washington, DC, on March 19, unused at the end of calendar year 2008. Recovery and Reinvestment Act of 2009 2009. Respondents: State Local, and Tribal (Recovery Act), the Fund hereby Jeffrey D. Wiese, Governments. announces an increase in the total Associate Administrator for Pipeline Safety. available NMTC allocation authority to Estimated Total Burden Hours: 300 $5.0 billion for the CY 2009 round. [FR Doc. E9–6690 Filed 3–25–09; 8:45 am] hours. BILLING CODE 4910–60–P Furthermore, with respect to eligibility Clearance Officer: R. Joseph Durbala, for an allocation under the CY 2009 (202) 622–3634, Internal Revenue round, the Fund hereby waives the QEI DEPARTMENT OF THE TREASURY Service, Room 6516, 1111 Constitution issuance requirements for allocation Avenue, NW., Washington, DC 20224. awards made in CY 2008 and increases Submission for OMB Review; OMB Reviewer: Shagufta Ahmed, the anticipated maximum allocation Comment Request (202) 395–7873, Office of Management award for CY 2009 to $125 million each. and Budget, Room 10235, New Finally, the Fund is hereby providing March 20, 2009. guidance on reporting requirements for Executive Office Building, Washington, The Department of Treasury will allocatees whose allocations are DC 20503. submit the following public information authorized pursuant to the Recovery collection requirement(s) to OMB for Celina Elphage, Act. review and clearance under the Treasury PRA Clearance Officer. Increase in Allocation Authority: The Paperwork Reduction Act of 1995, [FR Doc. E9–6692 Filed 3–25–09; 8:45 am] January 22, 2009 NOAA announced that Public Law 104–13 on or after the date there would be a total of $3.5 billion of of publication of this notice. Copies of BILLING CODE 4830–01–P NMTC allocation authority available in the submission(s) may be obtained by the CY 2009 round. The Recovery Act calling the Treasury Bureau Clearance increases the NMTC allocation authority Officer listed. Comments regarding this for the CY 2009 round from $3.5 billion information collection should be to $5.0 billion.

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Increase of Award Amount: The posted on OMB’s or the Fund’s Web the document titled ‘‘How to Request a January 22, 2009 NOAA also announced site. Legal Review,’’ found on the Fund’s that the Fund expects that it will All other information and Web site at http://www.cdfifund.gov. provide allocation awards of not more requirements set forth in the January 22, Authority: 26 U.S.C. 45D; 31 U.S.C. 321; 26 than $100 million per applicant. Due to 2009 NOAA shall remain effective, as CFR 1.45D–1; Pub. L. No. 111–5. the additional allocation authority published. Dated: March 20, 2009. authorized through the Recovery Act, For Further Information Contact: The this notice announces that the Fund Fund will provide programmatic and Donna Gambrell, now expects that it may provide information technology support related Director, Community Development Financial allocation awards of not more than $125 to the allocation application between Institutions Fund. million per applicant. the hours of 9 a.m. and 5 p.m. ET [FR Doc. E9–6789 Filed 3–25–09; 8:45 am] Waiver of QEI Issuance Requirements through April 6, 2009. The Fund will BILLING CODE 4810–70–P for CY 2008 Allocatees: The January 22, not respond to phone calls or e-mails 2009 NOAA provided information concerning the application that are DEPARTMENT OF THE TREASURY regarding QEI issuance requirements for received after 5 p.m. ET on April 6, prior-year allocatees, including CY 2008 2009 until after the allocation application deadline of April 8, 2009. Office of the Comptroller of the round allocatees. This notice announces Currency that, for the CY 2009 round of the Applications and other information regarding the Fund and its programs NMTC Program, a prior allocatee in the Agency Information Collection may be obtained from the Fund’s Web sixth round of the NMTC Program (CY Activities: Submission for OMB site at http://www.cdfifund.gov. The 2008) is not required to issue a Review; Comment Request Fund will post on its Web site responses minimum amount of QEIs relating to its to questions of general applicability CY 2008 NMTC Allocation in order to AGENCY: Office of the Comptroller of the regarding the NMTC Program. Currency (OCC), Treasury. be eligible for an allocation under the A. Information technology support: ACTION: Notice and request for comment. seventh round (CY 2009). Technical support can be obtained by Reporting Requirements for CY 2009 calling (202) 622–2455 or by e-mail at SUMMARY: Allocatees Receiving Recovery Act The OCC, as part of its [email protected]. People who continuing effort to reduce paperwork Allocations: The January 22, 2009 have visual or mobility impairments NOAA indicated that each applicant and respondent burden, invites the that prevent them from accessing the general public and other Federal that is selected to receive a NMTC Low-Income Community maps using the allocation (including the applicant’s agencies to take this opportunity to Fund’s Web site should call (202) 622– comment on a continuing information Subsidiary transferees) must sign a 2455 for assistance. These are not toll Notice of Allocation and enter into an collection, as required by the Paperwork free numbers. Reduction Act of 1995. An agency may Allocation Agreement with the Fund. B. Programmatic support: If you have The Notice of Allocation and Allocation not conduct or sponsor, and a any questions about the programmatic respondent is not required to respond Agreement will set forth certain requirements of this NOAA, contact the required terms and conditions of the to, an information collection unless it Fund’s NMTC Program Manager by e- displays a currently valid OMB control NMTC allocation which will include, mail at [email protected], by among other things, reporting number. The OCC is soliciting comment telephone at (202) 622–6355, by concerning its information collection requirements for all applicants receiving facsimile at (202) 622–7754, or by mail NMTC allocations. This notice titled, ‘‘Recordkeeping Requirements for at CDFI Fund, 601 13th Street, NW., Securities Transactions—12 CFR part announces that, due to the nature of the Suite 200 South, Washington, DC 20005. Recovery Act, it is expected that 12.’’ The OCC also gives notice that it These are not toll free numbers. has sent the information collection to allocatees receiving NMTC allocations C. Administrative support: If you have under the Recovery Act will be the Office of Management and Budget any questions regarding the (OMB) for review. required, at a minimum, to: (i) Invest administrative requirements of this QEI proceeds in low-income NOAA, contact the Fund’s Awards DATES: You should submit comments by communities in an expedited manner; Manager by e-mail at April 27, 2009. (ii) track the use of these QEI proceeds [email protected], by ADDRESSES: Communications Division, on all investments; and (iii) provide telephone at (202) 622–8226, by Office of the Comptroller of the data to the Federal government on a facsimile at (202) 622–6453, or by mail Currency, Mailstop 2–3, Attention: quarterly basis that indicates how QEI at CDFI Fund, 601 13th Street, NW., 1557–0142, 250 E Street, SW., proceeds were spent and the impacts Suite 200 South, Washington, DC 20005. Washington, DC 20219. In addition, (e.g., job creation) that were realized in These are not toll free numbers. comments may be sent by fax to (202) the low-income communities. Specific D. IRS support: For questions 874–5274, or by electronic mail to reporting requirements are still under regarding the tax aspects of the NMTC [email protected]. You may development and will be outlined in Program, contact Branch Five, Office of personally inspect and photocopy each allocatee’s Allocation Agreement. the Associate Chief Counsel comments at the OCC, 250 E Street, In the meantime, the Fund encourages (Passthroughs and Special Industries), SW., Washington, DC. For security all allocatees to review the Office of IRS, by telephone at (202) 622–3040, by reasons, the OCC requires that visitors Management and Budget’s (OMB’s) facsimile at (202) 622–4753, or by mail make an appointment to inspect memorandum (M–09–10; http:// at 1111 Constitution Avenue, NW., Attn: comments. You may do so by calling www.whitehouse.gov/omb/assets/ CC:PSI:5, Washington, DC 20224. These (202) 874–4700. Upon arrival, visitors memoranda_fy2009/m09–10.pdf) are not toll free numbers. will be required to present valid regarding potential reporting E. Legal counsel support: If you have government-issued photo identification requirements for organizations that any questions or matters that you and submit to security screening in receive awards under the Recovery Act, believe require response by the Fund’s order to inspect and photocopy as well as any subsequent guidance Office of Legal Counsel, please refer to comments.

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Additionally, you should send a copy discretion, trust transactions, agency DEPARTMENT OF VETERANS of your comments to: OCC Desk Officer, transactions and certain securities AFFAIRS 1557–0142, by mail to U.S. Office of transactions for periodic plans. Management and Budget, 725, 17th • Sections 12.7(a)(1) through (a)(3) Geriatrics and Gerontology Advisory Street, NW., #10235, Washington, DC require a national bank to maintain and Committee; Notice of Meeting 20503, or by fax to (202) 395–6974. adhere to policies and procedures that The Department of Veterans Affairs FOR FURTHER INFORMATION CONTACT: You assign responsibility for supervision of (VA) gives notice under Public Law 92– can request additional information or a employees who perform securities 463 (Federal Advisory Committee Act) copy of the collection from Mary H. trading functions; provide for the fair that a meeting of the Geriatrics and Gottlieb, OCC Clearance Officer, (202) and equitable allocation of securities Gerontology Advisory Committee will 874–5090, Legislative and Regulatory and prices to accounts; and provide for be held on April 23–24, 2009, in Room Activities Division, Office of the the crossing of buy and sell orders on 530, Department of Veterans Affairs, 810 Comptroller of the Currency, 250 E a fair and equitable basis. • Vermont Avenue, NW., Washington, Street, SW., Washington, DC 20219. Section 12.7(a)(4) requires certain DC. On April 23, the session will begin SUPPLEMENTARY INFORMATION: The OCC bank officers and employees involved in at 8:30 a.m. and end at 5 p.m. On April is proposing to extend OMB approval of the securities trading process to report 24, the session will begin at 8 a.m. and the following information collection: to the bank within ten business days end at 12 p.m. This meeting is open to Title: Recordkeeping Requirements after the end of the calendar quarter all the public. for Securities Transactions—12 CFR personal transactions in securities made The purpose of the Committee is to part 12. by them or on their behalf in which they provide advice to the Secretary of OMB Number: 1557–0142. have a beneficial interest. Veterans Affairs and the Under • Description: This submission covers Section 12.8 requires a national Secretary for Health on all matters an existing regulation and involves no bank seeking a waiver of one or more of pertaining to geriatrics and gerontology. change to the regulation or to the the requirements of §§ 12.2 through 12.7 The Committee assesses the capability information collection requirements. to file a written request for waiver with of VA health care facilities and The only revisions to the submission are the OCC. programs to meet the medical, the revised estimates, which have been Type of Review: Regular. psychological, and social needs of older updated. Affected Public: Individuals; Veterans and evaluates VA programs The information collection businesses or other for-profit. designated as Geriatric Research, requirements in 12 CFR part 12 are Estimated Number of Respondents: Education, and Clinical Centers. required to ensure national bank 497. The meeting will feature compliance with securities laws and to Estimated Total Annual Responses: presentations and discussions on VA’s improve the protection afforded persons 2,501. aging research activities, update on the who purchase and sell securities Estimated Frequency of Response: On VA’s geriatric workforce (to include through banks. The transaction occasion. training, recruitment and retention confirmation information provides Estimated Total Annual Burden: approaches), Veterans Health customers with a record regarding each 2,711 hours. Administration (VHA) Geriatric Primary transaction and provides banks and the The OCC issued a 60-day notice for Care, VHA strategic planning activities OCC with records to ensure compliance comment on January 13, 2009. 74 FR in geriatrics and extended care, recent with banking and securities laws and 1762. No comments were received. VHA efforts regarding dementia and the regulations. The OCC uses the required Comments continued to be invited on: long term care needs of recently information in its examinations to, (a) Whether the collection of returning Veterans, program advances in among other things, evaluate a bank’s information is necessary for the proper Community Living Centers and compliance with the antifraud performance of the functions of the palliative care, and policy guidance and provisions of the Federal securities agency, including whether the performance oversight of the VA laws. information has practical utility; Geriatric Research, Education, and The information collection (b) The accuracy of the agency’s Clinical Centers. requirements contained in 12 CFR part estimate of the burden of the collection No time will be allocated at this 12 are as follows: of information; meeting for receiving oral presentations • Section 12.3 requires a national (c) Ways to enhance the quality, from the public. Interested parties bank effecting securities transactions for utility, and clarity of the information to should provide written comments for customers to maintain records for at be collected; review by the Committee not less than least three years. The records required (d) Ways to minimize the burden of ten days in advance of the meeting to by this section must clearly and the collection on respondents, including Mrs. Marcia Holt-Delaney, Office of accurately reflect the information through the use of automated collection Geriatrics and Extended Care (114), required and provide an adequate basis techniques or other forms of information Department of Veterans Affairs, 810 for the audit of the information. Vermont Avenue, NW., Washington, DC • technology; and Section 12.4 requires a national (e) Estimates of capital or startup costs 20420. Individuals who wish to attend bank to give or send to the customer a and costs of operation, maintenance, the meeting should contact Mrs. Holt- written notification of the transaction or and purchase of services to provide Delaney, Program Analyst, at (202) 461– a copy of the registered broker/dealer information. 6769. confirmation relating to the transaction. Dated: March 23, 2009. • Sections 12.5(a), (b), (c), and (e) Dated: March 20, 2009. describe notification procedures a Michele Meyer, By direction of the Secretary. national bank may use as an alternative Assistant Director, Legislative and Regulatory E. Philip Riggin, to complying with § 12.4, to notify Activities Division. Committee Management Officer. customers of transactions in which the [FR Doc. E9–6767 Filed 3–25–09; 8:45 am] [FR Doc. E9–6802 Filed 3–25–09; 8:45 am] bank does not exercise investment BILLING CODE 4810–33–P BILLING CODE 8320–01–P

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Reader Aids Federal Register Vol. 74, No. 57 Thursday, March 26, 2009

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 1599...... 13062 Executive orders and proclamations 741–6000 1779...... 9759 Proclamations: 3575...... 9759 The United States Government Manual 741–6000 8346...... 9735 4279...... 9759 8347...... 9737 Other Services 4280...... 9759 8348...... 9739 Electronic and on-line services (voice) 741–6020 5001...... 9759 Privacy Act Compilation 741–6064 8349...... 9741 8350...... 9745 Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 741–6043 28...... 13128 TTY for the deaf-and-hard-of-hearing 741–6086 8351...... 9747 8352...... 11637 340...... 10517 980...... 9969 Executive Orders: ELECTRONIC RESEARCH 1005...... 10842 13435 (revoked by 1007...... 10842 World Wide Web 13505) ...... 10667 Full text of the daily Federal Register, CFR and other publications 13505...... 10667 8 CFR is located at: http://www.gpoaccess.gov/nara/index.html 13506...... 11271 Federal Register information and research tools, including Public 274a...... 10455 Inspection List, indexes, and links to GPO Access are located at: Administrative Orders: Memorandums: 9 CFR http://www.archives.gov/federallregister Memorandum of March E-mail 77...... 12055 3, 2009 ...... 9753 309...... 11463 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Memorandum of March 317...... 11837 an open e-mail service that provides subscribers with a digital 4, 2009 ...... 9755 381...... 11837 form of the Federal Register Table of Contents. The digital form Memorandum of March of the Federal Register Table of Contents includes HTML and 9, 2009 ...... 10664 10 CFR PDF links to the full text of each document. Memorandum of March 63...... 10811 To join or leave, go to http://listserv.access.gpo.gov and select 9, 2009 ...... 10671 430...... 12058 Online mailing list archives, FEDREGTOC-L, Join or leave the list Memorandum of March 431...... 12058 (or change settings); then follow the instructions. 20, 2009 ...... 12531 436...... 10830 PENS (Public Law Electronic Notification Service) is an e-mail Presidential Determinations: 440...... 12535 service that notifies subscribers of recently enacted laws. No. 2009-16 of March To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 820...... 11839 11, 2009 ...... 11461 and select Join or leave the list (or change settings); then follow Proposed Rules: the instructions. Notices: 72...... 9178 FEDREGTOC-L and PENS are mailing lists only. We cannot Notice of March 3, 170...... 9130 respond to specific inquiries. 2009 ...... 9751 171...... 9130, 12737 Reference questions. Send questions and comments about the Notice of March 11, 431...... 12000 2009 ...... 10999 Federal Register system to: [email protected] 11 CFR The Federal Register staff cannot interpret specific documents or 5 CFR regulations. 100...... 9565, 10676 Reminders. Effective January 1, 2009, the Reminders, including 300...... 9951 104...... 9565, 10676 Rules Going Into Effect and Comments Due Next Week, no longer 630...... 10165 110...... 9565, 10676 1201...... 9343 appear in the Reader Aids section of the Federal Register. This 12 CFR information can be found online at http://www.regulations.gov. 1210...... 9343 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 2411...... 11639 225...... 12076 longer appears in the Federal Register. This information can be 2417...... 11639 327...... 9338, 9525 found online at http://bookstore.gpo.gov/. Proposed Rules: 370...... 9522, 12078 532 ...... 9967, 9968, 12280 701...... 13082 FEDERAL REGISTER PAGES AND DATE, MARCH 740...... 9347 7 CFR 742...... 13082 9045–9158...... 2 46...... 11835 747...... 9349 9159–9342...... 3 400...... 11643 1229...... 13083 9343–9564...... 4 407...... 11643 Proposed Rules: 457...... 11643, 13055 9565–9752...... 5 12225–12530...... 24 4...... 10136 4753–9950...... 6 636...... 10673 21...... 10130 12531–13054...... 25 9951–10164...... 9 920...... 12051 226...... 12464 13055–13312...... 26 10165–10454...... 10 925...... 11275 510...... 10145 10455–10672...... 11 930...... 12053 563...... 10139 10673–10810...... 12 944...... 11275 701...... 9573 10811–11000...... 13 984...... 9045, 9344 707...... 13129 11001–11274...... 16 989...... 9951 741...... 13139 11275–11460...... 17 1220...... 9047 748...... 13139 11461–11638...... 18 1465...... 10674 749...... 13139 11639–11834...... 19 1466...... 10674 11835–12050...... 20 1496...... 13062 14 CFR 12051–12224...... 23 1499...... 13062 39 ...... 9565, 10166, 10168,

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10455, 10457, 10469, 11001, 360...... 11474 95...... 11196 271...... 12625 11003, 11004, 11006, 11009, Proposed Rules: 101...... 11196, 13114 300...... 11862, 12267 11011, 11013, 11014, 12086, 10...... 10849 110 ...... 10484, 11196, 11293 370...... 13124 12225, 12228, 12233, 12236, 117 ...... 9767, 10486, 10487, 745...... 11863 12238, 12241, 12243, 12245, 20 CFR 11645, 12551, 12553, 13116 Proposed Rules: 12247, 12249, 12252, 13084, Proposed Rules: 141...... 11196 51...... 11509, 12970 13086, 13089, 13092, 13094, 655...... 11408 155...... 11196 52 ...... 11049, 11509, 11702, 13096 156...... 11196 11888, 12776, 12777, 12778, 71...... 10676, 11466 21 CFR 160...... 11196 12779, 12780, 13166, 13170 73...... 10171 1...... 13111 162...... 11196 55...... 9180, 11330 97 ...... 10471, 10473, 11278, 26...... 13111 163...... 11196 62...... 13170 11467 73...... 10483 164...... 11196 63...... 12784 137...... 13098 101...... 10483 165 ...... 9768, 9956, 11196, 86...... 12784 382...... 11469 172...... 11019, 11476 12089, 13118 87...... 12784 Proposed Rules: 201...... 13111 334...... 11481 89...... 12784 39 ...... 9050, 9774, 9776, 9971, 203...... 13111 402...... 10677 90...... 12784 10195, 10197, 10199, 10202, 310...... 9759, 13111 Proposed Rules: 94...... 12784 11043, 11505, 12094, 12096, 312...... 13111 100...... 12287, 12771 98...... 12784 12098, 12100, 12739, 13144, 314...... 9765, 13111 117 ...... 10692, 10850, 13161, 180...... 10518 13147, 13148 320...... 13111 13164 271...... 12785 65...... 10689 347...... 9759 160...... 9071 300...... 12296 71 .....9053, 9973, 9974, 10690, 510...... 9766 161...... 9071 600...... 12782 10691 520...... 10483 164...... 9071 799...... 11050 119...... 10689 522...... 9049, 11643 165 ...... 9071, 10695, 12102, 1033...... 12784 121...... 10689 529...... 9766, 10484 12289, 12292 1039...... 12784 135...... 10689 558...... 13114 334...... 11507 1042...... 12784 142...... 10689 600...... 13111 401...... 10698 1045...... 12784 193...... 11698 Proposed Rules: 1048...... 12784 36 CFR 15 CFR 1308...... 10205 1051...... 12784 Proposed Rules: 1054...... 12784 744...... 11472 23 CFR 251...... 10700 1065...... 12784 922...... 12087, 12088 771...... 12518 1012...... 10853 950...... 11017 41 CFR Proposed Rules: 24 CFR 37 CFR 102-34...... 11870 922...... 9378, 9574 3500...... 10172 201...... 12554 102-72...... 12272 16 CFR 258...... 12092 26 CFR 42 CFR 303...... 13099 38 CFR 1500...... 10475 1 ...9570, 10174, 10175, 11644, Proposed Rules: 11843, 12551 2...... 10175 84...... 9380, 9381 Proposed Rules: 54...... 11644 3...... 11481, 11646 305...... 11045 44 CFR 306...... 9054 Proposed Rules: 20...... 11037 320...... 10843 1 ...... 9575, 9577, 11888 Proposed Rules: 64 ...... 12628, 12634, 12637 1115...... 11883 31...... 11699 21...... 9975 65 ...... 12640, 12642, 12646, 12648, 12651, 12653, 12655, 17 CFR 29 CFR 39 CFR 12657 4...... 9568 2550...... 11847 20...... 11848 67 ...... 12659, 12665, 12673, 15...... 12178 4001...... 11022 3020...... 11293, 11296 12694, 12721 16...... 12178 4010...... 11022 Proposed Rules: Proposed Rules: 17...... 12178 4022...... 11035 3020...... 12295 67 ...... 12784, 12791, 12794, 18...... 12178 4044...... 11022, 11035 12799, 12804, 12807, 12811, 19...... 12178 Proposed Rules: 40 CFR 12821, 12823, 12830, 12832 21...... 12178 403...... 11700 52 ...... 10176, 10488, 11037, 45 CFR 36...... 12178 408...... 11700 11483, 11647, 11661, 11664, 40...... 12178 501...... 11408 11671, 11674, 11851, 12556, 302...... 9171, 11879 201...... 9159 780...... 11408 12560, 12562, 12567, 12572, 303...... 9171, 11879 232...... 10836 788...... 11408 13014, 13118 307...... 9171, 11879 239...... 10836 1635...... 9056 55...... 9166 Proposed Rules: 249...... 10836 1910...... 11329 60 ...... 9958, 11858, 12575 46...... 9578 269...... 10836 62...... 13122 88...... 10207 30 CFR 274...... 10836 63 ...... 9698, 12575, 12591 Proposed Rules: 938...... 12265 72...... 13124 46 CFR 150...... 12282 73...... 13124 1...... 11196 31 CFR 74...... 13124 4...... 11196 18 CFR Proposed Rules: 77...... 13124 5...... 11196 37...... 12540 103 ...... 10148, 10158, 10161 78...... 13124 10...... 11196 40...... 12256, 12544 81...... 11671, 11674 11...... 11196 42...... 13103 32 CFR 82...... 10182 12...... 11196 284...... 9162 199...... 11279 180 .....9351, 9356, 9358, 9365, 13...... 11196 Proposed Rules: 1702...... 11478 9367, 9373, 10489, 10490, 14...... 11196 1...... 13152 1703...... 11480 10494, 10498, 10501, 10504, 15...... 11196 38...... 12741 10507, 10510, 11489, 11494, 16...... 11196 40...... 12749 33 CFR 11499, 12593, 12596, 12601, 26...... 11196 1...... 11196 12606, 12613, 12617, 12621 28...... 11196 19 CFR 20...... 11196 258...... 11677 30...... 11196 12...... 10482 70...... 11196 261...... 10680 31...... 11196

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35...... 11196 402...... 11196 52 ...... 11821, 11828, 11829, 50 CFR 42...... 11196 11832 47 CFR 17...... 10350, 11319 58...... 11196 470...... 13062 300...... 11681 25...... 9962 61...... 11196 509...... 12731 622...... 9770, 13126 78...... 11196 73 ...... 9171, 10188, 10686, 552...... 12731 648 ...9770, 9963, 9964, 10513, 97...... 11196 11299, 12274, 13125 Proposed Rules: 10515, 11327 98...... 11196 301...... 10686 523...... 11889 660 ...... 9874, 10189, 11880 105...... 11196 Proposed Rules: 552...... 11889 679 .....9176, 9773, 9964, 9965, 114...... 11196 73 ...... 9185, 10701, 11051, 3009...... 11512 10839, 10840, 10841, 11040, 115...... 11196 11334, 13171 122...... 11196 3052...... 11512 11041, 11328, 11503, 11504, 125...... 11196 48 CFR 11881, 12733, 12734 131...... 11196 Ch. 1...... 11820, 11833 49 CFR Proposed Rules: 151...... 11196 1...... 11821 17 ...... 9205, 10211, 10412, 356...... 9172, 11318 166...... 11196 3...... 11832 10701, 11342, 12297, 12932 365...... 9172, 11318 169...... 11196 4...... 11821 20...... 9207 175...... 11196 15...... 11826 374...... 9172, 11318 216...... 11891 176...... 11196 17...... 11821 571...... 9173 218...... 11052 185...... 11196 19...... 11821 622...... 12518 223...... 10857 196...... 11196 22...... 11827 Proposed Rules: 300...... 9207, 11077 199...... 11196 25...... 11828 240...... 12105 622...... 11517 315...... 11502 26...... 11829 531...... 9185 648 ...... 9072, 9208, 11706 390...... 11503 31...... 11829 533...... 9185 665...... 11518 401...... 11196 47...... 11832 571...... 9202, 9478 679...... 12300

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