4–27–10 Tuesday Vol. 75 No. 80 Apr. 27, 2010

Pages 21973–22202

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Contents Federal Register Vol. 75, No. 80

Tuesday, April 27, 2010

Agricultural Marketing Service Community Development Financial Institutions Fund PROPOSED RULES NOTICES User Fees for 2010 Crop Cotton Classification Services to Agency Information Collection Activities; Proposals, Growers, 22026–22027 Submissions, and Approvals, 22186–22187

Agriculture Department Comptroller of the Currency See Agricultural Marketing Service NOTICES See Food and Nutrition Service Agency Information Collection Activities; Proposals, See Forest Service Submissions, and Approvals, 22184–22186 See Rural Housing Service NOTICES Consumer Product Safety Commission USDA Reassigns Domestic Cane Sugar Allotments and RULES Increases Fiscal Year 2010 Raw Sugar Tariff-rate Quota, Virginia Graeme Baker Pool and Spa Safety Act; 22095 Interpretation of Unblockable Drain, 21985–21987

Architectural and Transportation Barriers Compliance Economic Analysis Bureau Board NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings, 22100–22101 Survey; Institutional Remittances to Foreign Countries, 22101–22102 Census Bureau NOTICES Education Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Survey of Income and Program Participation (SIPP) Wave Submissions, and Approvals, 22122 8 of 2008 Panel, 22102–22103 Employment and Training Administration Centers for Disease Control and Prevention NOTICES Request for Certification of Compliance: NOTICES Rural Industrialization Loan and Grant Program, 22165 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22137–22139 Energy Department Filing of Plat of Survey: See Federal Energy Regulatory Commission New Mexico; Correction, 22139–22140 RULES Meetings: Energy Conservation Program: CDC/HRSA Advisory Committee on HIV and STD Energy Conservation Standards for Residential Water Prevention and Treatment, 22145 Heaters, Direct Heating Equipment, and Pool Heaters; Technical Review: Correction, 21981 22 Draft Skin Notation Assignments and Skin Notation PROPOSED RULES Profiles, 22148–22150 Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Coast Guard Potential for Energy Conservation Standards for High- RULES Intensity Discharge Lamps, 22031–22043 Safety Zones: Chicago Harbor, Navy Pier Southeast, Chicago, IL, 21993 Environmental Protection Agency Extended Debris Removal in the Lake Champlain Bridge PROPOSED RULES Construction Zone, Crown Point, NY, 21990–21993 Approval and Promulgation of Implementation Plans and NOTICES Designation of Areas for Air Quality Planning Certificate of Alternative Compliance for the Ferry Boat Purposes: Charlevoix, 22150 Wisconsin; Redesignation of the Manitowoc County and Request for Applications: Door County Areas to Attainment for Ozone, 22047– National Maritime Security Advisory Committee; 22063 Vacancies, 22151–22152 NOTICES Ambient Air Monitoring Reference and Equivalent Commerce Department Methods: See Census Bureau Designation of One New Equivalent Method, 22126– See Economic Analysis Bureau 22127 See International Trade Administration Data Availability: See National Institute of Standards and Technology 2010 CAIR NOX Ozone Season Trading Program New See National Oceanic and Atmospheric Administration Unit Set-aside Allowance Allocations, etc., 22127– See Patent and Trademark Office 22128

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Document Availability: Qualifications of Drivers; Exemption Renewals: Award of Special Appropriations Act Project Grants Vision, 22178–22179 Authorized by the Agency’s FY 2010 Appropriations Act, 22128–22129 Federal Reserve System Regional Project Waiver of Section 1605 (Buy American) of NOTICES American Recovery and Reinvestment Act (2009): Agency Information Collection Activities; Proposals, Town of Falmouth, MA, 22129–22131 Submissions, and Approvals, 22184–22186 Executive Office of the President Formations of, Acquisitions by, and Mergers of Bank See Presidential Documents Holding Companies, 22132 See Trade Representative, Office of United States Proposals to Engage in Permissible Nonbanking Activities or Acquire Companies Engaged in Permissible Federal Aviation Administration Nonbanking Activities, 22132 RULES Standard Instrument Approach Procedures, and Takeoff Fish and Wildlife Service Minimums and Obstacle Departure Procedures; RULES Miscellaneous Amendments, 21981–21985 Endangered and Threatened Wildlife and Plants: PROPOSED RULES 12-Month Finding on Petition to List Susan’s Purse- Airworthiness Directives: making Caddisfly as Threatened or Endangered, Agusta S.p.A. (Agusta) Model A109E Helicopters, 22043– 22012–22025 22044 PROPOSED RULES Proposed Establishment of Class E Airspace: Endangered and Threatened Wildlife and Plants: Paynesville, MN, 22044–22045 90-day Finding on a Petition to List the Mohave Ground Syracuse, KS, 22045–22047 Squirrel as Endangered with Critical Habitat, 22063– 22070 Federal Communications Commission NOTICES NOTICES National Conservation Training Center Logo, 22160–22162 Agency Information Collection Activities; Proposals, Permit Applications, 22162 Submissions, and Approvals, 22131–22132

Federal Deposit Insurance Corporation Food and Drug Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 22184–22186 Advisory Committee for Reproductive Health Drugs, 22146–22147 Federal Emergency Management Agency Tobacco Product Constituents Subcommittee of Tobacco NOTICES Products Scientific Advisory Committee, 22147– Emergency Declarations: 22148 Rhode Island, 22150–22151 Major Disaster Declarations: Food and Nutrition Service Rhode Island, 22151 PROPOSED RULES Food Distribution Program on Indian Reservations: Federal Energy Regulatory Commission Amendments Related to the Food, Conservation, and NOTICES Energy Act (of 2008), 22027–22031 Applications: East Texas Electric Cooperative, Inc., 22123–22125 Gibson Dam Hydroelectric Company, LLC, 22122–22123 Forest Service Filings: NOTICES Trans-Union Interstate Pipeline, LP, 22125 Meetings: New Docket Prefix ‘‘LA’’ for Land Acquisition Reports and Nevada County and Placer County, CA, Resource Guidelines for Filing Under Order No. 697–C: Advisory Committee, 22100 Market–Based Rates For Wholesale Sales of Electric Sierra County, CA, Resource Advisory Committee, 22100 Energy, Capacity And Ancillary Services, etc., 22125–22126 Health and Human Services Department Staff Attendances: See Centers for Disease Control and Prevention WIRAB and CREPC Meetings, 22126 See Food and Drug Administration See Indian Health Service Federal Mine Safety and Health Review Commission See Substance Abuse and Mental Health Services RULES Administration Penalty Settlement Procedure, 21987–21990 NOTICES Agency Information Collection Activities; Proposals, Federal Motor Carrier Safety Administration Submissions, and Approvals, 22132–22136 RULES Interest Rate on Overdue Debts, 22136 Fees for Unified Carrier Registration Plan and Agreement, 21993–22012 NOTICES Homeland Security Department Qualifications of Drivers; Exemption Applications: See Coast Guard Vision, 22175–22178 See Federal Emergency Management Agency

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Indian Affairs Bureau Merit Systems Protection Board NOTICES NOTICES Grant Program To Assess, Evaluate and Promote Publication of Open Government Directive; Solicitation of Development of Tribal Energy and Mineral Resources, Public Comment, 22165–22166 22153–22159 Mine Safety and Health Administration Indian Health Service RULES NOTICES Criteria and Procedures for Proposed Assessment of Civil Funding Announcement: Penalties/Reporting and Recordkeeping: Dental Preventive and Clinical Support Centers Program, Immediate Notification of Accidents, 21990 22140–22145 Mine Safety and Health Federal Review Commission Interior Department See Federal Mine Safety and Health Review Commission See Fish and Wildlife Service See Indian Affairs Bureau Minerals Management Service See Land Management Bureau NOTICES See Minerals Management Service Major Portion Prices and Due Date for Additional Royalty NOTICES Payments: Agency Information Collection Activities; Proposals, Indian Gas Production in Designated Areas Not Submissions, and Approvals: Associated with an Index Zone, 22159–22160 National Geospatial Program; The National Map, 22152– 22153 National Credit Union Administration Internal Revenue Service NOTICES NOTICES Meetings; Sunshine Act, 22166 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 22179–22184 National Highway Traffic Safety Administration NOTICES International Trade Administration Petition to Modify an Exemption of a Previously Approved NOTICES Antitheft Device: Initiation of Antidumping and Countervailing Duty Porsche, 22174–22175 Administrative Reviews and Request for Revocation in Part, 22107–22109 National Institute of Standards and Technology Initiation of Antidumping Duty Investigation: NOTICES Aluminum Extrusions from People’s Republic of China, Invention Available for Licensing, 22118–22119 22109–22114 Initiation of Countervailing Duty Investigation: National Oceanic and Atmospheric Administration Aluminum Extrusions from the People’s Republic of RULES China, 22114–22118 Fisheries of the Northeastern United States: Request for Public Comment on the Scope of Viewpoints Summer Flounder Fishery; Quota Transfer, 22025 Represented on the Industry Trade Advisory PROPOSED RULES Committees, 22121–22122 Fisheries of the Northeastern United States: Atlantic Sea Scallop Fishery; Framework Adjustment Justice Department (21), 22073–22087 See Justice Programs Office Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries Justice Programs Office (Fishing Year 2010), 22087–22094 NOTICES Intent to Initiate Consultation and Coordinate NOAA’s Draft NIJ Duty Holster Retention Standard for Law Responsibilities Under Section 106 of the National Enforcement and Certification Program Requirements, Historic Preservation Act, etc., 22047 22162–22163 Pacific Halibut Fisheries: Meetings: Guided Sport Charter Vessel Fishery for Halibut; Federal Advisory Committee on Juvenile Justice, 22163 Recordkeeping and Reporting, 22070–22073 NOTICES Labor Department Atlantic Coastal Fisheries Cooperative Management Act See Employment and Training Administration Provisions: See Mine Safety and Health Administration Atlantic Coastal Shark Fishery, 22103–22106 See Veterans Employment and Training Service Endangered Species; File No. 14510: NOTICES Issuance of permit, 22106–22107 Agency Information Collection Activities; Proposals, Marine Mammals; File No. 14245: Submissions, and Approvals, 22163–22164 Receipt of Application, 22119 All Items Consumer Price Index for All Urban Consumers; United States City Average, 22164 Nuclear Regulatory Commission RULES Land Management Bureau NRC Region II Address and Main Telephone Number NOTICES Changes, 21979–21981 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 22153 Meetings; Sunshine Act, 22166–22167

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Office of United States Trade Representative Susquehanna River Basin Commission See Trade Representative, Office of United States NOTICES Projects Approved for Consumptive Uses of Water, 22172– Patent and Trademark Office 22174 NOTICES Meetings: Thrift Supervision Office Enhancement in Quality of Patents and on United States NOTICES Patent and Trademark Office Patent Quality Metrics, Agency Information Collection Activities; Proposals, 22120–22121 Submissions, and Approvals, 22184–22186 Postal Regulatory Commission RULES Trade Representative, Office of United States Obtaining Information from Postal Service, 22190–22202 NOTICES Request for Public Comment on the Scope of Viewpoints Presidential Documents Represented on the Industry Trade Advisory PROCLAMATIONS Committees, 22121–22122 Special Observances: Earth Day (Proc. 8503), 21977–21978 Transportation Department EXECUTIVE ORDERS See Federal Aviation Administration Committees; Establisment, Renewal, Termination, etc.: See Federal Motor Carrier Safety Administration President’s Council of Advisors on Science and See National Highway Traffic Safety Administration Technology; Establishment (EO 13539), 21973–21975 See Surface Transportation Board Rural Housing Service NOTICES Treasury Department Funds Availability for the Section 533 Housing See Community Development Financial Institutions Fund Preservation Grants (Fiscal Year 2010), 22095–22100 See Comptroller of the Currency See Internal Revenue Service Securities and Exchange Commission See Thrift Supervision Office NOTICES See United States Mint Order of Suspension of Trading: ADSOUTH PARTNERS, Inc., et al., 22168 United States Mint Global Medical Products Holdings, Inc., 22168–22169 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Meetings: Chicago Board Options Exchange, Inc., 22170–22171 Citizens Coinage Advisory Committee, 22187 New York Stock Exchange LLC, 22169–22170 NYSE Arca, Inc., 22169 Veterans Affairs Department NOTICES Small Business Administration Privacy Act; Systems of Records, 22187–22188 NOTICES Disaster Declarations: Maine, 22167 Veterans Employment and Training Service Minnesota, 22167 NOTICES New York, 22167–22168 Availability of Funds and Solicitation for Grant Meetings: Applications: Houston District Advisory Council, 22168 Urban Non-Urban Homeless Female Veterans and Homeless Veterans with Families’ Reintegration into State Department Employment, 22164–22165 NOTICES Culturally Significant Objects Imported for Exhibition: Vatican Splendors, 22172 Separate Parts In This Issue Substance Abuse and Mental Health Services Administration Part II Postal Regulatory Commission, 22190–22202 NOTICES Current List of Laboratories Which Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies; Correction, 22150 Reader Aids Meetings: Consult the Reader Aids section at the end of this page for SAMHSA National Advisory Council, 22147 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Surface Transportation Board To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Abandonment Exemptions: listserv.access.gpo.gov and select Online mailing list Escanaba & Lake Superior Railroad Co., Ontonagon and archives, FEDREGTOC-L, Join or leave the list (or change Houghton counties, MI, 22174 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8503...... 21977 Executive Orders: 13539...... 21973 7 CFR Proposed Rules: 28...... 22026 253...... 22027 10 CFR 1...... 21979 20...... 21979 30...... 21979 40...... 21979 55...... 21979 70...... 21979 73...... 21979 430...... 21981 Proposed Rules: 431...... 22031 14 CFR 97 (2 documents) ...... 21981, 21983 Proposed Rules: 39...... 22043 71 (2 documents) ...... 22244, 22045 15 CFR Proposed Rules: 922...... 22047 16 CFR 1450...... 21985 29 CFR 2700...... 21987 30 CFR 50...... 21990 100...... 21990 33 CFR 165 (2 documents) ...... 21990, 21993 39 CFR 3001...... 22190 3005...... 22190 40 CFR Proposed Rules: 52...... 22047 81...... 22047 49 CFR 367...... 21993 50 CFR 17...... 22012 648...... 22025 Proposed Rules: 17...... 22063 300...... 22070 648 (2 documents) ...... 22073, 22087

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Federal Register Presidential Documents Vol. 75, No. 80

Tuesday, April 27, 2010

Title 3— Executive Order 13539 of April 21, 2010

The President President’s Council of Advisors on Science and Technology

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an advisory council on science, technology, and innovation, it is hereby ordered as follows: Section 1. Establishment. The President’s Council of Advisors on Science and Technology (PCAST) is hereby established. The PCAST shall be com- posed of not more than 21 members, one of whom shall be the Assistant to the President for Science and Technology (the ‘‘Science Advisor’’), and 20 of whom shall include distinguished individuals and representatives from sectors outside of the Federal Government appointed by the President. These nonfederal members shall have diverse perspectives and expertise in science, technology, and innovation. The Science Advisor shall serve as a Co-Chair of the PCAST. The President shall also designate at least one, but not more than two, of the nonfederal members to serve as a Co-Chair of the PCAST with the Science Advisor. Sec. 2. Functions. (a) The PCAST shall advise the President, directly at its meetings with the President and also through the Science Advisor, on matters involving science, technology, and innovation policy. This advice shall include, but not be limited to, policy that affects science, technology, and innovation, as well as scientific and technical information that is needed to inform public policy relating to the economy, energy, environment, public health, national and homeland security, and other topics. The PCAST shall meet regularly and shall: (i) respond to requests from the President or the Science Advisor for information, analysis, evaluation, or advice; (ii) solicit information and ideas from the broad range of stakeholders, including but not limited to the research community, the private sector, universities, national laboratories, State and local governments, founda- tions, and nonprofit organizations; (iii) serve as the advisory committee identified in subsections 101(b) and 103(b) of the High Performance Computing Act of 1991 (Public Law 102– 194), as amended (15 U.S.C. 5511(b) and 5513(b)). In performing the functions of such advisory committee, the PCAST shall be known as the President’s Innovation and Technology Advisory Committee; and (iv) serve as the advisory panel identified in section 4 of the 21st Century Nanotechnology Research and Development Act (15 U.S.C. 7503) (21st Century Act). In performing the functions of such advisory committee, the PCAST shall be known as the National Nanotechnology Advisory Panel. Nothing in this order shall be construed to require the National Nanotechnology Advisory Panel to comply with any requirement from which it is exempted by section 4(f) of the 21st Century Act. (b) The PCAST shall provide advice from the nonfederal sector to the National Science and Technology Council (NSTC) in response to requests from the NSTC. Sec. 3. Administration. (a) The heads of executive departments and agencies shall, to the extent permitted by law, provide the PCAST with information concerning scientific and technological matters when requested by the PCAST Co-Chairs and as required for the purpose of carrying out the PCAST’s functions.

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(b) In consultation with the Science Advisor, the PCAST is authorized to create standing subcommittees and ad hoc groups, including, but not limited to, technical advisory groups to assist the PCAST and provide prelimi- nary information directly to the PCAST. (c) So that the PCAST may provide advice and analysis regarding classified matters, the Science Advisor may request that members of the PCAST, its standing subcommittees, or ad hoc groups who do not hold a current clearance for access to classified information, receive security clearance and access determinations pursuant to Executive Order 12968 of August 2, 1995, as amended, or any successor order. (d) The Office of Science and Technology Policy (OSTP) shall provide such funding and administrative and technical support as the PCAST may require. (e) Members of the PCAST shall serve without any compensation for their work on the PCAST, but may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermit- tently in the government service (5 U.S.C. 5701–5707). Sec. 4. Termination. The PCAST shall terminate 2 years from the date of this order unless extended by the President. Sec. 5. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA) may apply to the PCAST, any functions of the President under the FACA, except that of reporting to the Congress, shall be performed by the Director of the OSTP in accordance with the guidelines and procedures established by the Administrator of General Services. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agency, or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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Sec. 6. Revocation. Executive Order 13226 of September 30, 2001, as amend- ed, is hereby revoked.

THE WHITE HOUSE, April 21, 2010.

[FR Doc. 2010–9796 Filed 4–26–10; 8:45 am] Billing code 3195–W0–P

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Proclamation 8503 of April 21, 2010 Earth Day, 2010

By the President of the United States of America

A Proclamation In the fall of 1969, Wisconsin Senator Gaylord Nelson announced plans for a national ‘‘environmental teach-in’’—one day, each year, of action and advocacy for the environment. His words rallied our Nation, and the first Earth Day, as it became known, saw millions come together to meet one of the greatest challenges of our times: caring for our planet. What Senator Nelson and the other organizers believed then, and what we still believe today, is that our environment is a blessing we share. Our future is inex- tricably bound to our planet’s future, and we must be good stewards of our home as well as one another. On the 40th anniversary of Earth Day, we come together to reaffirm those beliefs. We have come far in these past four decades. One year before the first Earth Day, our Nation watched in horror as the polluted and debris-choked Cuyahoga River in Cleveland, Ohio, caught fire. In response, a generation of Americans stepped forward to demand progress. What Ameri- cans achieved in the decades that followed has made our children healthier, our water and air cleaner, and our planet more livable. We passed the Clean Air and Clean Water Acts, established the Environ- mental Protection Agency, and safeguarded treasured American landscapes. Americans across our country have witnessed the impact of these measures, including the people of Cleveland, where the Cuyahoga River is cleaner than it has been in a century. We continue to build on this progress today. My Administration has invested in clean energy and clean water infrastructure across the country. We are also committed to passing comprehensive energy and climate legislation that will create jobs, reduce our dependence on foreign oil, and cut carbon pollution. We have more work to do, however, and change will not come from Wash- ington alone. The achievements of the past were possible because ordinary Americans demanded them, and meeting today’s environmental challenges will require a new generation to carry on Earth Day’s cause. From weatherizing our homes to planting trees in our communities, there are countless ways for every American, young and old, to get involved. I encour- age all Americans to visit WhiteHouse.gov/EarthDay for information and resources to get started. The 40th anniversary of Earth Day is an opportunity for us to reflect on the legacy we have inherited from previous generations, and the legacy that we will bestow upon generations to come. Their future depends on the action we take now, and we must not fail them. Forty years from today, when our children and grandchildren look back on what we did at this moment, let them say that we, too, met the challenges of our time and passed on a cleaner, healthier planet. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 22, 2010, as Earth Day. I encourage all Americans to participate in programs and

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activities that will protect our environment and contribute to a healthy, sustainable future. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of April, in the year of our Lord two thousand ten, and of the Independ- ence of the United States of America the two hundred and thirty-fourth.

[FR Doc. 2010–9818 Filed 4–26–10; 8:45 am] Billing code 3195–W0–P

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Rules and Regulations Federal Register Vol. 75, No. 80

Tuesday, April 27, 2010

This section of the FEDERAL REGISTER regulations, the Commission finds that unless the requesting document contains regulatory documents having general the notice and comment provisions of displays a currently valid OMB control applicability and legal effect, most of which the Administrative Procedure Act are number. are keyed to and codified in the Code of unnecessary and is exercising its Backfit Analysis Federal Regulations, which is published under authority under 5 U.S.C. 553(b)(B) to 50 titles pursuant to 44 U.S.C. 1510. publish these amendments as a final The NRC has determined that the The Code of Federal Regulations is sold by rule. The amendments are effective 30 backfit rule does not apply to this final the Superintendent of Documents. Prices of days after publication in the Federal rule; therefore, a backfit analysis is not new books are listed in the first FEDERAL Register. These amendments do not required for this final rule because these REGISTER issue of each week. require action by any person or entity amendments are administrative in regulated by the NRC. Also, the final nature and do not involve any rule does not change the substantive provisions that would impose backfits NUCLEAR REGULATORY responsibilities of any person or entity as defined in 10 CFR Chapter I. COMMISSION regulated by the NRC. Congressional Review Act (CRA) 10 CFR Parts 1, 20, 30, 40, 55, 70, and Summary of Changes Under the CRA of 1996, the NRC has 73 Change in Street Address for Region II, determined that this action is not a RIN 3150–AI80 USNRC major rule and has verified this determination with the Office of The street address of the NRC Region [NRC–2010–0083] Information and Regulatory Affairs of II office has been changed. The new OMB. NRC Region II Address and Main address is incorporated into the Telephone Number Changes following sections of the NRC’s List of Subjects regulations: § 1.5(b)(2), Appendix D to 10 CFR Part 1 AGENCY: Nuclear Regulatory 10 CFR Part 20, §§ 30.6(b)(2)(ii), Commission. 40.5(b)(2)(ii), 55.5(b)(2)(ii), 70.5(b)(2)(ii), Organization and functions ACTION: Final rule. and Appendix A to 10 CFR Part 73. (government agencies). SUMMARY: The Nuclear Regulatory Change in Region II Main Telephone 10 CFR Part 20 Commission (NRC) is amending its Number Byproduct material, Criminal regulations to update the street address The telephone number for requesting penalties, Licensed material, Nuclear for its Region II office and to update the NRC information has been changed. The materials, Nuclear power plants and main telephone number. The Region II new telephone number is incorporated reactors, Occupational safety and office move and telephone number into Appendix D to 10 CFR Part 20 and health, Packaging and containers, change will take effect on April 12, Appendix to Part 73 of the NRC’s Radiation protection, Reporting and 2010. Also, the relevant regulations that regulations. recordkeeping requirements, Source govern communications are amended to material, Special nuclear material, reflect that Virginia is now an Virginia Is Now an Agreement State Waste treatment and disposal. Agreement State. This document is In §§ 30.6(b)(2)(ii), 40.5(b)(2)(ii), and necessary to inform the public of these 70.5(b)(2)(ii), Virginia no longer appears 10 CFR Part 30 changes to the NRC’s regulations. because it is now an Agreement State. Byproduct material, Criminal DATES: penalties, Government contracts, This rule is effective May 27, Environmental Impact: Categorical Intergovernmental relations, Isotopes, 2010. Exclusion FOR FURTHER INFORMATION CONTACT: Nuclear materials, Radiation protection, Judy The NRC has determined that this G. Coleman, Deputy Director, Division Reporting and recordkeeping final rule is the type of action described requirements. of Resource Management and in categorical exclusion 10 CFR Administration, U.S. Nuclear Regulatory 51.22(c)(2). Therefore, neither an 10 CFR Part 40 Commission, 245 Peachtree Center environmental impact statement nor an Criminal penalties, Government Avenue, NE., Suite 1200, Atlanta, GA environmental assessment has been contracts, Hazardous materials 30303–1257, telephone 404–562–4824 prepared for this rule. transportation, Nuclear materials, or 404–997–4824, E-mail Reporting and recordkeeping Paperwork Reduction Act Statement [email protected]. requirements, Source material, SUPPLEMENTARY INFORMATION: This final rule does not contain Uranium. information collection requirements Background and, therefore, is not subject to the 10 CFR Part 55 The NRC is amending its regulations Paperwork Reduction Act of 1995 (44 Criminal penalties, Manpower at 10 CFR Parts 1, 20, 30, 40, 55, 70, and U.S.C. 3501 et seq.). training programs, Nuclear power plants 73 to update the NRC Region II office and reactors, Reporting and Public Protection Notification street address and office main telephone recordkeeping requirements. number. The physical location of the The NRC may not conduct or sponsor, NRC Region II office has changed. and a person is not required to respond 10 CFR Part 70 Because these amendments constitute to, a request for information or an Criminal penalties, Hazardous minor administrative corrections to the information collection requirement materials transportation, Material

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control and accounting, Nuclear and in the third column of the table, 953, 954, 955, as amended, secs. 11e(2), 83, materials, Packaging and containers, revise the first telephone number for 84, Pub. L. 95–604, 92 Stat. 3033, as Radiation protection, Reporting and Region II to read ‘‘(404) 997–4000’’. amended, 3039, sec. 234, 83 Stat. 444, as recordkeeping requirements, Scientific amended (42 U.S.C. 2014(e)(2), 2092, 2093, Appendix D to Part 20—United States 2094, 2095, 2111, 2113, 2114, 2201, 2232, equipment, Security measures, Special Nuclear Regulatory Commission 2233, 2236, 2282); sec. 274, Pub. L. 86–373, nuclear material. Regional Offices 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as 10 CFR Part 73 amended, 202, 206, 88 Stat. 1242, as * * * * * amended, 1244, 1246 (42 U.S.C. 5841, 5842, Criminal penalties, Export, Hazardous USNRC, Region II, 245 Peachtree Center 5846); sec. 275, 92 Stat. 3021, as amended by materials transportation, Import, Avenue, NE., Suite 1200, Atlanta, GA 30303– Pub. L. 97–415, 96 Stat. 2067 (42 U.S.C. Nuclear materials, Nuclear power plants 1257. 2022); sec. 193, 104 Stat. 2835, as amended and reactors, Reporting and * * * * * by Pub. L. 104–134, 110 Stat. 1321, 1321–349 recordkeeping requirements, Security (42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44 PART 30—RULES OF GENERAL measures. U.S.C. 3504 note); Energy Policy Act of 2005, APPLICABILITY TO DOMESTIC Pub. L. No. 109–59, 119 Stat. 594 (2005). ■ For the reasons set out in the LICENSING OF BYPRODUCT Section 40.7 also issued under Pub. L. 95– preamble and under the authority of the MATERIAL 601, sec. 10, 92 Stat. 2951 as amended by Atomic Energy Act of 1954, as amended; Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42 the Energy Reorganization Act of 1974, ■ 5. The authority citation for Part 30 U.S.C. 5851). Section 40.31(g) also issued as amended; and 5 U.S.C. 552 and 553, continues to read as follows: under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). the NRC is adopting the following Section 40.46 also issued under sec. 184, 68 Authority: Secs. 81, 82, 161, 182, 183, 186, Stat. 954, as amended (42 U.S.C. 2234). amendments to 10 CFR Parts 1, 20, 30, 68 Stat. 935, 948, 953, 954, 955, as amended, 40, 55, 70, and 73. Section 40.71 also issued under sec. 187, 68 sec. 234, 83 Stat. 444, as amended (42 U.S.C. Stat. 955 (42 U.S.C. 2237). 2111, 2112, 2201, 2232, 2233, 2236, 2282); PART 1—STATEMENT OF secs. 201, as amended, 202, 206, 88 Stat. ■ 8. Section 40.5(b)(2)(ii) is revised to ORGANIZATION AND GENERAL 1242, as amended, 1244, 1246 (42 U.S.C. read as follows: INFORMATION 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of § 40.5 Communications. ■ 1. The authority citation for Part 1 2005, Pub. L. No. 109–58, 119 Stat. 549 continues to read as follows: (2005). * * * * * Section 30.7 also issued under Pub. L. 95– (b) * * * Authority: Sec. 23, 16181, 68 Stat. 925, 601, sec. 10, 92 Stat. 2951 as amended by 948, as amended (42 U.S.C. 2033, 2201); sec. (2) * * * Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42 29, Pub. L. 85–256, 71 Stat. 759, Pub. L. 95– (ii) Region II. The regional licensing U.S.C. 5851). Section 30.34(b) also issued 209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191 under sec. 184, 68 Stat. 954, as amended (42 program involves all Federal facilities in Pub. L. 87–615, 76 Stat. 409 (42 U.S.C. 2241); U.S.C. 2234). Section 30.61 also issued under the region and non-Federal licensees in secs. 201, 203, 204, 205, 209, 88 Stat.1242, sec. 187, 68 Stat. 955 (42 U.S.C. 2237). the following Region II non-Agreement 1244, 1245, 1246, 1248, as amended (42 States and territories: West Virginia, ■ 6. Section 30.6(b)(2)(ii) is revised to U.S.C. 5841, 5843, 5844, 5845, 5849); 5 Puerto Rico, and the Virgin Islands. All U.S.C. 552, 553; Reorganization Plan No. 1 of read as follows: 1980, 45 FR 40561, June 16, 1980. mailed or hand-delivered inquiries, § 30.6 Communications. communications, and applications for a ■ 2. In § 1.5, revise paragraph (b)(2) to * * * * * new license or an amendment, renewal, read as follows: (b) * * * or termination request of an existing § 1.5 Location of principal offices and (2) * * * license specified in paragraph (b)(1) of Regional Offices. (ii) Region II. The regional licensing this section must use the following program involves all Federal facilities in address: U.S. Nuclear Regulatory * * * * * (b) * * * the region and non-Federal licensees in Commission, Region II, 245 Peachtree (2) Region II, USNRC, 245 Peachtree the following Region II non-Agreement Center Avenue, NE., Suite 1200, Center Avenue, NE., Suite 1200, States and territories: West Virginia, Atlanta, GA 30303–1257. Where e-mail Atlanta, GA 30303–1257. Puerto Rico, and the Virgin Islands. All is appropriate, it should be addressed to mailed or hand-delivered inquiries, [email protected]. * * * * * communications, and applications for a * * * * * PART 20—STANDARDS FOR new license or an amendment, renewal, PROTECTION AGAINST RADIATION or termination request of an existing PART 55—OPERATORS’ LICENSES license specified in paragraph (b)(1) of ■ 3. The authority citation for Part 20 this section must use the following ■ 9. The authority citation for Part 55 continues to read as follows: address: U.S. Nuclear Regulatory continues to read as follows: Commission, 245 Peachtree Center Authority: Secs. 53, 63, 65, 81, 103, 104, Authority: Secs. 107, 161, 182, 68 Stat. 161, 182, 186,68 Stat. 930, 933, 935, 936, 937, Avenue, NE., Suite 1200, Atlanta, GA 939, 948, 953, as amended, sec. 234, 83 Stat. 948, 953, 955, as amended, sec. 1701, 106 30303–1257. Where e-mail is 444, as amended (42 U.S.C. 2137, 2201, 2232, Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, appropriate, it should be addressed to 2282); secs. 201, as amended, 202, 88 Stat. 2095, 2111, 2133, 2134, 2201, 2232, 2236, [email protected]. 1242, as amended, 1244 (42 U.S.C. 5841, 2297f), secs. 201, as amended, 202, 206, 88 * * * * * 5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 3504 note). 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 PART 40—DOMESTIC LICENSING OF Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec. 306, Pub. L. 97–425, 96 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. SOURCE MATERIAL 109–58, 119 Stat. 806–810 (42 U.S.C. 2014, Stat. 2262 (42 U.S.C. 10226). 2021, 2021b, 2111). ■ 7. The authority citation for Part 40 Section 55.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). ■ 4. In Appendix D to Part 20, in the continues to read as follows: second column of the table, revise the Authority: Secs. 62, 63, 64, 65, 81, 161, ■ 10. In § 55.5, revise paragraph address for Region II as set forth below; 182, 183, 186, 68 Stat. 932, 933, 935, 948, (b)(2)(ii) to read as follows:

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§ 55.5 Communications. Commission, Region II, 245 Peachtree DEPARTMENT OF ENERGY * * * * * Center Avenue, NE., Suite 1200, (b) * * * Atlanta, GA 30303–1257. Where e-mail 10 CFR Part 430 (2) * * * is appropriate, it should be addressed to [Docket Number EE–2006–BT–STD–0129] (ii) If the nuclear power reactor is [email protected]. located in Region II, submissions must RIN 1904–AA90 be made to the Regional Administrator * * * * * Energy Conservation Program: Energy of Region II. Submissions by mail or PART 73—PHYSICAL PROTECTION OF hand delivery must be addressed to the Conservation Standards for PLANTS AND MATERIALS Regional Administrator at U.S. Nuclear Residential Water Heaters, Direct Regulatory Commission, 245 Peachtree Heating Equipment, and Pool Heaters ■ Center Avenue, NE., Suite 1200, 13. The authority citation for Part 73 Correction Atlanta, Georgia 30303–1257. Where e- continues to read as follows: mail is appropriate, it should be Authority: Secs. 53, 161, 149, 68 Stat. 930, In rule document 2010–7611 addressed to 948, as amended, sec. 147, 94 Stat. 780 (42 beginning on page 20112 in the issue of [email protected]. U.S.C. 2073, 2167, 2169, 2201); sec. 201, as Friday, April 16, 2010 make the * * * * * amended, 204, 88 Stat. 1242, as amended, following correction: 1245, sec. 1701, 106 Stat. 2951, 2952, 2953 On page 20113, in the third column, PART 70—DOMESTIC LICENSING OF (42 U.S.C. 5841, 5844, 2297f); sec. 1704, 112 in the first full paragraph, in the ninth SPECIAL NUCLEAR MATERIAL Stat. 2750 (44 U.S.C. 3504 note); Energy line, ‘‘April 15, 2013’’ should read ‘‘April Policy Act of 2005, Pub. L. 109–58, 119 Stat. 16, 2013’’. ■ 11. The authority citation for Part 70 594 (2005). [FR Doc. C1–2010–7611 Filed 4–26–10; 8:45 am] continues to read as follows: Section 73.1 also issued under secs. 135, BILLING CODE 1505–01–D Authority: Secs. 51, 53, 161, 182, 183, 68 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 Stat. 929, 930, 948, 953, 954, as amended, U.S.C, 10155, 10161). Section 73.37(f) also sec. 234, 83 Stat. 444, as amended, (42 U.S.C. issued under sec. 301, Pub. L. 96–295, 94 DEPARTMENT OF TRANSPORTATION 2071, 2073, 2201, 2232, 2233, 2282, 2297f); Stat. 789 (42 U.S.C. 5841 note). Section 73.57 secs. 201, as amended, 202, 204, 206, 88 Stat. is issued under sec. 606, Pub. L. 99–399, 100 14 CFR Part 97 1242, as amended, 1244, 1245, 1246 (42 Stat. 876 (42 U.S.C. 2169). U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 [Docket No. 30719 ; Amdt. No. 3369] Stat. 2835 as amended by Pub.L. 104–134, ■ 14. In Appendix A to Part 73, first 110 Stat. 1321, 1321–349 (42 U.S.C. 2243); table, second column, and second table, Standard Instrument Approach sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 ‘‘Classified Mailing Address’’ second Procedures, and Takeoff Minimums note); Energy Policy Act of 2005, Pub. L. No. and Obstacle Departure Procedures; 109–58, 119 Stat. 194 (2005). column, revise the address for Region II Sections 70.1(c) and 70.20a(b) also issued as set forth below; and in the third Miscellaneous Amendments under secs. 135, 141, Pub. L. 97–425, 96 Stat. column of the first table, revise the first AGENCY: Federal Aviation 2232, 2241 (42 U.S.C. 10155, 10161). telephone number for Region II to read Administration (FAA), DOT. Section 70.7 also issued under Pub. L. 95– ‘‘(404) 997–4000’’. 601, sec. 10, 92 Stat. 2951 as amended by ACTION: Final rule. Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42 Appendix A to Part 73—U.S. Nuclear SUMMARY: U.S.C. 5851). Section 70.21(g) also issued Regulatory Commission Offices and This rule establishes, amends, suspends, or revokes Standard under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Classified Mailing Addresses Section 70.31 also issued under sec. 57d, Instrument Approach Procedures Pub. L. 93–377, 88 Stat. 475 (42 U.S.C. 2077). * * * * * (SIAPs) and associated Takeoff Sections 70.36 and 70.44 also issued under USNRC, Region II, 245 Peachtree Center Minimums and Obstacle Departure sec. 184, 68 Stat. 954, as amended (42 U.S.C. Avenue, NE., Suite 1200, Atlanta, GA 30303– Procedures for operations at certain 2234). Section 70.81 also issued under secs. 1245. airports. These regulatory actions are 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.82 also issued under sec. 108, 68 * * * * * needed because of the adoption of new Stat. 939, as amended (42 U.S.C. 2138). or revised criteria, or because of changes Classified Mailing Address occurring in the National Airspace ■ 12. Section 70.5(b)(2)(ii) is revised to * * * * * System, such as the commissioning of read as follows: USNRC, P.O. Box 56267, Atlanta, GA 30343. new navigational facilities, adding new § 70.5 Communications. obstacles, or changing air traffic * * * * * requirements. These changes are * * * * * Dated at Rockville, Maryland, this 20th day designed to provide safe and efficient (b) * * * use of the navigable airspace and to (2) * * * of April 2010. (ii) Region II. The regional licensing For the Nuclear Regulatory Commission. promote safe flight operations under program involves all Federal facilities in Michael T. Lesar, instrument flight rules at the affected airports. the region and non-Federal licensees in Chief, Rulemaking, Announcements and the following Region II non-Agreement Directives Branch, Division of Administrative DATES: This rule is effective April 27, States and territories: West Virginia, Services, Office of Administration. 2010. The compliance date for each Puerto Rico, and the Virgin Islands. All [FR Doc. 2010–9584 Filed 4–26–10; 8:45 am] SIAP, associated Takeoff Minimums, mailed or hand-delivered inquiries, BILLING CODE 7590–01–P and ODP is specified in the amendatory communications, and applications for a provisions. new license or an amendment, renewal, The incorporation by reference of or termination request of an existing certain publications listed in the license specified in paragraph (b)(1) of regulations is approved by the Director this section must use the following of the Federal Register as of April 27, address: U.S. Nuclear Regulatory 2010.

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ADDRESSES: Availability of matter special format make their verbatim frequent and routine amendments are incorporated by reference in the publication in the Federal Register necessary to keep them operationally amendment is as follows: expensive and impractical. Further, current. It, therefore—(1) is not a For Examination— airmen do not use the regulatory text of ‘‘significant regulatory action’’ under 1. FAA Rules Docket, FAA the SIAPs, but refer to their graphic Executive Order 12866; (2) is not a Headquarters Building, 800 depiction on charts printed by ‘‘significant rule’’ under DOT regulatory Independence Avenue, SW., publishers of aeronautical materials. Policies and Procedures (44 FR 11034; Washington, DC 20591; Thus, the advantages of incorporation 2. The FAA Regional Office of the February 26, 1979); and (3) does not by reference are realized and warrant preparation of a regulatory region in which the affected airport is publication of the complete description evaluation as the anticipated impact is located; of each SIAP contained in FAA form so minimal. For the same reason, the 3. The National Flight Procedures documents is unnecessary. This Office, 6500 South MacArthur Blvd., amendment provides the affected CFR FAA certifies that this amendment will Oklahoma City, OK 73169 or, sections and specifies the types of SIAP not have a significant economic impact 4. The National Archives and Records and the corresponding effective dates. on a substantial number of small entities Administration (NARA). For This amendment also identifies the under the criteria of the Regulatory information on the availability of this airport and its location, the procedure Flexibility Act. material at NARA, call 202–741–6030, and the amendment number. or go to: http://www.archives.gov/ List of Subjects in 14 CFR part 97 _ The Rule federal register/ Air Traffic Control, Airports, code_of_federal_regulations/ This amendment to 14 CFR part 97 is Incorporation by reference, and ibr_locations.html. effective upon publication of each Navigation (Air). Availability—All SIAPs are available separate SIAP as amended in the online free of charge. Visit nfdc.faa.gov transmittal. For safety and timeliness of Issued in Washington, DC on April 2, 2010. to register. Additionally, individual change considerations, this amendment John M. Allen, SIAP and Takeoff Minimums and ODP incorporates only specific changes Director, Flight Standards Service. copies may be obtained from: contained for each SIAP as modified by 1. FAA Public Inquiry Center (APA– FDC/P–NOTAMs. Adoption of the Amendment 200), FAA Headquarters The SIAPs, as modified by FDC P– Building, 800 Independence Avenue, NOTAM, and contained in this ■ Accordingly, pursuant to the authority SW., Washington, DC 20591; or amendment are based on the criteria delegated to me, Title 14, Code of 2. The FAA Regional Office of the contained in the U.S. Standard for Federal Regulations, Part 97, 14 CFR region in which the affected airport is Terminal Instrument Procedures part 97, is amended by amending located. (TERPS). In developing these changes to Standard Instrument Approach FOR FURTHER INFORMATION CONTACT: SIAPs, the TERPS criteria were applied Procedures, effective at 0901 UTC on Harry J. Hodges, Flight Procedure only to specific conditions existing at the dates specified, as follows: Standards Branch (AFS–420) Flight the affected airports. All SIAP Technologies and Programs Division, amendments in this rule have been PART 97—STANDARD INSTRUMENT Flight Standards Service, Federal previously issued by the FAA in a FDC APPROACH PROCEDURES Aviation Administration, Mike NOTAM as an emergency action of Monroney Aeronautical Center, 6500 immediate flight safety relating directly ■ 1. The authority citation for part 97 South MacArthur Blvd., Oklahoma City, to published aeronautical charts. The continues to read as follows: OK 73169 (Mail Address: P.O. Box circumstances which created the need Authority: 49 U.S.C. 106(g), 40103, 40106, 25082 Oklahoma City, OK 73125) for all these SIAP amendments requires 40113, 40114, 40120, 44502, 44514, 44701, telephone: (405) 954–4164. making them effective in less than 30 44719, 44721–44722. SUPPLEMENTARY INFORMATION: This rule days. amends Title 14, Code of Federal Because of the close and immediate ■ 2. Part 97 is amended to read as Regulations, Part 97 (14 CFR part 97) by relationship between these SIAPs and follows: amending the referenced SIAPs. The safety in air commerce, I find that notice ■ By amending: § 97.23 VOR, VOR/ complete regulatory description of each and public procedure before adopting DME, VOR or TACAN, and VOR/DME SIAP is listed on the appropriate FAA these SIAPs are impracticable and or TACAN; § 97.25 LOC, LOC/DME, Form 8260, as modified by the National contrary to the public interest and, LDA, LDA/DME, SDF, SDF/DME; Flight Data Center (FDC)/Permanent where applicable, that good cause exists § 97.27 NDB, NDB/DME; § 97.29 ILS, Notice to Airmen (P–NOTAM), and is for making these SIAPs effective in less ILS/DME, MLS, MLS/DME, MLS/RNAV; incorporated by reference in the than 30 days. amendment under 5 U.S.C. 552(a), 1 § 97.31 RADAR SIAPs; § 97.33 RNAV CFR part 51, and § 97.20 of Title 14 of Conclusion SIAPs; and § 97.35 COPTER SIAPs, the Code of Federal Regulations. The FAA has determined that this Identified as follows: The large number of SIAPs, their regulation only involves an established * * * Effective Upon Publication complex nature, and the need for a body of technical regulations for which

AIRAC date State City Airport FDC No. FDC Date Subject

6–May–10 .... MI DETROIT ...... WILLOW RUN ...... 0/0421 3/23/10 ILS RWY 23L, AMDT 7B 6–May–10 .... MI ROGERS CITY ..... PRESQUE ISLE COUNTY ... 0/0426 3/23/10 NDB RWY 27, AMDT 3 6–May–10 .... MN APPLETON ...... APPLETON MUNI ...... 0/0494 3/23/10 TAKEOFF MINIMUMS AND OB- STACLE DP, ORIG 6–May–10 .... MN BIGFORK ...... BIGFORK MUNICIPAL ...... 0/0496 3/23/10 TAKEOFF MINIMUMS AND OB- STACLE DP, ORIG 6–May–10 .... MI EATON RAPIDS ... SKYWAY ESTATES ...... 0/0497 3/23/10 VOR OR GPS A, AMDT 1

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AIRAC date State City Airport FDC No. FDC Date Subject

6–May–10 .... MI ALPENA ...... ALPENA COUNTY RGNL ..... 0/0498 3/23/10 RNAV (GPS) RWY 1, ORIG 6–May–10 .... MI WEST BRANCH .... WEST BRANCH COMMU- 0/0501 3/23/10 VOR RWY 27, ORIG–D NITY. 6–May–10 .... MN MINNEAPOLIS ...... AIRLAKE ...... 0/0517 3/23/10 ILS OR LOC RWY 30, ORIG–D 6–May–10 .... MI ALPENA ...... ALPENA COUNTY RGNL ..... 0/0520 3/23/10 VOR RWY 1, AMDT 14B 6–May–10 .... FL BOCA RATON ...... BOCA RATON ...... 0/0879 3/23/10 VOR/DME A, AMDT 1 6–May–10 .... GA CORDELE ...... CRISP COUNTY— 0/1012 3/17/10 LOC RWY 10, ORIG–B CORDELE. 6–May–10 .... MI GAYLORD ...... GAYLORD RGNL ...... 0/1035 3/17/10 ILS OR LOC RWY 9, ORIG–A 6–May–10 .... MI TROY ...... OAKLAND/TROY ...... 0/1120 3/23/10 VOR OR GPS A, AMDT 3 6–May–10 .... AZ GOODYEAR ...... PHOENIX GOODYEAR 0/7677 3/23/10 RNAV (GPS) RWY 3, ORIG MUNI. 6–May–10 .... NV RENO ...... RENO/TAHOE INTL...... 0/7823 3/23/10 ILS OR LOC/DME RWY 34L, ORIG–A 6–May–10 .... NV RENO ...... RENO/TAHOE INTL ...... 0/7824 3/23/10 RNAV (GPS) Y RWY 16L, AMDT 1 6–May–10 .... NV RENO ...... RENO/TAHOE INTL...... 0/7825 3/23/10 RNAV (GPS) Y RWY 16R, AMDT 1 6–May–10 .... DE LAUREL ...... LAUREL ...... 0/9666 3/23/10 GPS A, ORIG 6–May–10 .... MD BALTIMORE ...... BALTIMORE-WASHINGTON 0/9668 3/23/10 VOR RWY 10, AMDT 17 INTL THURGOOD MAR- SHALL. 6–May–10 .... GA BLAKELY ...... EARLY COUNTY ...... 0/9324 3/8/10 THIS NOTAM PUBLISHED IN TL 10–09 IS HEREBY RE- SCINDED IN ITS ENTIRETY RNAV (GPS) RWY 23, AMDT 1 3–Jun–10 ..... VT BARRE/MONTPE- EDWARD F. KNAPP STATE 0/1764 3/24/10 ILS OR LOC RWY 17, AMDT 6 LIER.

[FR Doc. 2010–8834 Filed 4–26–10; 8:45 am] instrument flight rules at the affected www.nfdc.faa.gov to register. BILLING CODE 4910–13–P airports. Additionally, individual SIAP and DATES: This rule is effective April 27, Takeoff Minimums and ODP copies may 2010. The compliance date for each be obtained from: DEPARTMENT OF TRANSPORTATION SIAP, associated Takeoff Minimums, 1. FAA Public Inquiry Center (APA– Federal Aviation Administration and ODP is specified in the amendatory 200), FAA Headquarters Building, 800 provisions. Independence Avenue, SW., 14 CFR Part 97 The incorporation by reference of Washington, DC 20591; or certain publications listed in the 2. The FAA Regional Office of the regulations is approved by the Director [Docket No. 30718; Amdt. No. 3368] region in which the affected airport is of the Federal Register as of April 27, located. Standard Instrument Approach 2010. FOR FURTHER INFORMATION CONTACT: Procedures, and Takeoff Minimums ADDRESSES: Availability of matters Harry J. Hodges, Flight Procedure and Obstacle Departure Procedures; incorporated by reference in the Standards Branch (AFS–420), Flight Miscellaneous Amendments amendment is as follows: Technologies and Programs Divisions, For Examination— Flight Standards Service, Federal AGENCY: Federal Aviation 1. FAA Rules Docket, FAA Aviation Administration, Mike Administration (FAA), DOT. Headquarters Building, 800 Monroney Aeronautical Center, 6500 Independence Avenue, SW., ACTION: Final rule. South MacArthur Blvd., Oklahoma City, Washington, DC 20591; OK 73169 (Mail Address: P.O. Box SUMMARY: This establishes, amends, 2. The FAA Regional Office of the 25082, Oklahoma City, OK 73125) suspends, or revokes Standard region in which the affected airport is Telephone: (405) 954–4164. Instrument Approach Procedures located; (SIAPs) and associated Takeoff 3. The National Flight Procedures SUPPLEMENTARY INFORMATION: This rule Minimums and Obstacle Departure Office, 6500 South MacArthur Blvd., amends Title 14 of the Code of Federal Procedures for operations at certain Oklahoma City, OK 73169 or Regulations, Part 97 (14 CFR part 97), by airports. These regulatory actions are 4. The National Archives and Records establishing, amending, suspending, or needed because of the adoption of new Administration (NARA). For revoking SIAPS, Takeoff Minimums or revised criteria, or because of changes information on the availability of this and/or ODPs. The complete regulators occurring in the National Airspace material at NARA, call 202–741–6030, description of each SIAP and its System, such as the commissioning of or go to: http://www.archives.gov/ associated Takeoff Minimums or ODP new navigational facilities, adding new federal_register/ for an identified airport is listed on FAA obstacles, or changing air traffic code_of_federal_regulations/ form documents which are incorporated requirements. These changes are ibr_locations.html. by reference in this amendment under 5 designed to provide safe and efficient Availability—All SIAPs and Takeoff U.S.C. 552(a), 1 CFR part 51, and 14 use of the navigable airspace and to Minimums and ODPs are available CFR part 97.20. The applicable FAA promote safe flight operations under online free of charge. Visit http:// Forms are FAA Forms 8260–3, 8260–4,

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8260–5, 8260–15A, and 8260–15B when Conclusion Paris, TN, Henry County, ILS OR LOC/NDB required by an entry on 8260–15A. RWY 2, Amdt 1 The FAA has determined that this Paris, TN, Henry County, NDB RWY 2, Amdt The large number of SIAPs, Takeoff regulation only involves an established 3 Minimums and ODPs, in addition to body of technical regulations for which Paris, TN, Henry County, RNAV (GPS) RWY their complex nature and the need for frequent and routine amendments are 2, Orig a special format make publication in the necessary to keep them operationally Paris, TN, Henry County, RNAV (GPS) RWY Federal Register expensive and current. It, therefore—(1) is not a 20, Amdt 1 impractical. Furthermore, airmen do not ‘‘significant regulatory action’’ under Effective 3 JUN 2010 use the regulatory text of the SIAPs, Executive Order 12866; (2) is not a Anniston, AL, Anniston Metropolitan, RNAV Takeoff Minimums or ODPs, but instead ‘‘significant rule’’ under DOT Regulatory (GPS) RWY 5, Amdt 1 refer to their depiction on charts printed Policies and Procedures (44 FR 11034; Anniston, AL, Anniston Metropolitan, RNAV by publishers of aeronautical materials. February 26, 1979); and (3) does not (GPS) Y RWY 23, Amdt 1 The advantages of incorporation by warrant preparation of a regulatory Anniston, AL, Anniston Metropolitan, RNAV reference are realized and publication of evaluation as the anticipated impact is (GPS) Z RWY 23, Orig so minimal. For the same reason, the Hamilton, AL, Marion County-Rankin Fite, the complete description of each SIAP, VOR RWY 18, Amdt 5 Takeoff Minimums and ODP listed on FAA certifies that this amendment will not have a significant economic impact Ash Flat, AR, Sharp County Rgnl, NDB RWY FAA forms is unnecessary. This 4, Amdt 1D, CANCELLED amendment provides the affected CFR on a substantial number of small entities Batesville, AR, Batesville Rgnl, RNAV (GPS) sections and specifies the types of SIAPs under the criteria of the Regulatory RWY 7, Amdt 1 and the effective dates of the associated Flexibility Act. Fort Smith, AR, Fort Smith Rgnl, RNAV Takeoff Minimums and ODPs. This List of Subjects in 14 CFR Part 97 (GPS) RWY 1, Amdt 2 Fort Smith, AR, Fort Smith Rgnl, RNAV amendment also identifies the airport Air Traffic Control, Airports, (GPS) RWY 7, Amdt 1 and its location, the procedure, and the Incorporation by reference, and Fort Smith, AR, Fort Smith Rgnl, RNAV amendment number. Navigation (Air). (GPS) RWY 25, Amdt 1 Ozark, AR, Ozark-Franklin County, RNAV The Rule Issued in Washington, DC, on April 2, (GPS) RWY 4, Orig 2010. This amendment to 14 CFR part 97 is Ozark, AR, Ozark-Franklin County, Takeoff John M. Allen, Minimums and Obstacle DP, Amdt 2 effective upon publication of each Director, Flight Standards Service. Napa, CA, Napa County, NAPAA ONE separate SIAP, Takeoff Minimums and Graphic Obstacle DP ODP as contained in the transmittal. Adoption of the Amendment Napa, CA, Napa County, Takeoff Minimums Some SIAP and Takeoff Minimums and ■ Accordingly, pursuant to the authority and Obstacle DP, Amdt 4 textual ODP amendments may have delegated to me, Title 14, Code of San Diego, CA, Brown Field Muni, Takeoff been issued previously by the FAA in a Federal Regulations, Part 97 (14 CFR Minimums and Obstacle DP, Amdt 4 Flight Data Center (FDC) Notice to Jacksonville, FL, Cecil Field, GPS RWY 9R, part 97) is amended by establishing, Orig, CANCELLED Airmen (NOTAM) as an emergency amending, suspending, or revoking Jacksonville, FL, Cecil Field, GPS RWY 18L, action of immediate flight safety relating Standard Instrument Approach Orig-A, CANCELLED directly to published aeronautical Procedures and/or Takeoff Minimums Jacksonville, FL, Cecil Field, GPS RWY 27L, charts. The circumstances which and/or Obstacle Departure Procedures Orig, CANCELLED created the need for some SIAP and effective at 0902 UTC on the dates Jacksonville, FL, Cecil Field, GPS RWY 36R, Takeoff Minimums and ODP specified, as follows: Orig, CANCELLED amendments may require making them Jacksonville, FL, Cecil Field, RNAV (GPS) effective in less than 30 days. For the PART 97—STANDARD INSTRUMENT RWY 18L, Orig APPROACH PROCEDURES Jacksonville, FL, Cecil Field, RNAV (GPS) remaining SIAPS and Takeoff RWY 36R, Orig Minimums and ODPs, an effective date ■ 1. The authority citation for part 97 Panama City, FL, Northwest Florida-Panama at least 30 days after publication is continues to read as follows: City Intl, ILS OR LOC/DME RWY 16, Orig- provided. A Authority: 49 U.S.C. 106(g), 40103, 40106, Panama City, FL, Northwest Florida-Panama Further, the SIAPs and Takeoff 40113, 40114, 40120, 44502, 44514, 44701, City Intl, RNAV (GPS) RWY 16, Orig-A 44719, 44721–44722. Minimums and ODPs contained in this Panama City, FL, Northwest Florida-Panama amendment are based on the criteria ■ 2. Part 97 is amended to read as City Intl, RNAV (GPS) RWY 34, Orig-A contained in the U.S. Standard for follows: West Palm Beach, FL, Palm Beach Intl, Terminal Instrument Procedures RNAV (GPS) Y RWY 14, Amdt 2A (TERPS). In developing these SIAPS and Effective 6 MAY 2010 Ames, IA, Ames Muni, Takeoff Minimums Takeoff Minimums and ODPs, the Smithfield, NC, Johnston County, NDB OR and Obstacle DP, Amdt 4 TERPS criteria were applied to the GPS RWY 21, Amdt 6, CANCELLED Cedar Rapids, IA, The Eastern Iowa, RNAV (GPS) RWY 8, Orig conditions existing or anticipated at the Montgomery, NY, Orange County, ILS OR LOC RWY 3, Amdt 3A Cedar Rapids, IA, The Eastern Iowa, RNAV affected airports. Because of the close Montgomery, NY, Orange County, RNAV (GPS) RWY 26, Orig and immediate relationship between (GPS) RWY 26, Amdt 1A Cedar Rapids, IA, The Eastern Iowa, Takeoff these SIAPs, Takeoff Minimums and Mount Pleasant, SC, Mt. Pleasant Rgnl-Faison Minimums and Obstacle DP, Amdt 3 ODPs, and safety in air commerce, I find Field, Takeoff Minimums and Obstacle DP, Cedar Rapids, IA, The Eastern Iowa, VOR/ that notice and public procedures before Amdt 1 DME RWY 8, Orig adopting these SIAPS, Takeoff Mount Pleasant, SC, Mt. Pleasant Rgnl-Faison Cedar Rapids, IA, The Eastern Iowa, VOR Minimums and ODPs are impracticable Field, VOR/DME–A, Amdt 1 RWY 26, Orig Mount Pleasant, SC, Mt. Pleasant Rgnl-Faison Effingham, IL, Effingham County Memorial, and contrary to the public interest and, Field, VOR/DME RNAV OR GPS RWY 17, Takeoff Minimums and Obstacle DP, Amdt where applicable, that good cause exists Orig, CANCELLED 5 for making some SIAPs effective in less Fayetteville, TN, Fayetteville Muni, RNAV Shelbyville, IL, Shelby County, Takeoff than 30 days. (GPS) RWY 20, Amdt 1A Minimums and Obstacle DP, Orig

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Crawfordsville, IN, Crawfordsville Muni, Perryton, TX, Perryton Ochiltree County, spa in the United States be equipped Takeoff Minimums and Obstacle DP, Orig RNAV (GPS) RWY 35, Orig with drain covers that comply with the Chanute, KS, Chanute Martin Johnson, RNAV Perryton, TX, Perryton Ochiltree County, ASME/ANSI A112.19.8 performance (GPS) RWY 36, Orig Takeoff Minimums and Obstacle DP, Orig standard or any successor standard. Chanute, KS, Chanute Martin Johnson, Rockport, TX, Aransas County, RNAV (GPS) Takeoff Minimums and Obstacle DP, Orig RWY 14, Amdt 3 (The ASME/ANSI A112.19.8–2007 Chanute, KS, Chanute Martin Johnson, VOR– Rockport, TX, Aransas County, RNAV (GPS) standard includes addenda which A, Amdt 10 RWY 18, Orig ASME codes and standards identify as Chanute, KS, Chanute Martin Johnson, VOR/ Rockport, TX, Aransas County, RNAV (GPS) A112.19.8a [for corrections to the UV DME RNAV OR (GPS) RWY 36, Amdt 3C, RWY 32, Orig light testing procedure] and 8b [for CANCELLED Rockport, TX, Aransas County, RNAV (GPS) outlet covers used on self-contained Coffeyville, KS, Coffeyville Muni, NDB RWY RWY 36, Orig spas]. The addenda are part of the 2007 35, Amdt 1 Hot Springs, VA, Ingalls Field, GPS RWY 25, Baton Rouge, LA, Baton Rouge Metro, Ryan version of the standard and only include Orig-A, CANCELLED pages with changed or revised items. Field, RNAV (GPS) RWY 13, Amdt 1 Hot Springs, VA, Ingalls Field, RNAV (GPS) Baton Rouge, LA, Baton Rouge Metro, Ryan RWY 25, Orig For simplicity, any reference to ASME/ Field, Takeoff Minimums and Obstacle DP, West Point, VA, Middle Peninsula Rgnl, ANSI A112.19.8–2007 in this preamble Amdt 1 RNAV (GPS) RWY 10, Amdt 1 is intended to incorporate the associated Lake Charles, LA, Chennault Intl, RNAV Wenatchee, WA, Pangborn Memorial, RNAV addenda.) Section 1404(c)(1)(A)(ii) of (GPS) RWY 33, Amdt 1 (RNP) RWY 30, Orig the VGB Act requires that each public Lake Charles, LA, Chennault Intl, Takeoff Fairmont, WV, Fairmont Muni Frankman Minimums and Obstacle DP, Orig pool and spa in the United States with Field, Takeoff Minimums and Obstacle DP, Cassville, MO, Cassville Muni, RNAV (GPS) a single main drain other than an Amdt 6 RWY 9, Orig unblockable drain be equipped, at a Cassville, MO, Cassville Muni, Takeoff [FR Doc. 2010–8836 Filed 4–26–10; 8:45 am] minimum, with one or more of the Minimums and Obstacle DP, Orig BILLING CODE 4910–13–P following: Cassville, MO, Cassville Muni, VOR RWY 9, • Safety vacuum release system; Amdt 2 • Suction-limiting vent system; Kennett, MO, Kennett Memorial, NDB RWY CONSUMER PRODUCT SAFETY • Gravity drainage system; 2, Orig, CANCELLED • Kennett, MO, Kennett Memorial, NDB RWY COMMISSION Automatic pump shut-off system; 20, Orig, CANCELLED • Drain disablement; and/or Lebanon, MO, Floyd W Jones Lebanon, 16 CFR Part 1450 • Any other system determined by Takeoff Minimums and Obstacle DP, Orig the Commission to be equally effective Madison, MS, Bruce Campbell Field, VOR– Virginia Graeme Baker Pool and Spa as, or better than, the enumerated A, Amdt 10 Safety Act; Interpretation of systems at preventing or eliminating the Madison, MS, Bruce Campbell Field, VOR/ Unblockable Drain risk of injury or death associated with DME–B, Amdt 5 Endicott, NY, Tri-Cities, GPS RWY 21, Orig- AGENCY: Consumer Product Safety pool drainage systems. A, CANCELLED Commission. For purposes of this preamble, we Endicott, NY, Tri-Cities, RNAV (GPS) RWY 3, ACTION: Final interpretive rule. will refer to these systems collectively Orig as ‘‘secondary anti-entrapment systems.’’ Endicott, NY, Tri-Cities, RNAV (GPS) RWY SUMMARY: The Consumer Product Safety Thus, under the VGB Act, public pools 21, Orig Commission (‘‘Commission,’’ ‘‘CPSC’’ or or spas with single main drains other Endicott, NY, Tri-Cities, VOR–A, Amdt 5 ‘‘we’’) is issuing its interpretation of the than unblockable drains must be Rochester, NY, Greater Rochester Intl, ILS OR term ‘‘unblockable drain’’ as used in the LOC RWY 22, Amdt 7 equipped with a secondary anti- Rochester, NY, Greater Rochester Intl, RNAV Virginia Graeme Baker Pool and Spa entrapment system. Section 1403(7) of (GPS) RWY 22, Amdt 1 Safety Act (‘‘VGB Act’’). the VGB Act defines an ‘‘unblockable Buffalo, OK, Buffalo Muni, NDB–A, Amdt 3 DATES: This rule is effective April 27, drain’’ as ‘‘a drain of any size and shape North Bend, OR, Southwest Oregon Rgnl, 2010. The incorporation by reference of that a human body cannot sufficiently Takeoff Minimums and Obstacle DP, Amdt the publication listed in this rule is block to create a suction entrapment 5 approved by the Director of the Federal hazard.’’ Dubois, PA, Dubois Rgnl, ILS OR LOC RWY Register as of April 27, 2010. 25, Amdt 9 In July 2009, CPSC staff issued draft Dubois, PA, Dubois Rgnl, RNAV (GPS) RWY FOR FURTHER INFORMATION CONTACT: Troy technical guidance concerning an 7, Amdt 1 Whitfield, Lead Compliance Officer, unblockable drain on the CPSC Web site Dubois, PA, Dubois Rgnl, RNAV (GPS) RWY Office of Compliance, Consumer (at http://www.poolsafety.gov/ 25, Amdt 1 Product Safety Commission, 4330 East unblockable.pdf) and invited comment Dubois, PA, Dubois Rgnl, Takeoff Minimums West Highway, Bethesda, Maryland on this guidance. The draft technical and Obstacle DP, Amdt 2 20814–4408; telephone (301) 504–7548 guidance included specifications for a Dubois, PA, Dubois Rgnl, VOR/DME RWY 7, or e-mail [email protected]. drain cover such that, when the drain Amdt 4 cover is attached to a drain, the now- Williamsport, PA, Williamsport Rgnl, ILS OR SUPPLEMENTARY INFORMATION: covered drain constitutes an LOC RWY 27, Amdt 16A A. Background Chamberlain, SD, Chamberlain Muni, Takeoff ‘‘unblockable drain.’’ As an unblockable Minimums and Obstacle DP, Orig The Virginia Graeme Baker Pool and drain, this drain would not require a Canadian, TX, Hemphill County, RNAV Spa Safety Act, Public Law 110–140, secondary anti-entrapment system. (GPS) RWY 22, Amdt 1 Title XIV (‘‘the VGB Act’’) was signed On October 21, 2009, the Commission Graford, TX, Possum Kingdom, Takeoff into law on December 19, 2007 and issued a notice in the Federal Register Minimums and Obstacle DP, Orig-A became effective on December 19, 2008. (74 FR 54301) announcing that it would Higgins, TX, Higgins-Lipscomb County, be conducting a public hearing to Takeoff Minimums and Obstacle DP, Orig The VGB Act’s purpose is to prevent Higgins, TX, Higgins-Lipscomb County, drain entrapment and child drowning in receive views from all interested parties VOR/DME–A, Amdt 1 swimming pools and spas. about the draft guidance regarding Perryton, TX, Perryton Ochiltree County, Section 1404(c)(1)(A)(i) of the VGB unblockable drains. The Commission NDB–A, Amdt 4 Act requires that each public pool and invited public participation at this

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hearing. On November 4, 2009, the minimum size requirement; (2) The 4. Layers of Protection: There were Commission conducted a public hearing need for the remaining open flow area several comments regarding the VGB on the staff’s draft technical guidance of the cover, once shadowed, to provide Act’s intent to use a ‘‘layers of and heard presentations from nine sufficient flow to prevent entrapment; protection’’ approach to address individuals. and (3) The general requirements (of the entrapment. Following the hearing, CPSC staff standard) for fasteners and fastening Response: The ‘‘layers of protection’’ revised its interpretation of an integrity (i.e., the cover must stay in are applicable to incidents involving unblockable drain and presented it to place).’’ children having unfettered access to the Commission for consideration. On We received several comments as a swimming pools in residential March 1, 2010, the Commission voted to result of the November 4, 2009 hearing locations. In these cases, barriers and instruct the staff to prepare a proposed and our interpretation of unblockable warnings, such as, doors, door alarms, interpretive rule regarding unblockable drains. We describe and respond to the motion detectors, pool covers, fencing drains, consistent with the staff’s comments in part B of this document. with self-closing, self-latching gates, interpretation.1 1. Diagonal Measurement: Several etc., can all be used to delay and/or B. Response to Comments and comments stated that the interpretation prevent access to the hazard. However, Interpretation of an unblockable drain should not for entrapment incidents, the approach include a 29-inch diagonal requirement to prevention is different. There are five CPSC staff based the ‘‘July 2009 Staff as it was an over-simplification of the different types of entrapment: Body, Draft Technical Guidance on standard and not found in the ASME/ limb, evisceration, hair, and Unblockable Drains’’ on the ANSI A112.19.8 standard. mechanical-related. The mechanisms of requirements for drain covers found in Response: The Commission agrees entrapment can be slightly different ASME/ANSI A112.19.8: ‘‘Based on the with these comments and has removed with each. The common element in all dimensions of the blocking element the 29-inch diagonal reference. five entrapment scenarios is the found in the standard, an outlet cover ″ ″ necessity of an outlet cover as a layer of with measurements in excess of 18″ x 2. 18 x 23 Dimension: Several ″ commenters questioned the use of the protection. All five entrapment issues 23 (or a diagonal measurement greater ″ ″ are addressed by the appropriate flow than 29″) would provide a means to 18 x 23 measurement. Some believed rating and size of the cover when the render the outlet ‘unblockable’ and it was too small, while others claimed cover remains in place. Currently, the subsequently, the sumps below (drains) it was unnecessarily restrictive. Some ‘‘back-up’’ systems mentioned as would be inaccessible and unblockable commenters also indicated that the secondary requirements in the VGB Act providing the outlet cover remains in definition should make clear that the ″ ″ address some, but not all, potential place. The implication is that if the 18 x 23 measurement is intended to hazard patterns. The ‘‘back-up’’ systems outlet cover cannot be ‘shadowed’ by represent a blocked portion of the cover primarily address suction body the solid blocking element the for consideration of the remaining open entrapment and may address some limb remaining open area of the cover will flow area, not simply the dimensions of entrapments. However, these back-up allow sufficient water flow to prevent the cover. ″ ″ the creation of entrapping forces. In Response: The 18 x 23 dimension systems do not address the hair and reaching the definition for an represents the dimensions of a 99th mechanical entrapments, or the unblockable drain, the characterization percentile male and mirrors the evisceration injuries associated with of a suction fitting is taken from the measurement used in the ASME/ANSI entrapments. Moreover, the back-up standard to include the sump and cover A112.19.8 standard referenced in the devices require the incident to occur as a unit, along with all of the following: VGB Act. The Commission continues to before they respond and, depending on (1) The blocking element dimension and believe this dimension is appropriate. the type of entrapment and the the diagonal measure to define a The Commission agrees that the 18″ x circulation system present, the response 23″ dimension is intended to reference may not prevent the entrapment or the 1 Commissioner Robert Adler, Commissioner the remaining open flow area, once injury. Nancy Nord, and Commissioner Anne Northup shadowed, and has revised its definition Based on consideration of these voted to direct the staff to draft a proposed to make this clear. comments, the Commission is creating a interpretive rule on unblockable drain covers, new § 1450.2(b) to interpret consistent with the definition in the staff 3. Blocking Element. One commenter memorandum dated February 3, 2010. Chairman stated that the blocking element was not ‘‘unblockable drain’’ as follows: Inez Tenenbaum and Commissioner Thomas Moore representative of ‘‘human skin’’ and A suction outlet defined as all components, voted against directing the staff to draft a proposed therefore did not fully represent a including the sump and/or body, cover/grate, interpretive rule on unblockable drain covers. Chairman Inez Tenenbaum, Commissioner Robert body’s ability to adhere to or seal and hardware such that its perforated (open) Adler, Commissioner Thomas Moore, and around an outlet cover. area cannot be shadowed by the area of the ″ ″ Commissioner Anne Northup each issued a Response: The Commission agrees 18 x 23 Body Blocking Element of ASME/ statement, a copy of which is available from the that the blocking element does not ANSI A112.19.8–2007 and that the rated flow Commission’s Office of the Secretary or from the through the remaining open area (beyond the Commission’s Web site, replicate the properties of human skin. shadowed portion) cannot create a suction http://www.cpsc.gov. On March 22, 2010, However, the Commission is relying on force in excess of the removal force values in Commissioner Robert Adler, Commissioner Nancy the industry standard that is referenced Nord, and Commissioner Anne Northup voted to Table 1 of that Standard. All suction outlet direct the staff to issue a final interpretive rule on in the VGB Act to further its covers, manufactured or field-fabricated, unblockable drains. A new ballot vote was prepared interpretation of unblockable drain, and shall be certified as meeting the applicable for voting on a final interpretive rule on is thus using the same blocking element requirements of the ASME/ANSI A112.19.8 unblockable drains. Commissioner Adler, dimensions that are referenced in standard. Commissioner Nord, and Commissioner Northup ASME/ANSI A112.19.8. Whether a voted to approve the final interpretive rule. C. Codification Chariman Tenenbaum and Commissioner Moore flexible membrane or a more rigid voted not to approve the final interpretive rule. material is used, it is the remaining The Commission is currently engaged Commissioner Adler issued a statement with his open area of the cover when shadowed in a separate interpretation of another vote, a copy of which is available from the Commission’s Office of the Secretary or from the by the blocking element that is the term, ‘‘public accommodations facility,’’ Commission’s Web site, http://www.cpsc.gov. important factor for consideration. in the VGB Act. If finalized, this

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interpretation would be codified as a § 1450.1 [Reserved] FEDERAL MINE SAFETY AND HEALTH part of CFR part 1450, where § 1450.1 REVIEW COMMISSION § 1450.2 Definitions. would describe the scope of part 1450 and § 1450.2(a) would contain the (a) [Reserved] 29 CFR Part 2700 definition of ‘‘public accommodations (b) Unblockable drain includes a Penalty Settlement Procedure facility.’’ Thus, this rule adds the new suction outlet defined as all CFR part 1450, defines ‘‘unblockable components, including the sump and/or AGENCY: Federal Mine Safety and Health drain’’ at 1450.2(b) and indicates that body, cover/grate, and hardware such Review Commission. 1450.1 and 1450.2(a) are reserved. that its perforated (open) area cannot be ACTION: Interim rule with request for comments. D. Effective Date shadowed by the area of the 18″ x 23″ Body Blocking Element of ASME/ANSI SUMMARY: The Federal Mine Safety and Section 1405 of the VGB Act directs A112.19.8–2007 and that the rated flow Health Review Commission (the the Commission to establish a grant through the remaining open area ‘‘Commission’’) is an independent program to provide assistance to eligible (beyond the shadowed portion) cannot adjudicatory agency that provides States for specific uses related to pool create a suction force in excess of the hearings and appellate review of cases and spa safety. The Commission has removal force values in Table 1 of that arising under the Federal Mine Safety entered into an interagency agreement Standard. All suction outlet covers, and Health Act of 1977, or Mine Act. with the Centers for Disease Control and manufactured or field-fabricated, shall Hearings are held before the Prevention (CDC)/National Center for be certified as meeting the applicable Commission’s Administrative Law Injury Control and Prevention (NCIPC) requirements of the ASME/ANSI Judges, and appellate review is provided to administer the grant program. CDC A112.19.8 standard. You must proceed by a five-member Review Commission will be publishing the Funding in accordance with ASME/ANSI appointed by the President and Opportunity Announcement related to A112.19.8–2007 (issued March 30, confirmed by the Senate. The the grant program in early April. 2007), including Addenda A112.19.8a– Commission is adopting an interim rule Because potential State applicants need 2008 (August 11, 2008) and A112.19.8b– to streamline the process for settling a definitive understanding of the law in 2009 (approved October 22, 2009), civil penalties assessed under the Mine order to qualify for grant monies, and Suction Fittings for Use in Swimming Act. because CDC intends to publish the Pools, Wading Pools, Spas, and Hot DATES: The interim rule takes effect on Funding Opportunity Announcement in Tubs. ASME/ANSI A112.19.8–2007, May 27, 2010. The Commission will April, this final rule resulting is including Addenda A112.19.8a–2008 accept written and electronic comments effective upon publication. The rule and A112.19.8b–2009 are incorporated received on or before June 28, 2010. does not impose obligations on by reference. The Director of the Federal ADDRESSES: Written comments should regulated parties beyond those imposed Register approves this incorporation by be mailed to Michael A. McCord, by the VGB Act. In addition, as reference in accordance with 5 U.S.C. General Counsel, Office of the General mentioned in the DATES section of this 552(a) and 1 CFR part 51. You may Counsel, Federal Mine Safety and preamble, the Commission has already obtain a copy from American Society of Health Review Commission, 601 New received and considered comments and/ Jersey Avenue, NW., Suite 9500, Mechanical Engineers (ASME), ATTN: or presentations with regard to this Washington, DC 20001, or sent via Secretary, A112 Standards Committee, issue on two separate occasions: (1) In facsimile to 202–434–9944. Persons response to the ‘‘July 2009 Staff Draft Three Park Avenue, New York, New mailing written comments shall provide Technical Guidance on Unblockable York 10016–5990; www.asme.org, an original and three copies of their Drains’’ and (2) during the November 4, telephone 800–843–2763. You may comments. Electronic comments should 2009 Commission public hearing. inspect a copy at the Office of the state ‘‘Comments on Penalty Settlement Therefore, there is no need to provide a Secretary, U.S. Consumer Product Rule’’ in the subject line and be sent to delayed effective date in order to allow Safety Commission, Room 502, 4330 [email protected]. for regulated parties to prepare for the East West Highway, Bethesda, MD FOR FURTHER INFORMATION CONTACT: rule. 20814, telephone 301–504–7923, or the Michael A. McCord, General Counsel, National Archives and Records Office of the General Counsel, 601 New List of Subjects in 16 CFR Part 1450 Administration (NARA). For Jersey Avenue, NW., Suite 9500, information on the availability of this Consumer protection, Incorporation Washington, DC 20001; telephone 202– material at NARA, call 202–741–6030 or by reference, Infants and children, Law 434–9935; fax 202–434–9944. enforcement. go to: http://www.archives.gov/ SUPPLEMENTARY INFORMATION: federal_register/ ■ For the reasons stated above, the code_of_federal_regulations/ Background Commission adds part 1450 to ibr_locations.html. Since 2006, the number of new cases subchapter B of title 16 of the Code of filed with the Commission has Dated: April 6, 2010. Federal Regulations to read as follows: dramatically increased. From 2000 Todd A. Stevenson, through 2005, an average of PART 1450—VIRGINIA GRAEME Secretary, Consumer Product Safety approximately 2300 cases were filed BAKER POOL AND SPA SAFETY ACT Commission. with the Commission per year. In 2006 REGULATIONS [FR Doc. 2010–8160 Filed 4–26–10; 8:45 am] and 2007, between approximately 3000 BILLING CODE 6355–01–P and 4000 new cases were filed each Sec. year, while in 2008 and 2009, 1450.1 [Reserved] approximately 9000 cases were filed 1450.2 Definitions. each year. Authority: 15 U.S.C. 2051–2089, 86 Stat. In order to deal with its burgeoning 1207; 15 U.S.C. 8001–8008, 121 Stat. 1794. caseload, the Commission is considering

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various ways to streamline its behalf of the Secretary of Labor, the Commission recognizes that some processing of cases. One approach the accompanying proposed order must parties may not have the capability of Commission has explored is to simplify include a provision in which the Judge being served with the motion and how it processes civil penalty accepts the CLR to represent the proposed order by e-mail, facsimile settlements. Secretary in accordance with the notice transmission, or commercial delivery. Under section 110(k) of the Mine Act, of either limited or unlimited Under such circumstances, the filing 30 U.S.C. 820(k), a proposed civil appearance previously filed with the party may serve the motion and penalty that has been contested before Commission. proposed order on the opposing party the Commission may be settled only The content of orders approving by mail. Permission of the Judge is with the approval of the Commission. settlement will vary depending upon unnecessary for service by non- Under the Commission’s current the particular facts and circumstances of electronic means. practice, a party submits to a each case. The Commission will make Currently, there are instances in Commission Administrative Law Judge sample forms for proposed orders which the Secretary files a motion to a motion to approve a penalty approving settlement available on the approve settlement before the Secretary settlement that includes for each Commission’s Web site (http:// has filed a petition for assessment of violation the amount of the penalty www.fmshrc.gov). penalty. Some of those instances occur proposed by the Department of Labor’s In all penalty proceedings, except when the Commission has granted the Mine Safety and Health Administration, discrimination and section 110(c) Secretary an extension of time to file the the amount of the penalty agreed to in proceedings, parties will file any petition, and the case settles before the settlement, and facts in support of the settlement motion electronically by petition is due under the extension. penalty agreed to by the parties. 29 CFR attaching electronic copies of the When a case settles before the Secretary 2700.31(b). A Commission Judge motion and proposed order to an e-mail has filed a petition, the Commission considers the motion and evaluates the to the Commission. The e-mail address requires the filing party to file a copy of penalty agreed to by the parties based to which settlement motions must be the proposed penalty assessment and on the criteria set forth in section 110(i) sent and instructions for filing are set copies of the citations and/or orders forth on the Commission’s Web site of the Mine Act, 30 U.S.C. 820(i). If the with the motion to approve settlement (http://www.fmshrc.gov). The Judge concludes that the settlement is and does not require the Secretary to file Commission expects that the electronic consistent with the statutory criteria, the the petition. The interim rule continues submission of such settlement motions Judge issues a decision approving the this practice. Thus, under the interim with proposed orders will significantly settlement and setting forth the reasons rule, if the filing party electronically reduce the amount of time it takes for for approval. files a motion to approve settlement and In all penalty proceedings, except for the Commission to dispose of settlement proposed order before the Secretary has discrimination proceedings arising motions. filed a petition for assessment of under section 105(c) of the Mine Act, 30 Electronic filing is effective upon the penalty, the filing party must also file as U.S.C. 815(c), or proceedings against date of transmission. The transmitting individuals pursuant to section 110(c) of party has the responsibility of retaining attachments electronic copies of the the Mine Act, 30 U.S.C. 820(c), the records showing the date of proposed penalty assessment and interim rule sets forth several new transmission, including receipts. Filers citations and orders at issue. Under requirements regarding how parties file should request a delivery receipt when such circumstances, the Secretary need settlement motions with the agency. filing electronically with the not file a petition for assessment of First, it requires that a party filing a Commission using the option for a penalty. motion to approve a penalty settlement delivery receipt, if available on the The interim rule also provides that if submit a proposed decision approving filer’s e-mail program. This receipt is a party filing a motion to approve settlement (‘‘proposed order’’) with the automatically generated when the e- settlement and proposed order fails to motion. Second, it requires the filing mail is delivered to the Commission’s e- include in the motion and proposed party to submit the motion and mail server. Parties may also use the order information required by this rule proposed order electronically. The basic option of a read receipt, which is and the Commission’s instructions on requirements for content of a motion to generated when the e-mail is opened. its Web site, the Commission will not approve settlement still apply in that a Any signature line set forth within a accept for filing the motion and movant must include in a motion for motion to approve settlement submitted proposed order. Rather, the Commission each violation the amount of the electronically must include the notation will inform the filing party of the need proposed penalty, the amount of the ‘‘/s/’’ followed by the typewritten name for correction and resubmission. penalty agreed to in settlement, and of the party or representative of the Discrimination proceedings and facts that support the penalty agreed to party filing the document. The section 110(c) proceedings are by the parties. A filing party may set Commission shall consider such a specifically excepted from paragraph (b) forth this information in the proposed representation of the signature to be the of the Commission’s new interim rule. order and incorporate the proposed original signature of the representative The Commission’s current practice shall order by reference in the motion. The for all purposes unless the party continue to apply to such proceedings. interim rule includes a new requirement representative shows that such Thus, in discrimination or section that the party filing the motion certify representation of the signature was 110(c) proceedings, a party will submit that the opposing party has reviewed unauthorized. See 29 CFR 2700.6. a hard paper copy of a motion to the motion and has authorized the filing Although the interim rule requires approve settlement to the Judge that party to represent that the opposing electronic filing, the Commission may includes for each violation the amount party consents to the granting of the allow a party to file non-electronically of the proposed penalty, the amount of motion and the entry of the proposed with the permission of the Judge. the penalty agreed to in settlement, and order approving settlement. The interim The interim rule requires that a copy the supporting facts. Filing and service rule also requires that, if a motion has of a motion and proposed order be in such proceedings shall be been filed by a Conference and served on the opposing party as accomplished in accordance with the Litigation Representative (‘‘CLR’’) on expeditiously as possible. The provisions of 29 CFR 2700.5 and 2700.7.

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Notice and Public Procedure the Executive Director and mailed or (i) Electronic filing. A motion and Although notice-and-comment delivered to the Docket Office, Federal proposed order shall be filed rulemaking requirements under the Mine Safety and Health Review electronically according to the Administrative Procedure Act (‘‘APA’’) Commission, 601 New Jersey Avenue, requirements set forth in this rule and do not apply to rules of agency NW., Suite 9500, Washington, DC instructions on the Commission’s Web procedure (see 5 U.S.C. 553(b)(3)(A)), 20001; facsimile delivery as allowed by site (http://www.fmshrc.gov). Filing is the Commission invites members of the these rules (see section 2700.5(e)), shall effective upon the date of the electronic interested public to submit comments be transmitted to (202) 434–9954. transmission of the motion and (2) After a Judge has been assigned, on the interim rule in order to assist the proposed order. The transmitting party and before a decision has been issued, Commission in its deliberations is responsible for retaining records documents shall be filed with the Judge regarding the adoption of a permanent showing the date of transmission, at the address set forth on the notice of rule. The Commission will accept including receipts. Any signature line the assignment. set forth within a motion to approve public comments until June 28, 2010. (3) Documents filed in connection The Commission is an independent settlement submitted electronically with interlocutory review shall be filed regulatory agency and, as such, is not shall include the notation ‘‘/s/’’ followed with the Commission in accordance subject to the requirements of E.O. by the typewritten name of the party or with section 2700.76. representative of the party filing the 12866, E.O. 13132, or the Unfunded (4) After the Judge has issued a final Mandates Reform Act, 2 U.S.C. 1501 et document. Such representation of the decision, documents shall be filed with signature shall be deemed to be the seq. the Commission as described in The Commission has determined original signature of the representative paragraph (b)(1) of this section. under the Regulatory Flexibility Act (5 for all purposes unless the party ■ U.S.C. 601 et seq.) that this rule would 3. Revise § 2700.31 to read as follows: representative shows that such representation of the signature was not have a significant economic impact § 2700.31 Penalty settlement. on a substantial number of small unauthorized. See 29 CFR 2700.6. A (a) General. A proposed penalty that motion and proposed order filed entities. Therefore, a Regulatory has been contested before the Flexibility Statement and Analysis has electronically constitute written Commission may be settled only with documents for the purpose of applying not been prepared. the approval of the Commission upon The Commission has determined that the Commission’s procedural rules (29 motion. A motion to approve a penalty CFR part 2700), and such rules apply the Paperwork Reduction Act (44 U.S.C. settlement shall include for each 3501 et seq.) does not apply because this unless an exception to those rules is violation the amount of the penalty specifically set forth in this rule. Any rule does not contain any information proposed by the Secretary, the amount collection requirements that require the copies of the motion and proposed order of the penalty agreed to in settlement, which have been printed and placed in approval of the OMB. and facts in support of the penalty The Commission has determined that the official case file by the Commission agreed to by the parties. shall have the same force and effect as the Congressional Review Act, 5 U.S.C. (b) Motion accompanied by proposed 801, is not applicable here because, original documents. order. In all penalty proceedings, except (ii) Filing by non-electronic means. A pursuant to 5 U.S.C. 804(3)(C), this rule for discrimination proceedings arising party may file a motion to approve ‘‘does not substantially affect the rights under section 105(c) of the Mine Act, 30 settlement and an accompanying or obligations of non-agency parties.’’ U.S.C. 815(c), or proceedings against proposed order by non-electronic means List of Subjects in 29 CFR Part 2700 individuals pursuant to section 110(c) of only with the permission of the Judge. the Mine Act, 30 U.S.C. 820(c), a (iii) Service. A settlement motion and Administrative practice and settlement motion must be accompanied proposed order shall be served on all procedure, Mine safety and health, by a proposed order approving parties or their representatives as Penalties, Whistleblowing. settlement. Forms for proposed orders expeditiously as possible. If a party ■ For the reasons stated in the preamble, approving settlement are available on cannot be served by e-mail, facsimile the Federal Mine Safety and Health the Commission’s Web site (http:// transmission, or commercial delivery, a Review Commission amends 29 CFR www.fmshrc.gov). copy of the motion and proposed order part 2700 as follows: (1) Certification. The party filing a may be served by mail. A certificate of PART 2700—PROCEDURAL RULES motion must certify that the opposing service shall accompany the motion and party has reviewed the motion, and has proposed order setting forth the date ■ 1. The authority citation for part 2700 authorized the filing party to represent and manner of service. continues to read as follows: that the opposing party consents to the (4) Filing of motion and proposed Authority: 30 U.S.C. 815, 820, 823, and granting of the motion and the entry of order prior to filing of petition. If a 876. the proposed order approving motion to approve settlement and ■ 2. Section 2700.5 is amended by settlement. proposed order is filed with the revising paragraph (b) to read as follows: (2) Appearance by CLR. If a motion Commission before the Secretary has has been filed by a Conference and filed a petition for assessment of § 2700.5 General requirements for Litigation Representative (‘‘CLR’’) on penalty, the filing party must also pleadings and other documents; status or behalf of the Secretary, the proposed submit as attachments electronic copies informational requests. order approving settlement of the proposed penalty assessment and * * * * * accompanying the motion shall include citations and orders at issue. If such (b) Where to file. Unless otherwise a provision in which the Judge accepts attachments are filed, the Secretary need provided for in the Act, these rules, or the CLR to represent the Secretary in not file a petition for assessment of by order: accordance with the notice of either penalty. (1) Until a Judge has been assigned to limited or unlimited appearance (5) Non-acceptance of motion and a case, all documents shall be filed with previously filed with the Commission. proposed order. If a party filing a the Commission. Documents filed with (3) Filing and service of motion motion to approve settlement and a the Commission shall be addressed to accompanied by proposed order. proposed order fails to include in the

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motion and proposed order information Agency intends that the phrase, ‘‘Any docket are part of docket USCG–2010– required by this rule and the other accident,’’ as used in paragraph (d) 0271 and are available online by going Commission’s instructions posted on of MSHA’s standard at § 50.10 refers to: to http://www.regulations.gov, inserting the Commission’s Web site, the • An entrapment of an individual for USCG–2010–0271 in the ‘‘Keyword’’ Commission will not accept for filing more than 30 minutes; and box, and then clicking ‘‘Search.’’ They the motion and proposed order. Rather, • Any other accident as defined in are also available for inspection or the Commission will inform the filing § 50.2(h)(4)–(12). copying at the Docket Management party of the need for correction and After reviewing the comments, MSHA Facility (M–30), U.S. Department of resubmission. determined that they were not Transportation, West Building Ground (c) Final order. Any order by the ‘‘significant adverse comments.’’ Floor, Room W12–140, 1200 New Jersey Judge approving a settlement shall set Therefore, the Agency did not withdraw Avenue, SE., Washington, DC 20590, forth the reasons for approval and shall the direct final rule. between 9 a.m. and 5 p.m., Monday be supported by the record. Such order The comments can be viewed on through Friday, except Federal holidays. shall become the final order of the MSHA’s Web site at FOR FURTHER INFORMATION CONTACT: If Commission 40 days after issuance http://www.msha.gov/REGS/Comments/ you have questions on this temporary unless the Commission has directed that E9-30608/immediatenotify.asp. rule, call or e-mail Lieutenant Junior the order be reviewed. A Judge may Dated: April 21, 2010. Grade Laura van der Pol, Coast Guard correct clerical errors in an order Joseph A. Main, Sector Northern New England, approving settlement in accordance Waterways Management Division; with the provisions of 29 CFR Assistant Secretary of Labor for Mine Safety and Health. telephone 207–741–5421, e-mail 2700.69(c). [FR Doc. 2010–9675 Filed 4–26–10; 8:45 am] [email protected]. If you Dated: April 21, 2010. have questions on viewing the docket, BILLING CODE 4510–43–P Mary Lu Jordan, call Renee V. Wright, Program Manager, Chairman, Federal Mine Safety and Health Docket Operations, telephone 202–366– 9826. Review Commission. DEPARTMENT OF HOMELAND [FR Doc. 2010–9689 Filed 4–26–10; 8:45 am] SECURITY SUPPLEMENTARY INFORMATION: BILLING CODE 6735–01–P Regulatory Information Coast Guard The Coast Guard is issuing this DEPARTMENT OF LABOR 33 CFR Part 165 temporary final rule without prior notice and opportunity to comment Mine Safety and Health Administration [Docket No. USCG–2010–0271] pursuant to authority under section 4(a) RIN 1625–AA00 of the Administrative Procedure Act 30 CFR Parts 50 and 100 (APA) (5 U.S.C. 553(b)). This provision Safety Zone; Extended Debris Removal authorizes an agency to issue a rule RIN 1219–AB63 in the Lake Champlain Bridge without prior notice and opportunity to Criteria and Procedures for Proposed Construction Zone (Between Vermont comment when the agency for good Assessment of Civil Penalties/ and New York), Crown Point, NY cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary Reporting and Recordkeeping: AGENCY: Coast Guard, DHS. Immediate Notification of Accidents to the public interest.’’ Under 5 U.S.C. ACTION: Temporary final rule. 553(b)(B), the Coast Guard finds that AGENCY: Mine Safety and Health good cause exists for not publishing a SUMMARY: Administration (MSHA), Labor. The Coast Guard is notice of proposed rulemaking (NPRM) establishing a temporary safety zone on ACTION: Direct final rule; confirmation of with respect to this rule. The New York effective date. the navigable waters immediately State Department of Transportation surrounding the Lake Champlain Bridge recently requested an extension to SUMMARY: MSHA published a direct construction zone between Chimney deadline for removing the concrete piers final rule for parts 50 and 100 on Point, VT and Crown Point, NY. This (6 and 7) which line the main channel December 29, 2009. MSHA stated that rule re-establishes a safety zone that was in Crown Point, NY. These piers can the Agency would withdraw the direct scheduled to expire prior to the only be effectively removed by final rule if the Agency received completion of the removal of debris explosive charges, and both the piers significant adverse comments. Because from the old Crown Point bridge and subsequent debris must be removed the Agency did not receive any demolition. The debris must be cleared before the Coast Guard can reopen the significant adverse comment, the direct from the navigable waterway prior to channel to all vessel traffic. The Coast final rule became effective. This notice opening the channel to vessel traffic. Guard did not receive notification of confirms the effective date. This rule is necessary to provide safety delays in the debris removal operations DATES: Effective Date: March 29, 2010. of life on the navigable waters within in sufficient time to complete a FOR FURTHER INFORMATION CONTACT: this area during the demolition and comment period prior to the expiration Patricia W. Silvey, Director, Office of debris removal of the bridge piers of the existing safety zone. As delaying Standards, Regulations, and Variances, within this construction zone. the demolition and debris removal MSHA, at [email protected] (e- DATES: This rule is effective in the CFR process is contrary to public interest, mail), 202–693–9440 (voice), or 202– on April 27, 2010. This rule is effective and there is continued need to protect 693–9441 (facsimile). with actual notice for purposes of waterway users from hazardous debris SUPPLEMENTARY INFORMATION: MSHA enforcement from 12:01 a.m. on Friday, in the navigational channel, a comment received comments on the direct final April 16, 2010 through 11:59 p.m. on period is both impractical and rule indicating that some members of Saturday, May 15, 2010. unnecessary. the mining industry misunderstood the ADDRESSES: Documents indicated in this Under 5 U.S.C. 553(d)(3), the Coast Agency’s intent. For clarification, the preamble as being available in the Guard finds that good cause exists for

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making this rule effective less than 30 Discussion of Rule dominant in their fields, and days after publication in the Federal This rule establishes a temporary governmental jurisdictions with Register for the same reasons safety zone of 1500 feet to either side of populations of less than 50,000. enumerated above. the Lake Champlain Bridge construction The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have Basis and Purpose zone, between 44°02′06″ N, 073°25′41″ W to the north and 44°01′53″ N, a significant economic impact on a On December 28th, 2009 the New 073°25′06″ W to the south. The Captain substantial number of small entities. York State Department of of the Port may suspend enforcement to This rule will affect the following Transportation demolished the Lake part or all of this zone when deemed entities, some of which may be small Champlain Bridge after an inspection safe to do so. entities: the Lake Champlain showed significant deterioration of the Entry into this zone by any vessel or Transportation Company, and the concrete piers supporting the bridge as person is strictly prohibited through owners or operators of vessels intending well as extreme wear to the metal Saturday, May 15th, 2010 unless to transit or anchor in a portion of the structure. For that demolition and specifically authorized by the Captain of navigable waters immediately subsequent debris removal, the Coast the Port, Sector Northern New England. surrounding the Lake Champlain Bridge Guard established a safety zone around The Captain of the Port anticipates construction zone between Chimney the construction site, an exclusion area little negative impact on vessel traffic Point, VT and Crown Point, NY. that remains in effect until April 15, from this temporary safety zone. This This safety zone will not have a 2010 (docket number USCG–2009– safety zone extends the existing limited significant economic impact on a 1094). While the Coast Guard had access area by one month, and it may be substantial number of small entities for intended to re-open the area to all traffic suspended after completion of a channel the following reasons: There is no upon expiration of that safety zone, it is survey that verifies the safety of the commercial traffic in the region, and unsafe to do so until the debris removal main channel for navigation. recreational boaters will be allowed to process is complete and the area has Additionally, details of the project pass through the zone with the been surveyed. and safety zone enforcement will permission of the Coast Guard Captain The New York State Department of continue to be made via a Local Notice of the Port. Transportation recently requested an to Mariners and Broadcast Notice to Assistance for Small Entities extension to the original April 15, 2010 Mariners. deadline for clearing the main channel Under section 213(a) of the Small as there have been operational delays Regulatory Analyses Business Regulatory Enforcement that did not allow the removal of We developed this rule after Fairness Act of 1996 (Pub. L. 104–121), concrete piers 6 and 7 at an earlier date. considering numerous statutes and we offer to assist small entities in As the current safety zone does not executive orders related to rulemaking. understanding the rule so that they can provide sufficient time for complete Below we summarize our analyses better evaluate its effects on them and debris removal and a channel survey, based on 13 of these statutes or participate in the rulemaking process. If the Coast Guard is establishing this executive orders. your small business or organization temporary safety zone to meet that need. would be affected by this rule and you A pier explosion is tentatively Regulatory Planning and Review have any questions concerning its scheduled for Friday, April 9, 2010 or This rule is not a significant provisions or options for compliance, Saturday, April 10, 2010 depending on regulatory action under section 3(f) of please call or e-mail Lieutenant Junior weather and operations necessary to Executive Order 12866, Regulatory Grade Laura van der Pol, Coast Guard place explosive charges on the piers. Planning and Review, and does not Sector Northern New England, The pier demolition will put additional require an assessment of potential costs Waterways Management Division; debris in the navigational channel that and benefits under section 6(a)(3) of that telephone 207–741–5421, e-mail must be cleared and surveyed prior to Order. The Office of Management and [email protected]. vessels transiting through the area. Budget has not reviewed it under that Small businesses may send comments This safety zone will extend the Order. on the actions of Federal employees current zone by one month (through This rule is not a significant who enforce, or otherwise determine May 15th, 2010) to allow for complete regulatory action because there is no compliance with, Federal regulations to debris removal in the main channel as commercial traffic in the region, and the the Small Business and Agriculture well as a side-scan sonar survey to locks that allow passage through the Regulatory Enforcement Ombudsman verify the area is safe for navigation. The New York State Canal System do not and the Regional Small Business Captain of the Port will enforce a zone open until May 1, 2010. Until that time, Regulatory Fairness Boards. The 1500 feet to the north and south of the the recreational traffic through the area Ombudsman evaluates these actions Lake Champlain Bridge construction is minimal. Also, traffic will be allowed annually and rates each agency’s site. The Captain of the Port may to pass through the zone with the responsiveness to small business. If you suspend part or all of the zone if the permission of the Coast Guard Captain wish to comment on actions by Coast Guard determines that it is safe to of the Port. employees of the Coast Guard, call do so or if a channel survey is 1–888–REG–FAIR (1–888–734–3247). Small Entities completed prior to May 15th, 2010. The The Coast Guard will not retaliate notifications for such an event are Under the Regulatory Flexibility Act against small entities that question or discussed below under ‘‘List of (5 U.S.C. 601–612), we have considered complain about this rule or any policy Subjects’’. whether this rule would have a or action of the Coast Guard. This safety zone is being established significant economic impact on a to provide for the safety of life on the substantial number of small entities. Collection of Information navigable waters by prohibiting entry The term ‘‘small entities’’ comprises This rule calls for no new collection into an area surrounding the Lake small businesses, not-for-profit of information under the Paperwork Champlain Bridge construction zone organizations that are independently Reduction Act of 1995 (44 U.S.C. 3501– during continued debris removal. owned and operated and are not 3520).

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Federalism Significantly Affect Energy Supply, ■ For the reasons discussed in the A rule has implications for federalism Distribution, or Use. We have preamble, the Coast Guard amends 33 under Executive Order 13132, determined that it is not a ‘‘significant CFR Part 165 as follows: Federalism, if it has a substantial direct energy action’’ under that order because it is not a ‘‘significant regulatory action’’ PART 165—REGULATED NAVIGATION effect on State or local governments and AREAS AND LIMITED ACCESS AREAS would either preempt State law or under Executive Order 12866 and is not impose a substantial direct cost of likely to have a significant adverse effect ■ 1. The authority citation for Part 165 compliance on them. We have analyzed on the supply, distribution, or use of continues to read as follows: energy. The Administrator of the Office this rule under that Order and have Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. determined that it does not have of Information and Regulatory Affairs has not designated it as a significant Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; implications for federalism. 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; energy action. Therefore, it does not Unfunded Mandates Reform Act Pub. L. 107–295, 116 Stat. 2064; Department require a Statement of Energy Effects of Homeland Security Delegation No. 0170.1. The Unfunded Mandates Reform Act under Executive Order 13211. ■ 2. Add temporary § 165.T10–0271 to of 1995 (2 U.S.C. 1531–1538) requires Technical Standards Federal agencies to assess the effects of read as follows: their discretionary regulatory actions. In The National Technology Transfer § 165.T10–0271 Safety Zone; Extended particular, the Act addresses actions and Advancement Act (NTTAA) (15 Debris Removal in the Lake Champlain that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Bridge Construction Zone (between State, local, or tribal government, in the voluntary consensus standards in their Vermont and New York), Crown Point, NY. aggregate, or by the private sector of regulatory activities unless the agency (a) Location. The following area is a $100,000,000 (adjusted for inflation) or provides Congress, through the Office of safety zone: All navigable waters from more in any one year. Though this rule Management and Budget, with an surface to bottom extending 1500 feet to will not result in such an expenditure, explanation of why using these either side of the Lake Champlain we do discuss the effects of this rule standards would be inconsistent with Bridge construction zone, marked by elsewhere in this preamble. applicable law or otherwise impractical. coordinates 44″02′06″ N, 073″25′41″ W ″ ′ ″ ″ ′ ″ Taking of Private Property Voluntary consensus standards are to the north and 44 01 53 N, 073 25 06 technical standards (e.g., specifications W to the south. Visually, this area is This rule will not cause a taking of of materials, performance, design, or marked from shore to shore by a line private property or otherwise have operation; test methods; sampling between Orchard Point in New York to taking implications under Executive procedures; and related management Hoist Point in Vermont to the north, and Order 12630, Governmental Actions and systems practices) that are developed or a line passing through the assigned Interference with Constitutionally adopted by voluntary consensus position of Crown Point Lighted Buoy Protected Property Rights. standards bodies. 58 (LLNR 39865) at 44″01′42″ N, ″ ′ ″ Civil Justice Reform This rule does not use technical 073 24 57 W and the southern This rule meets applicable standards standards. Therefore, we did not coordinate indicated above. If in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus conditions allow, the Coast Guard Order 12988, Civil Justice Reform, to standards. Captain of the Port, Sector Northern New England may suspend enforcement minimize litigation, eliminate Environment ambiguity, and reduce burden. for all or a portion of the safety zone. Notification of such a reduction in the Protection of Children We have analyzed this rule under safety zone will be made via Broadcast Department of Homeland Security Notice to Mariners. We have analyzed this rule under Management Directive 023–01 and Executive Order 13045, Protection of (b) Regulations. (1) The general Commandant Instruction M16475.lD, regulations in § 165.23 apply. Children from Environmental Health which guide the Coast Guard in Risks and Safety Risks. This rule is not (2) In accordance with the general complying with the National regulations in § 165.23, entry into or an economically significant rule and Environmental Policy Act of 1969 does not create an environmental risk to remaining within this safety zone is (NEPA) (42 U.S.C. 4321–4370f), and prohibited unless authorized by the health or risk to safety that may have concluded this action is one of a disproportionately affect children. Coast Guard Captain of the Port, Sector category of actions which do not Northern New England. Indian Tribal Governments individually or cumulatively have a (3) Persons desiring to transit the area significant effect on the human This rule does not have tribal of the safety zone may contact the environment. This rule is categorically implications under Executive Order Captain of the Port, Sector Northern excluded, under figure 2–1, paragraph 13175, Consultation and Coordination New England Command Center at 207– (34)(g), of the Instruction. This rule with Indian Tribal Governments, 741–3020 or on VHF channel 16 (156.8 involves the establishment of a safety because it does not have a substantial MHz) to seek permission to transit the zone. An environmental analysis direct effect on one or more Indian zone. If permission is granted, all checklist and a categorical exclusion tribes, on the relationship between the persons and vessels must comply with determination will be available in the Federal Government and Indian tribes, the instructions of the Captain of the docket where indicated under or on the distribution of power and Port, Sector Northern New England or ADDRESSES. responsibilities between the Federal his designated representative. Government and Indian tribes. List of Subjects in 33 CFR Part 165 (c) Effective Period. This section is effective from Friday, April 16th, 2010 Energy Effects Harbors, Marine safety, Navigation through Saturday, May 15th, 2010. The We have analyzed this rule under (water), Reporting and recordkeeping Captain of the Port will notify the Executive Order 13211, Actions requirements, Security measures, maritime community of enforcement of Concerning Regulations That Waterways. this safety zone via Local Notices to

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Mariners and Broadcast Notice to (1) Navy Pier Fireworks; on May 29, DEPARTMENT OF TRANSPORTATION Mariners. 2010 from 10 p.m. through 10:30 p.m.; Federal Motor Carrier Safety Dated: April 8, 2010. on June 05, 2010 from 10 p.m. through Administration B.J. Downey, Jr., 10:30 p.m.; on June 12, 2010 from 10 p.m. through 10:30 p.m.; on June 16, Commander, U.S. Coast Guard, Captain of 49 CFR Part 367 the Port Sector Northern New England Acting. 2010 from 9:15 p.m. through 10:45 p.m.; [FR Doc. 2010–9680 Filed 4–26–10; 8:45 am] on June 19, 2010 from 10 p.m. through [Docket No. FMCSA–2009–0231] 10:30 p.m.; on June 23, 2010 from 9:15 BILLING CODE 9110–04–P RIN 2126–AB19 p.m. through 9:45 p.m.; on June 26, 2010 from 10 p.m. through 10:30 p.m.; Fees for the Unified Carrier DEPARTMENT OF HOMELAND on June 30, 2010 from 9:15 p.m. through Registration Plan and Agreement SECURITY 9:45 p.m. AGENCY: Federal Motor Carrier Safety Coast Guard All vessels must obtain permission Administration (FMCSA), DOT. from the Captain of the Port, Sector Lake ACTION: Final rule. 33 CFR Part 165 Michigan, or his or her on-scene representative to enter, move within, or SUMMARY: This rule establishes annual [Docket No. USCG–2010–0223] exit the safety zone. Vessels and persons registration fees and a fee bracket structure for the Unified Carrier RIN 1625–AA00 granted permission to enter the safety zone shall obey all lawful orders or Registration (UCR) Agreement for the Safety Zone; Chicago Harbor, Navy directions of the Captain of the Port, calendar year beginning January 1, 2010, Pier Southeast, Chicago, IL Sector Lake Michigan, or his or her on- as required under the Unified Carrier scene representative. While within a Registration Act of 2005, enacted as AGENCY: Coast Guard, DHS. safety zone, all vessels shall operate at Subtitle C of Title IV of the Safe, ACTION: Notice of enforcement of the minimum speed necessary to Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for regulation. maintain a safe course. Users, as amended. SUMMARY: The Coast Guard will enforce This notice is issued under authority DATES: Effective Date: April 27, 2010. the Navy Pier Southeast Safety Zone in of 33 CFR 165.931 Safety Zone, Chicago ADDRESSES: Copies or abstracts of all Chicago Harbor during multiple periods Harbor, Navy Pier Southeast, Chicago IL comments and background documents beginning on May 29, 2010 and ending and 5 U.S.C. 552(a). In addition to this referenced in this document are in on June 30, 2010. This action is notice in the Federal Register, the Coast Docket No. FMCSA–2009–0231. For necessary and intended to ensure safety Guard will provide the maritime access to the docket, go to: of life on the navigable waters community with advance notification of • Federal eRulemaking Portal: http:// immediately prior to, during, and these enforcement periods via broadcast www.regulations.gov. Go to the ‘‘Help’’ immediately after fireworks events. This Notice to Mariners or Local Notice to section of regulations.gov to find action will establish restrictions upon, Mariners. The Captain of the Port, electronic retrieval help and guidelines. and control movement of, vessels in a Sector Lake Michigan, will issue a Regulations.gov is generally available 24 specified area immediately prior to, Broadcast Notice to Mariners notifying hours each day, 365 days each year. during, and immediately after fireworks the public when enforcement of the • DOT Docket Management Facility: events. During the enforcement period, safety zone established by this section is U.S. Department of Transportation, 1200 no person or vessel may enter the safety suspended. If the Captain of the Port, New Jersey Avenue, SE., Washington, zone without permission of the Captain DC 20590–0001. Docket Management of the Port, Sector Lake Michigan. Sector Lake Michigan, determines that the safety zone need not be enforced for Facility hours are between 9 a.m. and 5 DATES: The regulations in 33 CFR the full duration stated in this notice, he p.m., e.t., Monday through Friday, 165.931 will be enforced on May 29, or she may use a Broadcast Notice to except Federal holidays. 2010 from 10 p.m. through 10:30 p.m.; Privacy Act: Anyone is able to search Mariners to grant general permission to on June 05, 2010 from 10 p.m. through the electronic form for all comments 10:30 p.m.; on June 12, 2010 from 10 enter the safety zone. The Captain of the received into any of our dockets by the p.m. through 10:30 p.m.; on June 16, Port, Sector Lake Michigan, or his or her name of the individual submitting the 2010 from 9:15 p.m. through 10:45 p.m.; on-scene representative may be comment (or signing the comment, if on June 19, 2010 from 10 p.m. through contacted via VHF Channel 16. submitted on behalf of an association, 10:30 p.m.; on June 23, 2010 from 9:15 Dated: April 8, 2010. business, labor union, etc.). You may p.m. through 9:45 p.m.; on June 26, L. Barndt, review U.S. Department of Transportation’s (DOT) complete 2010 from 10 p.m. through 10:30 p.m.; Captain, U.S. Coast Guard, Captain of the on June 30, 2010 from 9:15 p.m. through Port, Sector Lake Michigan. Privacy Act Statement in the Federal 9:45 p.m. Register published on April 11, 2000 [FR Doc. 2010–9681 Filed 4–26–10; 8:45 am] FOR FURTHER INFORMATION CONTACT: If (65 FR 19476), or you may visit http:// BILLING CODE 9110–04–P you have questions on this notice, call docketsinfo.dot.gov. or e-mail BM1 Adam Kraft, Prevention FOR FURTHER INFORMATION CONTACT: Ms. Department, Coast Guard Sector Lake Julie Otto, Office of Enforcement and Michigan, Milwaukee, WI at (414) 747– Program Delivery, (202) 366–0710, 7154, e-mail [email protected]. FMCSA, Department of Transportation, SUPPLEMENTARY INFORMATION: 1200 New Jersey Ave., SE., Washington, The Coast Guard will enforce the DC 20590 or by e-mail at: Safety Zone; Chicago Harbor, Navy Pier [email protected]. Southeast, Chicago, IL, 33 CFR 165.931 SUPPLEMENTARY INFORMATION: The for the following events: preamble is organized as follows:

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Table of Contents is the ‘‘interstate agreement governing published a request for public I. List of Abbreviations the collection and distribution of comments along with recommendations II. Legal Basis for the Rulemaking registration and financial responsibility for appointment of the five members III. Statutory Requirements for the UCR Fees information provided and fees paid by from the motor carrier industry.3 IV. Background motor carriers, motor private carriers, Among its responsibilities, the Board V. Discussion of Comments on the NPRM brokers, freight forwarders and leasing is required to submit to the Secretary of VI. The Final Rule companies * * *’’ (49 U.S.C. Transportation 4 a recommendation for VII. Regulatory Analyses and Notices 14504a(a)(8)). the initial annual fees to be assessed I. List of Abbreviations Congress in SAFETEA–LU also motor carriers, motor private carriers, repealed 49 U.S.C. 14504 governing the freight forwarders, brokers and leasing The following is a list of abbreviations Single State Registration System (SSRS) companies (49 U.S.C. 14504a(d)(7)(A)). used in this document: 1 (SAFETEA–LU section 4305(a)). The FMCSA is directed to set the fees within Alabama PSC Alabama Public Service legislative history indicates that the 90 days after receiving the Board’s Commission purpose of the UCR Plan and Agreement recommendation and after notice and AMSA American Moving and Storage is both to ‘‘replace the existing outdated opportunity for public comment (49 Association system [SSRS]’’ for registration of U.S.C. 14504a(d)(7)(B)). Subsequent ATA American Trucking Associations interstate motor carrier entities with the Board Unified Carrier Registration Board of adjustments to the fees and fee brackets Directors States and to ‘‘ensure that States don’t must be adopted following the same California DMV California Department of lose current revenues derived from timelines and procedures Motor Vehicles SSRS’’ (S. Rep. 109–120, at 2 (2005)).2 (recommendation by the Board and CMV Commercial Motor Vehicle The statute provides for a 15-member review and adoption by FMCSA) after CTA California Trucking Association Board of Directors for the UCR Plan and notice and an opportunity for public CVSA Commercial Vehicle Safety Alliance Agreement (Board) to be appointed by comment (Id). As provided in 49 U.S.C. FMCSA Federal Motor Carrier Safety the Secretary of Transportation. The ‘‘ Administration 14504a(f)(1)(B): The fees shall be statute specifies that the Board should determined by [FMCSA] based upon the IFTA International Fuel Tax Agreement consist of one individual (either the IRP International Registration Plan recommendations of the [UCR] Board MCMIS Motor Carrier Management Federal Motor Carrier Safety ***.’’ The statute also directs both the Information System Administration (FMCSA) Deputy Board and FMCSA to consider several Missouri DOT Missouri Department of Administrator or another Presidential relevant factors in their respective roles Transportation appointee) from the Department of of recommending and setting the fees NAICS North American Industry Transportation; four directors (one from (49 U.S.C. 14504a(d)(7)(A), (f)(1) and Classification System each of the four FMCSA service areas), NCSTS National Conference of State (g)). Thus, FMCSA has an obligation to selected from among the chief consider independently the Board’s Transportation Specialists administrative officers of the State NPTC National Private Truck Council recommendation in light of the statutory Pennsylvania PUC Pennsylvania Public agencies responsible for administering requirements, and to make its own Utility Commission the UCR Agreement; five directors from determination of the appropriate fees RPR Registration Percentage among the professional staffs of State and fee bracket structure, including Reasonableness agencies responsible for administering modifying the Board’s recommendation, SAFETEA–LU Safe, Accountable, Flexible, the UCR Agreement, to be nominated by if necessary. Efficient Transportation Equity Act: A the National Conference of State Legacy for Users Transportation Specialists (NCSTS); and III. Statutory Requirements for the UCR SSRS Single State Registration System five directors from the motor carrier Fees TCA Truckload Carriers Association TIA Transportation Intermediaries industry, of whom at least one must be The statute specifies that fees are to be Association from a national trade association determined by FMCSA based upon the TRLA Truck Renting and Leasing representing the general motor carrier of recommendation of the Board. In Association property industry and one from a motor recommending the level of fees to be UCR Unified Carrier Registration carrier that falls within the smallest fleet assessed in any agreement year, and in UCR Agreement Unified Carrier fee bracket. The establishment of the setting the fee level, both the Board and Registration Agreement Board was announced in the Federal FMCSA shall consider the following UPS United Parcel Service Register on May 12, 2006 (71 FR 27777). factors: II. Legal Basis for the Rulemaking On July 19, 2007, FMCSA published a • Administrative costs associated notice announcing the reappointment to This rule involves an adjustment in with the UCR Plan and Agreement. the Board of the five Board members • the annual registration fees for the Whether the revenues generated in from the State agencies nominated by Unified Carrier Registration Agreement the previous year and any surplus or NCSTS (72 FR 39660). On June 30, (UCR Agreement) established by 49 shortage from that or prior years enable 2008, FMCSA published a notice U.S.C. 14504a, enacted by section the participating States to achieve the announcing the reappointment of the 4305(b) of the Safe, Accountable, revenue levels set by the Board. members from the four FMCSA service • Flexible, Efficient Transportation Equity Provisions governing fees in 49 areas to the Board (73 FR 36956). On Act: A Legacy for Users (SAFETEA–LU) U.S.C. 14504a(f)(1). January 28, 2010, (75 FR 4521) FMCSA (119 Stat. 1144, 1764 (2005)). Section 14504a states that the ‘‘Unified Carrier 3 The terms of the current members from the 1 This repeal became effective on January 1, 2008, motor carrier industry have expired, but all but one Registration Plan * * * mean[s] the in accordance with section 4305(a) of SAFETEA– continue to serve until either they are reappointed organization * * * responsible for LU and section 1537(c) of the Implementing or successors are appointed (49 U.S.C. developing, implementing, and Recommendations of the 9/11 Commission Act of 14504a(d)(1)(D)(iii) and (iv)). administering the unified carrier 2007, Public Law 110–53, 121 Stat. 266, 467 (Aug. 4 The Secretary’s functions under section 14504a ’’ 3, 2007). have been delegated to the Administrator of the registration agreement (49 U.S.C. 2 The Senate bill’s provisions were enacted ‘‘with Federal Motor Carrier Safety Administration. 49 14504a(a)(9)) (UCR Plan). The UCR modifications.’’ H.R. Rep. No. 109–203, at 1020 CFR 1.73(a)(7), as amended (71 FR 30833, May 31, Agreement developed by the UCR Plan (2005) (Conf. Rep.). 2006).

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Subsection (f)(1) provides that the fees registration year. The section also impact of the fees to industry. The charged to a motor carrier, motor private requires that States that did not Agency has chosen to discuss these carrier, or freight forwarder under the participate in SSRS in 2004, but which issues in the most relevant sections of UCR Agreement shall be based on the choose to participate in the UCR Plan, the rule, rather than in the section number of commercial motor vehicles may receive revenues not to exceed reserved for comments. owned or operated by the motor carrier, $500,000 per year. FMCSA’s interpretation of its motor private carrier, or freight Participating states are required by responsibilities under 49 U.S.C. 14504a forwarder. The statute initially defined statute to use UCR revenue ‘‘for motor in setting fees for the UCR Plan and ‘‘commercial motor vehicles’’ (CMVs) for carrier safety programs, enforcement, or Agreement is guided by the primacy the this purpose as including both self- the administration of the UCR plan and statute places on the need both to set propelled and towed vehicles (former 49 UCR agreement’’ (49 U.S.C. and to adjust the fees so that they U.S.C. 14504a(a)(1)(A) and 31101(1)). 14504a(e)(1)(B)). In addition, as ‘‘provide the revenues to which the The fees set in 2007, and applied, as permitted by statute, at least one-third States are entitled.’’ The statute links the well, in 2008 and 2009, were of the participating states use the requirement that the fees be adjusted determined on that basis. However, revenue produced by the UCR program ‘‘within a reasonable range’’ to the section 701(d)(1)(B) of the Rail Safety to provide their share of the costs of the provision of sufficient revenues to meet Improvement Act of 2008, Public Law Motor Carrier Safety Assistance Program the entitlements of the participating 110–432, Div. A, 122 Stat. 4848, 4906 (MSCAP) that is not provided by a grant States (49 U.S.C. 14504a(f)(1)(E), see (Oct. 16, 2008) amended the definition from FMCSA. The purpose of the also 49 U.S.C. 14504a(d)(7)(A)(ii)). of CMV for the purpose of setting UCR MCSAP grant program is ‘‘to improve The legislative history accompanying fees for years beginning after December commercial motor vehicle safety and the enactment of the statute in 2005 31, 2009, to mean a ‘‘self-propelled enforce commercial motor vehicle confirms this primary focus on the need vehicle described in section 31101 [of regulations, standards, or orders * * *’’ to provide the States the revenue levels title 49, United States Code]’’ (49 U.S.C. (49 U.S.C. 31102(a)). The UCR revenues set in accordance with the statute: that contribute to the MCSAP are used 14504a(a)(1)(A)(ii)). Fees charged to a States that currently participate in the broker or leasing company under the primarily for driver/vehicle inspections, SSRS and choose to participate in UCRS [sic] UCR Agreement shall be equal to the traffic enforcement, compliance would be guaranteed the revenues they smallest fee charged to a motor carrier, reviews, public education and derived from SSRS during the last fiscal year motor private carrier, and freight awareness, and data collection. A great ending prior to the enactment of this Act. forwarder. deal of the funding is used to pay state States that did not participate in SSRS but Section 14504a(f)(1) also stipulates employee salaries to conduct these opt to join UCRS [sic] would be entitled to that for the purpose of charging fees the activities. annual revenues of not more than $500,000. Board shall develop no more than 6 and (H.R. Rep. 109–203 at 1019 (2005) (Conf. Statutory Requirements for the Fees Rep.) (emphasis added)) no fewer than 4 brackets of carriers (including motor private carriers) based The FMCSA acknowledges The emphasized words support on the size of the fleet, i.e., the number stakeholders’ concerns regarding all the FMCSA’s interpretation of the statute, of CMVs owned or operated. The fee factors under the statute that should which gives primacy to providing the scale is required to be progressive in the have been considered when determining revenue entitlements to the amount of the fee. The registration fees the fees. For example, in response to the participating States in each year. for the UCR Agreement may be adjusted September 3, 2009, notice of proposed Section 14504a(h)(4) gives additional within a reasonable range on an annual rulemaking (NPRM) the American support for this interpretation. As noted basis if the revenues derived from the Trucking Associations, Inc. (ATA) and a in the comments by the Commercial fees are either insufficient to provide the number of other industry members and Vehicle Safety Alliance (CVSA), this participating States with the revenues associations assert that FMCSA has not provision explicitly requires FMCSA to they are entitled to receive or exceed considered all of the relevant factors reduce the fees for all motor carrier those revenues (49 U.S.C. under the statute in considering the fees entities in the year following any year 14504a(f)(1)(E)). that should be set for 2010 for the UCR in which the depository retains any Overall, the fees assessed under the Plan and Agreement. Specifically, ATA funds in excess of the amount necessary UCR Agreement must produce the level asserts that the Agency should have to satisfy the revenue entitlements of the of revenue established by statute. considered: (1) The state of the participating States and the UCR Plan’s Section 14504a(g) establishes the economy; (2) the effect of the fee administrative costs. No analogous revenue entitlements for States that increase on the trucking industry; (3) provision in the statute requires an choose to participate in the UCR Plan. the continuing failure of the States to increase in the fees in the following year That section provides that a audit and enforce UCR Agreement to make up for any shortfall in the participating State, which participated requirements; (4) the effect on future revenues provided by the fees. in SSRS in the registration year prior to collections of the elimination of towed In light of this context, FMCSA has the enactment of the Unified Carrier vehicles from the fleets; (5) the danger interpreted the statutory text that directs Registration Act of 2005 (i.e., the 2004 of spiraling fee increases; and (6) the that any annual adjustment be ‘‘within registration year), is entitled to receive creation of a ‘‘moral hazard’’ by a reasonable range’’ to mean that the revenues under the UCR Agreement FMCSA’s acquiescence to an increase in determination of what is reasonable equivalent to the revenues it received in the fees. However, only one of these must be made in light of the statutory 2004. Participating States that also factors is specified expressly in the objective. Whitman v. American collected intrastate registration fees statute—the effect of the elimination of Trucking Associations, Inc., 531 U.S. from interstate motor carrier entities trailers. The factors that FMCSA 457, 466 (2001) (‘‘Words that can have (whether or not they participated in believes to be relevant under the statute more than one meaning are given SSRS) are also entitled to receive are addressed in more detail below. context, however, by their revenues of this type under the UCR FMCSA will address below several surroundings.’’) and FDA v. Brown & Agreement, in an amount equivalent to comments regarding the economic Williamson Tobacco Corp., 529 U.S. the amount received in the 2004 significance of the rulemaking and the 120, 132 (2000) (‘‘[T]he meaning—or

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ambiguity—of certain words or phrases the Board submitted the 2008 recommended an adjustment to the may only become evident when placed recommendation to FMCSA, indicating annual fees (73 FR 10157). On July 11, in context.’’) Therefore, if consideration that it was ‘‘too early to ascertain 2008, the Board sent a letter to FMCSA of a factor frustrates the statutory whether the revenues collected in 2007 stating that the fees would remain the objective of providing the participating will equal or approximate the total same for 2009 as for 2007 and 2008. The States sufficient revenues, the statute revenue’’ to which the States are Board stated that ‘‘additional time to does not permit FMCSA to consider it entitled. A copy of this recommendation register entities, check that carriers as a relevant factor. is provided in this docket. As a result, registered in the correct bracket, and IV. Background on February 26, 2008 (73 FR 10157), establish effective roadside The initial UCR fees and fee structure FMCSA published correcting enforcement’’ would result in better were published by FMCSA on August amendments to the 2007 final rule, collection of revenue. A copy of this 24, 2007 (72 FR 48585), which allowed clarifying that the fees and fee structure letter is provided in this docket. The the Board to begin collecting fees (49 were established for every registration table below shows the fees and fee U.S.C. 14504a). On February 1, 2008, year unless (and until) the Board structure in place from 2007 to 2009.

TABLE 1—UCR FEES AND FEE STRUCTURE 2007 TO 2009

Fee per entity for exempt or non- Number of CMVs owned or operated by exempt or exempt motor Fee per entity for Bracket non-exempt motor carrier, motor private carrier, or carrier, motor pri- broker or leasing freight forwarder vate carrier, or company freight forwarder

B1 ...... 0–2 ...... $39 $39 B2 ...... 3–5 ...... 116 ...... B3 ...... 6–20 ...... 231 ...... B4 ...... 21–100 ...... 806 ...... B5 ...... 101–1,000 ...... 3,840 ...... B6 ...... 1,001 and above ...... 37,500 ......

From collection years 2007 to the the Board for distribution to those States following table shows the amount of present, some participating States have that have not collected enough fees to revenue shortfall for each registration achieved their revenue entitlement reach their entitlement (49 U.S.C. year, based on information provided by while others have exceeded it. In the 14504a(h)(2) and (3)). However, overall, the Board. The participating States are latter case, the excess amount is revenue collections in 2009, like the approximately 28 percent short of forwarded to a depository established by previous years, have fallen short. The collecting their revenue entitlement.

TABLE 2—UCR REGISTRATION SUMMARY 2007 TO 2009*

State revenue Entities Revenue Registration year entitlement registered received Revenue shortfall

2007 ...... $101,772,400 237,157 $73,937,310 $27,835,090 2008 ...... 107,777,060 270,794 76,617,155 31,159,905 2009 ...... 107,777,060 282,483 77,148,988 30,628,072 * Does not include estimated administrative expenses and revenue reserve that are included in the overall revenue target.

In early 2009, the Board began the Board’s chair and the chair of the sent a letter to the Secretary noting this discussions to address the shortfall in Revenue and Fees Subcommittee. After fact and asked FMCSA to proceed with the 2010 fee recommendation. On this discussion, the Subcommittee met the rulemaking process using the April February 12, 2009, the Board held a and discussed several options at the 3 recommendation. The letter from the public meeting by telephone conference May 14, 2009, Board meeting. No Board dated July 15, 2009, is available call to discuss the 2010 fees and fee consensus was reached. At the June 16, in the docket. structure. At that meeting, a motion was 2009, meeting, the Board discussed A. FMCSA Analysis of Board made to recommend a proposal that informal options developed by a Recommendation passed with a vote of 10 to 3, with one member of both the Board and the abstention. On April 3, 2009, the Board Revenue and Fees Subcommittee. The The Agency conducted its own submitted a recommendation based on Board voted to reconsider the April 3 analysis of the Board’s formal this proposal to the Secretary. The recommendation upon hearing these recommendation, as well as alternative recommendation is available in the new options, and the matter was fee proposals considered by the docket. referred back to the Subcommittee for Revenue and Fee Subcommittee of the Upon review by FMCSA, several further action. At the July 9, 2009, Board. FMCSA concluded that it could fundamental issues were identified in meeting, a vote was taken on two new not base its fee determination on the the assumptions of the April 3 options. However, both options received Board’s recommendation, and made an recommendation. To clarify the issues an equal number of votes; the Board was independent analysis of two issues in and assist the Board, FMCSA hosted a unable to reach consensus on either particular: (1) ‘‘bracket shifting,’’ i.e., conference call on April 23, 2009, with proposal. On July 15, 2009, the Board motor carriers registering in a fee

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bracket that is different from that based FMCSA also noted in the NPRM that therefore based its fee proposal on a on the fleet size reflected in MCMIS, States participating in the UCR program weighted average projected compliance and (2) the number of motor carrier sometimes have difficulty registering all rate of 86.42 percent.5 entities that could be expected to of the motor carriers that appear in the C. Bracket Shift comply with the statute and register, MCMIS database, even after certain and the related issue of the States’ level filters have been applied to identify FMCSA estimated the effects of of enforcement. FMCSA carefully motor carriers that have had recent bracket shifting and, in doing so, examined the Board’s entire fee activity and are still most likely to be recognized that carriers with different recommendation, including its active. As FMCSA noted, the reasons for fleet sizes pay different fees and that methodology and specific findings. and solutions to the level-of-compliance compliance rates vary by carrier size. FMCSA also considered the factors issues are matters of significant The Agency’s proposal takes into specified in SAFETEA–LU and utilized disagreement between the States and account the effect of increased data and analysis provided by the Board industry representatives on the Board. registration rates, due to anticipated in its fee recommendation, as well as The States have taken the position that improvements in compliance and data from other sources. Based on its low compliance is due to limitations in enforcement, on revenue collection. independent analysis, FMCSA the MCMIS data that prevent This adjustment assumed that the published an NPRM on September 3, identification of the appropriate active carriers that remain non-compliant 2009 (74 FR 45583), containing its own population, even with the use of data despite increased enforcement efforts fee proposal. filters, combined with the reluctance of would have somewhat smaller fleet some industry members to register. FMCSA’s NPRM described several sizes and the new registrants registering Industry representatives have taken the alternative fee structures for 2010. First, as a result of increased enforcement position that insufficient State it noted a proposal informally supported efforts would have larger fleet sizes. enforcement activities are to blame (74 by industry representatives on the Board Finally, FMCSA noted that, without FR 45591). FMCSA asked in particular as the basis for fees in 2010 (described any other changes, each fee would need for public comment on the reasons for in Table 4 in the NPRM (74 FR 45587)). to be adjusted to take into account the the low level of compliance and on This fee structure, like the other fee elimination of trailers from the potential solutions to determining the structure evaluated by FMCSA, reflected definition of CMV, which reduces many reasonableness of the compliance and the revised definition of CMV consisting carriers’ fleets. As the Agency noted, enforcement activities by the States, only of power units. However, it did not ‘‘even with full compliance and no including how they would support a incorporate any adjustments for bracket bracket shift, existing fees would be reasonable adjustment in the current shifting and assumed full compliance by inadequate and would have to be fees (74 FR 45591). active motor carriers based on an increased to meet each State’s revenue assumption that all 433,535 apparently B. Compliance and Enforcement requirement’’ (74 FR 45592). Therefore, after factoring in compliance active entities, as identified in MCMIS FMCSA concluded that a compliance and considered by the Board to be improvements and bracket shifting, rate of 100 percent is not feasible. FMCSA concluded that the 2009 fees active, would register to pay fees in However, the Agency did agree with the 2010. must be increased by a factor of 2.22 to concept of setting fees based on an establish the fees for 2010 proposed in FMCSA noted that experience over assumption of significantly improved the NPRM. FMCSA concluded that the 3 years of UCR’s existence, 2007– compliance and enforcement activities those fees would provide the revenues 2009, had shown that a significant by the States. Thus, the fees proposed in to which the participating States are proportion of motor carriers were the NPRM were set assuming that entitled. The Agency found that the paying fees based on fleet sizes different participating States would achieve a proposed fees were based on a from (and usually smaller than) what compliance rate of 90 percent. Because reasonable estimate of the number of would have been expected from the fleet ten non-participating States do not active motor carriers subject to the UCR sizes reported to FMCSA. The net effect receive revenues from the UCR Plan, fees; reflected the statutory change in of this bracket shifting has been a FMCSA assumed that they would have the definition of CMV; addressed significant reduction in expected less incentive to exert effort on bracket shifting; and set reasonable revenue (25.04 percent in 2008). enforcement. However, in FMCSA’s targets for compliance by the motor FMCSA concluded that bracket shifting, opinion, improved roadside carrier industry to encourage enhanced which can be appropriate under the enforcement by participating States, to enforcement efforts by the participating statute as explained in the NPRM, capture potential registrants from non- States (74 FR 45595). The proposed occurs because the available data participating States when they cross 2010 fees as shown in the NPRM are sources used to develop UCR fees and borders into participating States, would presented in Table 3. fee structure do not always accurately improve compliance rates among predict actual registrations (74 FR carriers from non-participating States to 5 This weighted average projected compliance 45589). approximately 59 percent. The Agency rate has been slightly adjusted for this final rule.

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TABLE 3—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT PROPOSED FOR REGISTRATION YEAR 2010

Fee per entity for exempt or non- Number of CMVs owned or operated by exempt or exempt motor Fee per entity for Bracket non-exempt motor carrier, motor private carrier, motor pri- broker or leasing carrier, or freight forwarder vate carrier, or company freight forwarder

B1 ...... 0–2 ...... $87 $87 B2 ...... 3–5 ...... 258 ...... B3 ...... 6–20 ...... 514 ...... B4 ...... 21–100 ...... 1,793 ...... B5 ...... 101–1,000 ...... 8,541 ...... B6 ...... 1,001 and above ...... 83,412 ......

V. Discussion of Comments on the Corporation, expressed strong support the Board did not recommend a fee NPRM for the fee proposal in the NPRM. Many increase despite revenue shortfalls. The statute established a 90-day time of the public agencies submitted One motor carrier approved of the fee period for FMCSA to set UCR fees and essentially identical comments, stating proposal because it would benefit fee structure following receipt of a that FMCSA had taken into account the owner-operators and small trucking recommendation from the Board. three key points that needed to be companies, largely due to the statutory Because of this statutory limit, FMCSA addressed for a new fee structure: (1) change in the CMV definition removing initially set the time period for public The removal of towed units for purposes trailers for UCR registration and by comment at 15 days, concluding on of determining fleet size, which by itself applying a fee from a lower bracket, would require a fee increase by a factor September 18, 2009. On September 18, even with the increased fee from that of 1.61; (2) bracket shift, resulting in an the Agency published a notice bracket. Although they did not support approximately 26 percent decrease in extending the comment period for an the fee proposal, the American Trucking revenues; and (3) the level of State additional 10 days, to September 28, Associations (ATA) and the enforcement efforts to address non- 2009 (74 FR 47912). Transportation Intermediaries compliance. These commenters argued Association (TIA) both supported the A. Number and Description of that ‘‘the net effect of ‘bracket shift’ and State revenue entitlement submitted for Commenters the exclusion of trailers have had a FMCSA approval with the Board’s FMCSA received over 150 comments much greater impact on the need for a recommendation. ATA also described ’’ on the proposed rule from a wide fee increase than has non-compliance. FMCSA’s use of MCMIS data to variety of sources. Comments (including In addition, the Alabama Public Service determine the overall motor carrier some filed late) were received from 114 Commission (Alabama PSC) commented population as ‘‘unobjectionable’’ and industry members, nearly all of whom that UCR collections and revenue had added, ‘‘The underlying data may not be registered opposition to the proposed increased each year and, considering all it should be, but anyone working in that the UCR program was only fees. In addition, 22 industry this area must begin with it.’’ celebrating its second anniversary in associations submitted comments. In September 2009, its progress to date had Response general, they also opposed the fees been ‘‘commendable.’’ proposed by FMCSA. Sixteen State Two associations, the National FMCSA continues to agree that the agencies and two State associations Conference of State Transportation statutory change in the definition of commented, nearly all in support of the Specialists (NCSTS) and the motor vehicle (a part of the population fee proposal. Commercial Vehicle Safety Alliance factor), bracket shifting, and the B. Comments Favoring the Proposal (CVSA), also supported the proposed fee registration compliance rate (the structure. CVSA stated that the proposal enforcement factor) are essential factors Comments represents the best method for reaching to consider in the fee calculation Fifteen State agencies, including the the goal of revenues equal to those methodology. FMCSA also agrees with Alabama Public Service Commission, received under the SSRS. CVSA noted ATA’s comment that MCMIS data is the Colorado Public Utilities Commission, that, despite the fee increase, the starting point for determining the Illinois Commerce Commission, Kansas carriers in the top bracket would still appropriate carrier population. Corporation Commission, Kentucky pay far less than they would have paid However, the Agency also understands Transportation Cabinet, Massachusetts under SSRS. CVSA also commented that the limitations to using MCMIS, which Department of Public Utilities, Michigan the UCR program does not allow for a is a self-reporting system that was not Public Service Commission, Missouri ‘‘revenue windfall,’’ meaning that if designed for UCR purposes. (See Department of Transportation, New revenues exceed the target, FMCSA Section V (C)(4) below for additional Mexico Public Regulation Commission, would be obligated to adjust the fees discussion.) New York State Department of downward for the following year. CVSA Finally, FMCSA also recognizes that Transportation, North Dakota stressed that the new fee structure those carriers that were subject to the Department of Transportation, needed to be issued effective no later SSRS program will generally pay less Oklahoma Corporation Commission, than November 15, 2009, to preclude under the 2010 fee structure than they Pennsylvania Public Utility additional shortfalls. Finally, CVSA did under SSRS. More importantly, the Commission, Washington Utilities and commented that the fee structure for UCR Plan cannot over-collect the fees. Transportation Commission, and the Registration Years 2008 and 2009 To the extent that it collects more than West Virginia Public Service worked to the industry’s benefit because its target revenue amount, the fees

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would be required to be reduced for number of vehicles in MCMIS and the (AMSA) strongly opposed the fee 2011 to reflect the over-collection. number of CMVs that carriers may proposal as ‘‘excessive, inappropriate lawfully include in their fleet sizes for [and] unwarranted.’’ United Parcel Consideration of Three Key Factors UCR purposes inevitably results in Service (UPS) said the proposed fees Removal of Trailers From Fee bracket shift independent of the fee represented an ‘‘unreasonable rate of Calculation calculation methodology used. increase.’’ The Truckload Carriers Comments See Section V(C)(4) below for Association (TCA) opposed the proposal additional discussion. because it would ‘‘negatively affect the Many of the State agencies that Improved State Enforcement Efforts motor carrier industry in order to supported the proposed fees filed an subsidize both non-compliant motor identically worded comment stating that Comments carriers and the states that will not put because towed units are no longer part Some State agencies commented that forth the effort to increase UCRA [UCR of the equation for purposes of they have had to identify the universe Agreement] compliance.’’ TIA called determining fleet size, this factor alone FMCSA’s analysis flawed. ATA and TIA would result in a need for the fees to of entities subject to the program and then to educate thousands of motor both faulted the NPRM for giving an increase by a factor of 1.61. The impression of ‘‘illusory precision.’’ They Missouri Department of Transportation carriers, motor private carriers, leasing companies, freight forwarders, and argued that ‘‘the unwarranted show of (Missouri DOT) said that fee adjustment accuracy covers much guesswork and was necessary to account for the change brokers that were not subject to the some arbitrary assumptions.’’ in definition of CMV, noting that SSRS but are now subject to UCR fees. Missouri could expect a 38.7 percent The commenters agreed that States will Response need to do more to improve overall decline in revenue collection from As discussed in Section III above, the companies dropping into lower brackets compliance. They noted that, under the NPRM, approximately 66,000 additional Agency has to recognize and implement as a result of the changed definition. its primary statutory mandate to enable Many industry members entities will have to be registered into States to achieve their revenue acknowledged that it would be the UCR for 2010 to achieve the revenue entitlement. Unfortunately, many of the necessary to adjust the fee in response goal, and that this will require States to comments expressing general to the statutory change to the definition improve compliance nationally by about opposition to the fee adjustment did not of CMV, but opposed any further 15 percentage points to reach the address the important issues. General adjustment. State commenters were compliance goal of 86.42 percent. statements of opposition do not present generally opposed to this limited Several of the States, such as Illinois, compelling arguments about the approach, arguing that it would cause a Massachusetts, and Michigan also Agency’s statutory mandate. Similarly, decrease in revenue. described increased enforcement and educational activities they have specific objections do not address the Response undertaken and the results they relevant statutory factors the Agency See Section V(C)(7) below for produced. must consider. A more detailed additional discussion. discussion of those contentions and Response FMCSA’s responses, follows below. Bracket Shift FMCSA is encouraged to learn of the 1. Increase Too Large Under Current Comments States’ improved enforcement efforts. Economic Conditions However, the Agency encourages more State agencies and associations argued Comments that it was necessary to account for States to register entities for UCR at the bracket shift in developing the UCR fees same time as they renew registrations One of the most common arguments because the statute allowed motor (including those for the International against the proposed fees, made by over carriers to exclude from their count of Registration Plan (IRP)), obtain one hundred commenters, including vehicles subject to UCR fees those International Fuel Tax Agreement many carriers, was that fees should not commercial vehicles not involved in (IFTA) credentials, and make excise tax be increased because the trucking interstate or international commerce filings. FMCSA urges States to work industry is suffering from the current and because UCR does not apply to closely with FMCSA Division Offices to economic downturn. Industry members certain vehicles below certain weight leverage pre-existing targeted commented that fee increases might ratings. Thus, the net effect of motor enforcement efforts, as well as to force them to lay off drivers, sell trucks, carriers shifting upward or downward improve data integrity issues, to make or even go out of business. A number of in brackets was roughly 26 percent less mass mailings and notifications more associations and individual carriers revenue than if the fleet size registered effective. Finally, FMCSA believes that complained that FMCSA failed to in MCMIS had been used to determine the success of the UCR fee program consider the condition of the economy UCR fees. The Pennsylvania PUC said depends on the Board working with and the ‘‘devastating effect’’ the fees that self-certification by carriers will States to develop outreach strategies and increase would have on the trucking ‘‘inevitably result in bracket shift,’’ and best practices for educating and industry, trucking employment and that FMCSA had properly included this registering carriers. (See the additional services and even the survival of some factor in its fees calculation. discussion in section V(C)(2)). trucking companies. AMSA commented C. Comments Opposing the Proposal that FMCSA had not appropriately Response considered the fact that household FMCSA agrees that the net effect of Comments goods movers have faced a decline in bracket shifting has had a much greater Motor carriers and associations both demand and revenue, forcing many effect on revenues than had been representing carriers submitted several such carriers to go out of business. originally anticipated. By statute, motor comments that expressed general Commenters also complained that carriers are allowed to exclude portions opposition to the fee proposal, based on shipping rates have declined of their fleets from UCR registration. a wide variety of arguments. The significantly, putting additional The inherent discrepancy between the American Moving & Storage Association economic pressure on the industry.

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ATA and TIA commented that the for one motor vehicle from $39 under percent proposed by FMCSA, noting recession has hit the trucking industry the 2007–2009 fees to $76 for 2010 is an that four of the nine non-participating far worse than many other industries. increase of only 0.045 percent, or little jurisdictions in the continental U.S. had ATA stated that for-hire truckload less than half of a tenth of one percent already achieved this level of revenue has plummeted and that for- of the average individual proprietorship registration for 2009 (VT, NJ, OR, and hire trucking employment is at its carriers’ revenue. Moreover, the $37 AZ). Alabama PSC suggested a factor of lowest level in 14 years. The California difference between the 2009 and 2010 65 to 75 percent. Trucking Association (CTA) also fees comes to less than 15 cents per day The Pennsylvania PUC stated that it opposed the fee proposal, citing for a truck used 5 days a week for 50 believes the current compliance rate is declining freight volumes, a number of weeks per year. Even if current revenue a reflection of various factors, including recently adopted regulations affecting levels have been reduced by current a potentially inaccurate carrier carriers in the State, higher diesel economic conditions, the fee increase is population number, the ability of prices, and pressures to increase fuel very small in relation to such revenues. property carriers to omit vehicles used taxes. A critical point that many solely in intrastate commerce, as well as available enforcement and compliance Response commenters ignore is that a significant portion of the $37 fee increase in the tools. Pennsylvania agreed with FMCSA FMCSA does not agree with the first bracket is due solely to the change that the compliance rate is higher for numerous commenters who asserted in the definition of a CMV. That change larger carriers. that the proposed rule represents too alone requires an increase of about 62 California Department of Motor large an increase to be considered percent, or $24. The remainder, which Vehicles (California DMV) noted that reasonable under current economic is only $13, is less than a hundredth of UCR does not require State conditions. As discussed in Section III 1 percent of industry average revenue participation. Participating States retain above, the statute does not permit per power unit, two-hundredth of 1 only that amount of the collected UCR FMCSA to consider as relevant in percent of the average revenues of an fees that equals what they previously determining whether an adjustment in individual proprietorship, or 5 cents per collected under SSRS. Thus, California ‘‘ the UCR fees is within a reasonable power unit per day. For the largest collected its entitlements in both 2008 ’’ range, any factor that frustrates the carriers this increase has an even lower and 2009 and sent $300,000 each year primary purpose of providing sufficient per-unit effect. to the UCR repository for distribution to revenues for the participating States. other States. Because, according to Current economic conditions are one 2. State Compliance and Enforcement California DMV, UCR prohibits the such factor. a. Responses to NPRM Questions on States from collecting any intrastate fees Nonetheless, FMCSA does not believe Compliance from a carrier that pays UCR fees, that the 2010 fees will have a significant California would lose over $7 million in economic impact on affected carriers.6 Question One: FMCSA requested intrastate revenues if California pursued In 2007, for example, the trucking public comment on the reasons for the all UCR-defined interstate carriers. This industry generated revenue of $228,907 low level of compliance. dynamic occurs for any State that million. With an estimated inventory of Comments exceeds its UCR revenue cap or collects 1,183,000 vehicles generating revenue, intrastate fees. Another reason for non- that total represents average revenue of The Alaska Trucking Association compliance, California DMV explained, $193,000 each.7 Under the fees for noted that, according to FMCSA, only is that ‘‘carriers do not know they are Registration Years 2007–2009, in which 28 out of 41 participating States actively non-compliant because they think they the maximum fee per motor vehicle was engage in roadside enforcement. The are intrastate. A massive compliance $39, the fee accounted for no more than commenter expressed doubt that there is effort would be required to pursue and 0.02 percent (that is, 1/50th of 1%) of any enforcement in the 10 non- convince these carriers to pay with little revenue. The 2010 fees (a maximum of participating States. Since there is no incentive for the States to do so because $76 per power unit) represent less than incentive for non-participating States to of their capped revenue amounts and about 0.04 percent (1/25th of 1%) of conduct UCR enforcement, the their loss of intrastate fees when the revenue per power unit. The increase in commenter concluded there is unlikely carriers do pay UCR.’’ fees is thus only 0.02 percent of to be any enforcement in the future in California DMV also noted that before revenues—about a fifth of a tenth of 1 those States. Therefore, the reason for UCR was enacted carriers could enter percent. This increase is very small even the current low level of compliance is information into MCMIS without fear of relative to the revenues of extremely that ‘‘if there is no reasonable consequences, since no credentials or small carriers. expectation of getting caught, there is no payments were linked to MCMIS filing Data on receipts for individual incentive to comply.’’ with respect to numbers of vehicles and proprietorships in the North American The Alabama PSC supported the 90 whether or not a carrier was interstate. Industry Classification System (NAICS percent registration compliance factor Finally, California DMV pointed to the 484—Truck Transportation)—which are and noted that ATA had erroneously weak compliance efforts of non- assumed to represent the smallest stated it in its comments as 80 percent. participating States, which may enforce carriers—show yearly revenue averaging It said that it had made progress on carriers crossing into their States, but $82,269.8 The increase of $37 in the fee working with FMCSA to improve the do little to enforce on any of their own data on potential registrants, but work intrastate carriers who meet the UCR 6 In the Regulatory Analysis and Notices section still remained to be done. It is definition of interstate. below, FMCSA complies with applicable regulatory policies to determine that this final rule is not unreasonable, Alabama PSC argued, to The Missouri DOT also said it had economically significant. That determination rests expect the States to achieve 100 percent identified a number of companies on a different standard than the statutory factors compliance when the Federal data upon within the non-compliant group that discussed in this section. which they rely are not 100 percent were operating only within the State 7 http://www.census.gov/svsd/www/services/sas/ sas_data/48/2007_NAICS48.xls. reliable. Alabama PSC would support a borders in intrastate commerce, out of 8 http://www.census.gov/econ/nonemployer/ higher registration compliance factor for business, not currently operating, non- index.html. non-participating States than the 59 compliant in one or more State motor

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programs (IFTA, IRP, Over Size/Over obviously has not done. Other issues resources to collect a small amount of Weight (OSOW), Operating Authority), raised by the commenters are addressed revenue. or placed out-of-service. However, in sections V(C)(4), V(C)(5), V(C)(6) and Kentucky noted that the State had 82 getting these changes into the MCMIS V(C)(7). percent compliance for 2008 and 87.98 system is difficult and sometimes Question Two: FMCSA requested percent compliance for 2009. However, impossible. If Missouri could exclude public comment on determining the over the past 3 years, Kentucky had a these companies the State’s compliance reasonableness of the States’ shortfall of approximately $11 million rate would be 87.5 percent. enforcement efforts. due to the new UCR program and the CVSA cited two reasons for the need to educate motor carriers about the expected revenue shortfall, the Comments new registration program. prospective change in definition of CMV The Alaska Trucking Association Response and bracket shift, and argued that lack stated that ‘‘at the least’’ a participating of enforcement by the States was not a State should demonstrate an ongoing FMCSA notes that State agencies major cause of the shortfall. CVSA effort to register and collect fees, both generally support the proposed contended that the States have stepped administratively and through compliance rates. However, some up efforts to enforce the program; and, enforcement. The commenter also said expressed concern that the lower rate of as of September 2009, the compliance that non-participating States need to 59 percent compliance for non- rate had reached 72 percent. CVSA have some incentive to perform participating States would not be noted that early in the program’s life an enforcement. adequate and would favor an increase. outreach effort was necessary to inform Several States described their current FMCSA agrees with State comments carriers that were not required to pay efforts to improve enforcement. They that the difficulty in obtaining UCR under SSRS that they were covered by included assisting each other to reach compliance is a reflection of various UCR. In addition, CVSA said it was the collective registration compliance factors, such as the ability of carriers to important to note that UCR does not goals by developing a communication omit CMVs for various reasons, lack of have an enforcement mandate and as a system to alert each State of new a requirement for States to participate in result no nationwide enforcement concerns and sharing ‘‘best practices.’’ UCR, the difficulty of obtaining standard has been promulgated in The Illinois Commerce Commission compliance from non-participating rulemaking. In addition, there is no noted that the State had fulfilled its States, and the lack of a requirement for statutory requirement for a UCR commitments in the UCR State the UCR entity to carry a credential. credential to be carried on board trucks. Participation Agreement, registering Absent statutory changes that would CVSA also noted that inaccurate 17,523 carriers and achieving a 90 address these issues, FMCSA believes information in the carrier population percent registration percentage of all that compliance by carriers from non- database had impeded collection efforts. ‘‘UCR universe’’ carriers in Federal participating States will continue to be Lists of carriers obtained from MCMIS database records, and issuing over 1,000 problematic and, therefore, the Agency were not current and in some cases led citations in the past 12 months. is not increasing its estimate of the non- to a 25 percent or greater return rate for Massachusetts reported that for the past participating State compliance rate. registration fee notices. States have had 3 years it had conducted focused to purge the lists of carriers that no b. Comments on Inadequate State enforcement events with the longer exist. Compliance and Enforcement Efforts Massachusetts State Police, and had Several other comments addressed Comments compliance and how to improve it. One worked with FMCSA on data integrity pointed out that Connecticut and New issues. The Pennsylvania PUC argued A number of commenters opposed Hampshire are requiring proof of UCR that any attempt to increase the increasing UCR registration fees, compliance to renew a registration or compliance rate should recognize the alleging that the States have not obtain IFTA credentials. economic realities of enforcement undertaken adequate enforcement among the small fleet carrier measures to ensure compliance. A Response population. number of commenters stated that fees FMCSA specifically takes issue with California DMV recommended three should be raised only after the States California DMV’s assertion that it has a actions that would require a legislative have achieved adequate compliance. net loss of $5 million because UCR change to the UCR Agreement. It also ATA and TIA commented that neither prohibits the States from collecting any suggested a fourth, altering the FMCSA nor NCSTS has recognized how intrastate fees from a carrier that pays definition of ‘‘interstate carrier’’ to match significantly non-compliance has UCR fees. In FMCSA’s view, this loss of the IRP definition (which it believed contributed to revenue shortfalls, revenue occurs because of the stand- would not require a statutory change) alleging that 19 participating States have alone preemption provisions of 49 and using the IRP database to calculate not registered at least three-quarters of U.S.C. 14504a(c) that are not linked to the UCR fee structure. the carriers based within their borders. registration and payment of fees to the Missouri argued that using a ATA and TIA further commented that UCR Plan and Agreement. In other compliance rate based on the number of non-compliance or evasion is likely a words, section 14504a(c)(1) precludes companies registered is not the correct major cause of bracket shift, but because any State requirement for payment by compliance tool to use. Missouri’s States have not performed any audits, it interstate motor carriers and interstate current 79.6 percent compliance rate is unclear. Another commenter said that motor private carriers (as defined there) accomplishes a collection rate of 90.7 FMCSA had erred in treating bracket of any of the fees there specified. It percent of the fees that the State shift and non-compliance as separate seems that California would lose these believes should be collected under the subjects. The commenter argued that revenues regardless of the payment by program in the State. In addition, 54 enforcement of accurate carrier those carriers of UCR fees; otherwise, percent of Missouri’s non-filers are in registration would have a significant California could rectify this situation by bracket 1 or bracket 2. Without a change impact on the amount of fees collected. withdrawing from the UCR Plan under in the compliance measure, the State ATA and TIA said that FMCSA had 49 U.S.C. 14504a(e)(3) and (4), which it could be required to spend more in set an arbitrary and capricious standard

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for State enforcement efforts in that for the first 10 months of 2009, 42 should improve compliance by motor developing the proposed fees. ATA and States have issued 21,223 citations to carriers and other entities from non- TIA said that FMCSA made ‘‘a great motor carrier entities for not registering participating States. Regardless, this show’’ of including a compliance factor, with the UCR Plan. This is a significant only captures those carriers that operate but this must be discounted heavily improvement over the 7,995 citations CMVs into participating States. because the fees proposed by the NPRM issued by 33 States during the entire Participating States are very limited in are almost exactly the same as those previous year of 2008. This is clear their ability to capture interstate carriers recommended to the Secretary in evidence of an increased level of based in non-participating States that do February, 2009. The TCA argued that, enforcement activity by the States, and not carry property or passengers into a although 100 percent compliance was compliance by motor carrier entities has participating State. As CVSA noted in unlikely, it should be the goal of the improved accordingly. its comments, industry cooperation, program and that there should be no However, the data also show some such as publication of information in increase until the States make a good disparity in the level of activity by the the trade press about UCR, is vital to the faith effort to register non-compliant various States, including a few success of the UCR program, and could entities. participating States that are apparently assist in increasing compliance by One commenter urged greater not issuing roadside citations to entities in the non-participating States. emphasis on ticketing or fining non- unregistered motor carriers and other The 2010 fee structure adopted here compliant carriers when discovered in entities. For that reason, the Agency’s requires participating States to increase roadside or scale inspections. Another fee proposal reflects an expectation that compliance rates for motor carrier said that UCR registration should be the participating States as a whole will entities based in non-participating made part of the annual vehicle need to register 90 percent (not 80 States in order to achieve the revenue registration, like the Heavy Vehicle Use percent, as incorrectly stated by ATA) of entitlements. Nonetheless, two factors Tax, and should require proof of the entities required to register in those must be addressed (the change in compliance before the vehicle can be States in order for the revenue definition of vehicle and bracket shift) registered. entitlements to be achieved. To meet that are and will be the primary reasons The National Private Truck Council that level, FMCSA believes that all of for UCR Agreement revenue shortfalls, (NPTC) and the Truck Renting and the participating States must, and will, and not lack of compliance. Leasing Association (TRALA) faulted increase enforcement activities. This the Board and FMCSA for not includes roadside enforcement and 3. Increased Fees Should Not Fall on developing audit procedures. The audits, as well as outreach activity with Compliant Entities/Fees Unfair Louisiana Motor Transport Association the essential support of the industry, to Comments (LMTA) complained that States were make sure that all motor carrier entities Many commenters, including not required to demonstrate that they subject to the UCR registration numerous individuals and carriers, could effectively and efficiently requirements are aware of and comply stated that raising the fees as proposed administer the program as a condition of with them. participation. LMTA suggested that The situation in the non-participating is unfair because it increases the burden States must first make all efforts to States, however, is more complex. As on compliant carriers to the non- collect outstanding revenue prior to indicated in the NPRM, those 10 States compliant carriers’ benefit. The requesting an increase in fees. The cannot receive revenues from the UCR Minnesota Trucking Association Specialized Carriers & Rigging Plan and thus have no apparent commented that increasing fees only for Association (SC&RA) also commented financial incentive to conduct the compliant carriers raised basic that the States have not done a good job enforcement within their jurisdictions.9 questions of fairness and not only of enforcement, with 19 of the UCR Several commenters urged the UCR Plan rewards bad behavior, but also creates a States and all 12 of the non- and FMCSA to take steps to improve competitive advantage for the offenders participating States failing to require compliance by motor carrier entities in in terms of liquidity and cash flow. registration and payment of the fees. the non-participating States. Some commenters stated that companies that are not complying with Response FMCSA has no direct authority to enforce UCR compliance, and the UCR are using the money saved to FMCSA agrees that State enforcement participating States are limited in their help maintain positive cash flow, while activities, and the levels of compliance ability to enforce against carriers based those in compliance are suffering. The with UCR registration requirements by in non-participating jurisdictions.10 California DMV commented that the the motor carrier industry, directly That said, increasing roadside fees must apply to all with a reasonable affect the States’ revenue, and are enforcement efforts (as described above) expectation of compliance. ATA and therefore relevant factors for TIA said that the failure of the States to consideration. The Agency’s proposal, 9 Data available to FMCSA from MCMIS, if enforce UCR Agreement requirements is as set out in the NPRM, clearly expects correct, shows that a few non-participating States the major reason for its opposition to the an increase in the level of enforcement are issuing a very small number of citations and, proposed fee increases. The absence of in order to produce an increase in presumably, collecting fines for not registering with serious State enforcement efforts, in the UCR Plan, even though it is not entirely clear compliance (74 FR at 45592–93). The that non-participating States have authority to issue particular the lack of State audits of Agency recognizes that participating them. Cf. 49 U.S.C. 14504a(i)(4). UCR Agreement compliance, calls into States have made improvements in 10 Hawaii is one of the ten non-participating serious question FMCSA’s asserted basis collection rates as enforcement activity States. However, section 701(d)(1)(C) of the Rail for the increases. The Alaska Trucking Safety Improvement Act of 2008, Public Law 110– has increased. Based on the State 432, Div. A, 122 Stat. 4848, 4906 (Oct. 16, 2008) Association commented that, by reports at the Board meetings and data amended the statute so that Hawaiian motor carriers accepting the premise that it was available in MCMIS, FMCSA believes not transporting household goods (which number ‘‘unreasonable to expect the States to that the States have been making a only a few hundred) are not required to register register and collect fees from all ‘‘ ’’ with the UCR Plan. 49 U.S.C. 13504 and ’’ good faith effort to address 14504a(a)(5)(A)(ii). This will further reduce the potential registrants, both the Board compliance and enforcement issues. number of entities from non-participating States and FMCSA have endorsed a The most recent data from MCMIS show that will register. fundamentally unfair fee structure that

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will cause more and more potential the compliance rate (calculated as the TABLE 4—UCR REGISTRATION COM- registrants to become non-compliant. number of carriers registered under the PLIANCE RATES—2008 REGISTRA- The Alaska Trucking Association UCR plan divided by the total number TION YEAR—Continued recommended no fee increase until the of carriers that should potentially States make a solid commitment to register) is not synonymous with the As of March As of enforce registration and the payment of actual revenue collection rate 2009 September fees. Similar arguments were made by (calculated as the actual revenue 2009 the Snack Foods Association and collected divided by the targeted AMSA, which expressed concern that Participating revenue amount). The FMCSA’s States ...... 66.28% 74.14% the unprecedented large increase in fees Registration Percentage Reasonableness All States ...... 62.51% 69.48% will result in increased non-compliance. (RPR) factor is a reasonable compliance Some commenters, in addition to target, Pennsylvania stated; and FMCSA Registration totals for both categories those who stressed the unfairness of ‘‘reasonably approximated the effect of of all States and all participating States assessing fees against the compliant the increased compliance goal on include registrations by Canadian and carriers to the benefit of the targeted revenue.’’ Mexican carriers. noncompliant carriers, raised other Response Although these data show a continued fairness issues. One truck operator increase in compliance with UCR argued he should not be required to pay FMCSA does not agree that the 2010 registration requirements by the motor higher fees because trailers were no fee structure unfairly burdens compliant carrier industry, further improvement is longer counted toward the fees assessed carriers. In developing the fees proposed essential to address the fairness other companies. Another said that in the NPRM, FMCSA determined that concerns of the commenters. As removing the fees for trailers is not a the levels of both State enforcement and proposed in the NPRM, the 2010 fee tradeoff and that smaller carriers will carrier compliance are relevant factors structure depends on the States end up paying more than twice as to consider because they directly affect registering 374,200 motor carrier entities much. The American Bus Association States’ ability to achieve their revenue to achieve the required revenue levels disagreed with FMCSA that the entitlement. Although the Board’s under the statute (see Table 13, 74 FR proposal in the NPRM is a compromise recommended fees were based on the 45593). As adjusted below, the States fair to all parties. The doubling of fees, population of previously compliant will need to register 370,664 entities or by itself, makes the proposal unfair, but carriers, FMCSA specifically rejected a weighted average of 85.50 percent in the disproportionate effect on the this approach. Under the 2010 fee all States (including Canadian and compliant carriers also makes it unjust. structure FMCSA proposed, the Plan Mexican carriers) in order to achieve the Two California truckers noted that will not reach the overall revenue target none of California’s neighboring States revenue levels expected. In FMCSA’s unless the States improve compliance view, a fee structure based on participate in the UCR program and that by increasing enforcement efforts and no agency in those States enforces compliance rates of 90 percent in the registering a significantly greater participating States and 59 percent in enrollment by interstate truckers, number of unregistered carriers. placing California carriers at a the non-participating States is Furthermore, the data show that aggressive but fair and balanced. competitive disadvantage. Additional compliance has improved with each fee increases will only increase this In any case, lack of enforcement is not year that the UCR Agreement has been the sole reason the participating States disadvantage, they said. One of these in effect, as shown in Table 2 in the commenters also noted that because have failed to achieve their revenue NPRM (74 FR 45586). New data made entitlements. As explained in the California already recoups its UCR available to the Agency since the NRPM Agreement entitlement, all additional NPRM, the Agency believes that the was published show that registrations most significant cause of past revenue fees received are distributed to States have increased to 276,286 carriers for with shortfalls and do not benefit shortfalls is bracket shifting. This means 2007, 299,908 carriers for 2008, and that even if the States achieved 100 California carriers. The CTA echoed 314,456 carriers for 2009, all comments critical of California’s percent compliance at 2009 fee levels, improvements over the registration they would nonetheless experience a participation in the program, arguing levels shown in Table 2 of the NPRM. that States meeting revenue goals revenue shortfall warranting a fee Recent enforcement activity has should not be punished. The CTA adjustment. apparently captured entities that should commented that California carriers have registered in previous years as well 4. FMCSA’s Analysis of Bracket Shifting would experience a net loss from the as the current year. More recent data Inadequate fees proposed due to potential job losses also show a clear improvement in and a decrease in freight movement. Comments compliance rates. Compliance rates for Any increase of UCR fees ‘‘to account for Many industry commenters disagreed 2008 registrations in both participating other states’ safety program funding with FMCSA’s treatment of bracket and nonparticipating States, as of March shortfall adds another layer to an shifting. Most of the comments echoed and September 2009, are shown in the already unlevel playing field.’’ objections ATA articulated in its table below. The comments from the States comments. ATA identified what it indicated that compliance has been believed are the five causes of bracket TABLE 4—UCR REGISTRATION COM- increasing as enforcement activity has shifting: increased. NCSTS, joined by several PLIANCE RATES—2008 REGISTRA- 1. The MCMIS data on a carrier may participating States, reported that TION YEAR be erroneous, and the carrier registration for 2009 had increased to legitimately pays fees at a level different 307,767 carriers. Alabama PSC claimed As of than the recorded data would predict; As of March September that 2009 registrations had increased to 2009 2009 2. The carrier chooses under the Act ‘‘over 310,000.’’ In addition, the to base its fee calculation on the actual Pennsylvania PUC and Missouri DOT Non-Partici- number of vehicles it operated during both noted that FMCSA was correct that pating States 40.45% 42.22% the preceding year instead of the

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number it reported to FMCSA, and the result of mistake or fraud, stating revenue yields by bracket used to therefore falls into a different bracket; that Alabama’s initial efforts at auditing develop the analysis presented to the 3. The carrier operates some of its carriers had uncovered ‘‘no evidence of Board and utilized by FMCSA in vehicles solely in intrastate commerce, fraud or mistake.’’ Alabama PSC also developing the fees; FMCSA does not. excludes these from its fleet count, as is challenged ATA’s claim that the States No industry representative on the Board permitted by the Act, and pays less than had not yet performed any audits of challenged the accuracy of the data on expected; bracket shifting, noting that ATA and the revenue effect of bracket shifting 4. The carrier is legitimately confused other industry representatives voted shown in Table 8 in the NPRM when it about the requirements of the Act, and against a recent Board resolution was presented at Board meetings earlier excludes trailing equipment or requiring carriers that remove vehicles this year. equipment operated in interstate from their fleet count to maintain a The data from MCMIS, despite commerce but solely within a single vehicle-specific list so that States may apparent inadequacies, are the only data state; and conduct accurate audits of bracket source available for developing the UCR 5. The carrier cheats, and knowingly shifting. Alabama PSC concluded that fees and fee structure. As even ATA pays less than it owes. the vast majority of bracket shifting acknowledged: ‘‘The agency’s analysis of According to ATA, the fourth and appears to be legitimate and that it the overall motor carrier population is fifth causes of bracket shift listed above would be unreasonable not to include it unobjectionable. The underlying data reflect noncompliance and are very as a factor in the 2010 fees, with a may not be all it should be, but anyone likely major causes of the States’ reasonable adjustment to the factor to working in this area must begin with it.’’ revenue shortfalls. However, ATA account for mistake or fraud. The MCMIS data base was not designed acknowledges that it is currently Some commenters criticized the use for and was not intended for use as a impossible to know what proportion of of FMCSA’s MCMIS data base as the source for designing and then collecting the reported 25 percent revenue loss source of the carrier population, stating the fees for the UCR Plan and constitutes non-compliance, because no that faulty data are one potential cause Agreement. Nonetheless, FMCSA has States have yet performed any audits. of bracket shifting. The TRLA and the made the data available for use by the ATA also criticized FMCSA’s NPTC both said that MCMIS is UCR Plan and the participating States, ‘‘unquestioning acceptance’’ of the ‘‘fundamentally flawed’’ because there is at their request, because, as ATA points analysis of bracket shift made available no mechanism for purging the system of out, it is probably the best source that to the Board and said that the Agency entities that have gone out of business, is available. The implementation of the should not accept this ‘‘superficial’’ merged, consolidated, filed bankruptcy, UCR Plan and Agreement has had the analysis without some verification. or simply disappeared from regulatory ATA also pointed out that inclusion benefit (along with other considerations) oversight. They, along with other of leading FMCSA to implement of trailers and other towed vehicles in commenters, also faulted FMCSA for procedures to improve the accuracy, the UCR program led to a great deal of having no systematic mechanism for reliability and timeliness of the motor confusion on the part of motor carriers verifying and correcting the data carrier data in MCMIS. A few when they had to calculate the size of submitted by the registrants, although commenters also noted that the their fleets, and led many to underpay they acknowledged the efforts of some reliability of the MCMIS data used in by mistake what they owed. ATA stated States to clean up MCMIS data. RTLA the implementation and administration that this aspect of the administration of and NPTC said that data quality issues of the UCR Plan’s registration has the program should not be ignored. have made it ‘‘problematic at best’’ to improved over time. Several commenters agreed with determine an appropriate fee schedule FMCSA that bracket shifting is a that would generate the amount of Nonetheless, the motor carrier significant contributor to revenue revenue allowed by the UCR Act. The information contained in MCMIS, as shortfalls, but disagreed that it was California DMV commented ‘‘the self-reported by carriers filing and appropriate to adjust the fees to MCMIS data is not a good benchmark to updating information on a form MCS– compensate for it. The Snack Food calculate the UCR fees.’’ Finally, a 150, is not the sole basis under the Association commented that MCMIS carrier commented that the States statute for determining the appropriate data do not always predict actual should be provided accurate fees to be paid by a carrier registering registrations and that a large number of information of the number of interstate with the UCR Plan. As explained in carriers are intentionally under- carriers from their State and then be detail in the NPRM, the statute permits reporting their fleet sizes. required to obtain compliance of at least carriers to register under a different fleet UPS expressed concern at ‘‘the almost 90 percent if they are to participate. size than that which is reported in total absence of any type of review of MCMIS (74 FR 45589–90). the appropriateness of’’ bracket shifting. Response Generally FMCSA agrees with ATA UPS also commented that bracket FMCSA believes that bracket shifting and other commenters that there are a shifting may be due to the fact that has been a significant factor in causing number of reasons for bracket shifting, many industry members do not the overall revenue shortfall. As some lawful and some not. However, understand that the definition of explained in the NPRM, bracket shifting ATA did not identify all of the interstate transportation for UCR has caused a significant portion of the legitimate reasons for which a motor registration purposes is ‘‘significantly revenue shortfall in Registration Years carrier may shift to a bracket different different than the interpretation in most 2007–2009. The shortfalls have occurred than that indicated by the MCMIS states which hold that the vehicle not because motor carriers are not always database. For example, motor carriers the cargo or passengers must cross state required to use the number of CMVs may also exclude from their fleets lines.’’ As a result, UPS strongly reported to FMCSA and incorporated vehicles under lease for terms of 30 days disagrees with FMCSA’s (and most into MCMIS as the number of CMVs or less. Moreover, motor carriers may States’) acceptance of self-reported used to determine the applicable fee for add CMVs to their fleets for the purpose figures. UCR registration (74 FR 45589–90). of UCR registration, and, as indicated in Alabama PSC challenged ATA’s Only the participating States have the NPRM, hundreds of carriers suggestion that bracket shift could be access to the underlying data on apparently did so.

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FMCSA agrees that many motor If industry’s supposition that bracket option of selectively enforcing Federal carriers subject to the UCR Plan and shifting will diminish with the removal law. According to UPS, non- Agreement do not fully understand their of towed CMVs from the fleets proves to participating States should not be rights and responsibilities with respect be true to such an extent that revenues allowed to use the lack of revenue as an to fees. Comments indicate that some collected under the UCR Plan and excuse for not enforcing the program. motor carriers may not understand that Agreement, despite FMCSA’s estimate UPS argued in favor of using the total there are legitimate reasons for adjusting that revenue loss due to bracket shifting population, without any reductions, as the number of vehicles in their fleets for will fall to 15%, the statute requires the the basis for the fee calculation. That a the purpose of registering with the UCR Board and FMCSA to reduce the fees significant number have not registered Plan. One motor carrier, for example, accordingly in the following year (49 ‘‘is not a justification for accepting this complained about having to pay a fee U.S.C. 14504a(h)(4)). non-compliance,’’ in UPS’ opinion, and based on 148 power units when only 28 ‘‘is evidence of the lack of effective were used in interstate movements, 5. Compliance Rates Likely To Decline enforcement of the UCR by the states.’’ while the rest were used to transport Comments Response seasonal agricultural products within Some commenters, including ATA California. By statute, this carrier ‘‘may FMCSA disagrees that the final rule and TIA, argued that sharply increased will create a moral hazard or other elect not to include commercial motor UCR Agreement fees would increase vehicles used exclusively in the incentive for States not to enforce the noncompliance, creating a future spiral UCR program against eligible entities. intrastate transportation of property of State revenue shortfalls and requests ***’’ (49 U.S.C. 14504a(f)(3)). This Despite characterizations to the for yet higher fees. The Snack Food contrary, FMCSA’s proposal does not commenter did not explain why it Association said that placing almost the would not make such an election, which mirror or substantially adopt the Board’s entire burden of a solution on compliant proposal. FMCSA did not believe that would reduce its fee from $8,541 to carriers was unfair and that it was likely $1,793 under the proposal in the NPRM. the Board’s proposal took into account that a fee increase of this magnitude the need for increased State Nevertheless, this is but one example of would decrease compliance rates. the many legitimate opportunities for a enforcement efforts, among other things. carrier to shift to a different UCR fee Response As a result, FMCSA proposed a different fee structure that factored in an average bracket. FMCSA has no evidence to conclude ATA does not support with any compliance rate of 86.4 percent, which that this final rule will increase non- has been slightly adjusted to 85.5 evidence its statement that registrations compliance and create future spirals of with improper bracket shifting ‘‘are very percent in this final rule. This is a revenue shortfalls and increased fees. significant increase over the compliance likely major causes of the states’ State revenue collection for Registration revenue shortfalls.’’ On the other hand, rate for registration years 2007—2009, as Year 2010 will depend not only on the well as the compliance rate the Alabama PSC reports in its fees published in this final rule, but also ‘‘ incorporated into the Board’s April 3, comments that: Alabama’s initial on States increasing their enforcement efforts at auditing carriers have 2009, proposal. FMCSA believes that efforts. Given the incentive for greater the fee structure incorporated in this uncovered no evidence of fraud or enforcement built into this rule, there is mistake.’’ ATA also implies that the final rule sets realistic compliance goals no basis to conclude that higher fees that require States to improve their change removing towed vehicles from will result in greater non-compliance. In the CMV definition will reduce the enforcement efforts in order to reach the fact, the opposite is true. States have amount of bracket shifting. statutory entitlement amounts. every incentive to improve enforcement On the other hand, as the example As explained above, the statute only discussed above shows, there are still so that they can achieve the full authorizes FMCSA to set fees. Clearly, numerous situations that would allow a amounts to which they are entitled. FMCSA can create incentives for motor carrier to adjust its fleet size for Finally, the Agency will be observing enforcement, as it has in this final rule, UCR registration purposes, even when the Board’s and the States’ enforcement by setting fees that require increased only power units are considered. and audit activities closely. Future State enforcement efforts in order for FMCSA agrees that the removal of revenue shortfalls do not in and of participating States to reach their trailers and other towed vehicles from themselves guarantee fee increases. entitlement levels. the definition of commercial motor 6. Problem of Moral Hazard/Self- FMCSA believes that participating vehicles for the purpose of determining Fulfilling Prophecy States can improve the number of the number of such vehicles owned and registrations by targeting carriers Comments operated may lessen, but will not through roadside enforcement efforts, eliminate, bracket shifting. As indicated ATA, TIA, and YRC Worldwide especially at State border crossings, and in the NPRM, and in the discussion commented that, by mirroring the mailing campaigns. Still, FMCSA above, there are numerous legitimate Board’s proposal, FMCSA’s proposal recognizes that participating States’ grounds for a registering motor carrier or would create a moral hazard by opportunities for extra-jurisdictional freight forwarder to rely on in making signaling to States that they do not need enforcement are inherently limited. A such adjustments. Therefore, in the to exert any enforcement efforts. UPS number of carriers transporting goods or Agency’s judgment, it would be disagreed with FMCSA’s division of the people in interstate commerce might reasonable to incorporate into the discussion of enforcement into never leave their home States. There is adjustment of the fees for 2010 an participating and non-participating very little that participating States can estimate that bracket shifting will States. According to UPS, because UCR do in these circumstances, except produce a reduction of 15% in the is a safety program, enforcement should undertaking outreach efforts. FMCSA revenues that would be expected from not be optional for States. UPS also has attempted to balance the realities of the number of CMVs reflected in the commented that revenue should not be these limitations with its statutory MCMIS data base. This is a change from the incentive for safety enforcement. directive to set fees so that States the estimated revenue reduction of UPS has very serious concerns about receive their entitlement revenue approximately 25% used in the NPRM. allowing any State or group of States the amounts.

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7. Fee Increase in Response to Change Response Registration Years 2007–2009 without to CMV Definition receiving any negative comments. Although many commenters contend Nonetheless, FMCSA has decided to Comments that FMCSA has an implied duty to remove the revenue reserve component A minority of commenters from balance State and industry interests, from the fee calculations in the final industry and a few industry associations none have cited legal authority to rule. After 3 years of experience opposed any increase in the fees, even support this position. In many respects, administering the fees, FMCSA believes that portion of the increase required to the specific language of the statute that the initial uncertainties prompting reflect the change in the statute defining restricts, rather than expands, the inclusion of a revenue reserve have ‘‘commercial motor vehicle’’ for UCR Agency’s discretion. As explained diminished. Both FMCSA and the Plan purposes beginning in 2010. However, a above, FMCSA may balance State and have a greater understanding of the substantial proportion of the motor industry interests only to the extent that factors that have caused under- carrier commenters, following the lead doing so does not frustrate its statutory collection (such as population of ATA, and all of the comments on obligation to set fees that enable States definition, compliance rates and bracket behalf of State interests, agreed that to achieve their revenue entitlements. shifting) and have adjusted the final rule some increase in the fees is necessary (See Section III, above.) accordingly. As a result, the Plan should because of that statutory change. Two b. Eliminate Administrative Costs and face significantly less uncertainty, commenters stated that the industry Reserve From the Calculation negating the need for the revenue understands that a fee adjustment is reserve. This final rule removes the Comments necessary to accommodate the revenue reserve from the amount of the elimination of trailers from the fee Alaska Trucking Association objected total revenue entitlement, which has calculation, and that ‘‘Table 4 in the to including $5 million for been adjusted to $112,777,060 from the NPRM would be acceptable to most in administrative expenses under the $113,340,945 proposed in the NPRM (74 the trucking industry.’’ Several trucking current economic conditions. An FR 45588). associations also stated that they would individual trucker echoed this c. ‘‘Reasonable’’ Fee Required by Statute accept the fees in Table 4 of the NPRM objection. ATA and TIA objected to that reflected only the change in the including both $5 million for Comments definition. ATA and TIA also administrative expenses and the Several trucking associations and commented that the exclusion of towed $563,885 revenue reserve. ATA said that carriers, citing 49 U.S.C. 14504a(f)(1)(E), units from the definition of CMV should the reserve fund request is unsupported argued that the law requires UCR fees to eliminate some confusion among motor by statute, and the concept ‘‘belies the be adjusted ‘‘within a reasonable range’’ carriers and result in some revenue gain. assumed precision that underlies the and that the proposed increase is not Response rest of the fee proposal.’’ Minnesota ‘‘reasonable.’’ These commenters Trucking Association commented that included ATA, TIA, UPS, the American FMCSA does not agree that the 2010 there is no economic justification for fee adjustment should take into account Bus Association, the Snack Food including administrative expenses and a Association, the United Motorcoach only the statutory change to the revenue reserve. definition of CMV. As explained Association, and National Tank Truck previously, the statute requires FMCSA Response Carriers. Some asserted that, given the to set the fees at a level that will provide state of the economy, the increase FMCSA disagrees with the the States their revenue entitlements. In proposed by the NPRM is not commenters who contend that including order to discharge its statutory duties, reasonable; others pointed to the size of administrative costs in the fee FMCSA must also take into account the the proposed increase as unreasonable. calculation is inappropriate. In setting realities of bracket shifting and a The TRLA and the NPTC also opposed the fees, the statute directs FMCSA to reasonable compliance rate. These two the proposed fees as unreasonable and consider administrative costs associated factors, especially bracket shifting, have in violation of § 14504a(e)(1)(B). In with the UCR Plan and Agreement (49 been, in FMCSA’s view, the cause of the addition, they argued that the State U.S.C. 14504a(d)(7)(A)(i)). Considering revenue shortfalls, and must be taken recipients of UCR fee revenues have not this statutory obligation, FMCSA into account as well in setting the fees demonstrated that they are in believes it is not only reasonable, but for 2010. A fee level that only takes into compliance with the requirement in the imperative, to include these costs in the account the statutory change would not UCR Act that they use an amount fee calculation. The amount of the enable the participating States to reach equivalent to the UCR revenues on estimated administrative costs was their statutorily mandated revenues. motor carrier safety programs, approved by the UCR Plan’s board of enforcement, or administration of the 8. Other Arguments Against Fee directors, and FMCSA does not see any UCR program, citing § 14504a(e)(1)(B). Proposals basis for rejecting that recommendation. The NPTC added that private motor a. FMCSA Did Not Balance All Factors Although FMCSA is not statutorily carriers did not pay into the SSRS, but Appropriately obligated to include a revenue reserve in they agreed to pay UCR fees on the the fee calculation, the Agency grounds that the revenue would be used Comments nonetheless believes it is within its solely for motor carrier safety ATA and TIA commented that by not discretion to include this amount if it is enforcement. NPTC said that, without granting the Board sole discretion to set necessary to fulfill its statutory an audit of the use of UCR revenue by fees, Federal law implies that FMCSA is obligations. This amount was designed the States, any increase in fees above to exercise some discretion and balance to account for any uncertainties that necessary to meet the changed the interests of the participating States involved in the fee calculation to ensure definition of CMV is inherently with the interests of the industry that the States are able to achieve their unreasonable. The Snack Food members. ATA and TIA argued that entitlement revenue levels. In fact, Association also argued that the there is no indication in the NPRM that FMCSA included a 0.5 percent revenue doubling of fees did not meet the the Agency has done this. reserve as a component of the fees for ‘‘reasonable range’’ test, especially given

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the ‘‘extreme economic pressures’’ facing is clear the motor carrier industry is properly applied the principle of the for-hire carrier industry. The moving out of the current recession. progressivity required by the Act so that American Bus Association also California U-Haul commented the fees the per-vehicle fees at the bottom of commented that FMCSA had merely should remain consistent with prior each bracket are substantially equivalent ‘‘rubber-stamped’’ the Board’s request years, suggesting that an increased across the fee structure. However, other ‘‘in the mistaken belief that it must emphasis on enforcement would result commenters criticized the bracket approve any request,’’ and questioned in increased revenue. structure. One commenter argued that whether the Agency had fulfilled its the fees should be assessed on a per- Response duty to determine the reasonableness of power-unit basis instead of using a Board adjustment recommendation. FMCSA does not agree that the 2010 brackets. fees should remain the same as the fees A few commenters addressed the Response set for Registration Years 2007–2009. break point between the first two FMCSA does not agree that the 2010 FMCSA has a statutory duty to enable brackets. Both the Minnesota Trucking UCR fees are unreasonable. FMCSA has States to achieve their revenue Association and the Missouri DOT interpreted the statutory text that directs entitlements and does not believe that supported changing bracket 1 from 0–2 that any annual adjustment be ‘‘within setting 2010 fees at current levels is to 0–1 and bracket 2 from 3–5 to 2–5, a reasonable range’’ to mean that the consistent with that duty. As explained as recommended by the Board. This determination of what is reasonable above, the Agency believes that the 2010 would keep more companies in the must be made in the context of its fees must take into account the change same tier category as previously and obligation to enable States to receive to the definition of CMV, bracket minimize the revenue loss. Another their statutorily mandated revenues. As shifting and compliance rates. commenter said FMCSA should explained in Section III, above, factors reconsider whether the lowest bracket e. Partial Increase Associated With should break at one or two power units. that frustrate the statutory objective of Increased Enforcement providing the participating States their It cited a decision by the Board that a entitled revenues are not consistent Comments business operating one power unit is with FMCSA’s statutory directive. FMCSA received several comments significantly different from one that FMCSA disagrees that it has ‘‘rubber- requesting that the Agency modify the operates two or more. ATA and TIA also stamped’’ the Board’s recommendation timing of the fee and alter the method addressed the lowest bracket and said that FMCSA should explain the or that the Secretary has not discharged of enforcement. One commenter discrepancy between its proposal and his statutory duties. In fact, FMCSA requested a partial increase in the fees, the Board’s recommendation. concluded that the Board’s with the remaining amount phased in recommendation submitted on April 3, over time. A commenter requested that Response 2009, did not adequately address three FMCSA allow roadside enforcement to While FMCSA acknowledges factors: carrier population, bracket collect all outstanding UCR fees from commenters’ concerns about the bracket shifting and enforcement. In the NPRM, that motor carrier for all registration structure, the Agency has decided to FMCSA explained in detail why it years before allowing the motor carrier retain the bracket structure from the believes that the fees should take these to continue its travel. current fees in this final rule. Inevitably, factors into account and how the fees because of the limited number of should be calculated. In incorporating Response brackets and heterogeneous types of these factors into its proposed fee, FMCSA does not agree that these vehicles and operations, either the including a detailed explanation of its alternatives would present a better fee existing UCR fee structure or a new UCR calculations, FMCSA proposed a structure than that proposed in the proposal could prove advantageous to methodology very different from that NPRM. A phased-in fee structure would some carriers and disadvantageous to which the Board recommended. further complicate enforcement efforts, other carriers. The changes proposed by Finally, FMCSA does not agree that creating additional expenses and FMCSA actually help to redress some of the reasonableness of the fees depends confusion for both participating States the disparities in fees per power unit on an audit of States’ use of UCR and registering entities. The 2010 fee that exist under the current rule. (See registration fees. Although several structure is the Agency’s best attempt to the Regulatory Flexibility Act section commenters asserted that FMCSA has a rectify the shortcomings of previous below.) The rule could be adjusted to duty to ensure that States are using years’ fees, including addressing reduce the impacts on any individual these revenues for safety enforcement, population, bracket shifting and carrier or group of carriers, but given none identified with any specificity the compliance issues. Finally, as explained that the same revenue target would have legal basis for this assertion. FMCSA is above, while FMCSA can encourage to be met, this would only result in the not aware of any statutory or other States to take enforcement action collection of additional revenues from provision that requires it to conduct an indirectly by setting compliance goals, it other carriers. Other changes in the audit of State activities prior to has no authority to require States to take bracket structure (such as increasing the adjusting the fees. specific enforcement actions. Any effort number of brackets) would require a to make UCR delinquency an out-of- d. FMCSA Should Retain Current Fees statutory amendment. service criterion must be taken up at the Nonetheless, in an effort to respond to Comments State level. comments on the bracket structure, Several owner-operators asked f. Increase Number of Brackets/Revise FMCSA will assist the UCR Plan in explicitly that the current fees be kept Bracket Structure revisiting the bracket structure when the in place while the implicit message UCR Plan begins considering any from many other commenters was the Comments adjustments in fees for future same. One trucking company said that ATA and TIA approved of using the registration years. The Agency can all fee increases ‘‘other than the absolute maximum number of brackets permitted provide technical assistance to support minimum necessary to support the by statute, as FMCSA had done. ATA a thorough analysis of alternative programs’’ should be postponed until it and TIA also said that FMCSA had bracket structures to reduce the

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economic impact on small businesses to Response superseded by an adjusted set of fees. the greatest extent practicable. While FMCSA does not believe that it has Therefore, the States participating in the the statute requires the UCR Plan to the legal authority to adopt the changes UCR Plan and Agreement may assess develop no more than 6 and no fewer these commenters requested. The Board, and collect fees pursuant to the fee than 4 brackets of carriers (including not FMCSA, has the authority to issue schedule set forth in 49 CFR 367.20 motor private carriers) based on the size the rules and regulations, including until the fees adopted in this final rule of the fleet, the statute does provide those related to administration of the become effective. A technical change in flexibility in the number of power units program (49 U.S.C. 14504a(d)(2)). In the the heading of 49 CFR 367.20 is included in each of the brackets and absence of statutory authorization, necessary to reflect the regulatory allows the registration fees to be FMCSA lacks the authority to re- guidance. adjusted within a reasonable range on structure or order the re-structuring of VI. The Final Rule an annual basis if the fees are either the manner in which UCR fees are insufficient to provide the participating After considering the comments collected. However, some States have received on the proposed rule, FMCSA States with the revenues they are enacted legislation authorizing them to entitled to receive or lead to a revenue is adopting the final rule as proposed collect UCR fees at the same time they with changes. excess (49 U.S.C. 14504a(f)(1)(E)). register vehicles and collect IFTA fees. Therefore, separate from this In accordance with 49 U.S.C. FMCSA encourages all States to engage 14504a(g)(4), FMCSA proposed in the rulemaking, the Agency will assist the in this kind of proactive collection UCR Plan in revisiting the bracket NPRM to approve the amount of effort, but lacks the authority to revenue under the UCR Agreement to structure and in considering alternatives mandate it. to the current structure, to the extent which each State participating in 2010 Some of the program linkages and is entitled. The FMCSA included in its practicable under the current statute, other suggestions submitted by while ensuring the States receive the proposed revenue estimate commenters may have merit. However, administrative expenses of $5 million funds necessary to fulfill the statutory all of them would require statutory requirement and a revenue reserve of 0.5 percent. changes that are clearly beyond After evaluating comments that opposed g. Tie Fees to Other Motor Carrier FMCSA’s power to accomplish in this inclusion of the administrative expenses Programs rulemaking. Such changes may well be and the revenue reserve, FMCSA has appropriate for consideration by Comments concluded that it is statutorily required Congress during the next to include the administrative expenses, One commenter suggested looking at reauthorization of motor carrier but has decided to remove the revenue the IRP as the basis for the UCR fees. programs administered by the reserve component from the fee State-issued registrations would not be Department of Transportation but unless calculations in the final rule. FMCSA is, issued until the required fees are paid. and until such changes are enacted, therefore, approving the amount of This would provide a fee that is more FMCSA must carry out its revenue under the UCR Agreement to manageable for every power unit subject responsibilities under the current which each State participating in 2010 to submitting Internal Revenue Service provisions of the statute. is entitled, and the final 2010 revenue ‘‘ Form 2290. Another urged make it a h. Fees for 2010 target, as specified in the following requirement with a lesser fee to show table. proof of payment when doing the yearly Comments registration or IFTA renewal same as the ATA contends that the States may not TABLE 5—STATE UCR REVENUE ENTI- 2290.’’ The California DMV argued that begin assessing and collecting UCR fees TLEMENTS AND FINAL 2010 REV- because the data in MCMIS are for 2010 ‘‘until the fee structure is ENUE TARGET inaccurate due to poor carrier reporting amended to reflect the statutory change and a confusing ‘‘interstate carrier’’ [in the definition of CMVs].’’ Total 2010 definition, the UCR fee calculation State UCR revenue should be based on the IRP count of Response entitlements interstate carriers. Because the IRP The comment by ATA does not reflect requires a carrier to cross the a correct interpretation of the effect of Alabama ...... $2,939,964 .00 the amendment to 49 U.S.C. Arkansas ...... 1,817,360.00 jurisdictional line to be considered an California ...... 2,131,710.00 interstate carrier, use of IRP would 14504a(a)(1)(A) modifying the definition Colorado ...... 1,801,615 .00 ensure an ‘‘absolute, accurate count’’ of of ‘‘commercial motor vehicle’’ that Connecticut ...... 3,129,840.00 interstate carriers, although it would became effective for years beginning Georgia ...... 2,660,060 .00 exclude from UCR registration carriers after December 31, 2009. The FMCSA Idaho ...... 547,696 .68 operating in a single State while recently issued regulatory guidance on Illinois ...... 3,516,993.00 transporting interstate passengers or the effect of the amendment on the Indiana ...... 2,364,879.00 property. Fees also could be affixed to application of the fees established in 49 Iowa ...... 474,742 .00 Kansas ...... 4,344,290.00 the IRP credential process. CFR 367.20 (Regulatory Guidance Kentucky ...... 5,365,980.00 Other comments suggested tying UCR Concerning the Applicability of Fees for Louisiana ...... 4,063,836.00 funds to existing FMCSA grant the Unified Carrier Registration Plan Maine ...... 1,555,672.00 programs (e.g., Performance and and Agreement, 75 FR 9487 (March 2, Massachusetts ...... 2,282,887.00 Registration Information Systems 2010). The statutory amendment of the Michigan ...... 7,520,717.00 Management [PRISM] or Motor Carrier applicable definition of commercial Minnesota ...... 1,137,132.30 Safety Assistance Program [MCSAP]). motor vehicles in 49 U.S.C. 14504a that Missouri ...... 2,342,000 .00 Mississippi ...... 4,322,100.00 Commenters suggested that linking UCR applies beginning after December 31, Montana ...... 1,049,063.00 funding to these programs would 2009, also governs the application of the Nebraska ...... 741,974 .00 provide enforcement incentives to both fees established by § 367.20 so that it New Hampshire ...... 2,273,299 .00 participating and non-participating applies to registration years beginning New Mexico ...... 3,292,233.00 States. after December 31, 2009 until New York ...... 4,414,538.00

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TABLE 5—STATE UCR REVENUE ENTI- TABLE 5—STATE UCR REVENUE ENTI- FMCSA is also revising the RPR factor TLEMENTS AND FINAL 2010 REV- TLEMENTS AND FINAL 2010 REV- set out in Table 13 of the NPRM. ENUE TARGET—Continued ENUE TARGET—Continued Because of time constraints, an approximate recent population was Total 2010 Total 2010 used to develop the weighted average State UCR revenue State UCR revenue projected compliance rate of 86.42 entitlements entitlements percent. Data for 2008 are now available North Carolina ...... 372,007 .00 West Virginia ...... 1,431,727.03 that provide the actual number of motor North Dakota ...... 2,010,434.00 Wisconsin ...... 2,196,680.00 carrier entities allocated between the Ohio ...... 4,813,877 .74 participating and non-participating Oklahoma ...... 2,457,796 .00 Sub-Total ...... 106,777,059.81 States. As a result, a slight adjustment Pennsylvania ...... 4,945,527 .00 Alaska ...... 500,000 Delaware ...... 500,000 in the calculations in Table 13 has been Rhode Island ...... 2,285,486 .00 made. The revised table is set out below: South Carolina ...... 2,420,120.00 South Dakota ...... 855,623 .00 Total State Revenue Entitlement ...... 107,777,060 Tennessee ...... 4,759,329 .00 Administrative Expenses .. 5,000,000 Texas ...... 2,718,628.06 Utah ...... 2,098,408 .00 Total 2010 Revenue Virginia ...... 4,852,865.00 Target ...... 112,777,060 Washington ...... 2,467,971.00

TABLE 6 (TABLE 13 REVISED)—REGISTRATION PERCENTAGE REASONABLENESS (RPR) FACTOR

Recent Board’s FMCSA’s population projected FMCSA’s projected (2008) registrations estimated RPR registrations

Participating States ...... 370,575 333,518 90% 333,518 Non-Participating States ...... 62,960 50,368 59% 37,146

Total ...... 433,535 383,886 85.50% 370,664

The one substantial change made in CMVs reported to FMCSA and reflected reduced. Because of the many other this final rule involves the appropriate in the MCMIS data. As previously legitimate reasons that bracket shifting adjustment to recognize bracket shifting. explained, there are several provisions can occur, FMCSA finds that it is In the NPRM, FMCSA considered that permit motor carriers to adjust the appropriate, in setting the fees in this empirical data reflecting the number of commercial motor vehicles final rule, to incorporate a smaller factor participating States’ actual experience reported to FMCSA when registering of 15% (instead of the 25% proposed in with bracket shifting during the years and determining the applicable fee. In the NPRM) for the revenue loss 2007–2009. The analysis indicated that addition, as suggested in the comments, expected to occur in 2010 because of the States experienced a reduction of some carriers may not have included bracket shifting. expected revenues of approximately towed CMVs in the number of CMVs 25% as a result of bracket shifting used to determine the applicable fee The table below shows the fees during those registration years. The because of confusion or an unclear adopted by this rule as a result of the proposed fees in the NPRM were based understanding of the applicable FMCSA’s decision to remove the on an expectation that a similar amount requirements.11 Now that the statutory revenue reserve component from the fee of revenue loss from bracket shifting amendment means trailers and other calculations, the revision of the RPR would occur in 2010. The adjustment towed vehicles are not to be considered factor and the modification of the factor was made because motor carriers would in determining the number of used to adjust for the estimated effect of register in a different bracket than the commercial motor vehicles, the bracket shifting in 2010. bracket predicted from the number of possibility of confusion or uncertainty is

TABLE 7—FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR REGISTRATION YEAR 2010

Fee per entity for exempt or non- Number of CMVs owned or operated by exempt or exempt motor Fee per entity for Bracket non-exempt motor carrier, motor private carrier, or carrier, motor pri- broker or leasing freight forwarder vate carrier, or company freight forwarder

B1 ...... 0–2 ...... $76 $76 B2 ...... 3–5 ...... 227 ...... B3 ...... 6–20 ...... 452 ...... B4 ...... 21–100 ...... 1,576 ...... B5 ...... 101–1,000 ...... 7,511 ...... B6 ...... 1,001 and above ...... 73,346 ......

11 Under SSRS, only self-propelled vehicles were charged, which may have created some confusion when the UCR Plan’s fees were implemented. See ever subject to the payment of the per-vehicle fees 49 CFR 367.1(c).

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As indicated previously in this Executive Order 12866 (Regulatory This increase, though, will clearly be preamble, FMCSA will assist the UCR Planning and Review) and DOT less than the $100 million threshold for Plan in revisiting the bracket structure Regulatory Policies and Procedures a significant impact on the economy. when the Plan begins considering any In the NPRM, FMCSA made a The Agency has prepared a regulatory adjustments in the fees for future preliminary determination that the analysis of the rule. A copy of the registration years. The Agency can proposed rule was not a significant analysis document is included in the provide technical assistance to support regulatory action within the meaning of docket referenced at the beginning of a thorough analysis of alternative Executive Order 12866 and the U.S. this notice. bracket structures to reduce the Department of Transportation’s economic impact on small businesses to 2. The Final Rule Is Significant on Other regulatory policies and procedures Grounds the greatest extent practicable. (DOT Order 2100.5 dated May 22, 1980; FMCSA also received comments 44 FR 11034, February 26, 1979). It FMCSA finds that novel legal or supporting its proposal to revise 49 CFR made this preliminary determination by policy issues are raised in this part 367 by eliminating current subpart finding that the costs of the proposed regulatory action, and that the final rule A, which contains regulations regulatory action would not exceed the is significant under Executive Order implementing the provisions of now- $100 million annual threshold as 12866. FMCSA received over 150 repealed 49 U.S.C. 14504. Therefore, defined in Executive Order 12866. comments, a number of which raised this final rule removes current 49 CFR Comments on the Economic novel legal or policy issues that are part 367 subpart A in its entirety. Significance and Other Significance of appropriate for review under the Second, the heading of 49 CFR 367.20 the Rulemaking regulatory review provisions of that is changed to specify that the fees order. established by that section are Several commenters said that applicable for each registration year FMCSA’s determination that this is not Regulatory Flexibility Act until a subsequent adjustment in the a significant rulemaking is erroneous fees becomes effective. Third, a new 49 and that the regulatory action involved In compliance with the Regulatory U.S.C. 367.30 establishes the fees is significant, both economically and Flexibility Act (RFA), as amended by applicable to registration years otherwise under Executive Order 12866, the Small Business Regulatory beginning on January 1, 2010. As and therefore deserves a full Enforcement Fairness Act (SBREFA), (5 described above, the elimination of a administrative review. U.S.C. 601–612), FMCSA has considered the effects of this regulatory revenue reserve from the 2010 revenue Response target and a revision to the blended action on small entities. The fees being estimated compliance rate has caused 1. The Final Rule Is Not Economically set in this rule would affect large FMCSA to revise and reduce slightly the Significant numbers of small entities because the 2010 fees proposed in the NPRM. FMCSA does not agree with the rule sets fees for hundreds of thousands Finally, this final rule makes a technical commenters’ contention that this rule is of carriers of all sizes, and small entities change in the headings to the fee tables economically significant. Although the are defined to include all entities that to make clear that the fees are applicable total fees collected are projected to be are not dominant in their industries. In to all entities that are required to over $100 million annually, the change previous rulemakings, FMCSA register and pay fees to the UCR Plan. from the existing situation (e.g., the identified for-hire carriers with fewer approximately $77 million collected in than 145 power units (i.e., trucks or VII. Regulatory Analyses and Notices 2008 and in 2009 (see 74 FR at 45586) tractors) as small. Thus, all of the for- Administrative Procedure Act is well below $100 million. This hire carriers in Brackets 1 through 4 situation is similar to previous UCR would be considered small, as would The Administrative Procedure Act’s rulemakings, which were also many of those in Bracket 5. rulemaking provision in subsection determined to be not economically Carriers are not required to report (d)(3) of 5 U.S.C. 553 allows FMCSA to significant. Finally, as shown under revenue to the Agency, but are required make a final rule effective on its section V (C)(1) above, the effects on the to provide the Agency with the number publication date for good cause. Making motor carrier industry would be too of power units they operate when they this final rule effective on the date of small on a per-CMV basis to have a apply for operating authority and to publication will allow the participating material impact. update this figure biennially. Because States to begin registering motor carrier Therefore, FMCSA adheres to its entities and billing and collecting fees preliminary determination that this rule FMCSA does not have direct revenue for 2010 in accordance with the is not economically significant based on figures, power units serve as a proxy to established procedures. Such immediate the size of the additional fees to be determine the carrier size that would effectiveness will not harm any person collected under the UCR. The costs of qualify as a small business given the or regulated entity, but will avoid any the rule are required pursuant to an SBA’s revenue threshold. In order to confusion caused by departure from explicit Congressional mandate. produce this estimate, it is necessary to those procedures. Any delay in Because a majority of the fees under the determine the average revenue collecting 2010 fees could also have a final rule are already being collected generated by a power unit. With regards serious impact on participating States under the UCR system, the total cost of to truck power units, the Agency by causing them to lay off State the final rule will be substantially less determined in the 2003 Hours of Service 12 employees and to curtail compliance than $100 million per year. A major Rulemaking RIA that a power unit and enforcement efforts, thereby intent of the proposed rule is to produces about $172,000 in revenue jeopardizing the statutory objective of eliminate the revenue shortfalls that the ensuring State revenues. FMCSA UCR system has experienced over the 12 Regulatory Analysis for: Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations, therefore finds that it is necessary to past several years; that shortfall was $38 Final Rule—Federal Motor Carrier Safety make this final rule effective million in 2008, for instance, and of Administration. 68 FR 22456—Published 4/23/ immediately upon publication. similar magnitude in 2007 and 2009. 2003.

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annually (adjusted for inflation).13 sufficient revenues to pay even one Children from Environmental Health According to the SBA, motor carriers employee per vehicle would not be Risks and Safety Risks. FMCSA has with annual revenue of $25.5 million viable, it is clear that the recommended determined that this rulemaking would are considered a small business.14 This UCR fees will not reach the threshold of not create an environmental risk to equates to 148 power units (25,500,000/ one percent of revenues. Thus, FMCSA health or safety that would 172,000). Thus, FMCSA considers motor certifies that the rule will not have a disproportionately affect children. carriers with 148 power units or less to significant economic impact on a Executive Order 12630 (Taking of be a small business for SBA purposes. substantial number of small entities. Private Property) With regards to bus power units, the Several commenters addressed the Agency conducted a preliminary impact of the change in the fees on This rule would not affect a taking of analysis to estimate the average number small entities. A carrier with 11 tractors private property or otherwise have of power units (PUs) for a small entity noted that its costs are spread over taking implications under Executive earning $7 million annually, based on fewer assets than those of larger Order 12630, Governmental Actions and an assumption that a passenger carrying companies. The carrier also said that Interference with Constitutionally CMV generates annual revenues of any further cost increases will drive Protected Property Rights. smaller companies out of business. The $150,000. This estimate compares Executive Order 13132 (Federalism) reasonably to the estimated average American Bus Association said that the annual revenue per power unit for the average bus operator has eight This rule has been analyzed in trucking industry ($172,000). A lower motorcoaches, and described the accordance with the principles and estimate was used because buses operator as a small business that would criteria contained in Executive Order generally do not accumulate as many be impacted by the fees. FMCSA cannot 13132. FMCSA has determined that this vehicle miles traveled (VMT) per power validate this and therefore did not rulemaking would not have a units as trucks,15 and it is assumed include this in the analysis. In contrast, substantial direct effect on States, nor therefore that they would generate less another carrier approved of the would it limit the policy-making revenue on average. The analysis proposed fee structure because it would discretion of the States. Nothing in this concluded that passenger carriers with benefit owner-operators and small proposal would preempt any State law 47 PUs or fewer ($7,000,000 divided by trucking companies. or regulation. As detailed above, the $150,000/PU = 46.7 PU) would be Based on this analysis as well as the UCR Board of Directors includes considered small entities. The Agency rule’s regulatory evaluation, FMCSA substantial State representation. The then looked at the number and certifies that the rule will not have a States have already had notice of this percentage of passenger carriers significant economic impact on a action and opportunity for input registered with FMCSA that would fall substantial number of small entities. through their representatives and through comments submitted on the under that definition (of having 47 PUs Unfunded Mandates Reform Act of 1995 or less). The results show that 28,838 16 NPRM. FMCSA received comments The Unfunded Mandates Reform Act (or 99%) of all active registered from the States that failure to of 1995 (Pub. L. 104–4; 2 U.S.C. 1532) passenger carriers have 47 PUs or less. promulgate this rule would have a requires each agency to assess the Therefore, the overwhelming majority of substantial direct effect on the States as effects of its regulatory actions on State, passenger carriers would be considered outlined in Executive Order 13132. local, and tribal governments and the small entities. private sector. Any agency promulgating Executive Order 12372 After careful consideration, however, a final rule likely to result in a Federal (Intergovernmental Review) FMCSA has determined that the mandate requiring expenditures by a recommended UCR fee will, in every The regulations implementing State, local, or tribal government, or by case involving a viable small entity, be Executive Order 12372 regarding the private sector of $136.1 million or well below the threshold level of one intergovernmental consultation on more in any one year, must prepare a percent of revenues used for Federal programs and activities do not written statement incorporating various determining significant impacts. This apply to this program. assessments, estimates, and descriptions conclusion is based the observation that that are delineated in the Act. FMCSA Paperwork Reduction Act the maximum fee per vehicle is $76, has determined that this rule will not The Paperwork Reduction Act of 1995 which is less than one percent of the have an impact of $136.1 million or (44 U.S.C. 3507(d)) requires that FMCSA $14,500 annual salary of even a single more in any one year. consider the impact of paperwork and employee working 40 hours per week other information collection burdens for 50 weeks per year and earning the Executive Order 12988 (Civil Justice imposed on the public. FMCSA has current Federal minimum wage of Reform) determined that there are no current or $7.25.17 Because an entity without This rule meets applicable standards new information collection in sections 3(a) and 3(b)(2) of Executive requirements by FMCSA associated 13 The 2000 TTS Blue Book of Trucking Companies, number adjusted to 2008 dollars for Order 12988, Civil Justice Reform, to with this rule. minimize litigation, eliminate inflation. National Environmental Policy Act 14 U.S. Small Business Administration Table of ambiguity, and reduce burden. Small Business Size Standards matched to North The Agency analyzed this final rule Executive Order 13045 (Protection of American Industry Classification (NAIC) System for the purpose of the National codes, effective August 22, 2008. See NAIC Children) subsector 484, Truck Transportation. Environmental Policy Act of 1969 15 FMCSA Large Truck and Bus Crash Facts 2008, FMCSA has analyzed this rule under (NEPA) (42 U.S.C. 4321 et seq.) and Tables 1 and 20; http://fmcsa.dot.gov/facts- Executive Order 13045, Protection of determined under our environmental research/LTBCF2008/Index- procedures Order 5610.1, issued March _ 2008Large TruckandBusCrashFacts.aspx. affecting employees in the private sector and in 1, 2004 (69 FR 9680), that this action is 16 FMCSA MCMIS snapshot on 2/19/2010. Federal, State, and local governments. Covered 17 The Fair Labor Standards Act (FLSA) nonexempt workers are entitled to a minimum wage categorically excluded (CE) under establishes minimum wage, overtime pay, of not less than $7.25 per hour effective July 24, Appendix 2, paragraph 6.h of the Order recordkeeping, and youth employment standards 2009. http://www.dol.gov/esa/whd/flsa/. from further environmental

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documentation. The CE under ‘‘significant energy action’’ under that Subpart A—[Removed and Reserved] Appendix 2, paragraph 6.h relates to Executive Order because it would not be establishing regulations and actions likely to have a significant adverse effect ■ 2. Remove and reserve subpart A, taken pursuant to the regulations on the supply, distribution, or use of consisting of §§ 367.1 through 367.7 and implementing procedures to collect fees energy. Appendix A to subpart A. that will be charged for motor carrier List of Subjects in 49 CFR Part 367 registrations and insurance. Subpart B—Fees Under the Unified FMCSA has also analyzed this rule Commercial motor vehicle, Financial Carrier Registration Plan and under the Clean Air Act, as amended responsibility, Motor carriers, Motor Agreement (CAA), section 176(c) (42 U.S.C. 7401 et vehicle safety, Registration, Reporting seq.), and implementing regulations and recordkeeping requirements. ■ 3. Amend subpart B by revising the promulgated by the Environmental ■ For the reasons discussed in the heading of § 367.20 to read as follows: Protection Agency. Approval of this preamble, the Federal Motor Carrier action is exempt from the CAA’s Safety Administration is amending title § 367.20 Fees Under the Unified Carrier General Conformity requirement since it 49 CFR Chapter III, subchapter B, part Registration Plan and Agreement for Each involves policy development. Registration Year Until Any Subsequent 367 as follows: Adjustment in the Fees Becomes Effective. Executive Order 13211 (Energy Effects) PART 367—STANDARDS FOR * * * * * FMCSA has analyzed this rule under REGISTRATION WITH STATES ■ Executive Order 13211, Actions 4. Add § 367.30 to subpart B to read Concerning Regulations That ■ 1. Revise the authority citation for part as follows: Significantly Affect Energy Supply, 367 to read as follows: § 367.30 Fees Under the Unified Carrier Distribution, or Use. FMCSA has Authority: 49 U.S.C. 13301, 14504a; and 49 Registration Plan and Agreement for determined that it would not be a CFR 1.73. Registration Years Beginning in 2010.

FEES UNDER THE UNIFIED CARRIER REGISTRATION PLAN AND AGREEMENT FOR EACH REGISTRATION YEAR

Fee per entity for exempt or non- Number of commercial motor vehicles owned or exempt motor Fee per entity for Bracket operated by exempt or non-exempt motor carrier, carrier, motor pri- broker or leasing motor private carrier, or freight forwarder vate carrier, or company freight forwarder

B1 ...... 0–2 ...... $76 $76 B2 ...... 3–5 ...... 227 ...... B3 ...... 6–20 ...... 452 ...... B4 ...... 21–100 ...... 1,576 ...... B5 ...... 101–1,000 ...... 7,511 ...... B6 ...... 1,001 and above ...... 73,346 ......

Issued on: April 21, 2010. 12–month finding on a petition to list materials, comments, or questions Alais L.M. Griffin, Susan’s purse-making caddisfly concerning this finding to the above Chief Counsel. (Ochrotrichia susanae) as endangered street address. [FR Doc. 2010–9674 Filed 4–26–10; 8:45 am] and to designate critical habitat under FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–EX–P the Endangered Species Act of 1973, as Patricia S. Gelatt, Supervisor, Western amended. After review of all available Colorado Field Office, (see ADDRESSES); scientific and commercial information, by telephone (970-243-2778, extension we find that listing Susan’s purse- DEPARTMENT OF THE INTERIOR 26); or by facsimile (970-245-6933). making caddisfly is not warranted at Persons who use a telecommunications Fish and Wildlife Service this time. However, we ask the public to device for the deaf (TDD) may call the submit to us any new information that Federal Information Relay Service 50 CFR Part 17 becomes available concerning the (FIRS) at 800-877-8339. threats to the Susan’s purse-making SUPPLEMENTARY INFORMATION: [Docket No. FWS-R6-ES-2009-0025] caddisfly or its habitat at any time. [MO 92210-0-0008] DATES: The finding announced in this Background document was made on April 27, 2010. Endangered and Threatened Wildlife Section 4(b)(3)(B) of the Endangered ADDRESSES: and Plants; 12-Month Finding on a This finding is available on Species Act of 1973, as amended (Act) Petition to List Susan’s Purse-making the internet at http:// (16 U.S.C. 1531 et seq.), requires that, Caddisfly (Ochrotrichia susanae) as www.regulations.gov at docket number for any petition to revise the Federal Threatened or Endangered FWS-R6-ES-2009-0025. Supporting Lists of Endangered and Threatened documentation we used in preparing Wildlife and Plants that contains AGENCY: Fish and Wildlife Service, this finding is available for public substantial scientific or commercial Interior. inspection, by appointment, during information that listing the species may ACTION: Notice of 12–month petition normal business hours at the U.S. Fish be warranted, we make a finding within finding. and Wildlife Service, Western Colorado 12 months of the date of receipt of the Field Office, 764 Horizon Drive, petition. In this finding, we will SUMMARY: We, the U.S. Fish and Building B, Grand Junction, CO 81506. determine that the petitioned action is: Wildlife Service (Service), announce a Please submit any new information, (1) Not warranted, (2) warranted, or (3)

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warranted, but the immediate proposal at the wing base, the midline, and the Taxonomy of a regulation implementing the apex (Flint and Herrmann 1976, p. 894). petitioned action is precluded by other The larvae of Hydroptilidae are Susan’s purse-making caddisfly was pending proposals to determine whether unusual among the case-making families first described as Ochrotrichia susanae species are threatened or endangered, of Trichoptera in that they are free- by Flint and Herrmann (1976, pp. 894- and expeditious progress is being made living until the final (fifth) larval instar 898) from specimens collected in 1974 to add or remove qualified species from (developmental stage between molts) at Trout Creek in Chaffee County, the Federal Lists of Endangered and (Wiggins 1996, p. 72). When the larvae Colorado. The genus Ochrotrichia is Threatened Wildlife and Plants. Section molt to the fifth instar, they develop widespread and fairly diverse in North 4(b)(3)(C) of the Act requires that we enlarged abdomens, build purse-shaped America, with over 50 described species treat a petition for which the requested cases from silk and sand, and become (Wiggins 1996, p. 96). Adults can be action is found to be warranted but less active (Wiggins 1996, p. 71). They distinguished from other species in the precluded as though resubmitted on the construct a case that can be portable or genus Ochrotrichia based on date of such finding, that is, requiring a cemented to the substrate (Wiggins characteristics of the genitalia. No subsequent finding to be made within 1996, p. 71). Larvae in this family are challenges to the taxonomy have arisen 12 months. We must publish these 12– very small but can reach up to 6 mm since the species was named. We find month findings in the Federal Register. (0.3 in.) in length (Wiggins 1996, p. 71). that Flint and Hermann (1976, pp. 894- 898) provide the best available Previous Federal Action The head and the dorsal surface (top) of all three thoracic segments are dark information on the taxonomy of Ochrotrichia susanae. Therefore, we On July 8, 2008, we received a brown and sclerotized (hardened) (Flint consider the Susan’s purse-making petition via e-mail from the Xerces and Herrmann 1976, p. 894). Larval caddisfly a valid species for listing Society for Invertebrate Conservation, cases are small, flattened, bivalved, and under the Act. Dr. Boris C. Kondratieff (Colorado State open at each end, similar to other University), Western Watersheds members of the genus Ochrotrichia. Historic and Current Distribution Project, WildEarth Guardians, and However, Susan’s purse-making Center for Native Ecosystems requesting caddisfly larval cases are slightly shorter Susan’s purse-making caddisfly has that we list Susan’s purse-making proportionally and are made from only been historically documented from caddisfly as endangered under the Act smaller grains of sand (Flint and three sites: (1) Trout Creek Spring in and designate critical habitat. The Herrmann 1976, p. 894). The larvae Chaffee County, Colorado; (2) High petition included supporting eventually pupate (metamorphose from Creek Fen in Park County, Colorado; information regarding the species’ a larvae to an adult) within the case. and (3) Jaramillo Creek in Valles description, taxonomy, historical and Feeding behavior of Susan’s purse- Caldera, New Mexico. Based on the best current distribution, present status, making caddisfly larvae has not been available information, we consider all habitat requirements, and potential observed directly, but larvae in this three locations to be extant, as described threats. We acknowledged the receipt of genus generally feed by scraping in more detail below. the petition in a letter to the petitioners diatoms from rocks (Wiggins 1996, p. From 1974 to 1994, Susan’s purse- dated August 5, 2008. In the letter, we 96), and larvae in the Hydroptilidae making caddisfly was only known to stated that we determined an emergency have been described as eating the exist at and below Trout Creek Spring listing was not necessary. We also stated cellular content of algae (Vieira and on U.S. Forest Service (USFS) land that, due to court orders and settlement Kondratieff 2004, p. 47). Where the (Pike-San Isabel National Forest) in agreements for other listing and critical species has been collected, rocks that Chaffee County, Colorado (Herrmann et habitat actions, all of our fiscal year were thickly covered with larval cases al. 1986, p. 433). Larvae, pupae, and 2008 listing funds had been allocated were associated with heavy growth of adults were collected at the spring and that further work on the petition filamentous algae and moss (Flint and outfall area and downstream in Trout would not take place until fiscal year Herrmann 1976, p. 897). Creek at the Highway 285 Bridge, about 2009. Adult Trichoptera have reduced 130 meters (m) (430 feet (ft)) away from Funding became available in fiscal mouthparts and lack mandibles, but can the spring. Multiple collection attempts year 2009, and we began work on the ingest liquids. The adult flight period is below the Highway 285 Bridge have not 90–day finding in November 2008. The estimated to be from late June to early resulted in the caddisfly being found. 90–day finding was published in the August (Flint and Herrmann 1976, p. There is no known reason for lack of Federal Register on July 8, 2009 (74 FR 897), although Herrmann et al. (1986, p. occurrence downstream of the bridge 32514). This notice constitutes the 12– 433) stated that adults were collected (Herrmann 2010, pers. comm.). The month finding on the July 8, 2008, from mid-April to late July. The specific spring and downstream stretch of creek petition to list Susan’s purse-making life cycle of Susan’s purse-making habitat will hereafter simply be called caddisfly as endangered. caddisfly is not known (Kondratieff Trout Creek Spring unless specific areas 2009a, pers. comm.; Ruiter 2009a, pers. are mentioned. Trout Creek Spring is at Species Information comm.). They are thought to produce an elevation of about 2,750 m (9,020 ft). Species Description one generation per year (Flint and The last known observation of the Herrmann 1976, p. 897). After emerging caddisfly at Trout Creek Spring was by Susan’s purse-making caddisfly is a from their pupal cases, they will mate one of the co-authors of the species small, hairy, brown caddisfly in the and lay eggs in the water (Myers 2010, description, Dr. Scott Herrmann, in family Hydroptilidae under the Order pers. comm.) and most likely only live 2007 (Herrmann 2009a, pers. comm.). Trichoptera. Most of its life is spent as for a week or two as adults. It is not We unsuccessfully attempted to relocate an aquatic larva in spring and nearby known how long it takes for Susan’s the species at this location at the end of stream habitats. Adults have forewings purse-making caddisfly eggs to develop July 2009; however, survey conditions 2 millimeters (mm) (0.08 inch (in.)) into larvae, how long each larval stage were poor (Ireland 2009, p. 2). Based on long. The wings are dark brown with lasts, or how long they are in the pupal the long-term history of occupancy and three transverse silver bands, one each state. the poor survey conditions at our last

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site visit, we consider the Trout Creek larval habitat was close to the adult NatureServe (2008, p. 1), but if High Spring site to still be occupied. capture site on Jaramillo Creek, but Creek Fen and Jaramillo Creek were In 1995, Susan’s purse-making larval or pupal surveys specific to added the rank would not change, since caddisfly specimens were discovered Susan’s purse-making caddisfly have the NatureServe ranking system of G2 and collected at High Creek Fen in Park not been conducted on Jaramillo Creek and N2 allows for 20 or fewer County, Colorado, about 27 kilometers or in VCNP. The postulated small populations (NatureServe 2009, pp. 4, (km) (17 miles (mi)) north of the dispersal distance also suggests that the 7). No population estimate exists for the previously known locality (Durfee and population in VCNP is isolated from the caddisfly at Trout Creek Spring, but Polonsky 1995, pp. 1, 5, 7). High Creek populations in Colorado, and that the Flint and Herrmann (1976, p. 898) Fen is a unique groundwater-fed populations within Colorado are collected 237 adults on July 1, 1975, and wetland with high ecological diversity. isolated from one another (Xerces 118 adults on July 20, 1975. No adults It is considered a rare type of habitat Society et al. 2008, pp. 5, 12, 15). It is were present during an August 5, 1975, and the southernmost example of this possible that incidental dispersal via collection attempt at Trout Creek Spring unique habitat in North America wind or adhesion to animals or humans (Flint and Herrmann 1976, p. 898). (Cooper 1996, pp. 1801, 1808; Rocchio could occur, but neither dispersal Similarly, no extensive collection or 2005, p. 10; Legg 2007, p. 1). High Creek method has been documented, and population size estimate has been made Fen is primarily owned by The Nature dispersal is likely uncommon for either High Creek Fen or Jaramillo Conservancy (TNC) and the Colorado (Kondratieff 2010, pers. comm.). Creek. State Land Board (CSLB), as well as The Service recognizes that only three private landowners. The fen is about populations of Susan’s purse-making Habitat Requirements 2,980 m (9,320 ft) in elevation. Susan’s caddisfly have been found since the Larval and adult Susan’s purse- purse-making caddisfly pupae were species’ discovery in 1974 (Flint and making caddisflies are found in and found at High Creek Fen on July 29, Herrmann 1976), and they are around spring and stream habitat (Flint 2009, during a site visit in conjunction undoubtedly rare. In 1986, Herrmann et and Herrmann 1976, p. 897). Larvae with the Trout Creek Spring site visit al. compiled a list of records for Susan’s inhabit waters that are cold, hard, well- (Ireland 2009, p. 1). A subsequent visit purse-making caddisfly, but this was oxygenated, highly buffered, and to High Creek Fen on August 11, 2009, only based on existing records and not extremely low in trace metals (Flint and resulted in capture of an adult Susan’s the result of comprehensive field Herrmann 1976, p. 897). Adult riparian purse-making caddisfly (Ruiter 2009b, surveys. Despite the probable rarity, we habitat preferences, if they exist, are pers. comm.). believe additional populations may unknown (Kondratieff 2009b, pers. In July 2008, an adult Susan’s purse- exist based on the following: (1) surveys comm.; Ruiter 2009c, pers. comm.). making caddisfly was discovered near have not encompassed all potential Since the adults only live for a week or Jaramillo Creek within the Valles spring habitats in Colorado and New two, it is possible that a specific Caldera National Preserve (VCNP) west Mexico (Herrmann 2010, pers. comm.; vegetation type is not important to of Los Alamos, New Mexico (Flint Jacobi 2009, pers. comm.; Kondratieff them. The riparian habitats adjacent to 2009a, pers. comm.). The Preserve is 2010, pers. comm.; Ruiter 2010, pers. the streams at Trout Creek Spring and owned by the U.S. Department of comm.); (2) it is particularly likely that High Creek Fen are quite different from Agriculture (part of the National Forest potential spring habitats occurring on each other in both species present and System) but run by a nine member private land have not been surveyed vegetative structure (Ireland 2009, pp. 1- Board of Trustees; the Supervisor of (Kondratieff 2010, pers. comm.); (3) the 2), suggesting a lack of vegetation Bandelier National Monument, the caddisfly can only be identified at the preference. However, riparian Supervisor of the Santa Fe National pupal and adult stages so the species vegetation of some sort is likely Forest, and seven other members with could easily be missed if surveys take beneficial for adult shelter and survival distinct areas of experience or activity place outside of the period from mid- (Kondratieff 2009b, pers. comm.; Ruiter appointed by the President of the June to early August (Flint and 2009c, pers. comm.). United States (Valles Caldera Trust Herrmann 1976); (4) the adults are very After emerging from their pupal cases 2003, pp. 46-47). Dr. Oliver Flint, one of small, only live for a week or two, and as adults, females will mate and lay eggs the co-authors of the species’ may not fly if conditions are too cold or in the water (Myers 2010, pers. comm.). description, identified the caddisfly windy, again causing surveyors to miss Caddisflies typically lay eggs on collected from VCNP. The elevation of them; and (5) general surveys of aquatic immobile rocks, gravel, rooted the capture area is approximately 2,750 species (not focusing on this particular vegetation, or anchored wood that will m (8,600 ft). No larvae were discovered species) may simply miss either pupae reduce movement of the eggs and, at the Jaramillo Creek site, so we do not or adults due to low population size. hence, reduce chances of abrasion or know if the adult caddisfly represents a burial of the eggs by sediment (Myers breeding population. If there is a Status 2010, pers. comm.). Specific breeding population in VCNP, it is Susan’s purse-making caddisfly has a information on substrate used for egg- unknown how close the adult was to its Global Heritage Status Rank of G2, a laying by Susan’s purse-making larval habitat and whether larvae are National Status Rank of N2, and a caddisfly is not available. occupying a spring near Jaramillo Creek, Colorado State Rank of S2 (NatureServe Physical and chemical conditions of Jaramillo Creek only, or a spring or 2008, pp. 1-4). NatureServe defines the Trout Creek Spring were assessed in creek in a nearby drainage. Adults are G2 rank as signifying that a species is 1975 (Flint and Herrmann 1976, pp. thought to be weak fliers, likely only imperiled (at a high risk of extinction) 894-897). Water temperatures in the flying 1 to 2 m (3 to 7 ft) when globally due to a very restricted range, spring habitat were cold and varied disturbed. They are thought to remain very few populations, steep population little (14.4 to 15.8 oC (57.9 to 60.4 oF)). close to larval habitat for mating and declines, or other factors. Species in Stream conditions included extremely oviposition (Xerces Society et al. 2008, these categories are defined as high levels of dissolved oxygen (at or pp. 6-7). Therefore, dispersal distance is vulnerable to extirpation nationally or near 100-percent saturation), as well as thought to be very small (Xerces Society within a State or province. Only the high concentrations of dissolved et al. 2008, pp. 6-7). This suggests that Trout Creek Spring site is on file with calcium (Ca), magnesium (Mg), and

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sulfate (SO4) (see Table 1 below), which Water quality samples were taken in than Trout Creek Spring or High Creek gave the water a higher electrical 1995 at High Creek Fen by Durfee and Fen (Brooks 2009), indicating there are conductance value than typically seen Polonsky (1995) and on undisclosed less salts in the water at VCNP. in most regional streams at the same dates by Cooper (1996). High Creek Fen Trout Creek Spring values in Table 1 elevation (Flint and Herrmann 1976, p. appears to have similar water quality incorporate the range for both the spring 897). Conductivity is a measure of the characteristics (see Table 1 below) as proper and samples taken in the creek level of salts in water as a result of Trout Creek Spring (Durfee and down to the Highway 285 Bridge (Flint elements such as calcium and Polonsky 1995, p. 5 and Table 2; Cooper and Herrmann 1976, p. 897). High Creek magnesium. In 2009, temperature, pH, 1996, pp. 1801, 1803). Water samples in Fen samples incorporate a range from and total alkalinity were within the Jaramillo Creek were taken in 2005 three water sources feeding the fen range of samples analyzed in 1975 (Brooks 2009). The range of pH in (Cooper 1996, p. 1803). Jaramillo Creek (Herrmann 2009b, pers. comm.). Jaramillo Creek and a nearby spring is sample values include both the creek Analysis of additional water chemistry similar to the other two sites (see Table and a nearby spring location (Brooks variables has not been completed. 1 below). The conductivity was lower 2009).

TABLE 1. PHYSIO-CHEMICAL PROPERTIES OF WATER AT SUSAN’S PURSE-MAKING CADDISFLY LOCATIONS (BROOKS 2009; COOPER 1996; FLINT AND HERRMANN 1976).

Conductance (mg/l) Cl(mg/l) SITE pH (μS/cm) Ca(mg/l) Mg(mg/l) Na(mg/l) K(mg/l) SO4

Trout Creek 7.2-8.2 280-400 38-52 14-21 2.1-5.3 0.4-1.32 19-59 1.5-2.2 Spring

High Creek 7.8-8.1 420-2558 55-93 30-98 8.4-25.4 0.8-2.7 34.7-815.4 4.6-42.6 Fen

VCNP 6.6-8.0 61-76 3.1-3.9 0.3-1.5

Flint and Herrmann (1976, p. 897) for Susan’s purse-making caddisfly, and, analyzed in 1975, indicating that the state that conductance was directly therefore, more springs may be available water quality at Trout Creek Spring has related to calcium, magnesium, and for occupancy. However, as Myers remained the same in these respects sulfate concentrations. This conclusion (2009, pers. comm.) mentions, factors since 1975 (Herrmann 2009b, pers. appears logical, as High Creek Fen also other than conductivity may be comm.). had high concentrations of these influencing habitat occupancy by elements and an even higher range of Susan’s purse-making caddisfly. With Summary of Information Pertaining to conductance than Trout Creek. Jaramillo only three locations and scant available the Five Factors Creek had low sulfate and low data, the range of habitat Susan’s purse- Section 4 of the Act and its conductance compared to the other two making caddisfly can live in remains implementing regulations (50 CFR 424) locations (see Table 1 above). This unknown, but the best available outcome may suggest that calcium and information suggests that the water set forth procedures for adding species magnesium levels were low as well, but quality will be similar to the range of to, removing species from, or actual levels were not analyzed. Since variables analyzed in the Trout Creek reclassifying species on the Federal only an adult caddisfly was caught near Spring and High Creek Fen areas. Lists of Endangered and Threatened Wildlife and Plants. Under section Jaramillo Creek and we do not know if Larval and pupal Susan’s purse- 4(a)(1) of the Act, a species may be it came from the creek near the capture making caddisfly were collected at determined to be endangered or site, a nearby spring, or elsewhere, we Trout Creek Spring in 1974 and 1975 do not know if the low conductance and (Flint and Herrmann 1976). Larvae and threatened based on any of the sulfate (SO4) and chloride (Cl) values pupae primarily inhabited the sides of following five factors: (A) The present or represent a lower range that Susan’s rocks in both the spring outfall and threatened destruction, modification, or purse-making caddisfly larvae and downstream locations. Concentrations curtailment of its habitat or range; (B) pupae can survive in. of caddisflies were found in areas overutilization for commercial, Temperature, pH, dissolved oxygen, directly below small waterfalls and were recreational, scientific, or educational total dissolved solids, and conductivity often clustered in clumps that covered purposes; (C) disease or predation; (D) probably have the greatest influence on the rocks (Flint and Herrmann 1976, pp. the inadequacy of existing regulatory distribution of the caddisfly (Myers 894-897). During a 2009 site visit, mechanisms; or (E) other natural or 2009, pers. comm.). Only pH and concerns were raised that Trout Creek manmade factors affecting its continued conductivity were measured at all three Spring may be impacted by poor water existence. In making this finding, sites, and total dissolved solids were not quality because of large amounts of information pertaining to Susan’s purse- analyzed at any of the three locations. filamentous algae in Trout Creek (Xerces making caddisfly in relation to the five We do not know if the caddisfly prefers Society 2009, p. 2). However, during factors provided in section 4(a)(1) of the springs with higher conductivity. Both earlier collections, larval and pupal Act is discussed below. In making our Trout Creek Spring and High Creek Fen, cases were often found on the same 12–month finding, we considered and where both larvae and pupae have been rocks that had thick growths of moss evaluated the best available scientific identified, have high conductivity. and filamentous algae (Flint and and commercial information. However, Jaramillo Creek has relatively Herrmann 1976, p. 897). Additionally, low conductivity. Consequently, a range temperature, pH, and total alkalinity in of conductivity levels may be suitable 2009 were within the range of samples

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A. The Present or Threatened uppermost portion of a finger of a quarters in USFS ownership (USFS Destruction, Modification, or grazing allotment (the Fourmile 2008a, p. 53). From 1996 through 2008, Curtailment of the Species’ Habitat or Allotment) on the Pike-San Isabel 146 total cow/calf pairs were permitted Range National Forest (USFS 2008a, Appendix on the Chubb Park Allotment for 153 1, p. 1). The majority of the allotment days or 983 Animal Unit Months Livestock Grazing does not influence the Trout Creek (AUMs) (USFS 2009, p. 6; USFS 2010, Susan’s purse-making caddisfly Spring habitat. No grazing from cattle on p. 1). In 2009, the USFS and CSLB appears to require cold and well- the Fourmile Allotment occurs around reduced the AUMs by shortening the oxygenated water (Flint and Herrmann the caddisfly’s habitat in Trout Creek grazing period to 41 days and allowing 1976, p. 897). The species could be Spring because the only place where 410 cow/calf pairs to graze for a new negatively impacted by decreased cattle could access the spring, the total of 740 AUMs (USFS 2009, p. 6). riparian vegetation, stream bank western bank from County Road 309, is The private landowner elected to not destabilization, and increases in water steep (Gaines 2009a, pers. comm.; USFS graze due to drought and, along with the temperature if livestock grazing is not 2009, p. 5). USFS and CSLB, rested the Chubb Park well managed. Intensive grazing may The Bassam Allotment is immediately Allotment for 5 years from 2003-2007 lead to erosion due to removal of downstream of the Fourmile Allotment. (USFS 2010, p. 1). An electric fence riparian and upland vegetation, removal The allotment ends at the Highway 285 erected for 8 km (5 mi) along Trout of soil litter, increased soil compaction Bridge, and livestock cannot go Creek upstream of the spring prior to the via trampling, and increased area of bare upstream due to a fence at the allotment 2009 grazing season now prevents cattle ground (Schulz and Leininger 1990, pp. boundary (USFS 2008a, Appendix 1 from accessing this stretch of Trout 297-298; Fleischner 1994, pp. 631-636). Bassam C&H Range Improvements, p. 1). Creek (USFS 2009, p. 5). However, the Bare, compacted soils allow less water Cattle can access the area below the USFS may adjust the fence as they infiltration, which generates more bridge but rarely do (USFS 2010, p. 1). determine appropriate to meet the surface runoff and can contribute to Grazing impacts could affect Susan’s desired conditions (USFS 2010, p. 2). erosion as well as flooding and stream purse-making caddisfly habitat Currently all the pastures in the bank alterations (Abdel-Magid et al. downstream of the bridge if the species allotment are moving toward or meeting 1987, pp. 304-305; Orodho et al. 1990, historically occurred down there, but it desired conditions (USFS 2010, p. 1). pp. 9-11; Chaney et al. 1993, pp. 8-15). has never been collected downstream of Herbaceous riparian vegetation Increased erosion leads to higher the bridge (Herrmann 2010, pers. appeared lush in July 2009 (Ireland sediment loads in nearby waters, which comm.). Consequently, grazing on the 2009, p. 2), and the cattle did not enter can degrade in-stream and riparian Bassam Allotment is not currently the fenced-off portion of the riparian habitat and increase water turbidity. known to impact the caddisfly or its zone (USFS 2009, p. 4). An increase in The more turbid the water, the more habitat. vegetative cover in the 8 km (5 mi) sediment it is carrying. Sediment can The Chubb Park Allotment lies stretch of Trout Creek should limit affect the caddisfly by reducing immediately upstream of Trout Creek sediment deposition downstream during respiration ability; smothering eggs, Spring. The cattle on the Chubb Park snowmelt and thunderstorm events. larvae, and pupae; reducing forage for Allotment cannot get to Trout Creek The USFS installed a well in June the larvae; and limiting suitable sites for Spring because of allotment fences and 2005 about 8 km (5 mi) upstream of egg laying (Myers 2010, pers. comm.). cattle guards (USFS 2009, p. 5). Trout Creek Spring that pipes water to The combined impacts of vegetation Consequently, direct impacts to the a large holding tank, then into seven loss, soil compaction, stream bank caddisfly and its habitat do not occur float-controlled livestock tanks to draw destabilization, and increased from cattle on the Chubb Park the livestock away from riparian areas sedimentation associated with intensive Allotment. However, grazing in this (USFS 2009, p. 6). This action may limit livestock grazing can have a profound allotment in the upper portion of the grazing in the riparian areas, thereby effect on aquatic macroinvertebrates. Trout Creek drainage has the potential further retaining vegetation and One study found a dramatic decline in to impact the caddisfly’s habitat reducing sedimentation, but may macroinvertebrate abundance and downstream through vegetation negatively impact water quantity (see species richness for some taxa, removal, erosion, and subsequent ‘‘Dewatering of Spring Habitat’’ section including caddisflies, on grazed versus downstream sedimentation in the below). ungrazed sites in Oregon (McIver and caddisfly habitat. The Trout Creek The USFS (2009, pp. 1-5) provided McInnis 2007, pp. 293, 300-301). A drainage becomes ephemeral within 300 present-day photos, as well as historical variety of aquatic macroinvertebrate m (984 ft) above Trout Creek Spring information and photos of Trout Creek community attributes relating to taxa (Flint and Herrmann 1976, p. 895; USFS in 1921 and 1933, that showed diversity, community balance, trophic 2009, p. 5), and may occasionally run extensive erosion both upstream and status (what level an animal is on the during spring snowmelt or large downstream from Trout Creek Spring food chain), and pollution tolerance thunderstorms (Ireland 2009, p. 2). from excessive grazing and logging. were negatively impacted by moderate These irregular seasonal flows in Based on the photos, the sediment loads or heavy grazing in small mountain combination with increased vegetation in the 1920s and 1930s almost certainly streams in Virginia, compared to lightly and recently implemented exceeded present-day loads. This means grazed or ungrazed control areas improvements in grazing management that the caddisfly was either able to (Braccia and Voshell 2007, pp. 196-198). (as discussed below) likely reduce the withstand the sediment loads, the In 2008, the USFS issued an amount of sediment reaching the sediment was not deposited in the environmental assessment (EA) for caddisfly habitat. However, we are not spring (allowing the caddisfly to Rangeland Allotment Management aware of any measurements of sediment survive), or conditions have improved Planning in the Salida-Leadville deposition in the Trout Creek Spring since then to the extent that the Planning Area (USFS 2008a) that covers habitat. caddisfly was able to colonize or about 115,000 hectares (ha) (284,000 The Chubb Park Allotment has split recolonize Trout Creek Spring. Because acres (ac)) around Trout Creek Spring. ownership between the USFS, CSLB, cattle on the Bassam and Fourmile Trout Creek Spring is in the extreme and private lands, with roughly three- Allotments do not graze in the known

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caddisfly habitat and grazing on the Trust 2009, p. 22). Seven thousand free- occurrence. There is no evidence that Chubb Park Allotment appears to be roaming elk live in the Jemez grazing at VCNP has impacted the managed adequately, it is unlikely that Mountains, which surround VCNP caddisfly’s habitat in recent years. We cattle grazing on any of the three (Valles Caldera Trust 2009, p. 22). believe that grazing will continue for at allotments under current and adaptive However, no measureable impact from least the next 20 years on both the management causes sedimentation or elk grazing occurs in the area where the Chubb Park Allotment and VCNP. direct impacts to the caddisfly or its caddisfly was captured (Parmenter However, we do not expect grazing to habitat. The USFS has committed to 2009b, pers. comm.). impact the caddisfly in the foreseeable adaptive management of the Chubb Park Stream condition in the VCNP future at either High Creek Fen or VCNP Allotment, which means that grazing or appears to be improving. A proper due to management practices currently other actions may be adjusted based on functioning condition analysis was done in place and expected to continue in the observation of impacts on the ground or in 2000 and 2006 to assess stream future (Pague 2009, pers. comm.; through scientific monitoring of condition in VCNP (Valles Caldera Trust Parmenter 2009a, pers. comm.; conditions or both (USFS 2008b, p. 4). 2009, p. 68). Determining proper Parmenter 2009b, pers. comm.; Adaptive management in the Chubb functioning condition includes analysis Parmenter 2010, pers. comm.; Valles Park Allotment includes a variety of of vegetation, soils, geology, and Caldera Trust 2009). We find no actions that can be categorized as hydrology but does not include water credible evidence that grazing is a threat adjusting grazing duration and timing, quality assessment (BLM 1998, pp. 2, 4). to Susan’s purse-making caddisfly now rotating cattle in different pastures, Four of five sections of the creek were or in the foreseeable future. fencing cattle out of riparian areas, rated as being in proper functioning Hazardous Fuel Reduction Activities drawing cattle away from riparian areas condition in 2006, versus two of five in with water developments, adjusting 2000 (Valles Caldera Trust 2009, p. 68). The North Trout Creek Forest Health stocking rates, and managing vegetation The other sections (three of five in 2000 and Hazardous Fuel Reduction Project (USFS 2008a, p. 28). and one of five in 2006) were rated as (North Trout Creek Project) (USFS No grazing occurs at High Creek Fen. being on an upward trend. The section 2007a) may impact Trout Creek Spring. The closest grazing occurs upstream around the adult caddisfly capture site The project is proposed to treat about 1.5 km (0.9 mi) (Pague 2009, pers. was rated as being in proper functioning approximately 3,500 ha (8,700 ac) out of comm.). Cattle also graze about 0.4 km condition (McWilliams 2006, pp. 7, 8, a 6,200-ha (15,300-ac) project area with (0.6 mi) downstream (easterly) and 17). Overall, 75 percent of the streams salvage logging, thinning, and about 0.8 km (0.5 mi) north and south in VCNP are in proper functioning prescribed fire to reduce hazardous fuel of the fen (Pague 2009, pers. comm.). No condition (Parmenter 2009a, pers. loads (USFS 2007a, p. 1). The various grazing-related impacts to the fen have comm.). However, most of the streams components of the project are projected been noted to date (Pague 2009, pers. on VCNP have water of quality that is to take place over 5 to 7 years comm.) or are expected in the future considered impaired by State standards, dependent on funding (USFS 2007a, p. (Pague 2009, pers. comm.). primarily as a result of turbidity and 13). The closest proposed action under The Valles Caldera National Preserve temperature (Parmenter 2009a, pers. the project is about 10 km (6 mi) north (VCNP) is approximately 36,000 ha comm.). Unfortunately, temperature at of Trout Creek Spring. An additional (89,000 ac) (Valles Caldera Trust 2009, the Jaramillo Creek caddisfly capture timber sale project (Ranch of the p. 16), with 31 percent of the area site is not known. Jaramillo Creek was Rockies Project) could result in 35 ha suitable for grazing, including the area one of the streams rated as non- (86 ac) of impacts in the Trout Creek near where the adult caddisfly was impaired overall in 2000, and was used Pass area 5 to 8 km (3 to 5 mi) upstream found (Valles Caldera Trust 2009, pp. as a reference stream during a benthic of Trout Creek Spring (USFS 2007b, pp. 75, 77). Historically, a large number of survey (Valles Caldera Trust 2009, p. 1-3). This timber sale project involves sheep and cattle were grazed on VCNP, 67). Jaramillo Creek had the highest skidding and storing live and dead trees but only cattle have been grazed for the number of taxa (31) and the highest and piling the resulting slash. Although last 40 years (Valles Caldera Trust 2009, diversity of aquatic insects of any creek the proposed North Creek project p. 61). Historically, cattle and sheep in VCNP (Valles Caldera Trust 2009, p. location is at least 10 km (6 mi) from grazing had an impact on Jaramillo 67). Therefore, we believe that livestock caddisfly habitat, roads and prescribed Creek drainage, but since VCNP was and elk grazing are not impairing water fire related to logging and hazardous created conditions have improved. quality in a manner that threatens the fuels reduction could potentially impact Beginning in 2001, shortly after the Susan’s purse-making caddisfly in Susan’s purse-making caddisfly as VCNP was created, the number of cattle Jaramillo Creek. described in the ‘‘Logging Roads’’ and was reduced by about 93 percent In summary, the restricted ‘‘Prescribed Fire’’ sections below. (Parmenter 2009a, pers. comm.). distribution and narrow habitat Very few or no harvestable trees occur Approximately 550 adult cows and 250 requirements of Susan’s purse-making at High Creek Fen, so logging there is calves were grazed in 2009, and this caddisfly elevate the likelihood that not a potential threat. From 1935 to level is expected to continue in the grazing-induced impacts would have a 1972, logging (particularly clear-cut future (Parmenter 2009b, pers. comm.). negative impact on this species. Despite logging) was conducted on VCNP Cattle were grazed in the pasture this possibility, no grazing impacts are (Valles Caldera Trust 2009, p. 164). surrounding the caddisfly location in apparent in the immediate vicinity of Logging ceased in 1972, as result of a 2008, but it was closed to grazing and Trout Creek Spring. Additionally, there lawsuit (Valles Caldera Trust 2009, p. herding in 2009 (Parmenter 2010, pers. is no evidence that sedimentation from 164). Only minor selective logging has comm.). The pasture is expected to grazing in the Chubb Park Allotment is occurred since 1972, and it is expected remain closed to grazing and herding in currently affecting Trout Creek Spring that some thinning of second growth the future (Parmenter 2010, pers. and effects are unlikely in the forests will continue to occur to prevent comm.). foreseeable future, considering current massive wildfires. However, no The primary native grazer in the and adaptive management commercial logging is proposed VCNP is elk, with numbers of resident commitments. Grazing does not occur (Parmenter 2009b, pers. comm.). There elk typically about 2,500 (Valles Caldera around the High Creek Fen caddisfly may be higher spring snowmelt from

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thinning of trees, and possibly increased amount of sediment deposited in Trout in the Trout Creek watershed could add sedimentation, but the Science and Creek Spring. Since activities under the sediment from the burning and thinning Education Director of VCNP believes fuel reduction project have not yet activities (USFS 2007a, map 2.3). The there should be minimal impact to the occurred, it is presently unknown what proposed Ranch of the Rockies timber caddisfly (Parmenter 2010, pers. effects the predicted sediment increase sale does not involve burning (USFS comm.). We do not expect any impacts will have on Susan’s purse-making 2007b, pp. 1-3). Of course, natural to the caddisfly or its habitat from caddisfly. wildfires could have the same effect as logging in the High Creek Fen and Historic timber activities resulted in the prescribed burns or a more VCNP areas. about 50 percent of VCNP being logged, significant effect if burn intensity is with over 1,600 km (1,000 mi) of 1960s- high. However, the thinning and Logging Roads era logging roads (Valles Caldera Trust prescribed burning program is intended Disturbance associated with logging 2009, p. 164) being built in winding and to reduce fuel loads to prevent high road construction and operation is a spiraling patterns around hills (Valles intensity wildfires. significant source of sediment load in Caldera Trust 2009, pp. 59-60). The Prescribed burning does not take streams (Cederholm et al. 1980, p. 25). logging resulted in accelerated run-off place at High Creek Fen (Schulz 2009, Unpaved permanent or temporary roads and erosion that is still evident or active pers. comm.). At VCNP, natural fire are a primary source of sediment in to some extent including continued patterns were disrupted in the late forested watersheds (Vora 1988, pp. 117, erosion in gullies and roads 1800s with the introduction of livestock, 119; Sugden and Woods 2007, p. 193). immediately adjacent to Jaramillo Creek human activities, and intentional fire Similar to the effects of livestock grazing (Parmenter 2010, pers. comm.; Valles suppression (Valles Caldera Trust 2009, on aquatic habitats, roads remove Caldera Trust 2009, p. 60). However, the pp. 96-97). Natural fire events have not vegetation, compact soil (reducing water run-off has been reduced by natural occurred in VCNP in many years. infiltration), increase erosion and revegetation of grasses, forbs, and small Prescribed fire at VCNP has been sedimentation, increase the amount of trees and only minimal administrative limited, with only one burn in 2004 that surface runoff and change its pattern, use of logging roads (Parmenter 2010, is described as creating a positive introduce contaminants, and facilitate pers. comm.). Jaramillo Creek has vegetation response (Valles Caldera the spread of invasive plant species improved with better management and Trust 2009, p. 97). A prescribed fire (Anderson 1996, pp. 1-13; Forman and is currently considered in good plan is expected to be developed (Valles Alexander 1998, pp. 210, 216-221; Jones ecological condition (Valles Caldera Caldera Trust 2009, p. 97), as there is et al. 2000, pp. 77-82; Trombulak and Trust 2009, p. 68). Assuming that the concern for massive fires to occur Frissell 2000, pp. 19, 24; Gucinski et al. adult caddisfly found next to Jaramillo (Parmenter 2009b, pers. comm.). 2001, pp. 12-15, 22-32, 40-42; Creek was hatched from nearby larval Massive fires uphill or upstream of the Angermeier et al. 2004, pp. 19-24). The habitat, sedimentation from logging caddisfly capture location would likely cumulative effects on streams include roads does not appear to be a threat to have a much greater effect on the increases in siltation, increases in Susan’s purse-making caddisfly habitat caddisfly as there would be less nonpoint source pollution, increases in in the area now or in the foreseeable vegetation to hold soil in place. water temperatures, and decreases in future. However, thinning of secondary growth dissolved oxygen levels. Since the should help prevent massive fires in the Fire caddisfly appears to inhabit springs future (Parmenter 2009b, pers. comm.). with high dissolved oxygen, relatively In addition to logging, the North Trout In summary, proposed logging low and stable water temperatures, and Creek Project involves prescribed burns activities and prescribed burning low trace metals (Flint and Herrmann (USFS 2007a, map 2.3). Regular burns activities in the Trout Creek Spring 1976, p. 897), we investigated the conducted around the area of Trout watershed could potentially have possibility that the cumulative effects of Creek Spring could have a negative negative impacts on the caddisfly by roads could threaten the caddisfly. impact on stream quality, because increasing the sediment load in Trout The North Trout Creek Project would burning has been shown to affect Creek. None of these activities is not create new permanent roads, but aquatic habitats and watersheds in a occurring at present, so there is no would allow creation of about 10 km (6 variety of ways (Neary et al. 2005, pp. evidence of immediate impacts. If mi) of new temporary roads and reopen 1-250). For example, mechanical site sediment transport does increase as a 16 km (10 mi) of existing closed roads preparation and road construction result of future logging and burning (USFS 2007a, p. 83). The sediment yield needed to conduct prescribed burns can activities, it is unknown if the sediment from construction of temporary roads lead to increased erosion and sediment will be deposited in Trout Creek Spring and reopening of closed roads production, especially on steep terrain to an extent where it will affect the associated with the fuel reduction (Neary et al. 2005, pp. 54, 56, 58). caddisfly. Sediment transport and project is estimated to be 41.2 tons/year, Removal of leaf litter from the soil deposition to the caddisfly habitat in the with 9.3 times greater sediment load in surface through burning can lead to foreseeable future may be ameliorated the Trout Creek watershed predicted reduced water infiltration into the soil, by increased vegetation in the upper from the action versus no action increasing the amount of surface runoff Trout Creek watershed under current alternatives (USFS 2007a, p. 83). into streams. Additionally, ash grazing management. The VCNP is still However, it is uncertain if the sediment depositions following a fire can affect experiencing some erosion from logging- will be deposited at, and affect the the pH of water. Negative impacts may related roads developed before 1972, but caddisfly or its habitat in, Trout Creek be exacerbated by burning slash piles, Jaramillo Creek is in good ecological Spring, especially with actions since the fire intensity is greater when condition and continues to improve. described above improving the riparian the fuel is piled in a small area, which Since the adult caddisfly has limited area upstream of Trout Creek Spring. can have a stronger impact on the dispersal, suggesting larval habitat is The riparian vegetation in the underlying soil (Neary et al. 2005, p. nearby, the caddisfly’s existence in ephemeral upper Trout Creek channel 83). No prescribed burns will occur Jaramillo Creek indicates that will likely act as a sediment trap, immediately around or upstream of sedimentation effects from logging roads thereby limiting the rate and average Trout Creek Spring, but burns higher up do not appear to be having significant

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impacts. Erosion and sedimentation is 2007, p. 2). The area surrounding High Roads not expected to be a threat in the Creek Fen is currently being protected, foreseeable future with increased but the fen itself is fed by groundwater In addition to roads associated with vegetation, minimal logging, and sources. Sustained or increasing hazardous fuel reduction projects as minimal logging road use. groundwater removal of water sources described above, Trout Creek Spring for the fen could have a deleterious may be impacted by Highway 285 and Dewatering of Spring Habitats effect on the hydrology of the fen and County Road 309 (USFS 2007a, map Reduction of stream flow due to the invertebrate species it supports, 2.3). Highway 285, which receives increased groundwater use and water including Susan’s purse-making heavy traffic, runs within 30 m (100 ft) diversion can have a dramatic impact on caddisfly. of Trout Creek Spring on the eastern stream habitat and associated However, we have no information to side of the spring. Roads accumulate a macroinvertebrate communities. quantify the magnitude or temporal variety of contaminants including brake Artificial flow reductions frequently aspect of potential effects from dust, heavy metals, and organic lead to changes, such as decreased water groundwater withdrawal. TNC believes pollutants, which can be carried into depth, increased sedimentation, and the water sources for the fen are fairly streams by overland runoff (Forman and altered water temperature and secure because there are conservation Alexander 1998, pp. 219-221; chemistry, whichh can reduce or easements to the west (upstream) of the Trombulak and Frissell 2000, pp. 19, 22- influence macroinvertebrate numbers, fen on private land, and water use in a 24; Gucinski et al. 2001, pp. 40-42). richness, competition, predation, and sub-development around Warm Springs Highway 285 receives a sand and 3- other interactions (Dewson et al. 2007, uses water that does not appear to be percent road salt mixture as a pp. 401-411). supporting High Creek Fen (Schulz wintertime deicer (Cady 2009, pers. The development of springs in the 2009, pers. comm.). Additionally, the comm.). Based on the condition of upper Trout Creek watershed could CSLB and Colorado Natural Areas vegetation around the spring, there is no affect the hydrology of remaining Program (CNAP) signed an article of indication of any effects from the sand/ springs and streams, in addition to designation in 2001 to conserve 972 ha salt mixture (Ireland 2009, pp. 1-2). reducing potential new habitat for (2,401 ac) of CSLB land on the north County Road 309, which is immediately Susan’s purse-making caddisfly side of the fen, and land on Black above the spring on the west side, colonization. Trout Creek Spring itself is Mountain to the west of the fen, for the receives occasional snow plowing for a not currently proposed for livestock protection of the land and at least one short distance up to a private residence water development, but a well installed water source (CNAP 2001, pp. 1-7). The (Gaines 2009b, pers. comm.) and also in 2005 pumps water from the upper land is included as a State Natural Area may occasionally get graded, which can ephemeral part of Trout Creek (USFS under CNAP. increase the rate of erosion and deliver 2008a, Appendix 3 Chubb Park C&H, p. The VCNP contains 136 earthen stock increased silt loads to Trout Creek 5). The well is 70 m (220 ft) deep and ponds with about 30 percent of the Spring (Gucinski et al. 2001, pp. 12-15). diverts 15 liters (4 gallons) per minute, ponds failing and causing erosion and However, there is no recent information but it is not known what percentage of sedimentation (Valles Caldera Trust on water quality or sedimentation at the available water this constitutes 2009, pp. 24, 93). However, only two to Trout Creek Spring to assess whether (USFS 2009, p. 6). Another six four appear to be in the Jaramillo Creek these factors are impacting Susan’s developments are planned in ephemeral drainage, and the amount of purse-making caddisfly habitat. tributaries to Trout Creek, consisting of sedimentation they cause is minor Highway 285 crosses High Creek on water piped from six seeps to nearby (Parmenter 2009b, pers. comm.). The the western side of High Creek Fen. stock tanks (USFS 2008a, Appendix 1 stock ponds capture snowmelt and There also is a little-used dirt access Chubb Park C&H Range Improvements, rainwater and do not require water road about 300 m (938 ft) north of High p. l). The exact groundwater source or delivery from streams (Parmenter 2009b, Creek Fen. Neither the highway nor the sources for Trout Creek Spring are pers. comm.). No water is diverted from dirt road appears to be causing impacts unknown, and no study was conducted Jaramillo Creek (Parmenter 2009b, pers. to the caddisfly’s habitat, as water on the existing well to determine if it is comm.), and no additional water use is quality appears good (Cooper 1996) and capturing groundwater from a tributary expected in the foreseeable future in to Trout Creek Spring (USFS 2008c, p. VCNP (Parmenter 2009c, pers. comm.). an adult caddisfly and pupae were 34). Trout Creek Spring discharge will In summary, the restricted found there in 2009 (Ireland 2009, p. 1; be measured twice yearly to determine distribution and narrow habitat Ruiter 2009b, pers. comm.). if water use in Chubb Park is affecting requirements of Susan’s purse-making One maintained dirt road crosses caddisfly habitat (USFS 2008a, p. 43). caddisfly make it possible that human- Jaramillo Creek next to the collection The USFS has not identified what induced alterations in stream hydrology site in VCNP and continues north on the actions it will take if spring discharge is and water chemistry, such as what eastern side of the creek for about 2.4 found to be less than previous years could occur from dewatering of spring km (1.5 mi). It is unknown how much (USFS 2010, p. 2). habitats, would have a negative impact sediment this contributes to the creek, High Creek Fen is part of a 464-ha on this species. Although groundwater but it may contribute some. This road (1,147-ac) preserve owned and managed development in the areas around connects with another approximately by TNC. Park County, where the caddisfly habitat has the potential to 2.4 km (1.5 mi) upslope from the preserve is located, has experienced impact springs and streams, we do not caddisfly capture site. The second significant population increases since have any data showing that quantity of follows upper Jaramillo Creek for about the 1990s (Miller and Ortiz 2007, p. 2). water has been lowered to date. 5 km (3 mi) and deposits sediment into Population growth in this area is Consequently, the information that we the creek during rainstorms (Parmenter accompanied by an increased demand do have does not indicate that 2009b, pers. comm.). These roads are for fresh drinking water. In 2000, 89 dewatering is currently occurring and not open in the winter and no salt, percent of the population of Park impacting caddisfly habitat or that it chemicals, or herbicides are used along County received water from will impact the caddisfly in the them (Parmenter 2009b, pers. comm.), groundwater sources (Miller and Ortiz foreseeable future. so road contaminants are not an issue

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around the known caddisfly location in and disturb habitat. However, the last century in the central Rocky VCNP. proximity to Highway 285, steep slopes Mountain region (Rood et al. 2005, p. In summary, the restricted off of County Road 309, and open, 231). distribution and narrow habitat narrow riparian zone limits the Effects of global climate change are requirements of Susan’s purse-making desirability for camping at the spring. anticipated to include warming in the caddisfly make it possible that road People may occasionally go down to western mountains, causing snowpack contaminants could have a negative Trout Creek Spring proper for water, but and ice to melt earlier in the season impact on this species. However, the if so, this occurrence appears to be (Field et al. 2007, pp. 627, 632, 635). available evidence does not support a limited as no sign of trampled These changes could lead to both conclusion that roads in and near vegetation or other impacts were increased flooding early in the spring, Susan’s purse-making caddisfly habitat evident during the July 2009 site visit. and drier summer conditions, are negatively impacting water quality People also may use the ‘‘parking area’’ particularly in the arid western areas, or habitat at present or will do so in the on the downstream side of the Highway which rely on snowmelt to sustain foreseeable future. 285 bridge to obtain water from Trout stream flows. Spring and summer snow cover has already been documented as Recreation Creek, to fish, or to temporarily use the area for other purposes. However, the decreasing in the western United States, Population growth in central Colorado impact of people using the area below and drought has become more frequent has led to increased numbers of the bridge is likely minimal or non- and intense (Intergovernmental Panel on recreational users. The population of existent since the caddisfly has only Climate Change (IPCC) 2007, pp. 8, 12). Chaffee County increased 28.1 percent been collected upstream between the Major hydrologic events, such as floods from 1990 to 2000, with much of the bridge and spring (Flint and Herrmann and droughts, are projected to increase growth occurring in unincorporated 1976, p. 898; Herrmann 2010, pers. in frequency and intensity (IPCC 2007, areas, and the population of Colorado is comm.). More specimens of another p. 18). Erosion also is projected to expected to increase by about 50 percent caddisfly, O. logana (no common name), increase as the result of a combination within the next 20 to 25 years (Chaffee were collected at the bridge site than at of factors, such as decreased soil County Comprehensive Plan 2000, p. the spring. Consequently, Flint and stability from higher temperatures and 10). A study of outdoor recreation Herrmann (1976, p. 898) hypothesized reduced soil moisture, and increases in trends in the United States found that O. logana replaces Susan’s purse- winds and high intensity storms (IPCC increases in participation in most of the making caddisfly in Trout Creek as it 2007, pp. 12, 14, 15, 18). However, IPCC activities surveyed, which included gets farther away from the spring. (2007) data can only predict on a bicycling, primitive or developed-area Additionally, Herrmann (2010, pers. regional scale and are not predictive of camping, bird watching, hiking, comm.) has never collected the conditions at specific sites. Ray et al. backpacking, and snowmobiling caddisfly downstream of the bridge. (2008) predict that Colorado will warm (Cordell et al. 1999, pp. 219-321). High Creek Fen is accessible to the by about 1 degree Celsius (°C) (2.5 Additionally, on the national level, off- public, but recreation of any kind is not degrees Fahrenheit (°F)) by 2025 and by road vehicle (ORV) usage has risen known to be a threat (Schulz 2009, pers. about 2 °C (4.0 °F) by 2050. Most of the substantially. The number of people comm.). The VCNP allows public observed snowpack loss in Colorado has who reported engaging in ORV activities access, with thousands of visitors occurred below 2,500 m (8,200 ft) with rose by 8 million individuals between annually (Valles Caldera Trust 2009, p. snowpack loss above this elevation 1982 and 1995, and an increase of 16 142). However, VCNP uses reservations predicted at between 10 and 20 percent percent nationally is anticipated during and a lottery to manage popular (Ray et al. 2008). With the lowest known the next 50 years (Bowker et al. 1999, recreation activities or limits events to caddisfly site in Colorado (Trout Creek pp. 339-340; Garber-Yonts 2005, p. 30). certain days and times (Valles Caldera Spring) occurring at 2,750 m (9,020 ORV use can negatively impact Trust 2009, p. 212). Recreation is feet), the chance of effects from conditions in riparian areas through monitored, and no impacts from hydrological change and a warming damage to riparian vegetation and recreational activities have been noted climate is lessened. stream banks, leading to increased in caddisfly habitat (Parmenter 2009b, There is evidence that the sedimentation. pers. comm.). No ORV use is allowed in temperature has been rising at VCNP ORV impacts have been documented VCNP (Parmenter 2009c, pers. comm.). since 1914 (Parmenter 2009a, pers. at Trout Creek Spring (USFS 2007c, pp. An environmental impact statement for comm.; Parmenter 2009b, pers. comm.) 2-3). However, ORV use is restricted to public access and use is being prepared and that precipitation has been existing roads in the Trout Creek (Parmenter 2009b, pers. comm.). dropping (Parmenter 2009b, pers. Spring/Chubb Park area (USFS 2010, p. In summary, although recreation is comm.). Average annual temperatures at 2). The likelihood of future ORV use growing nationwide, the available Jemez Springs, New Mexico, which is impacting the caddisfly’s habitat at information does not support a about 16 km (10 mi) south of VCNP, Trout Creek Spring is low due to fences conclusion that any of the sites rose from about 10.3 °C (50.5 °F) in 1914 above and below the spring as well as inhabited by Susan’s purse-making to 11.7 °C (53 °F) in 2005 (Parmenter steep slopes down to the spring. ORV caddisfly are being negatively impacted 2009b). The mean January temperature use in the Chubb Park Allotment could by recreational activities or that they rose from about 0 to 1 °C (32 to 34 °F) contribute sediment to Trout Creek will be in the foreseeable future. during this time period (Parmenter through vegetation destruction and 2009b). The mean July temperature erosion, but road-restricted ORV use Global Climate Change increase stands out as it increased from should greatly limit ORV-caused The effects of global climate change about 20.6 to 23.1 °C (69 to 73.5 °F) from sedimentation. are being assessed in North America and 1914 to 2005 (Parmenter 2009b). The Damage to Trout Creek Spring also is throughout the world, and changes in average annual precipitation at Jemez possible from water withdrawal by precipitation patterns, stream Springs decreased from about 46 campers (USFS 2007c, p. 2). Increased hydrology, and bloom time have already centimeters (cm) (18 inches (in)) to just human passage to the spring to obtain been observed. Stream flows decreased over 38 cm (15 in) from 1914 to 2005 water could damage the riparian zone by about 2 percent per decade across the (Parmenter 2009b). In 2006, following a

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very dry winter and spring, Jaramillo over a longer period. Additionally, the population sizes, it is possible that Creek went dry for 30 days (Valles high elevation of the Colorado sites are disease or predation could pose a threat Caldera Trust 2009, p. 68). This was the expected to shield the caddisfly from in the future. However, we have no driest period in 112 years of records potentially negative consequences of evidence to suggest that disease or (Parmenter 2009a, pers. comm.). warmer and drier conditions within the predation will be a threat to the species. However, the caddisfly was found in foreseeable future. The available data do Consequently, we conclude that the best 2008 on Jaramillo Creek. Consequently, not support the conclusion that scientific and commercial information Susan’s purse-making caddisfly larvae potential threats are currently impacting available indicates that Susan’s purse- may survive in springs that had some Susan’s purse-making caddisfly habitat making caddisfly is not now, nor in the water in them in 2006, or the caddisfly or that they will impact the caddisfly foreseeable future, threatened by disease could have recolonized Jaramillo Creek habitat in the foreseeable future. or predation to the extent that listing since 2006 from some nearby refuge or Therefore, we conclude that the best under the Act as a threatened or drainage that was not dry in 2006. We scientific and commercial information endangered species is warranted. are not aware of any historical available indicates that Susan’s purse- temperature or precipitation data that making caddisfly is not threatened by D. The Inadequacy of Existing have been compiled or analyzed for the the present or threatened destruction, Regulatory Mechanisms Trout Creek area or High Creek Fen area. modification, or curtailment of its Federal In summary, based on predictions habitat or range. Susan’s purse-making caddisfly is from IPCC over the next 40 years, the listed as a U.S. Forest Service (USFS) western United States is predicted to get B. Overutilization for Commercial, Region 2 sensitive species (USFS 2007c, warmer and dryer and have altered Recreational, Scientific, or Educational hydrologic cycles. Despite these Purposes pp. 1-3). The Forest Service Manual predicted changes, the caddisfly does Susan’s purse-making caddisfly is (FSM) has direction for management appear to have the ability to adapt to only known to occur at three sites, so its and conservation of sensitive species warmer and drier conditions from rarity may pose a collection threat. (FSM 2670.31-2670.32). The FSM states observations of weather patterns around However, the only people known to that the USFS will: (1) Integrate the VCNP site. Furthermore, the high collect the caddisfly in any number are available scientific information, elevations that the caddisfly occurs at in Dr. Scott Herrmann and his students in including Regional species evaluations, Colorado will help shield it from 1974 and 1975 (Flint and Herrmann species and ecosystem assessments, and climate change effects. 1976, p. 898). Because of the high conservation strategies, into USFS fecundity of insects, their collection planning and implementation; (2) Summary of Factor A typically poses little threat to their Conduct appropriate inventories and Although we have identified potential populations (Xerces Society et al. 2008, monitoring of sensitive species to impacts to the caddisfly from livestock p. 15), but it is nonetheless possible to improve knowledge of distribution, grazing, hazardous fuel reduction overcollect a species that occurs in status, and responses to management activities, logging roads, prescribed fire, relatively isolated habitat areas. We do activities, coordinating efforts within current and proposed water not have evidence of any collections the Region and with other agencies and development, road sedimentation and since 1975 at Trout Creek Spring. Other partners where feasible; and (3) Analyze contamination, and recreation, the than a couple specimens collected and manage for sensitive species in a available information does not support during the July 2009 field trip at High manner to realize efficiencies of multi- a conclusion that these actions are Creek Fen (2009, p. 2) and a subsequent species and ecosystem management currently impacting the caddisfly. visit in August 2009 (Ruiter 2009b, pers. approaches. Current management practices and comm.), we do not have evidence of any Potential impacts to Susan’s purse- restrictions appear to adequately control other collections since 1995 at High making caddisfly were not addressed in these potential impacts so that they do Creek Fen. planning documents for the North Trout not pose a substantial threat to the Creek Project (USFS 2007a, p. 48) or the caddisfly. Additionally, there is Summary of Factor B Ranch of the Rockies Timber Sale currently no reliable way to predict if There is no evidence that Project (USFS 2007b, pp. 1-3). The sediment and upstream water overutilization has been a threat to USFS is not bound to apply sensitive development will affect the caddisfly in Susan’s purse-making caddisfly. species policies if an ongoing project’s the future. Further, even though small collections Environmental Assessment (EA) under Climate change could pose a problem will likely continue to occur absent any the National Environmental Policy Act to Susan’s purse-making caddisfly if permitting requirements, we do not (NEPA) (42 U.S.C. 4231 et seq.) was water levels, water temperature, or other believe these collections will constitute written prior to designation of a habitat variables that affect the caddisfly a threat to the species. Therefore, we sensitive species, but the USFS could change as a result of global warming. conclude that the best scientific and choose to apply sensitive species However, there is currently no model or commercial information available policies to those projects (Gaines 2010, supporting information that can reliably indicates that Susan’s purse-making pers. comm.). As discussed under Factor or credibly predict climate change caddisfly is not now, nor in the A (Livestock Grazing), the Final Grazing effects at a local enough scale to foreseeable future, threatened by EA did address the caddisfly (USFS ascertain whether climate change is, or overutilization for commercial, 2008a). The Final Grazing EA states that will become, a threat to Susan’s purse- recreational, scientific, or educational Trout Creek Spring discharge will be making caddisfly. Furthermore, despite purposes. measured twice yearly to determine if an extremely dry year in 2006, the up-valley water use (in Chubb Park) is caddisfly was able to persist in or C. Disease or Predation affecting the caddisfly’s habitat (USFS recolonize the Jaramillo Creek area, Neither disease nor predation is 2008a, p. 43). The USFS does not indicating that the species can survive known to be a threat to Susan’s purse- currently know if a well upstream of the with at least occasional dry years and making caddisfly. Given only three caddisfly’s habitat used for cattle perhaps with decreased precipitation known locations and unknown watering contributes to Trout Creek

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Spring. However, to reduce water usage, for multiple use and sustained yield of the same grazing seasons as the USFS the USFS put float valves on the stock renewable resources within the land and combines AUMs to manage the tanks so that water only runs when the preserve, consistent with this title’’ Chubb Park Allotment as a single cows have lowered the water level in (VCPA sec. 105 [b]) (Valles Caldera allotment. the tanks or when minor evaporative Trust 2003, p. 47). As described above, The CSLB also owns part of High loss occurs (USFS 2008a, p. 108). If the the Preserve is federally owned but run Creek Fen and much of Black Mountain, float valves are not working, an by a nine member Board of Trustees which provides at least one source of overflow valve at the well will return (Valles Caldera Trust 2003, pp. 46-47). water to High Creek Fen (Cooper 1996, water to the drainage upstream of Trout The VCNP Board of Trustees allows for p. 1803). The CSLB and Colorado Creek. Additionally, when the cattle are public input in management decisions Natural Areas Program (CNAP) not grazing in Chubb Park, the water through public review of draft designated 972 ha (2,401 ac) of land to will be turned off (USFS 2008a, p. 108). environmental assessments and a the north of TNC-owned land and to the Grazing was conducted for only 41 days variety of other avenues (Valles Caldera west on Black Mountain as a State in fall 2009 (USFS 2009, p. 4), and Trust 2003, pp. 75-81). The multiple-use Natural Area to help conserve land and desired vegetative utilization levels mandate does create the potential for water for the fen (CNAP 2001, pp. 1-7). were not exceeded (USFS 2009, p. 4). conflicts with management of the In addition to the CSLB land, the CNAP An electric fence also was installed caddisfly; however, it also provides also designated 464 ha (1,147 ac) of along 8 km (5 mi) of riparian habitat wildlife protection and, based on recent TNC-owned land in 1994 as the High upstream of Trout Creek Spring that information provided in Factor A, the Creek Fen State Natural Area (CNAP prevented grazing there (USFS 2009, p. Service finds that adequate regulatory 1994, pp. 1-7). The 2001 designation 5). These actions illustrate that mechanisms are being implemented to was an addition to the High Creek Fen regulatory mechanisms can and are conserve the caddisfly. State Natural Area designation of 1994. being implemented by the USFS. For all projects on Federal land, or The caddisfly was not listed as a reason The USFS assumes presence of the that are federally funded or authorized, for the designations, but the caddisfly in suitable habitat unless an EA or environmental impact designations do help protect the adequate surveys determine otherwise statement will be prepared under NEPA. caddisfly by limiting resource (USFS 2008a, p. 103). Although the Categorical exclusion documents also development and protecting water USFS does not know what the desired could be prepared under NEPA for sources. projects if they are determined to be conditions should be for the caddisfly, The Nature Conservancy they are managing the riparian area minor and would not affect rare or The Nature Conservancy (TNC) owns around Trout Creek Spring with the sensitive species. Therefore, because the 464 ha (1,147 ac) of land and habitat for desired future condition for suitable caddisfly has been designated a the caddisfly at High Creek Fen. The habitat for all aquatic species (USFS sensitive species, NEPA documents can provide protection to the caddisfly by actual amount of Susan’s purse-making 2008a, p. 105). This includes: caddisfly habitat protected on TNC land • assessing impacts to the caddisfly and A riparian plant community that is presenting actions to avoid or minimize has not been calculated, nor is the meeting or moving toward at least any impacts. The Clean Water Act of extent of occupied habitat known on a mid-seral class (a suite of 1977 (33 U.S.C. 1251 et seq.) also may High Creek or within the fen proper. vegetation that is in the middle of provide indirect protection to the Additionally, TNC has facilitated the natural succession process); several private land conservation • caddisfly. This law was written to The presence of healthy and self- restore and maintain the chemical, easements (of unknown area) around perpetuating riparian plant physical, and biological integrity of the and upstream of High Creek Fen for the communities; Nation’s waters. States have authority fen’s protection (TNC 2009, pp. 1-2). Although TNC is a not a regulatory • over water rights. The USFS must Compliance with State and Federal comply with Federal, State, and local agency and cannot enact State or water quality standards; • water quality laws and rules, coordinate Federal regulations, their primary The presence of stable and well- actions that affect water quality with mission is to protect native ecosystems. vegetated shorelines with States, and control nonpoint source TNC’s current management plan (TNC appropriate species; • pollution (USFS 2008a, p. 24). 1993, pp. 1-14) does not specifically The presence of suitable habitat for mention protection of Susan’s purse- viable populations of aquatic State making caddisfly, but general invertebrates; and The Susan’s purse-making caddisfly is • protections for the fen provide The absence of upstream deplections not a State-protected species in either protection for the caddisfly by that would reduce the Trout Creek Colorado or New Mexico. Title 33, eliminating peat extraction and housing Spring discharge. Article 1-102 of the Colorado Revised development in and around the fen and The Valles Caldera National Preserve Statutes defines wildlife in Colorado as by managing the area to maintain a (VCNP) does not have specific vertebrates, mollusks, and crustaceans; natural hydrologic and vegetative state. regulations protecting the Susan’s therefore, caddisflies are not eligible for Consequently, the Service believes the purse-making caddisfly, as the species protection by the State. Likewise, High Creek Fen site is adequately was not known to occur there until June Chapter 17, Article 2 of the New Mexico protected. 2009 (Flint 2009b, pers. comm.). Statutes does not include non-mollusk However, the occupied site lies within or crustacean invertebrates in its Summary of Factor D a national preserve created by the Valles definition of wildlife. Susan’s purse-making caddisfly is a Caldera Preservation Act of July 25, The Colorado State Land Board USFS Sensitive Species. Despite the 2000. The VCNP was created ‘‘to protect (CSLB), a Colorado State government caddisfly not being addressed in the and preserve the scientific, scenic, entity, owns about 1,215 ha (3,000 ac) EAs for the North Trout Creek Project geologic, watershed, fish, wildlife, in Chubb Park as part of the Chubb Park (USFS 2007a) or the Ranch of the historic, cultural, and recreational Allotment. The CSLB cooperates with Rockies Timber Sale Project (USFS values of the preserve, and to provide the USFS and manages the land with 2007b), we believe that sensitive species

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direction provided in the Forest Service potential threat to the species. Small Sensitive Species Form states that Manual (FSM) (FSM 2670.31-2670.32) populations are generally at greater risk extensive surveys have taken place will continue to be followed under the of extirpation from normal population (USFS 2007c), species experts agree that EA for the Rangeland Allotment fluctuations due to predation, disease, more populations could exist, especially Management Planning in the Salida- and changing food supply, as well as in light of the New Mexico discovery Leadville Planning Area (USFS 2008a) from stochastic (random) events such as (Jacobi 2009, pers. comm.; Kondratieff and the Decision Notice and Finding of floods or droughts (Xerces Society et al. 2010, pers. comm.; Ruiter 2010, pers. No Signficant Impact for the project 2008, p. 15). However, we do not comm.). consider rarity alone, without (USFS 2008b). The project area for the Summary of Factor E Rangeland Allotment Management corroborating information regarding Planning in the Salida-Leadville threats, to meet the information Although the limited distribution and Planning Area (USFS 2008a) includes threshold indicating that the species presumably small size of the three the areas addressed in the North Trout may warrant listing. In the absence of populations of Susan’s purse-making Creek Project (USFS 2007a) and the information identifying threats to the caddisfly could be a concern, there is no proposed Ranch of the Rockies Timber species and linking those threats to the current evidence that the caddisfly is Sale Project (USFS 2007b). rarity of the species, the Service does being impacted as a result of small Consequently, adequate regulatory not consider rarity alone to be a threat. population size or stochastic events. mechanisms exist to protect the species Further, a species that has always had Consequently, we conclude that the best and its habitat at Trout Creek Spring. If small population sizes or been rare, yet scientific and commercial information other locations of the caddisfly are continues to survive, could be well- available indicates that Susan’s purse- discovered on USFS land, the sensitive equipped to continue to exist into the making caddisfly is not now, nor in the species policies also would apply. future. Many naturally rare species have foreseeable future, threatened by other The CSLB cooperatively manages its persisted for long periods within small natural or manmade factors affecting the lands above Trout Creek and at High geographic areas, and many naturally species’ continued existence. Creek Fen with the USFS and TNC, rare species exhibit traits that allow Finding respectively, so even though the State of them to persist despite their small As required by the Act, we considered Colorado does not recognize population sizes. Consequently, that fact that a species is rare or has small the five factors in assessing whether invertebrates as wildlife, cooperative Susan’s purse-making caddisfly is grazing management provides adequate populations does not necessarily indicate that it may be in danger of threatened or endangered throughout all regulatory mechanisms around the or a significant portion of its range. We known locations of the caddisfly. TNC extinction now or in the foreseeable future. We need to consider specific have carefully examined the best and CSLB own a majority of the land scientific and commercial information around High Creek Fen, and the lack of potential threats that might be exacerbated by rarity or small available regarding the past, present, development and the conservation of and future threats faced by the species. the land through State Natural Area population size. Due to the presumed limited dispersal We reviewed the petition, information designation and implementation of a available in our files, and other habitat management plan help to protect ability of Susan’s purse-making caddisfly between the known available published and unpublished the fen. The designation and information, and we consulted with management of VCNP provides populations, loss of genetic variability and reduced fitness due to inbreeding recognized caddisfly experts, other adequate protection to the caddisfly site Federal agencies, and non-governmental by preserving the land from housing could occur (Bjjlsma et al. 2000, p. 502; Saccheri et al. 1998, p. 491; Xerces entities. On the basis of the best development; limiting and managing scientific and commercial information recreational use, logging, road use, and Society et al. 2008, p. 15). However, we could find no specific literature available, we find that Susan’s purse- domestic livestock use (thereby making caddisfly is not in danger of allowing natural revegetation); reducing addressing genetic effects in caddisflies. Although low genetic variability and extinction (endangered) now, or likely sedimentation; and preserving water reduced fitness from inbreeding could to become endangered within the resources. We believe that these occur, at this time we have no evidence foreseeable future (threatened), management plans and regulatory that genetic problems are occurring. throughout all or a significant portion of mechanisms provide conservation Based on the limited available its range. Therefore, we find that listing benefit to the species now and into the information, and fact that the caddisfly Susan’s purse-making caddisfly as a foreseeable future. threatened or an endangered species is We conclude that the best scientific has survived for an unknown number of years, we conclude that genetic not warranted throughout all or a and commercial information available variability and reduced fitness are not significant portion of its range at this indicates that Susan’s purse-making an imminent threat now or in the time. caddisfly is not now, or in the foreseeable future. Although we have This species is only known from three foreseeable future, threatened by only known of the species’ existence locations, and there is limited scientific inadequate existing regulatory since 1974 (Flint and Herrmann 1976), information available regarding its basic mechanisms. it has likely historically survived floods, biology, life cycle, and habitat E. Other Natural or Manmade Factors drought, and other stochastic events. We preferences. There is no available Affecting the Species’ Continued do not believe that such stochastic information regarding population sizes Existence events would eliminate all of the or trends at any of the known locations. populations at one time or place the Additional research and a species- Small Population Size and Stochastic species at risk of extinction within the specific survey effort are needed. We do Events foreseeable future. have information regarding ongoing and Since we do not know the caddisfly Further, with the discovery of the potential future activities adjacent to population size at any of the known adult caddisfly at VCNP, the potential each of the sites as described above. locations, we considered whether small range of the caddisfly has expanded Our finding is based on the best population size or rarity might pose a significantly. Although the USFS’ available information that does not

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support a detrmination that any current the species is in danger of extinction or is significant and the species is activities are impacting the caddisfly or is likely to become endangered in the threatened or endangered there, the its known habitats, and on current foreseeable future. Service will specify that portion of the management practices and protections On March 16, 2007, a formal opinion range as threatened or endangered that would limit or prevent possible was issued by the Solicitor of the under section 4(c)(1) of the Act. negative impacts. Although there are Department of the Interior, ‘‘The To determine whether any portions of projects proposed that could potentially Meaning of ‘In Danger of Extinction the range of Susan’s purse-making impact occupied caddisfly habitats, Throughout All or a Significant Portion caddisfly warrant further consideration especially from sedimentation and of Its Range’’’ (USDI 2007c). That formal as possible endangered significant upstream water use that could reduce opinion informs our analysis that occurs portions of the range, we reviewed the spring flows, we have no credible below. A portion of a species’ range is supporting record for the status review information as to the potential effects of significant if it is part of the current done for this 12–month petition finding, the actions on the species or its habitat. range of the species and it contributes with respect to the geographic There is evidence that the VCNP area is substantially to the representation, concentration of threats and the getting warmer and dryer. However, resiliency, or redundancy of the species. significance of portions of the range to even if warmer and dryer trends The contribution must be at a level such the conservation of the species. In this continue, we do not know at what point that its loss would result in a decrease case, we first evaluated whether climate change may negatively impact in the ability to conserve the species. substantial information indicated (i) the the caddisfly. The caddisfly apparently In determining whether a species is threats are so concentrated in any survived the driest period in 112 years threatened or endangered in a portion of the species’ range that the at VCNP. Based on our current significant portion of its range, we first species may be currently in danger of knowledge of the species, the fact that identify any portions of the range of the extinction in that portion; and (ii) if so, it occurs in mid- to high-elevation sites species that warrant further whether those portions may be that appear less prone to climate change consideration. The range of a species significant to the conservation of the impacts, and the lack of local-scale can theoretically be divided into species. predictability of climate change effects, portions an infinite number of ways. Our rangewide review of the species we do not believe or have evidence that However, there is no purpose to concluded that Susan’s purse-making the species is threatened by climate analyzing portions of the range that are caddisfly is not endangered now or in change now or in the foreseeable future. not reasonably likely to be significant the foreseeable future. As described We do not believe overutilization for and threatened or endangered. To above, to establish whether any areas commercial, recreational, or scientific identify only those portions that warrant may warrant further consideration, we use under Factor B is a threat to the further consideration, we determine reviewed our analysis of the five listing species at this time. Neither disease nor whether there is substantial information factors to determine whether any of the predation under Factor C is known or indicating that: (1) The portions may be significant threats identified were so expected to be a threat to the species. significant, and (2) the species may be concentrated in any of the three known We believe adequate regulatory in danger of extinction there or likely to caddisfly populations, that some portion mechanisms under Factor D exist at the become so within the foreseeable future. of the caddisfly’s range may be in known locations to protect the caddisfly In practice, a key part of this analysis is danger of extinction now or in the and its habitat. For Factor E, we do not whether the threats are geographically foreseeable future. We found that none consider rarity or small populations concentrated in some way. If the threats of the potential threats evaluated in this alone to be a threat; there must be some to the species are essentially uniform rule act were specific to one population likely stressor acting on the species or throughout its range, no portion is likely or range of the caddisfly. Based on our its habitat that may affect the caddisfly’s to warrant further consideration. review of the record, the available status such that the species may be Moreover, if any concentration of information does not indicate that any threatened now or within the threats applies only to portions of the of the potential threats we evaluated foreseeable future. The information we species’ range that are not significant, were so concentrated as to find that have does not indicate that the caddisfly such portions will not warrant further some portion of the caddisfly’s range is being impacted genetically or in any consideration. qualifies as endangered. As a result, we other way, as a result of small If we identify portions that warrant have determined that the best available population size, or that it will become further consideration, we then data show that there are no portions of threatened or endangered in the determine whether the species is the range in which the threats are so foreseeable future due to stochastic threatened or endangered in these concentrated as to place the species in events. portions of its range. Depending on the danger of extinction now or in the biology of the species, its range, and the foreseeable future. Because we find that Distinct Vertebrate Population Segments threats it faces, the Service may address Susan’s purse-making caddisfly is not The species is not a vertebrate; either the significance question or the endangered in any portion of its range therefore, the Service’s Distinct status question first. Thus, if the Service now or in the foreseeable future, we Population Segment (DPS) policy does considers significance first and need not address the question of not apply. Thus, there are no population determines that a portion of the range is whether any portion may be significant. segments that qualify as a DPS under not significant, the Service need not Conclusion the Service’s DPS policy. determine whether the species is threatened or endangered there. Our review of the information Significant Portion of the Range Likewise, if the Service considers status pertaining to the five factors does not Having determined that Susan’s first and determines that the species is support the assertion that there are purse-making caddisfly does not meet not threatened or endangered in a significant threats acting on the species the definition of a threatened or portion of its range, the Service need not or its habitat that have rendered Susan’s endangered species, we must next determine if that portion is significant. purse-making caddisfly to be in danger consider whether there are any However, if the Service determines that of extinction or likely to become so in significant portions of the range where both a portion of the range of a species the foreseeable future, throughout all or

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a significant portion of its range. DEPARTMENT OF COMMERCE Scup, and Black Sea Bass Fishery Therefore, listing Susan’s purse-making Management Plan, which was published caddisfly as threatened or endangered National Oceanic and Atmospheric on December 17, 1993 (58 FR 65936), under the Act is not warranted at this Administration provided a mechanism for summer time. flounder quota to be transferred from 50 CFR Part 648 one state to another. Two or more states, We request that you submit any new under mutual agreement and with the information concerning the status of, or [Docket No. 0908191244–91427–02] concurrence of the Administrator, threats to, Susan’s purse-making RIN 0648–XV91 Northeast Region, NMFS (Regional caddisfly to our Western Colorado Field Administrator), can transfer or combine Fisheries of the Northeastern United Office (see ADDRESSES) whenever it summer flounder commercial quota States; Summer Flounder Fishery; becomes available. New information under § 648.100(d). The Regional Quota Transfer will help us monitor the caddisfly and Administrator is required to consider encourage its conservation. If an AGENCY: National Marine Fisheries the criteria set forth in § 648.100(d)(3) in emergency situation develops for the Service (NMFS), National Oceanic and the evaluation of requests for quota caddisfly, or any other species, we will Atmospheric Administration (NOAA), transfers or combinations. act to provide immediate protection. Commerce. North Carolina has agreed to transfer References Cited ACTION: Temporary rule; quota transfer. 84,150 lb (38,170 kg) of its 2010 commercial quota to Virginia. This A complete list of references cited is SUMMARY: NMFS announces that the transfer was prompted by summer available on the Internet at http:// State of North Carolina is transferring a flounder landings of 12 North Carolina www.regulations.gov and upon request portion of its 2010 commercial summer vessels that were granted safe harbor in from the Western Colorado Field Office flounder quota to the Commonwealth of Virginia due to mechanical problems (see ADDRESSES). Virginia. By this action, NMFS adjusts and severe weather conditions between the quotas and announces the revised January 20, 2010, and February 27, Authors commercial quota for each state 2010. The Regional Administrator has involved. determined that the criteria set forth in The primary authors of this notice are § 648.100(d)(3) have been met. The the staff members of the Western DATES: Effective April 22, 2010 through December 31, 2010. revised quotas for calendar year 2010 Colorado Field Office. are: North Carolina, 3,382,502 lb FOR FURTHER INFORMATION CONTACT: Authority (1,534,277 kg); and Virginia, 2,897,955 Sarah Heil, Fishery Management lb (1,314,490 kg). The authority for this action is the Specialist, 978–281–9257. Classification Endangered Species Act of 1973, as SUPPLEMENTARY INFORMATION: amended (16 U.S.C. 1531 et seq.). Regulations governing the summer This action is taken under 50 CFR flounder fishery are found at 50 CFR part 648 and is exempt from review Dated: April 12, 2010 part 648. The regulations require annual under Executive Order 12866. Daniel M. Ashe, specification of a commercial quota that Authority: 16 U.S.C. 1801 et seq. Deputy Director, U.S. Fish and Wildlife is apportioned among the coastal states Service. from North Carolina through Maine. The Dated: April 21, 2010. [FR Doc. 2010–9458 Filed 4–26– 10; 8:45 am] process to set the annual commercial James P. Burgess, BILLING CODE 4310–55–S quota and the percent allocated to each Acting Director, Office of Sustainable state are described in § 648.100. Fisheries, National Marine Fisheries Service. The final rule implementing [FR Doc. 2010–9725 Filed 4–22–10; 4:15 pm] Amendment 5 to the Summer Flounder, BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 75, No. 80

Tuesday, April 27, 2010

This section of the FEDERAL REGISTER Washington, DC. Comments can also be services. (The 2009 user fee for contains notices to the public of the proposed reviewed on: http:// classification services was $2.20 per issuance of rules and regulations. The www.regulations.gov. A copy of this bale; the fee for the 2010 crop would be purpose of these notices is to give interested notice may be found at: http:// maintained at $2.20 per bale; the 2010 persons an opportunity to participate in the www.ams.usda.gov/cotton/ 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. rulemaking.htm. competition in the marketplace; FOR FURTHER INFORMATION CONTACT: (3) The use of classification services is Darryl Earnest, Deputy Administrator, DEPARTMENT OF AGRICULTURE voluntary. For the 2009 crop, 12,400,000 Cotton and Tobacco Programs, AMS, bales were produced; and, almost all of USDA, Room 2637–S, STOP 0224, 1400 Agricultural Marketing Service these bales were voluntarily submitted Independence Avenue, SW., by growers for the classification service; Washington, DC 20250–0224. 7 CFR Part 28 and Telephone (202) 720–3193, facsimile (4) Based on the average price paid to [AMS–CN–10–0001; CN–10–001] (202) 690–1718, or e-mail growers for cotton from the 2008 crop of [email protected]. RIN 0581–AC99 0.5520 cents per pound, 500 pound SUPPLEMENTARY INFORMATION: bales of cotton are worth an average of User Fees for 2010 Crop Cotton $276 each. The proposed user fee for Executive Order 12866 Classification Services to Growers classification services, $2.20 per bale, is This proposed rule has been less than one percent of the value of an AGENCY: Agricultural Marketing Service, determined to be not significant for average bale of cotton. USDA. purposes of Executive Order 12866; and, ACTION: Proposed rule. therefore has not been reviewed by the Paperwork Reduction Act Office of Management and Budget In compliance with OMB regulations SUMMARY: The Agricultural Marketing (OMB). (5 CFR part 1320), which implement the Service (AMS) is proposing to maintain Paperwork Reduction Act (PRA) (44 user fees for cotton producers for 2010 Executive Order 12988 U.S.C. 3501), the information collection crop cotton classification services under This proposed rule has been reviewed requirements contained in the the Cotton Statistics and Estimates Act under Executive Order 12988, Civil provisions to be amended by this at the same level as in 2009. These fees Justice Reform. It is not intended to proposed rule have been previously are also authorized under the Cotton have retroactive effect. There are no approved by OMB and were assigned Standards Act of 1923. The 2009 crop administrative procedures that must be OMB control number 0581–AC43. user fee was $2.20 per bale, and AMS exhausted prior to any judicial Fees for Classification Under the Cotton proposes to continue the fee for the challenge to the provisions of this rule. 2010 cotton crop at that same level. This Statistics and Estimates Act of 1927 proposed fee and the existing reserve Regulatory Flexibility Act This proposed rule would maintain are sufficient to cover the costs of Pursuant to requirements set forth in the user fee charged to producers for providing classification services for the the Regulatory Flexibility Act (RFA) (5 cotton classification at $2.20 per bale for 2010 crop, including costs for U.S.C. 601–612), AMS has considered the 2010 cotton crop. The 2009 user fee administration and supervision. the economic impact of this action on charged to was calculated using new DATES: Comments must be received on small entities and has determined that methodology, as was required by section or before May 12, 2010. its implementation will not have a 14201 of the Food, Conservation, and ADDRESSES: Interested persons may significant economic impact on a Energy Act of 2008 (Pub. L. 110–234) comment on the proposed rule using the substantial number of small businesses. (2008 Farm Bill). Prior to the change in following procedures: The purpose of the RFA is to fit the 2008 Farm Bill, the fee was • Internet: http:// regulatory actions to the scale of determined using a user-fee formula www.regulations.gov. businesses subject to such actions so mandated in the Uniform Cotton • Mail: Comments may be submitted that small businesses will not be Classing Fees Act of 1987, as amended by mail to: Darryl Earnest, Deputy disproportionately burdened. There are (Pub. L. 100–108, 728) (1987 Act). This Administrator, Cotton and Tobacco an estimated 25,000 cotton growers in formula used the previous year’s base Programs, AMS, USDA, Rm. 2637–S, the U.S. who voluntarily use the AMS fee that was adjusted for inflation and STOP 0224, 1400 Independence cotton classing services annually, and economies of size (1 percent decrease/ Avenue, SW., Washington, DC 20250– the majority of these cotton growers are increase for every 100,000 bales above/ 0224. Comments should be submitted in small businesses under the criteria below 12.5 million bales with maximum triplicate. All comments should established by the Small Business adjustment being ±15 percent). The user reference the docket number and the Administration (13 CFR 121.201). fee was then further adjusted to comply date and the page of this issue of the Continuing the user fee at the 2009 crop with operating reserve constraints Federal Register. All comments level as stated will not significantly (between 10 and 25 percent of projected received will be available for public affect small businesses as defined in the operating costs) specified by the 1987 inspection during regular business RFA because: Act. hours at the above office in Room (1) The fee represents a very small Section 14201 of the 2008 Farm Bill 2637—South Building, 1400 portion of the cost-per-unit currently provides that: (1) The Secretary shall Independence Avenue, SW., borne by those entities utilizing the make available cotton classification

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services to producers of cotton, and period from September 2009 through For the reasons set forth in the provide for the collection of January 2010 during numerous publicly preamble, 7 CFR part 28 is proposed to classification fees from participating held meetings. Representatives of all be amended to read as follows: producers or agents that voluntarily segments of the cotton industry, agree to collect and remit the fees on including producers, ginners, bale PART 28—[AMENDED] behalf of the producers; (2) storage facility operators, merchants, 1. The authority citation for 7 CFR classification fees collected and the cooperatives, and textile manufacturers part 28, Subpart D, continues to read as proceeds from the sales of samples were addressed in various industry- follows: submitted for classification shall, to the sponsored forums. Authority: 7 U.S.C. 471–476. extent practicable, be used to pay the The user fee proposed to be charged cost of the services provided, including cotton producers for cotton 2. In § 28.909, paragraph (b) is revised administrative and supervisory costs; (3) classification in 2010 is $2.20 per bale to read as follows: the Secretary shall announce a uniform which is the same fee charged for the § 28.909 Costs. classification fee and any applicable 2009 crop. This fee is based on the pre- surcharge for classification services not season projection that 14.5 million bales * * * * * later than June 1 of the year in which will be classed by the United States (b) The cost of High Volume the fee applies; and (4) in establishing Department of Agriculture during the Instrument (HVI) cotton classification the amount of fees under this section, 2010 crop year. service to producers is $2.20 per bale. the Secretary shall consult with Accordingly, § 28.909, paragraph (b) * * * * * representatives of the United States would reflect the continuation of the 3. In § 28.911, the last sentence of cotton industry. At pages 313–314, the cotton classification fee at $2.20 per paragraph (a) is revised to read as Joint Explanatory Statement of the follows: committee of conference for section bale. 14201 stated the expectation that the As provided for in the 1987 Act, a 5 § 28.911 Review classification. cotton classification fee would be cent per bale discount would continue (a) * * * The fee for review established in the same manner as was to be applied to voluntary centralized classification is $2.20 per bale. applied during the 1992 through 2007 billing and collecting agents as specified * * * * * fiscal years. The classification fee in § 28.909(c). Dated: April 22, 2010. should continue to be a basic, uniform Growers or their designated agents fee per bale fee as determined necessary receiving classification data would Rayne Pegg, to maintain cost-effective cotton continue to incur no additional fees if Administrator, Agricultural Marketing classification service. Further, in classification data is requested only Service. consulting with the cotton industry, the once. The fee for each additional [FR Doc. 2010–9828 Filed 4–23–10; 4:15 pm] Secretary should demonstrate the level retrieval of classification data in BILLING CODE P of fees necessary to maintain effective § 28.910 would remain at 5 cents per cotton classification services and bale. The fee in § 28.910(b) for an owner provide the Department of Agriculture receiving classification data from the DEPARTMENT OF AGRICULTURE with an adequate operating reserve, National database would remain at 5 Food and Nutrition Service while also working to limit adjustments cents per bale, and the minimum charge in the year-to-year fee. of $5.00 for services provided per 7 CFR Part 253 Under the provisions of section monthly billing period would remain 14201, a user fee (dollar per bale the same. The provisions of § 28.910(c) [FNS–2009–0017] classed) is proposed for the 2010 cotton concerning the fee for new classification RIN 0584–AD95 crop that, when combined with other memoranda issued from the National sources of revenue, will result in Database for the business convenience Food Distribution Program on Indian projected revenues sufficient to of an owner without reclassification of Reservations: Amendments Related to reasonably cover budgeted costs— the cotton will remain the same at 15 the Food, Conservation, and Energy adjusted for inflation—and allow for cents per bale or a minimum of $5.00 Act of 2008 adequate operating reserves to be per sheet. AGENCY: Food and Nutrition Service, maintained. Costs considered in this The fee for review classification in USDA. method include salaries, costs of § 28.911 would be maintained at $2.20 equipment and supplies, and other per bale. ACTION: Proposed rule. overhead costs, such as facility costs and costs for administration and The fee for returning samples after SUMMARY: This rule proposes to amend supervision. In addition to covering classification in § 28.911 would remain Food Distribution Program on Indian expected costs, the user fee is set such at 50 cents per sample. Reservations (FDPIR) regulations to that projected revenues will generate an A 15-day comment period is provided conform FDPIR policy to the operating reserve adequate to effectively for public comments. This period is requirements included in the Food, manage uncertainties related to crop appropriate because it is anticipated Conservation, and Energy Act of 2008 size and cash-flow timing while meeting that the proposed fees, if adopted, (the Farm Bill) for the Supplemental minimum reserve requirements set by would be made effective for the 2010 Nutrition Assistance Program (SNAP). the Agricultural Marketing Service, cotton crop on July 1, 2010. The proposed rule is intended to which require maintenance of a reserve List of Subjects in 7 CFR Part 28 improve program service to applicants fund amount equal to four months of and participants and ensure consistency projected operating costs. Administrative practice and between FDPIR and SNAP. When Extensive consultations regarding the procedure, Cotton, Cotton samples, determining eligibility for FDPIR, the establishment of the classification fee Grades, Market news, Reporting and proposed rule would permanently with U.S. cotton industry record keeping requirements, Standards, exclude combat pay from being representatives were held during the Staples, Testing, Warehouses. considered income and eliminate the

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maximum dollar limit of the dependent this rule. You may request a copy of the Supplemental Nutrition Assistance care deduction. The rule would also analysis by contacting us at the above Program pursuant to the Food, exclude from resource consideration address, or by e-mail to Conservation and Energy Act of 2008, household funds held in qualified [email protected]. Public Law 110–246 (Farm Bill). To education savings accounts identified in SUPPLEMENTARY INFORMATION: avoid confusion, hereinafter, the terms the Farm Bill and would exclude any Food Stamp Act and Food Stamp other education savings accounts for I. Public Comment Procedures Program will not be used. which an exclusion is allowed under Your written comments on this FDPIR has similar eligibility criteria SNAP. The proposed rule would also proposed rule should be specific, to SNAP, although certain clarify that the current resource confined to issues pertinent to the administrative requirements have been exclusion for retirement accounts is proposed rule, and should explain your simplified and streamlined under restricted to the qualified retirement reasons for any change recommended. FDPIR. The proposed rulemaking will accounts identified in the Farm Bill, but Where possible, you should reference update FDPIR regulations to be that a resource exclusion would be the specific section or paragraph of the consistent with recent changes to SNAP allowed for any other retirement proposal you are addressing. Comments in accordance with Sections 4101, 4103, account for which an exclusion is received after the close of the comment and 4104 of the Farm Bill. Section 4101 allowed under SNAP. Additionally, the period (see DATES) will not be permanently excludes combat pay (i.e., rule would clarify that the FDPIR considered or included in the additional pay earned as a result of regulations regarding income eligibility Administrative Record for the final rule. deployment to or service in a combat refer to the SNAP net monthly income Executive Order 12866 requires each zone) as income for the purposes of standard, not the SNAP gross monthly agency to write regulations that are determining SNAP eligibility. Section income standard. simple and easy to understand. We 4103 eliminates the maximum dollar limit to the dependent care deduction DATES: To be assured of consideration, invite your comments on how to make allowed under SNAP, and Section 4104 comments must be received on or before these regulations easier to understand, excludes from resources any household June 28, 2010. including answers to questions such as the following: funds held in qualified retirement or ADDRESSES: The Food and Nutrition education savings accounts when Service invites interested persons to (1) Are the requirements in the rule clearly stated? determining eligibility for SNAP. submit comments on this proposed rule. Section 4104 also excludes future You may submit comments, identified (2) Does the rule contain technical language or jargon that interferes with qualified retirement accounts should by RIN number 0584–AD95, by any of they be created, and provides the the following methods: its clarity? (3) Does the format of the rule Secretary with discretion to allow • Federal eRulemaking Portal: Go to (grouping and order of sections, use of resource exclusions for other retirement http://www.regulations.gov. Preferred headings, paragraphing, etc.) make it plans and education savings accounts. method; follow the online instructions more or less clear? This proposed rulemaking will also for submitting comments on docket (4) Would the rule be easier to provide clarification that FDPIR FNS–2009–0017. understand if it were divided into more regulations regarding income eligibility • Fax: Submit comments by facsimile (but shorter) sections? are referring to the SNAP net income transmission to (703) 305–2420. (5) Is the description of the rule in the guidelines, rather than the gross. • Mail: Send comments to Laura preamble section entitled ‘‘Background Castro, Branch Chief, Policy Branch, Benefits and Discussion of the Proposed Rule’’ Food Distribution Division, Food and helpful in understanding the rule? How This rule would amend FDPIR Nutrition Service, U.S. Department of could this description be more helpful? regulations by aligning provisions with Agriculture, Room 500, 3101 Park recent changes to SNAP as a result of Center Drive, Alexandria, Virginia II. Procedural Matters the Farm Bill. These regulatory changes 22302–1594. A. Executive Order 12866 are designed to help ensure that FDPIR • Hand Delivery or Courier: Deliver benefits are provided to low-income comments to the above address during This proposed rule has been households living on Indian regular business hours. determined to be significant and was reservations and households near Comments submitted in response to reviewed by the Office of Management reservations or in Oklahoma that this rule will be included in the record and Budget (OMB) under Executive contain at least one person who is a and will be made available to the Order 12866. member of a Federally-recognized Tribe public. Please be advised that the B. Regulatory Impact Analysis that are in need of nutrition assistance. substance of the comments and the Because FDPIR regulations regarding identity of the individuals or entities Need for Action resource limits and income exclusions submitting the comments will be subject This action is needed to ensure that would be altered by this rule, to public disclosure. The Department regulations are consistent between participation could potentially increase, will make the comments publicly FDPIR and SNAP. FDPIR was thus expanding access to the program available on the Internet via http:// established by Congress in 1977 as an and increasing benefits to the targeted www.regulations.gov. alternative to the Food Stamp Program population. All written submissions will be for low-income households living on FNS has projected the impact of the available for public inspection at the Indian reservations and households near proposed changes on FDPIR address above during regular business reservations or in Oklahoma that participation. The combined effect of hours (8:30 a.m. to 5:30 p.m.), Monday contain at least one person who is a the provisions in this proposed rule will through Friday, except Federal holidays. member of a Federally-recognized Tribe potentially make a small number of FOR FURTHER INFORMATION CONTACT: that does not have easy access to Food households become newly eligible, Laura Castro at the above address or Stamp offices and authorized grocery primarily those households with telephone (703) 305–2662. A regulatory stores. The name of the Food Stamp sizeable dependent care expenses and/ impact analysis has been prepared for Program was changed to the or funds in qualified education savings

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accounts. However, individual E. Executive Order 12372 Justice Reform. This proposed rule, households might benefit from more The program addressed in this action when finalized, is intended to have than one provision and the effect of the is listed in the Catalog of Federal preemptive effect with respect to any overlap could not be determined. Domestic Assistance under 10.567. For State or local laws, regulations, or Therefore, we are unable to determine the reasons set forth in the final rule in policies which conflict with its with any certainty the total number of 7 CFR Part 3015, Subpart V and related provisions or which would otherwise individuals that might be added as a Notice (48 FR 29115, June 24, 1983), the impede its full implementation. This result of this rule. donation of foods in such programs is proposed rule would not have Costs included in the scope of Executive retroactive effect. Prior to any judicial Order 12372, which requires challenge to the provisions of this rule This action is not expected to intergovernmental consultation with or the application of its provisions, all significantly increase costs of State and State and local officials. applicable administrative procedures local agencies, or their commercial must be exhausted. contractors. The combined impact of the F. Executive Order 13132 H. Civil Rights Impact Analysis proposed changes in this rulemaking is Executive Order 13132 requires projected to increase Federal program Federal agencies to consider the impact FNS has reviewed this rule in costs by $1,000 in fiscal year (FY) 2010 of their regulatory actions on State and accordance with the Department and $7,000 over a five-year period (FY local governments. Where such actions Regulation 4300–4, ‘‘Civil Rights Impact 2010 through FY 2014). These increased have federalism implications, agencies Analysis,’’ to identify and address any costs are attributable to potential are directed to provide a statement for major civil rights impacts the rule might increases in participation, primarily inclusion in the preamble to the have on minorities, women, and persons among those households that have regulations describing the agency’s with disabilities. After a careful review funds in qualified education savings considerations in terms of the three of the rule’s intent and provisions, FNS accounts. categories called for under section has determined that this rule will not in C. Regulatory Flexibility Act (6)(b)(2)(B) of Executive Order 13132. any way limit or reduce the ability of The programs affected by the participants to receive the benefits of This proposed rule has been reviewed regulatory proposals in this rule are all donated foods in food distribution with regard to the requirements of the Tribal or State-administered, Federally- programs on the basis of an individual’s Regulatory Flexibility Act (5 U.S.C. funded programs. The FNS National or group’s race, color, national origin, 601–612). It has been certified that this Office and Regional Offices have formal sex, age, or disability. FNS found no action will not have a significant impact and informal discussions with State factors that would negatively and on a substantial number of small officials on an ongoing basis regarding disproportionately affect any group of entities. While Indian Tribal program issues relating to the individuals. Organizations (ITOs) and State Agencies distribution of donated foods. FNS I. Paperwork Reduction Act that administer FDPIR will be affected meets annually with the National by this rulemaking, the economic effect Association of Food Distribution The Paperwork Reduction Act of 1995 will not be significant. Programs on Indian Reservations (44 U.S.C. Chap. 35; see 5 CFR part D. Public Law 104–4 (NAFDPIR), a national group of Tribal 1320) requires that OMB approve all and State agencies, to discuss issues collections of information by a Federal Title II of the Unfunded Mandates relating to food distribution. agency from the public before they can Reform Act of 1995 (UMRA), Public This rule is intended to provide be implemented. Respondents are not Law 104–4, establishes requirements for consistency between FDPIR and SNAP. required to respond to any collection of Federal agencies to assess the effects of The rule was prompted by provisions information unless it displays a current their regulatory actions on State, local, contained in the Farm Bill, enacted on valid OMB control number. This and Tribal governments and the private June 18, 2008. Section 4101 of the Farm proposed rule does not contain any new sector. Under Section 202 of the UMRA, Bill permanently excludes combat pay information collection requirements that FNS generally must prepare a written (i.e., additional pay earned as a result of are subject to review and approval by statement, including a cost-benefit deployment to or service in a combat OMB. analysis, for proposed and final rules zone) from income when determining J. E-Government Act Compliance with ‘‘Federal mandates’’ that may result eligibility for SNAP. Section 4103 in expenditures to State, local, or Tribal removes the maximum limit on the FNS is committed to compliance with governments, in the aggregate, or to the dependent care deduction and Section the E-Government Act of 2002 to private sector, of $100 million or more 4104 excludes from resources any promote the use of the Internet and in any one year. When such a statement household funds held in qualified other information technologies to is needed for a rule, section 205 of the tuition program or retirement accounts provide increased opportunities for UMRA generally requires FNS to when determining eligibility for SNAP. citizen access to Government identify and consider a reasonable FNS has considered the impact of the information and services, and for other number of regulatory alternatives and proposed rule on ITOs and State purposes. adopt the least costly, more cost- agencies. The overall effect is to ensure III. Background and Discussion of the effective or least burdensome alternative that nutrition assistance is provided to Proposed Rule that achieves the objectives of the rule. low-income households. During the This rule contains no Federal mandates prior consultation period in advance of The proposed rule would amend the (under the regulatory provisions of Title this rulemaking, FNS was not made regulations for FDPIR at 7 CFR 253.6 to II of the UMRA) for State, local, and aware of any adverse concerns by ITOs be consistent with SNAP relative to the Tribal governments or the private sector or State Agencies. requirements set forth in the Farm Bill. of $100 million or more in any one year. FDPIR was established by Congress in This rule is, therefore, not subject to the G. Executive Order 12988 1977 as an alternative to SNAP for low- requirements of sections 202 and 205 of This proposed rule has been reviewed income households living on Indian the UMRA. under Executive Order 12988, Civil reservations and households near

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reservations or in Oklahoma that Section 4104 of the Farm Bill also income eligibility standards shall be the contain at least one person who is a provides the Secretary with discretion ‘‘monthly income eligibility standards member of a Federally-recognized Tribe to exclude in the calculation of for the Food Stamp Program.’’ However, that does not have easy access to SNAP resources under SNAP any other SNAP eligibility procedures employ two offices and authorized grocery stores. education programs, contracts or separate income standards—a gross Consequently, FDPIR has similar accounts as determined by the monthly income standard and a net eligibility criteria to SNAP, although Secretary. This rule proposes to amend monthly income standard. It is FNS certain administrative requirements 7 CFR 253.6(d)(2) to allow a resource policy that the SNAP net monthly have been simplified and streamlined exclusion for any other education income standard is the applicable under FDPIR. The changes would savings accounts for which a resource income standard for determining improve program service by: (1) exclusion is allowed under SNAP. This income eligibility for FDPIR. However, Excluding household funds held in would allow FNS to maintain consistent due to lack of clarity in the regulations, education savings accounts specified in policy in the treatment of education FNS has received requests for policy Section 4104 of the Farm Bill and any savings accounts and promote clarification regarding which SNAP other education accounts for which a consistency in policy between FDPIR income guideline is applicable under resource exclusion is provided under and SNAP. FDPIR. Therefore, FNS is proposing an amendment to the regulations at 7 CFR SNAP; (2) clarifying that the current B. Clarification Regarding the Resource 253.6(e)(1)(i) to clarify that FDPIR FDPIR resource exclusion for retirement Exclusion for Qualified Retirement applies the SNAP net income standard, accounts is limited to qualified Accounts retirement accounts specified in Section not the gross income standard. This 4104 of the Farm Bill and any other This proposed rule would amend change would clarify the regulatory retirement accounts for which a FDPIR regulations at 7 CFR 253.6(d)(2) language at 7 CFR 253.6(e)(1)(i), but not resource exclusion is provided under to ensure consistent treatment of certain change current FDPIR policy nor revise SNAP; (3) clarifying that the FDPIR resources in determining FDPIR and current FDPIR income guidelines or regulations regarding income eligibility SNAP eligibility. In accordance with eligibility criteria. Section 4104, funds that are held in are referring to the SNAP net monthly D. Excluding Combat Pay From Income income standard, rather than the SNAP qualified retirement accounts are gross monthly income standard; (4) excluded when determining eligibility Appropriation legislation in FY 2005 through FY 2008 excluded combat pay permanently excluding combat pay from for SNAP. Specifically, that section of (i.e., additional pay earned as a result of income when determining eligibility for the Farm Bill excludes the value of deployment to or service in a combat FDPIR; and (5) eliminating the funds held in retirement accounts zone) from income for the purposes of maximum limit to the dependent care described in sections 401(a), 403(a), determining eligibility for SNAP. This deduction. 403(b), 408, 408A, 457(b), and 501(c)(18) of the Internal Revenue Code policy was adopted for FDPIR and The proposed amendments would of 1986 and the value of funds held in implemented by policy memorandum also impact the operation of the Food a Federal Thrift Savings Plan account as for those fiscal years. Section 4101 of Distribution Program for Indian described in 5 U.S.C. 8439. the Farm Bill amended Section 5(d) of Households in Oklahoma (FDPIHO), 7 In accordance with FDPIR regulations the Food and Nutrition Act of 2008 (7 CFR Part 254, under which the and policy, retirement accounts and U.S.C. 2014(d)) to permanently exclude eligibility and certification provisions of pension plans are excluded as long as combat pay from income for the 7 CFR Part 253 are adopted by reference the funds remain in the accounts. purposes of determining SNAP at 7 CFR 254.5(a). The term ‘‘FDPIR,’’ as However, for clarification purposes and eligibility. This change was used in this proposed rule, refers to ensure consistency between FDPIR implemented under FDPIR by policy collectively to FDPIR and FDPIHO. The and SNAP, this rule proposes to amend memorandum on July 16, 2008. FNS is proposed amendments are discussed in 7 CFR 253.6(d)(2) to exclude under proposing a conforming amendment to more detail below. FDPIR the comprehensive list of FDPIR regulations at 7 CFR A. Excluding Household Funds Held in qualified retirement accounts specified 253.6(e)(3)(xi) to permanently exclude Education Savings Accounts From in Section 4104 of the Farm Bill. combat pay from income when Consideration as a Resource Section 4104 of the Farm Bill also determining eligibility for FDPIR. The provides for the exclusion of retirement proposed change would align FDPIR This proposed rule would amend accounts that may be enacted and regulations with current FDPIR and FDPIR regulations at 7 CFR 253.6(d)(2) determined to be exempt from tax under SNAP policy. to ensure consistent treatment of certain the Internal Revenue Code of 1986, and E. Amending the Dependent Care resources in determining FDPIR and any other retirement plans, contracts, or Deduction SNAP eligibility. In accordance with accounts as determined by the Section 4104 of the Farm Bill, which Secretary. To allow FNS to maintain Current FDPIR regulations at 7 CFR amended Section 5(g) of the Food and consistency with regard to its treatment 253.6(f)(2) state that the dependent care Nutrition Act 2008 (7 U.S.C. 2014(g)), of retirement accounts and promote deduction cannot exceed the maximum funds that are held in qualified tuition consistency in policy between FDPIR allowable under SNAP. Section 4103 of program accounts described in section and SNAP, this rule proposes to amend the Farm Bill amended Section 529 of the Internal Revenue Code of 7 CFR 253.6(d)(2) to allow a resource 5(e)(3)(A) of the Food and Nutrition Act 1986 or in a Coverdell education savings exclusion for any other retirement of 2008 (7 U.S.C. 2014(e)(3)(A)) and account under section 530 of that Code accounts for which a resource exclusion eliminated the maximum dollar limit to are excluded from the calculation of is allowed under SNAP. the SNAP dependent care deduction, household resources when determining allowing participants to claim the full eligibility for SNAP. This rule proposes C. Clarifying the Application of SNAP cost of their dependent care expenses. to amend 7 CFR 253.6(d)(2) to exclude Net Income Standards to FDPIR FNS implemented this change under any funds held in these accounts from Current FDPIR regulations at 7 CFR FDPIR by the same policy memorandum being considered FDPIR resources. 253.6(e)(1)(i) state that the FDPIR mentioned in the previous paragraph.

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This proposed revision would remove program or account for which a resource determination by June 30, 2010, as to regulatory language at 7 CFR 253.6(f)(2) exclusion is allowed under the whether energy conservation standards that imposes a maximum limit on Supplemental Nutrition Assistance for HID lamps are warranted. Pursuant dependent care deductions, thereby Program (SNAP). to court order, this final determination aligning the FDPIR regulations with * * * * * must be made by June 30, 2010. This current FDPIR and SNAP policy. (vi) The value of funds held in a document informs interested parties of the analysis underlying this proposal, List of Subjects in 7 CFR Part 253 qualified education savings program described in section 529 of Internal which examines the potential energy Administrative practice and Revenue Code of 1986 or in a Coverdell savings and whether a future energy procedure, Food assistance programs, education savings account under section conservation standard for this Grant programs, Social programs, 530 of that Code, and any other equipment would be technologically Indians, Reporting and recordkeeping education savings program or account feasible and economically justified. In requirements, Surplus agricultural for which a resource exclusion is this document, DOE also announces the commodities. allowed under SNAP. availability of a preliminary technical Accordingly, 7 CFR Part 253 is * * * * * support document (TSD), which proposed to be amended as follows: (e) * * * provides additional analysis in support (1) * * * of the determination. The preliminary PART 253—ADMINISTRATION OF THE (i) * * * The income eligibility TSD is available from the Office of FOOD DISTRIBUTION PROGRAM FOR standards shall be the applicable SNAP Energy Efficiency and Renewable HOUSEHOLDS ON INDIAN net monthly income eligibility Energy’s Web site at http:// RESERVATIONS standards for the appropriate area, www1.eere.energy.gov/buildings/ _ increased by the amount of the appliance standards/commercial/ 1. The authority citation for 7 CFR _ _ Part 253 continues to read as follows: applicable SNAP standard deduction for high intensity lamps.html. Authority: 91 Stat. 958 (7 U.S.C. 2011– that area. DATES: Written comments on this 2032). * * * * * document and the preliminary TSD are (3) * * * welcome and must be submitted no later 2. In § 253.6: (xi) Combat pay. Combat pay is than May 27, 2010. For detailed a. Revise paragraph (d)(2)(i); instructions, see section IV ‘‘Public b. Redesignate paragraphs (d)(2)(ii) defined as additional payment that is Participation.’’ through (d)(2)(iv) as (d)(2)(iii) through received by or from a member of the (d)(2)(v), respectively; United States Armed Forces deployed to ADDRESSES: Interested parties may c. Add new paragraph (d)(2)(ii); a combat zone, if the additional pay is submit comments, identified by docket d. Add new paragraph (d)(2)(vi); the result of deployment to or service in number EE–DET–03–001 and/or e. Revise the second sentence of a combat zone, and was not received Regulation Identifier Number (RIN) paragraph (e)(1)(i); immediately prior to serving in a 1904–AA86, by any of the following f. Add new paragraph (e)(3)(xi); and combat zone. methods: g. Remove the second sentence of * * * * * 1. Federal eRulemaking Portal: paragraph (f)(2). Dated: April 20, 2010. http://www.regulations.gov. Follow the The revisions and additions read as instructions for submitting comments. Kevin W. Concannon, follows: 2. E-mail: [email protected]. Under Secretary, Food, Nutrition, and gov. Include docket number EE–DET– Consumer Services. § 253.6 Eligibility of households. 03–001 and/or RIN 1904–AA86 in the * * * * * [FR Doc. 2010–9645 Filed 4–22–10; 11:15 am] subject line of the message. (d) * * * BILLING CODE 3410–30–P 3. Mail: Ms. Brenda Edwards, U.S. (2) * * * Department of Energy, Building (i) The cash value of life insurance Technologies Program, Mailstop EE–2J, policies and the first $1,500 of the DEPARTMENT OF ENERGY Technical Support Document for High- equity value of one bona fide pre-paid Intensity Discharge (HID) Lamps, docket funeral agreement per household 10 CFR Part 431 number EE–DET–03–001 and/or RIN member. The equity value of a pre-paid [Docket No. EE–DET–03–001] 1904–AA86, 1000 Independence funeral agreement is the value that can Avenue, SW., Washington, DC 20585– RIN 1904–AA86 be legally converted to cash by the 0121. Please submit one signed paper household member. For example, an Energy Conservation Program for original. individual has a $1,200 pre-paid funeral Consumer Products and Certain 4. Hand Delivery/Courier: Ms. Brenda agreement with a funeral home. The Commercial and Industrial Equipment: Edwards, U.S. Department of Energy, conditions of the agreement allow the Proposed Determination Concerning Building Technologies Program, 6th household to cancel the agreement and the Potential for Energy Conservation Floor, 950 L’Enfant Plaza, SW., receive a refund of the $1,200 minus a Standards for High-Intensity Discharge Washington, DC 20024. Please submit service fee of $50. The equity value of (HID) Lamps one signed paper original. the pre-paid funeral agreement is For additional instruction on $1,150. AGENCY: Office of Energy Efficiency and submitting comments, see section IV, (ii) The value of funds held in Renewable Energy, Department of ‘‘Public Participation.’’ retirement accounts described in Energy. Docket: For access to the docket to sections 401(a), 403(a), 403(b), 408, ACTION: Proposed determination. read background documents, the 408A, 457(b), and 501(c)(18) of the preliminary TSD, or comments received, Internal Revenue Code of 1986; the SUMMARY: The Energy Policy and go to the U.S. Department of Energy, value of funds held in a Federal Thrift Conservation Act (EPCA or the Act), as Resource Room of the Building Savings Plan account as described in 5 amended, requires the U.S. Department Technologies Program, Sixth Floor, 950 U.S.C. 8439; and any other retirement of Energy (DOE) to issue a final L’Enfant Plaza, SW., Washington, DC

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20024, (202) 586–2945, between 9 a.m. D. Review Under the National to consumers, specifically the increased and 4 p.m., Monday through Friday, Environmental Policy Act of 1969 equipment costs of HID lamps and the except Federal holidays. Please call Ms. E. Review Under Executive Order 13132 associated energy cost savings. In its F. Review Under Executive Order 12988 Brenda Edwards at the above telephone G. Review Under the Unfunded Mandates proposed determination analysis, DOE number for additional information about Reform Act of 1995 did not monetize or otherwise visiting the Resource Room. You may H. Review Under the Treasury and General characterize any other potential costs also obtain copies of certain documents Government Appropriations Act of 1999 and benefits of standards such as in this proceeding from the Office of I. Review Under Executive Order 12630 manufacturer impacts or power plant Energy Efficiency and Renewable J. Review Under the Treasury and General emission reductions. If the final Energy’s Web site at http:// Government Appropriations Act of 2001 determination is positive, then such www1.eere.energy.gov/buildings/ K. Review Under Executive Order 13211 additional impacts would be examined L. Review Under the Information Quality appliance_standards/commercial/ in a future analysis of the economic _ _ Bulletin for Peer Review high intensity lamps.html. IV. Public Participation justification of particular standard levels FOR FURTHER INFORMATION CONTACT: Ms. A. Submission of Comments in the context of a standards rulemaking Linda Graves, U.S. Department of B. Issues on Which DOE Seeks Comments that would set specific energy V. Approval of the Office of the Assistant conservation requirements. Energy, Office of Energy Efficiency and Secretary Renewable Energy, Building DOE’s analysis also indicates that Technologies, EE–2J, 1000 I. Summary of the Proposed standards would result in significant Independence Avenue, SW., Determination cumulative energy savings over the Washington, DC 20585–0121. analysis period (2017 to 2046)—at least EPCA requires DOE to issue a final 2.8 quads. This is equivalent to the Telephone: (202) 586–1851. E-mail: determination whether energy [email protected]. annual electricity consumption of conservation standards for HID lamps approximately 14 million U.S. homes. Ms. Jennifer Tiedeman, U.S. would be technologically feasible, Department of Energy, Office of the Further documentation supporting the economically justified, and would result analyses described in this notice is General Counsel, GC–71, 1000 in significant energy savings. DOE has Independence Avenue, SW., contained in a separate preliminary tentatively determined that such TSD, available from the Office of Energy Washington, DC 20585–0121. standards are technologically feasible, Telephone: (202) 287–6111. E-mail: Efficiency and Renewable Energy’s Web economically justified, and would result site at http://www1.eere.energy.gov/ [email protected]. in significant energy savings. Thus, DOE _ For further information on how to buildings/appliance standards/ proposes to issue a positive commercial/high_intensity_lamps.html. submit or review public comments, determination. In its analysis for this contact Ms. Brenda Edwards, U.S. proposed determination, DOE evaluated A. Legal Authority Department of Energy, Office of Energy potential standards for HID that would The National Energy Conservation Efficiency and Renewable Energy, lead to a migration from less efficient Policy Act of 1978 amended EPCA to Building Technologies Program, EE–2J, probe-start metal halide (MH) lamps to add a part C to title III of EPCA 1 1000 Independence Avenue, SW., more efficient pulse-start MH lamps and Washington, DC 20585–0121. establishing an energy conservation high-pressure sodium (HPS) lamps. program for certain industrial Telephone (202) 586–2945. E-mail: Both pulse-start MH and HPS lamps are [email protected]. equipment. (42 U.S.C. 6311–6317) The existing HID technologies that are Energy Policy Act of 1992 (EPACT), SUPPLEMENTARY INFORMATION: technically feasible. DOE’s analysis Public Law 102–486, 106 Stat. 2776 also I. Summary of the Proposed Determination determined whether a potential amended EPCA, and included A. Legal Authority standard that sets a level that eliminates amendments that expanded title III to B. Background inefficient probe-start MH lamps would include HID lamps. Specifically, EPACT 1. Definitions be economically justified and would 2. 2003 Draft Report amended section 346 of EPCA (42 result in significant energy savings. U.S.C. 6317) to provide in paragraph (a) 3. 2004 Draft Report DOE has tentatively determined that II. Discussion of the Analysis of High- that the Secretary of Energy (Secretary) Intensity Discharge Lamps standards for HID lamps would be must prescribe testing requirements and A. Purpose and Content expected to be economically justified energy conservation standards for those B. Methodology from the perspective of an individual HID lamps for which the Secretary 1. Market and Technology Assessment consumer. According to DOE’s analysis, determines that energy conservation 2. Engineering Analysis there is at least one set of standard standards ‘‘would be technologically 3. Life-Cycle Cost Analysis levels for HID lamps which could be set 4. National Energy Savings Analysis feasible and economically justified, and that would reduce the life-cycle cost would result in significant energy 5. National Consumer Impacts Analysis (LCC) of ownership for the typical C. Analysis Results savings.’’ (42 U.S.C. 6317(a)(1)) 1. Engineering Analysis consumer; that is, the increase in Under EPCA, if DOE makes a positive 2. Life-Cycle Cost and Payback Period equipment cost resulting from a determination, then it must proceed to Analysis standard would be more than offset by establish testing requirements for those 3. National Energy Savings and Consumer energy cost savings over the life of the HID lamps to which the determination Impacts system. applies. (42 U.S.C. 6317(a)(1)) D. Discussion Standards would also be cost-effective Subsequently, DOE will conduct a 1. Technological Feasibility from a national perspective. The 2. Significance of Energy Savings rulemaking to establish appropriate national net present value (NPV) from energy conservation standards. During 3. Economic Justification standards could be as much as $15.0 III. Procedural Issues and Regulatory Review the standards rulemaking, DOE would billion in 2009$ for products purchased A. Review Under Executive Order 12866 decide whether, and at what level(s), to B. Review Under the Regulatory Flexibility from 2017 to 2046, assuming an annual Act real discount rate of 3 percent. This 1 For editorial reasons, Part C, Certain Industrial C. Review Under the Paperwork Reduction forecast considers only the direct Equipment, was redesignated as Part A–1 in the Act of 1995 financial costs and benefits of standards United States Code.

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promulgate energy conservation 1. Definitions the American Council for an Energy- standards. This decision would be based DOE reviewed the relevant portions of Efficient Economy (ACEEE); the on an in-depth consideration, with the Energy Independence Security Act California Department of Transportation public participation, of the of 2007 (EISA 2007), and 10 CFR part (Caltrans); Delta Power Supply (Delta); technological feasibility, economic 431 for applicable existing definitions EEI; NEMA; the Pennsylvania justification, and energy savings of for use in conducting a determination Department of Transportation potential standard levels in the context for energy conservation standards for (PennDOT); and Ms. Lucinda Seigel. of the criteria and procedures for HID lamps. EISA 2007 amended EPCA, Unlike today’s proposed determination, DOE’s previous reports focused prescribing new or amended standards in part by adding key terms that are primarily on MV lamps rather than all established by section 325(o) and (p). applicable to the HID determination, HID lamp technologies. The following is (42 U.S.C. 6295(o)(p).) including ‘‘high intensity discharge a discussion of general comments lamp,’’ ‘‘mercury vapor lamp,’’ and B. Background received in response to the 2003 draft ‘‘metal halide lamp.’’ (42 U.S.C. 6291) report, and a limited review of specific These terms are defined as follows: DOE conducted previous analyses technical comments. ‘‘ ’’ estimating the likely range of energy High intensity discharge lamp Comments responding to the 2003 savings and economic benefits that means an electric-discharge lamp in Draft Report were generally supportive would result from energy conservation which— of a positive determination, and standards for HID lamps, and prepared (1) The light-producing arc is indicated that substantial benefits could reports describing its analyses. DOE stabilized by the arc tube wall be obtained from a standard that published these draft reports in June temperature; and eliminated less efficient MV lamps. (2) The arc tube wall loading is in 2003 and December 2004, and made Delta stated that it wanted its comment excess of 3 watts (W)/centimeters them available for public comment on to be considered an ‘‘emphatic YES’’ to squared (cm2), including such lamps the Office of Energy Efficiency and an HID lamp standard. (Delta, No. 9 at that are mercury vapor, metal halide, Renewable Energy’s Web site at http:// p. 2) Many interested parties were in and high-pressure sodium lamps. (42 www1.eere.energy.gov/buildings/ favor of restrictions on MV lamps. _ U.S.C. 6291(46)(A).) Caltrans commented that a possible rule appliance standards/commercial/ ‘‘ ’’ _ _ Mercury vapor lamp means a high eliminating MV would not affect it high intensity lamps.html. The reports intensity discharge lamp in which the made no recommendation concerning because it had stopped installing MV major portion of the light is produced by products and replaced most MV fixtures the determination that DOE should radiation from mercury typically make. with HPS. (Caltrans, No. 8 at p. 1) operating at a partial vapor pressure in ACEEE commented on the 2003 draft After the 2003 report, DOE received excess of 100,000 pascals (Pa) report that ‘‘ACEEE agrees that it makes comments. The National Electrical (approximately 1 standard atmosphere). sense to establish a minimum efficacy Manufacturers Association (NEMA) It includes clear, phosphor-coated, and standard that eliminates mercury vapor encouraged DOE to extend coverage to self-ballasted screw-base lamps. (42 lamps for many, if not all, applications.’’ HID lamps even if no energy U.S.C. 6291(47)(A).) (ACEEE, No. 11 at p. 1) NEMA conservation standard were set. (NEMA, ‘‘Metal halide lamp’’ means a high- commented that MV lamps will have No. 6 at pp. 1–2) 2 Again after the 2004 intensity discharge lamp in which the been in the marketplace for over 80 report, NEMA made a similar comment. major portion of the light is produced by years, and energy efficient replacements NEMA also emphasized that ‘‘it is radiation of metal halides and their in the form of HPS and MH lamps have incumbent on DOE to state clearly in a product of dissociation, possibly in been generally available for 40 years. forthcoming determination that HID combination with metallic vapors. (42 DOE also received specific technical lamps are ‘covered products’ and thus U.S.C. 6291(63).) comments regarding possible lamp Federal law preempts State regulation of Although current statutory definitions efficacy (i.e., a measure of the pertaining to HID lamps are relatively all HID lamps.’’ (NEMA, No. 15 at p. 1.) conversion of power into visible light comprehensive, DOE believes that an which is the technical term for lamp In 2002, DOE began the analysis in additional definition will be necessary efficiency in the lighting industry and preparation for a proposed should DOE begin a test procedure which is expressed in units of lumens/ determination. DOE conducted initial rulemaking for HID lamps. Therefore, in W). ACEEE referenced the minimum analyses and shared its initial findings the future, DOE will propose inserting a lamp efficacy of 60 lumens/W permitted regarding efficiency improvement in definition for ‘‘high pressure sodium in exterior lighting by the American HID lamps in the June 2003 draft report. lamp’’ into 10 CFR 431.452, ‘‘Definitions Society of Heating, Refrigerating and Subsequently, DOE received additional concerning high-intensity discharge Air-Conditioning Engineers/IESNA data and information provided by lamps.’’ Standard 90.1–1999. ACEEE further NEMA. More recently, NEMA provided Although low-pressure sodium (LPS) recommended that DOE set minimum HID lamp shipments by lamp type for lamps are often classified as HID lamps efficacy requirements that would 2003 to 2008, and shipments by wattage in catalogues, they do not meet the eliminate probe-start MH lamps greater grouping (i.e., low, medium, and high) definition of an HID lamp pursuant to than 150 W. (ACEEE, No. 11 at p. 2) for 2008 that was used in the analysis EPCA, as amended. The arc tube wall DOE received many comments for today’s proposed determination. loading for LPS lamps is lower than the regarding alternative, non-HID statutorily defined 3 W/cm2 threshold; technologies, including induction and 2 A notation in the form ‘‘NEMA, No. 6 at pp. 1– therefore, LPS lamps are not HID lamps fluorescent. Non-HID technologies are 2’’ identifies a written comment (1) made by NEMA; for purposes of today’s proposed achieving market penetration in lighting (2) recorded in document number 6 that is filed in determination. applications traditionally dominated by the docket of the HID lamp energy conservation HID; however, a detailed evaluation of standards rulemaking EE–DET–03–001 and 2. 2003 Draft Report maintained in the Resource Room of the Building these non-HID technologies falls outside Technologies Program; and (3) which appears on DOE received comments on the June of the scope of today’s proposed pages 1–2 of document number 6. 2003 draft report from Allegheny Power; determination. DOE will more fully

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consider other non-HID sources as part impacts analysis to estimate potential focus on replacing probe-start MH with of a full standards rulemaking. economic costs and benefits that would pulse-start MH, in addition to possibly A comment was also received result from improving energy efficacy in introducing standards for MV lamps. regarding the potential effect of the considered HID lamps. The (ACEEE, No. 16 at p. 1.) standards on small businesses. Caltrans following is a brief description of each Since these comments were received, stated that small businesses usually are analysis. new legislation was enacted in California that prevents MV ballasts not manufacturers of lamps and ballasts 1. Market and Technology Assessment and believed that the potential impact from being manufactured or imported on small businesses would be minimal. DOE conducted research into the pursuant to 10 CFR 431.286. See CAL. (Caltrans, No. 8 at p. 1) In its technology market for considered HID lamps, CODE REGS. Title 20, § 1605.3(n)(2) and market assessments, DOE found including national annual shipments, (2010). Consequently the analysis for that the majority of HID lamps are the current range of lamp-and-ballast this proposed determination assumes manufactured by a limited number of system efficacies, lamp applications and that any MV lamp shipments will large companies. However, if DOE utilization, market structure, and service existing MV ballasts only, and makes a positive determination, it will distribution channels. It used that MV lamp shipments will decline as evaluate the potential effects of energy information from trade associations that a result. conservation standards on small support industrial sectors and reviewed Regulations currently in effect in six businesses in subsequent HID lamp literature in technical journals. At States (Arizona, California, New York, rulemakings. DOE’s request, NEMA provided data on Oregon, Rhode Island, and Washington) lamp shipments of HID lamps, limit the use of probe-start MH 3. 2004 Draft Report subcategorized by HPS, MV, and MH technologies by banning fixtures in the DOE received additional comments lamp data from its member wattage range of 150–500 from having on the December 2004 draft report from manufacturers, for the five-year period probe-start ballasts. DOE’s analysis for ACEEE, Benya Lighting Design (Benya), from 2003 to 2008. NEMA had provided the proposed determination uses and NEMA. These comments are data for 1990 to 2002 to DOE in information regarding the impact of the discussed in detail in the previous efforts related to today’s State regulations and considers market ‘‘Methodology’’ section of this notice. proposed determination. Based on its trends in both MV and probe-start MH market research, DOE found that HID technologies. II. Discussion of the Analysis of High- lamps are typically used in commercial, A key factor in the relative Intensity Discharge Lamps industrial, and municipal applications performance of different HID lamp A. Purpose and Content with differing electricity tariffs. DOE technologies is the lamp lifetime. estimates that, on average, HID lamps Manufacturers publish the life rating for DOE performed an analysis of the are used in applications (e.g., municipal HID lamps, known as B50 (i.e., the point feasibility of achieving significant (exterior) and industrial) that typically at which 50 percent of an operating energy savings as a result of energy operate 12 hours per day or more. population of lamps is still operating). conservation standards for HID lamps. Dimming of HID lamps is not DOE received information regarding DOE presents the results of this analysis common. DOE examined NEMA’s lamp and ballast lifetimes in comments in a preliminary TSD for this proposed Lighting Systems Division Document received in response to the 2003 draft determination. In subsequent analyses LSD 14–2002 Guidelines on the report. DOE received comments that MV for the standards preliminary analysis, Application of Dimming High Intensity and HPS lamps were typically relamped NOPR, and final rule, DOE will perform Discharge Lamps to evaluate typical (i.e., replaced) every 4 years, and MH the analyses required by EPCA. These practices for HID dimming. LSD 14– lamps typically every 2 years. (Caltrans, analyses will involve more precise and 2002 notes that that dimming ballasts No. 8 at p. 2; Allegheny, No. 12 at p. 1) detailed information that DOE will are relatively new (having only been Allegheny further stated that the lamp develop during the standards commercially available since the 1990s); life is generally the rated lamp life by rulemaking process, and will detail the that HID lamps should not be dimmed the manufacturer. Typical life of HID effects of proposed energy conservation below 50 percent of the rated lamp lamps varies with lamp type and standards for HID lamps. wattage; that color, life and efficacy are wattage, and ranges from 8,000 to affected by dimming; and that few greater than 24,000 hours, according to B. Methodology standards exist for dimming HID the manufacturer catalog data surveyed To address EPCA requirements that systems requiring that the system (lamp and included in the preliminary TSD. DOE determine whether energy and ballast) be tested in the field to To determine annual maintenance costs, conservation standards for HID lamps determine if the performance of the DOE uses median rated lamp lifetime as would be technologically feasible and lamp and ballast working together is the basis for relamping schedules. economically justified, and result in acceptable. Given these barriers to the HID lamps typically cannot operate significant energy savings (42 U.S.C. dimming of HID lamps in typical without a ballast that is specifically 6317(b)(1)), DOE’s performed five applications, DOE assumed that the HID designed for a corresponding lamp component analyses: (1) A market and lamps are operating at full power for the technology. The vast majority of ballasts technology assessment to understand purpose of the analysis supporting this for HID lamps are of the electromagnetic better where and how HID lamps are proposed determination. (magnetic) type. The industry-accepted used; (2) an engineering analysis to Several comments in response to the life of magnetic ballasts is 50,000 hours, estimate the relationship between 2004 draft report addressed elements of and is widely cited in ballast catalogs product costs and energy use; (3) an the HID lamp market and how standards and by utility programs. After the 2003 LCC analysis to estimate the costs and promulgated by DOE might impact the report, Allegheny stated that MV ballast benefits to users from increased efficacy market. Benya commented that lifetimes are 12 years or greater. in HID lamps; (4) a national energy standards that effectively banned MV (Allegheny, No. 12 at p. 1) The life of savings analysis to estimate the lamps could be warranted and the light fixture (also known as a potential energy savings on a national beneficial. (Benya, No. 14 at p. 1) luminaire) varies but generally lasts as scale; and (5) a national consumer ACEEE commented that DOE should long as the ballast.

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Another factor that can affect the which was the primary wattage range considered more important than color energy consumption of an HID lighting considered in the 2004 draft report. quality. Pulse-start MH is the most system is the energy consumption of the However, because DOE considers lumen efficient broad spectrum (‘‘white light’’) ballast. DOE analyzed the system (lamp output instead of wattage as a more HID technology, and has a higher first and ballast) power since particular lamp appropriate measure of lamp utility cost than MV and HPS. DOE received technologies are usually associated with from a consumer perspective, it uses related comments during the Metal a technology-specific ballast design. lumen output as the basis for Halide Lamp Fixture (DOE Docket No. DOE received comments related to categorization in today’s proposed EERE–2009–BT–STD–0018/RIN 1904– system input power in response to the determination as shown in table II.1 in AC00) public meeting on January 26, technical reports preceding today’s section C.1 of this notice which 2010. During this meeting, Philips noted proposed determination. ACEEE provides the engineering analysis that after California enacted a provision commented that an energy analysis results. regarding ballast efficiency that affects probe-start MH lamp ballasts, the should use the system wattage for the 2. Engineering Analysis input power. (ACEEE, No. 11 at p. 3) In manufacturer saw sales shift from response, DOE selected a representative In the engineering analysis, DOE probe-start MH to both pulse-start MH ballast to pair with the lamp, and used identified representative baseline HID and HPS. (Philips, RIN1904–AC00 the system input power to determine lighting systems and energy-efficient Public Meeting Transcript, No. 1.2.005, energy usage for the proposed substitutes within each lumen output at pp. 85 and 164) Philips noted that determination. DOE evaluated category. Both the baseline system and when California implemented standards manufacturer data on ballast the efficiency substitutes have different that eliminated probe-start MH performance for multiple HID ballast power ratings, with the power rating technologies, the manufacturer saw a designs including constant-wattage decreasing with the increased efficacy of majority of its sales for probe-start MH autotransformer, constant-wattage the substitute. The engineering analysis lamps shift in equal portions to pulse- isolated, high-reactance outputs of cost and power consumption start MH and HPS lamps, respectively. autotransformer, and magnetically- are critical inputs to subsequent Therefore, DOE used both HPS and regulated electronic ballasts. Based on financial cost-benefit calculations for pulse-start MH as substitute options to its evaluation, DOE determined that the individual consumers performed in the the baseline probe-start MH variation in ballast input power across LCC and the national impacts analysis. technologies. DOE developed end-user prices, ballast designs for a given lamp wattage DOE assumes in the analysis including a contractor mark-up rate and is relatively small compared to the supporting today’s proposed average national sales tax, for analyzed energy use difference between different determination that changes in lamp lamp, lamp-and-ballast, and luminaire HID lighting system technologies. For technology will lead to changes in the designs. entire lamp system. DOE therefore used example, for 175 W probe-start ballasts, DOE did not include MV lamps in the the minimum surveyed input power a systems approach in analyzing the engineering analysis for today’s representative equipment types because was 200 W, the maximum surveyed proposed determination. DOE forecasts input power was 226 W, and the median both lamps and ballasts determine a that MV lamp shipments will decline to system’s energy use and light output. input power was 208 W. There is only zero by the effective date of a potential a 13 percent range in input power from Accordingly, the analysis paired lamps HID lamps standard, assumed as 2017 with corresponding ballasts to develop the minimum to the maximum input because of the ban on MV ballast representative lamp-and-ballast systems, powers surveyed. DOE calculated manufactured after January 1, 2008, in order to estimate the actual energy median input wattage across applicable codified in EPCA as amended. (42 usage and light output of operating ballast designs to calculate the system U.S.C. 6295(ee).) Consequently, DOE lamps. energy consumption and concluded that did not analyze MV baseline lamps in In the engineering analysis for today’s ballast energy consumption variation its LCC analysis because MV fixtures are proposed determination, DOE only should be less than a 7-percent effect. no longer a viable purchase option. considered magnetic ballasts because This variation is small compared to the However, DOE did consider the existing they are the most common ballast for relative magnitude of energy savings MV in existing HID installed base when HID lighting systems. DOE estimates calculated in DOE’s analysis. By it performed its national energy savings/ that magnetic ballasts constitute over 90 comparison, the most efficient HID national consumer benefits analysis. percent of HID ballasts currently sold substitute for the baseline 175 watt This installed base of MV systems will and an even higher percentage of the probe start MH lamp is a 100 watt HPS age and be replaced with other HID installed HID ballast stock. Electronic lamp that uses more than 40 percent technologies over time. ballasts entered the market at the end of less power. DOE examined other currently the 1990s, and still occupy less than a For this proposed determination, DOE available commercial equipment for 10 percent market share because of a analyzed a range of lamp capacities. At replacing the least efficacious (baseline) variety of technical and operational least two conventions exist for HID sources—MV and probe-start MH. barriers that are discussed in some characterizing HID lamp capacity: Input ACEEE commented on the 2003 draft detail in the preliminary TSD. power and light output. DOE report, noting that a potential standard categorized representative HID lamps should address replacing probe-start 3. Life-Cycle Cost Analysis based on the light output (measured in MH lamps with pulse-start MH lamps. DOE conducted an initial LCC mean lumens) of the analyzed baseline (ACEEE, No. 11 at p. 2.) Substitutes analysis to estimate the net financial lamp types since, as lamps get more include either HPS or pulse-start MH as benefit to users from the increased efficient, the input power should typical options when replacing either efficacy of HID lamps. The LCC analysis decrease as the user service (i.e., light MV or probe-start MH technologies. compared the additional initial cost of output) stays the same or increases. The HPS lamps are among the most efficient a more efficacious lamp and related analyzed equipment classes correspond electric light sources, and are a viable fixture to the discounted value of with medium-wattage HID lamps substitute in applications where energy electricity savings over the life of the (defined as between 150 and 500 watts), efficiency and/or lower first cost is fixture ballast. DOE’s LCC analysis used

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the following inputs: Estimated average with higher color quality (e.g., pulse- potential energy conservation standard. annual operating hours and lamp start MH) are assumed as mandatory. DOE received comments from ACEEE lifetimes; estimated average prices for DOE obtained information on hours of regarding the discount rates used in the lamps and fixtures; representative operation for the different scenarios 2003 report. ACEEE felt that the 8- maintenance costs; electricity prices from industry publications that provide percent rate was reasonable and the 15- paid by users of HID lamps; and the guidance for installers and lighting percent rate was much too high. discount rate. In commenting on engineers. From these sources DOE (ACEEE, No. 11 at p. 2.) For commercial previous draft reports, PennDOT noted estimated 4,200 hours per year of and industrial consumers, DOE that tariffs vary by region even within operation for exterior applications and estimates the cost of capital for the same State. (PennDOT, No. 5 at p. 5,840 hours per year for interior commercial and industrial companies 1.) While DOE agrees that there is applications. A more detailed by examining both debt and equity regional variation of tariffs, for the discussion of the data sources and the capital, and develops an appropriately purpose of today’s proposed derivation of these estimates are weighted average of the cost to the determination, DOE uses national provided in the preliminary TSD. company of equity and debt financing. average electricity prices for 2009 from In the LCC analysis, DOE also The resulting average discounted the Energy Information Administration’s includes maintenance costs in the industrial and commercial discount (EIA) Annual Energy Outlook 2009 estimation of the LCC of HID lighting rates used in the LCC analysis are 7.6 (AEO 2009) for commercial and systems. DOE examined a range of percent and 7.0 percent, respectively. industrial applications to calculate publicly available information sources In the 2003 report, DOE used retail impacts for the average HID lamp user. and estimated an average annual catalog pricing for HID lamp and fixture The LCC analysis does not include MV maintenance cost of $225 per relamping prices. In response, NEMA commented lamps, since MV ballasts can no longer for exterior applications. DOE could not that retail price catalogs are not a good be imported or manufactured; DOE find comparable data for representative source of actual cost information and assumed that when MV ballasts failed interior maintenance costs but because recommended hiring an energy service consumers would have to switch to of the increased accessibility and better company to solicit bids on prices. another HID technology. working conditions for interior (NEMA, No. 6 at p. 4.) DOE considered installations, DOE divided the exterior The LCC analysis not only evaluated this comment, but while DOE agrees relamping costs by three to estimate the the replacement of the HID lamp, but that there may be inaccuracies in list interior relamping costs. Therefore, for prices, DOE believes that there may also also those cases where the whole system today’s proposed determination DOE be distortions in bid prices that would would need to be replaced. Given the used $225 for each exterior relamping create data that is unrepresentative of specificity of HID lamp-and-ballast and $74 for each interior relamping. future costs. Currently the country is combinations, DOE assumed that DOE requests comment on these experiencing a deep recession where bid replacement of baseline HID systems representative maintenance costs. prices are likely to be substantially with energy-efficient substitutes would, For the LCC analysis, DOE estimated deflated compared to the case of average at a minimum, require a new lamp-and- average commercial and industrial economic conditions. This is likely to ballast system. In some cases, the electricity prices using the 2017 to 2030 distort any bid price data that would be physical and operational characteristics forecasts from EIA’s AEO 2009. After the solicited by DOE. DOE therefore of the replacement lamp-and-ballast 2003 Report, DOE received two believes at this time that catalogue price system may also require replacement of comments regarding the price of data is as representative as bid price the entire fixture. Consequently, DOE electricity. ACEEE recommended using data for the purposes of today’s treated lamp-and-ballast and fixture a later version of the AEO in the final proposed determination. replacement as economic issues in the rule. (ACEEE, No. 11 at 3.) PennDOT DOE estimated the base purchase LCC analysis, which considers the stated that energy tariffs vary across the price of representative HID lamps, installed cost of the lamp, lamp-and- State between the range of $0.035/kWh ballasts, and fixtures using prices ballast system, and fixture. In analyzing to $0.15/kWh. PennDOT felt that the available on both the W.W. Grainger, the lighting system, the ballast has the 2003 rates between $0.09/kWh to $0.11/ Inc. and Goodmart Web sites. These longer lifetime and therefore represents kWh may not return a valid result when online retailer price catalogues were the lifetime of the system (which may compared to actual costs. (PennDOT, selected because they offer a wide range have the lamp replaced several times No. 5 at p. 1.) While DOE agrees that of products (i.e., lamps, ballasts, and before the ballast is replaced). DOE there may be substantial variability in fixtures) for multiple types of HID lamps therefore set the LCC analysis period tariffs, for today’s proposed and wattages. The municipal equal to the lifetime of the fixture determination DOE believes that using procurement contracts also exist for HID ballast in years, i.e., 50,000 hours the average price of electricity is lamps and can provide price data, but divided by the annual operating hours. sufficient to characterize the overall do not contain price data for other This approach is consistent with the economic justification of a potential components of the lamp system needed LCC methodology that DOE used in the standard. DOE is therefore using the for the analysis. DOE also evaluated 2003 draft report. average price per end use sector (i.e., State procurement contracts for fixtures DOE assigned annual operating hours commercial or industrial) over the but found then to be highly variable. to representative equipment based on course of the analysis period. DOE DOE therefore used the prices two operating scenarios. Exterior requests comment as to whether in the developed from the Grainger and lighting applications were assumed for full rulemaking analysis, DOE’s analysis Goodmart Web sites as an information the commercial operating scenario, should include the minimum, mean, source that is publicly available where HID lamps with poorer color and the maximum energy tariffs for the (requiring no special log in to access the quality (e.g., HPS) are a viable substitute relevant end use sectors. data) and which offers product (e.g., street and parking lot lighting). In the LCC analysis, the discount rate information that could be applied to the Interior lighting applications were determines the relative value of future full range of HID lighting system assumed for the industrial operating energy savings compared to increases in technologies and components. The scenario, where ‘‘white light’’ substitutes first costs that may arise from a preliminary TSD lists the price data that

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DOE obtained from all sources, choose each replacement option.’’ example, some of the HID lamps sold in including RS–Means, State procurement Allegheny surveyed fixture and lamp 2030 will operate through 2035. contracts, Grainger, and Goodmart. HID suppliers and found that 80 percent DOE calculated primary energy (i.e., prices vary by region, manufacturer, would replace the fixture, and the energy used by the power plant) savings quantity, type, and quality (and that end remaining 20 percent would either associated with end-use electricity users may pay different prices), and replace the lamp or lamp-and-ballast. savings using data from EIA’s AEO therefore DOE attempted to select price (Allegheny, No. 12 at pp. 2–3.) 2009. These data provided an average data for different lighting system Allegheny’s comments are supported by multiplier for relating end-use options that were directly comparable. ACEEE’s comments that ‘‘evidence electricity to primary energy use for DOE invites comment on its selection supports full luminaire replacement of each year from 2017 to 2030. DOE and analysis of the available HID some metal halide systems over more extrapolated the trend in these years to lighting system price data. time-consuming lamp/ballast derive factors for 2031 to 2046. DOE added a contractor mark-up to replacements.’’ (ACEEE, No. 11 at p. 3.) the fixture cost to reflect the actual Today’s proposed determination 5. National Consumer Impacts Analysis installed prices in the LCC. ACEEE includes lamp-and-ballast and fixture commented that DOE should assume a replacement costs when determining the DOE estimated the national economic 13-percent contractor mark-up rate. LCC for HID lamps. effect on end users in terms of the NPV (ACEEE, No. 11 at p. 2.) DOE compared of cumulative benefits from 2017 to this markup with data from other 4. National Energy Savings Analysis 2046. It considered the effects under the lighting rules, agreed with the ACEEE To estimate national energy savings same range of scenarios as it did for comment, and used a mark-up of 13 for HID lamps sold from 2017 through estimating national energy savings. It percent in the proposed determination. 2046, DOE calculated the estimated used the new equipment costs and DOE also added an average national energy usage of analyzed lamp-and- energy savings for each energy sales tax of 7 percent to the installed ballast systems in a base case (absent a efficiency level that it applied in the cost. standard) and a standards case. DOE LCC analysis. To simplify the analysis, Depending on when different parts of calculated the installed base of HID DOE estimated the value of energy an HID lighting system are replaced, the lamps using historical lamp shipments savings using the average AEO 2009 costs of switching to improved efficacy data provided by NEMA. Projected forecast electricity price from 2017 to lamps can vary. DOE therefore shipments were based on the lamp 2030. DOE discounted future costs and requested comment in the 2003 draft lifetimes, system energy use, and benefits by using 3 percent and 7 report regarding when a standard might operating scenarios developed for the percent discount rate, according to the prompt: (1) A lamp replacement; (2) LCC analysis, as well as estimated ‘‘Guidelines and Discount Rates for replacement of both the lamp and the market and substitution trends in the Benefit Analysis of Federal Programs,’’ ballast; or (3) replacement of the entire base case and standards case. issued by the Office of Management and HID lighting fixture. Allegheny To estimate potential energy savings Budget in 1992 (Circular No. A–94, commented that for all but roadway from the proposed energy conservation Revised). fixtures that are customer-owned and standard, DOE used an accounting under Allegheny’s contract model that calculated total end-use C. Analysis Results maintenance, Allegheny would replace electricity savings in each year of a 30- 1. Engineering Analysis the fixture outright if the lamp were no year forecast. The model featured an longer available. (Allegheny, No. 12 at equipment-retirement function to As described above, DOE conducted pp. 2–3.) DOE also asked interested calculate the number of units sold in a separate analyses examining 10 parties ‘‘to provide their estimates of the given year, or vintage, which would still representative HID lamp types, as percentage of the market that will be in operation in future years. For presented in Table II.1.

TABLE II.1—REPRESENTATIVE LAMP OPTIONS

Energy Approximate Energy Baseline efficient efficient Category Sub-category light output W option 1, mean lumens * PMH ** option 2, HPS W W

Medium wattage (150–500) ...... Probe-Start MH baseline ...... 8,800 175 150 100 13,700 250 175 150 23,500 360 320 250 25,200 400 320 250 * Mean lumens provided from manufacturers’ catalogs. ** PMH = pulse-start metal halide.

In the engineering analysis, for a lamp the representative ballast type chosen replacement scenario. In this scenario, a to be considered a suitable option, its for each option. failed baseline lamp is replaced either replacement had to produce at least 90 with an identical baseline lamp, or with 2. Life-Cycle Cost and Payback Period percent of the mean lumen output of the a substitute lamp-and-ballast system. Analysis baseline system and draw less power These analyses were based on than the baseline lamp-and-ballast Table II.2 to Table II.5 present the representative, incremental lamp and system. Power was determined by the results for medium wattage probe-start fixture prices as well as maintenance lamp-and-ballast input, based in part on MH lamps and higher-efficiency costs. A full rulemaking would yield substitute HID lamps in a lamp-only more detailed results than the

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representative analyses conducted. than the LCC of an inefficient lamp-only Generally, the LCC of a high-efficiency replacement. lamp and ballast replacement is higher

TABLE II.2—175 W PROBE-START MH BASELINE

Industrial/interior Commercial/exterior Baseline Substitute 1 Baseline Substitute 2 175 W MH 150 W PMH 175 W MH 100 W HPS $ $ $ $

Ballast Price ...... 190.22 ...... 234.10 Lamp Price...... 49.58 64.09 49.58 49.23 Total First Cost ...... 49.58 254.31 49.58 283.33 Incremental First Cost ...... 204.73 ...... 233.75 Annual Operating Cost ...... 149.23 141.02 297.28 263.26 Annual Operating Cost Differential ...... 8.21 ...... 34.02 Life-Cycle Cost (7% Discount Rate) ...... 808.83 1,056.34 1,947.52 2,059.27 LCC Savings ...... ¥247.51 ...... ¥111.75 Payback Period (years) ...... 24.94 ...... 6.87

TABLE II.3—250 W PROBE-START MH BASELINE

Industrial/interior Commercial/exterior Baseline Substitute 1 Baseline Substitute 2 250 W MH 175 W PMH 250 W MH 150 W HPS $ $ $ $

Ballast Price ...... 195.54 ...... 260.18 Lamp Price...... 53.08 68.76 53.08 60.91 Total First Cost ...... 53.08 264.30 53.08 321.09 Incremental First Cost ...... 211.22 ...... 268.01 Annual Operating Cost ...... 178.85 149.59 330.11 288.18 Annual Operating Cost Differential ...... 29.26 ...... 41.93 Life-Cycle Cost (7% Discount Rate) ...... 853.30 994.23 1,983.51 2,126.51 LCC Savings ...... ¥140.93 ...... ¥143.00 Payback Period (years) ...... 7.22 ...... 6.39

TABLE II.4—360 W PROBE-START MH BASELINE

Industrial/interior Commercial/exterior Baseline Substitute 1 Baseline Substitute 2 360 W MH 320 W PMH 360 W MH 250 W HPS $ $ $ $

Ballast Price ...... 226.43 ...... 211.52 Lamp Price...... 56.92 90.54 56.92 79.64 Total First Cost ...... 56.92 316.97 56.92 291.16 Incremental First Cost ...... 260.05 ...... 234.24 Annual Operating Cost ...... 217.75 205.97 373.22 331.69 Annual Operating Cost Differential ...... 11.78 ...... 41.53 Life-Cycle Cost (7% Discount Rate) ...... 788.24 1,083.54 1,919.94 2,146.17 LCC Savings ...... ¥295.30 ...... ¥226.23 Payback Period (years) ...... 22.08 ...... 5.64

TABLE II.5—400 W PROBE-START MH BASELINE

Industrial/interior Commercial/exterior Baseline Substitute 1 Baseline Substitute 2 400 W MH 320 W PMH 400 W MH 250 W HPS $ $ $ $

Ballast Price ...... 226.43 ...... 211.52 Lamp Price...... 58.08 90.54 58.08 79.64 Total First Cost ...... 58.08 316.97 58.08 291.16 Incremental First Cost ...... 258.89 ...... 233.08 Annual Operating Cost ...... 237.74 205.97 395.37 331.69 Annual Operating Cost Differential ...... 31.77 ...... 63.68 Life-Cycle Cost (7% Discount Rate) ...... 810.40 1,083.54 1,937.06 2,146.17 LCC Savings ...... ¥273.14 ...... ¥209.11

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TABLE II.5—400 W PROBE-START MH BASELINE—Continued

Industrial/interior Commercial/exterior Baseline Substitute 1 Baseline Substitute 2 400 W MH 320 W PMH 400 W MH 250 W HPS $ $ $ $

Payback Period (years) ...... 8.15 ...... 3.66

Table II.6 to Table II.69 present the scenario. In this scenario, a consumer representative and incremental lamp results for medium wattage probe-start selects either a baseline or substitute and fixture prices as well as MH lamps and higher-efficiency fixture and lamp. In the exterior lighting maintenance costs. A full rulemaking substitute HID lamps in a new cases, the HPS substitutes have a lower would yield more detailed results than construction or fixture replacement LCC. These analyses were based on the representative analyses conducted.

TABLE II.6—175 W PROBE-START MH BASELINE

Industrial/interior Commercial/exterior Baseline Substitute 1 Baseline Substitute 2 175 W MH 150 W PMH 175 W MH 100 W HPS $ $ $ $

Fixture Price (incl. ballast) ...... 260.51 310.10 356.51 376.34 Lamp Price...... 49.58 64.09 49.58 49.23 Total First Cost ...... 310.09 374.19 406.09 425.57 Incremental First Cost ...... 64.10 ...... 19.73 Annual Operating Cost ...... 149.23 141.02 297.28 263.26 Annual Operating Cost Differential ...... 8.21 ...... 34.02 Life-Cycle Cost (7% Discount Rate) ...... 1,069.34 1,176.22 2,304.03 2,201.51 LCC Savings ...... ¥106.89 ...... 102.52 Payback Period (years) ...... 7.81 ...... 0.58

TABLE II.7—250 W PROBE-START MH BASELINE

Industrial/interior Commercial/exterior Baseline Substitute 1 Baseline Substitute 2 250 W MH 175 W PMH 250 W MH 150 W HPS $ $ $ $

Fixture Price (incl. ballast) ...... 297.77 325.63 393.77 382.01 Lamp Price...... 53.08 68.76 53.08 60.91 Total First Cost ...... 350.85 394.39 446.85 442.92 Incremental First Cost ...... 43.54 ...... ¥3.93 Annual Operating Cost ...... 178.85 149.59 330.11 288.18 Annual Operating Cost Differential ...... 29.26 ...... 41.93 Life-Cycle Cost (7% Discount Rate) ...... 1,151.07 1,124.32 2,377.28 2,248.34 LCC Savings ...... 26.75 ...... 128.94 . Payback Period (years) ...... 1.49 ...... ¥0.09

TABLE II.8—360 W PROBE-START MH BASELINE

Industrial/interior Commercial/exterior Baseline Substitute 1 Baseline Substitute 2 360 W MH 320 W PMH 360 W MH 250 W HPS $ $ $ $

Fixture Price (incl. ballast) ...... 352.43 415.69 448.43 393.34 Lamp Price...... 56.92 90.54 56.92 79.64 Total First Cost ...... 409.35 506.23 505.35 472.98 Incremental First Cost ...... 96.88 ...... ¥32.37 Annual Operating Cost ...... 217.75 205.97 373.22 331.69 Annual Operating Cost Differential ...... 11.78 ...... 41.53 Life-Cycle Cost (7% Discount Rate) ...... 1,140.67 1,272.81 2,368.37 2,328.00 LCC Savings ...... ¥132.14 ...... 40.37 Payback Period (years) ...... 8.22 ...... ¥0.78

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TABLE II.9—400 W PROBE-START MH BASELINE

Industrial/interior Commercial/exterior Baseline Substitute 1 Baseline Substitute 2 400 W MH 320 W PMH 400 W MH 250 W HPS $ $ $ $

Fixture Price (incl. ballast) ...... 372.31 415.69 468.31 393.34 Lamp Price...... 58.08 90.54 58.08 79.64 Total First Cost ...... 430.39 506.23 526.39 472.98 Incremental First Cost ...... 75.84 ...... ¥53.41 Annual Operating Cost ...... 237.74 205.97 395.37 331.69 Annual Operating Cost Differential ...... 31.77 ...... 63.68 Life-Cycle Cost (7% Discount Rate) ...... 1,182.71 1,272.81 2,405.37 2,328.00 LCC Savings ...... ¥90.10 ...... 77.37 Payback Period (years) ...... 2.39 ...... ¥0.84

3. National Energy Savings and ‘‘significant energy savings.’’ Today’s would result in significant energy Consumer Impacts proposed determination estimates that a savings. standard for HID lamps would result in DOE estimated national energy 3. Economic Justification energy savings of at least 2.8 quads over savings and consumer effects of energy a 30-year analysis period (2017–2046). Section 346(b)(1) of EPCA requires conservation standards for the Although the term ‘‘significant’’ is not that energy conservation standards for considered HID lamps using its own defined in the Act, the U.S. Court of HID lamps be economically justified. engineering analysis data. DOE assumed Appeals for the District of Columbia, in (42 U.S.C. 6317(b)(1)) Using the that energy conservation standards Natural Resources Defense Council v. methods and data described in section would take effect in 2017, and estimated Herrington, 768 F.2d 1355, 1373 (DC II.B, DOE conducted a LCC analysis to cumulative energy savings and NPV Cir. 1985), indicated that Congress estimate the net benefits to users from impacts relative to a base case and a intended ‘‘significant’’ energy savings in increased efficiency in the considered standards case. a manner consistent with section 325 of HID lamps. DOE then aggregated the The results using DOE’s analysis of the Act (42 U.S.C. 6295(o)(3)(B)) to be results from the LCC analysis to design options indicate cumulative savings that were not ‘‘genuinely estimate national energy savings and energy savings for medium-wattage HID trivial.’’ DOE published two other national economic impacts. DOE lamps of 2.8 quads and a corresponding determinations in 2006 (Small Electric estimated that the net present value of NPV of $15.0 billion (2009$) at a 3 Motors, 71 FR 38799, 38806 (July 10, the consumer costs and benefits from a percent discount rate and $3.5 billion at 2006)) and 2009 (Non-Class A External potential standard are $15.0 billion and a 7 percent discount rate over a 30-year Power Supplies, 74 FR 56928, 56929 $3.5 billion at three percent and seven analysis period (2017–2046). (November 3, 2009)) for other percent discount rates respectively. In estimating the NPV, DOE estimated equipment and products that had Thus, DOE proposes to determine that the fraction of replacements that would significant savings. DOE’s determination potential energy conservation standards use the different technologies and for small electric motors estimated for HID lamps are economically would be either a lamp-only or a total energy savings of 0.61 to 0.78 quads justified. fixture replacement. While some over a 20-year period and therefore met replacements would have negative LCC, III. Procedural Issues and Regulatory the threshold for ‘‘significant.’’ In the Review on a national scale these are outweighed small electric motors determination, by those lamp and fixture replacements DOE used analysis for room air A. Review Under Executive Order 12866 that have positive economic impacts on conditioners as a precedent, finding that This proposed determination is not consumers. savings of 0.36 to 0.96 quads over a 30- subject to review under Executive Order D. Discussion year period met the requirement for a (E.O.) 12866, ‘‘Regulatory Planning and standard. 62 FR 50122, 50142 Review.’’ 58 FR 51735 (October 4, 1993). 1. Technological Feasibility (September 24, 1997). DOE’s analysis in Section 346(a)(1) of EPCA (42 U.S.C. the determination for Non-Class A B. Review Under the Regulatory 6317(a)(1)) mandates that DOE External Power Supplies resulted in Flexibility Act determine whether energy conservation 0.14 quads of energy over 30 years The Regulatory Flexibility Act (5 standards for HID lamps would be (2013–2042), and DOE deemed those U.S.C. 601 et seq., as amended by the ‘‘technologically feasible.’’ DOE energy savings as ‘‘significant.’’ In the Small Business Regulatory Enforcement proposes to determine that energy 2009 final rule for energy conservation Fairness Act of 1996) requires conservation standards for HID lamps standards for refrigerated bottled or preparation of an initial regulatory would be technologically feasible canned beverage vending machines, flexibility analysis for any rule that, by because they can be satisfied with HID DOE estimated that 0.159 quads would law, must be proposed for public lighting systems that are currently be saved over 30 years (2012–2042). 74 comment, unless the agency certifies available on the market. FR 44914, 44915 (August 31, 2009). that the proposed rule, if promulgated, DOE believes that the estimated energy will not have a significant economic 2. Significance of Energy Savings savings of 2.8 quads over 30 years for impact on a substantial number of small Section 346(a)(1) of EPCA (42 U.S.C. the considered HID lamps are not entities. A regulatory flexibility analysis 6317(a)(1)) mandates that DOE ‘‘genuinely trivial,’’ and DOE proposes to examines the impact of the rule on determine whether energy conservation determine that potential energy small entities and considers alternative standards for HID lamps would result in conservation standards for HID lamps ways of reducing negative effects. Also,

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as required by E.O. 13272, ‘‘Proper proposed determination would only regulation specifies the following: (1) Consideration of Small Entities in determine that future standards may be The preemptive effect, if any; (2) any Agency Rulemaking,’’ 67 FR 53461 warranted, but would not propose to set effect on existing Federal law or (August 16, 2002), DOE published any standard, DOE has determined that regulation; (3) a clear legal standard for procedures and policies on February 19, there are no environmental impacts to affected conduct while promoting 2003 to ensure that the potential impact be evaluated at this time. Accordingly, simplification and burden reduction; (4) of its rules on small entities are properly neither an environmental assessment the retroactive effect, if any; (5) considered during the DOE rulemaking nor an environmental impact statement definitions of key terms; and (6) other process. 68 FR 7990 (February 19, 2003). is required. important issues affecting clarity and DOE made its procedures and policies E. Review Under Executive Order 13132 general draftsmanship under any available on the Office of the General guidelines issued by the Attorney Counsel’s Web site at http:// E.O. 13132, ‘‘Federalism,’’ 64 FR General. Section 3(c) of E.O. 12988 www.gc.doe.gov. 43255 (August 10, 1999), imposes requires Executive agencies to review DOE reviewed today’s proposed certain requirements on agencies regulations in light of applicable determination under the provisions of formulating and implementing policies standards in sections 3(a) and 3(b) to the Regulatory Flexibility Act and the or regulations that preempt State law or determine whether these standards are policies and procedures published on that have Federalism implications. The met, or whether it is unreasonable to February 19, 2003. Executive Order requires agencies to meet one or more of them. DOE Today’s proposed determination, if examine the constitutional and statutory completed the required review and adopted, would set no standards; it authority supporting any action that determined that, to the extent permitted would only positively determine that would limit the policymaking discretion by law, this proposed determination future standards may be warranted and of the States and to assess carefully the meets the relevant standards of E.O. should be explored in an energy necessity for such actions. The 12988. conservation standards rulemaking. Executive Order also requires agencies Economic impacts on small entities to have an accountable process to G. Review Under the Unfunded would be considered in the context of ensure meaningful and timely input by Mandates Reform Act of 1995 such a rulemaking. On the basis of the State and local officials in developing foregoing, DOE certifies that the regulatory policies that have Federalism Title II of the Unfunded Mandates proposed determination, if adopted, implications. On March 14, 2000, DOE Reform Act of 1995 (UMRA) (Pub. L. would have no significant economic published a statement of policy 104–4, codified at 2 U.S.C. 1501 et seq.) impact on a substantial number of small describing the intergovernmental requires each Federal agency to assess entities. Accordingly, DOE has not consultation process that it will follow the effects of Federal regulatory actions prepared a regulatory flexibility analysis in developing such regulations. 65 FR on State, local, and Tribal governments for this proposed determination. DOE 13735 (March 14, 2000). DOE has and the private sector. For regulatory will transmit this certification and examined today’s proposed actions likely to result in a rule that may supporting statement of factual basis to determination and concludes that it cause expenditures by State, local, and the Chief Counsel for Advocacy of the would not preempt State law or have Tribal governments, in the aggregate, or Small Business Administration for substantial direct effects on the States, by the private sector of $100 million or review under 5 U.S.C. 605(b). on the relationship between the Federal more in any 1 year (adjusted annually government and the States, or on the for inflation), section 202 of UMRA C. Review Under the Paperwork distribution of power and requires a Federal agency to publish a Reduction Act of 1995 responsibilities among the various written statement that estimates the This proposed determination, which levels of government. EPCA governs and resulting costs, benefits, and other proposes to determine that the prescribes Federal preemption of State effects on the national economy. (2 development of energy conservation regulations as to energy conservation for U.S.C. 1532(a) and (b)) UMRA requires standards for HID lamps is warranted, the equipment that is the subject of a Federal agency to develop an effective would impose no new information or today’s proposed determination. States process to permit timely input by record keeping requirements. can petition DOE for exemption from elected officers of State, local, and Accordingly, the Office of Management such preemption to the extent Tribal governments on a proposed and Budget (OMB) clearance is not permitted, and based on criteria, set ‘‘significant intergovernmental required under the Paperwork forth in EPCA. (42 U.S.C. 6297) No mandate.’’ UMRA also requires an Reduction Act. (44 U.S.C. 3501 et seq.) further action is required by E.O. 13132. agency plan for giving notice and opportunity for timely input to small D. Review Under the National F. Review Under Executive Order 12988 governments that may be potentially Environmental Policy Act of 1969 With respect to the review of existing affected before establishing any In this notice, DOE proposes to regulations and the promulgation of requirement that might significantly or positively determine that future new regulations, section 3(a) of E.O. uniquely affect them. On March 18, standards may be warranted and that 12988, ‘‘Civil Justice Reform,’’ 61 FR 1997, DOE published a statement of environmental impacts should be 4729 (February 7, 1996), imposes on policy on its process for explored in an energy conservation Federal agencies the duty to: (1) intergovernmental consultation under standards rulemaking. DOE has Eliminate drafting errors and ambiguity; UMRA. 62 FR 12820 (March 18, 1997). determined that review under the (2) write regulations to minimize (This policy is also available at http:// National Environmental Policy Act of litigation; (3) provide a clear legal www.gc.doe.gov). Today’s proposed 1969 (NEPA), Pub. L. 91–190, codified standard for affected conduct rather determination contains neither an at 42 U.S.C. 4321 et seq. is not required than a general standard; and (4) promote intergovernmental mandate nor a at this time. NEPA review can only be simplification and burden reduction. mandate that may result in the initiated ‘‘as soon as environmental Section 3(b) of E.O. 12988 specifically expenditure of $100 million or more in impacts can be meaningfully evaluated’’ requires that Executive agencies make any year, so these UMRA requirements (10 CFR 1021.213(b)). Because this every reasonable effort to ensure that the do not apply.

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H. Review Under the Treasury and energy supply, distribution, or use if the the date provided at the beginning of General Government Appropriations proposal is implemented, and of this notice. After the close of the Act of 1999 reasonable alternatives to the proposed comment period, DOE will review the Section 654 of the Treasury and action and their expected benefits on comments received and determine, by General Government Appropriations energy supply, distribution, and use. June 30, 2010, whether energy Act of 1999 (Pub. L. 105–277) requires DOE has concluded that today’s conservation standards for HID lamps Federal agencies to issue a Family action proposing to determine that are warranted. Policymaking Assessment for any rule development of energy conservation Comments, data, and information that may affect family well-being. This standards for HID lamps may be submitted to DOE’s e-mail address for proposed determination would not have warranted would not have a significant this proposed determination should be any impact on the autonomy or integrity adverse effect on the supply, provided in WordPerfect, Microsoft of the family as an institution. distribution, or use of energy. This Word, PDF, or text (ASCII) file format. Accordingly, DOE has concluded that it action is also not a significant regulatory Submissions should avoid the use of is not necessary to prepare a Family action for purposes of E.O. 12866, or special characters or any form of Policymaking Assessment. any successor order. Therefore, this encryption, and wherever possible proposed determination is not a comments should include the electronic I. Review Under Executive Order 12630 significant energy action. Accordingly, signature of the author. No Pursuant to E.O. 12630, DOE has not prepared a Statement of telefacsimiles (faxes) will be accepted. ‘‘Governmental Actions and Interference Energy Effects for this proposed According to 10 CFR Part 1004.11, with Constitutionally Protected Property determination. any person submitting information that Rights,’’ 53 FR 8859 (March 15, 1988), he or she believes to be confidential and L. Review Under the Information DOE determined that this proposed exempt by law from public disclosure Quality Bulletin for Peer Review determination would not result in any should submit two copies: One copy of takings that might require compensation On December 16, 2004, OMB, in the document should have all the under the Fifth Amendment to the U.S. consultation with the Office of Science information believed to be confidential Constitution. and Technology Policy (OSTP), issued deleted. DOE will make its own its Final Information Quality Bulletin determination as to the confidential J. Review Under the Treasury and for Peer Review (the Bulletin). 70 FR status of the information and treat it General Government Appropriations 2664 (January 14, 2005). The Bulletin according to its determination. Act of 2001 establishes that certain scientific Factors of interest to DOE when The Treasury and General information shall be peer reviewed by evaluating requests to treat submitted Government Appropriation Act of 2001 qualified specialists before it is information as confidential include (1) a (44 U.S.C. 3516, note) requires agencies disseminated by the Federal description of the items; (2) whether to review most disseminations of government, including influential and why such items are customarily information they make to the public scientific information related to agency treated as confidential within the under guidelines established by each regulatory actions. The purpose of the industry; (3) whether the information is agency pursuant to general guidelines Bulletin is to enhance the quality and generally known or available from issued by OMB. The OMB’s guidelines credibility of the Government’s public sources; (4) whether the were published at 67 FR 8452 (February scientific information. Under the information has previously been made 22, 2002), and DOE’s guidelines were Bulletin, the energy conservation available to others without obligations published at 67 FR 62446 (October 7, standards rulemaking analyses are concerning its confidentiality; (5) an 2002). DOE has reviewed today’s ‘‘influential scientific information.’’ The explanation of the competitive injury to proposed determination under the OMB Bulletin defines ‘‘influential scientific the submitting persons which would and DOE guidelines and has concluded information’’ as ‘‘scientific information result from public disclosure; (6) a date that it is consistent with applicable the agency reasonably can determine after which such information might no policies in those guidelines. will have, or does have, a clear and longer be considered confidential; and K. Review Under Executive Order 13211 substantial impact on important public (7) why disclosure of the information policies or private sector decisions.’’ 70 would be contrary to the public interest. E.O. 13211, ‘‘Actions Concerning FR 2667 (January 14, 2005). Regulations That Significantly Affect B. Issues on Which DOE Seeks In response to OMB’s Bulletin, DOE Energy Supply, Distribution, or Use,’’ 66 Comments conducted formal in-progress peer FR 28355 (May 22, 2001), requires reviews of the energy conservation Comments are welcome on all aspects Federal agencies to prepare and submit standards development process and of this proposed determination. DOE is to OMB a Statement of Energy Effects analyses, and has prepared a Peer particularly interested in receiving for any proposed significant energy Review Report pertaining to the energy comment from interested parties on the action. A ‘‘significant energy action’’ is following issues as they relate to HID defined as any action by an agency that conservation standards rulemaking analyses. The ‘‘Energy Conservation lamps: promulgates a final rule or is expected • Applications not included in the to lead to promulgation of a final rule, Standards Rulemaking Peer Review Report,’’ dated February 2007, has been proposed determination analysis; and that: (1) Is a significant regulatory • disseminated and is available at http:// Definition of high-pressure sodium action under E.O. 12866, or any lamps; successor order; and (2) is likely to have www1.eere.energy.gov/buildings/ • appliance_standards/peer_review.html. Equipment (including lamp, ballast, a significant adverse effect on the and fixture) lifetimes; supply, distribution, or use of energy; or IV. Public Participation • Possible negative effects on small (3) is designated by the Administrator of A. Submission of Comments businesses; OIRA as a significant energy action. For • Present-year shipments estimates; any proposed significant energy action, DOE will accept comments, data, and • Present-year efficiency the agency must give a detailed information regarding this notice of distributions; statement of any adverse effects on proposed determination no later than • Market-growth forecasts;

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• Usage profiles; 35 amperes (Amps) battery bus (BATT section of this proposal. Include ‘‘Docket • Technology options for increasing BUS) circuit breaker that was not within No. FAA–2010–0449; Directorate efficiency; design requirements. These actions are Identifier 2009–SW–38–AD’’ at the • Costs related to increasing intended to replace the 35 Amps with beginning of your comments. We efficiency; a 50 Amps circuit breaker and replace specifically invite comments on the • Equipment cost; the wires with oversized ones to prevent overall regulatory, economic, • Maintenance costs; an electrical failure, loss of electrical environmental, and energy aspects of • Unit energy consumption power, and subsequent loss of control of this proposed AD. We will consider all calculations and values; and the helicopter. comments received by the closing date • Alternative sources, databases, and DATES: We must receive comments on and may amend this proposed AD based methodologies for the analyses and this proposed AD by May 27, 2010. on those comments. We will post all comments we inputs used in this proposed ADDRESSES: You may send comments by determination. any of the following methods: receive, without change, to http:// • Federal eRulemaking Portal: Go to www.regulations.gov, including any V. Approval of the Office of the personal information you provide. We Assistant Secretary http://www.regulations.gov. Follow the instructions for submitting your will also post a report summarizing each The Assistant Secretary of DOE’s comments electronically. substantive verbal contact we receive Office of Energy Efficiency and • Fax: (202) 493–2251. about this proposed AD. Renewable Energy has approved • Mail: U.S. Department of Discussion publication of this proposed Transportation, Docket Operations, M– EASA, which is the Technical Agent determination. 30, West Building Ground Floor, Room for the Member States of the European W12–140, 1200 New Jersey Avenue, SE., List of Subjects in 10 CFR Part 431 Community, has issued EASA AD 2009– Washington, DC 20590. Administrative practice and • Hand Delivery: U.S. Department of 0137, dated June 23, 2009, to correct an procedure, Confidential business Transportation, Docket Operations, M– unsafe condition for the Agusta Model information, Energy conservation, 30, West Building Ground Floor, Room A109E helicopters. Following a report of an electrical Reporting and recordkeeping W12–140, 1200 New Jersey Avenue, SE., failure, Agusta investigated the requirements. Washington, DC 20590, between 9 a.m. electrical power generation system and Issued in Washington, DC, on April 22, and 5 p.m., Monday through Friday, identified inadequate functioning of the 2010. except Federal holidays. 35 Amps BATT BUS circuit breaker. To Cathy Zoi, You may get the service information prevent an electrical failure, the Assistant Secretary, Energy Efficiency and identified in this proposed AD from manufacturer has developed a BATT Renewable Energy. Agusta, Via Giovanni Agusta, 520 21017 BUS circuit breaker modification kit for Cascina Costa di Samarate (VA), Italy, [FR Doc. 2010–9714 Filed 4–26–10; 8:45 am] replacing the 35 Amps circuit breaker telephone 39 0331–229111, fax 39 BILLING CODE 6450–01–P with a 50 Amps circuit breaker and 0331–229605/222595, or at http:// replacing the wires with oversized ones. customersupport.agusta.com/ You may obtain further information by DEPARTMENT OF TRANSPORTATION technical_advice.php. Examining the docket: You may examining the MCAI AD and any related service information in the AD Federal Aviation Administration examine the AD docket on the Internet at http://www.regulations.gov or in docket. 14 CFR Part 39 person at the Docket Operations office Related Service Information between 9 a.m. and 5 p.m., Monday [Docket No. FAA–2010–0449; Directorate Agusta has issued Bollettino Tecnico Identifier 2009–SW–38–AD] through Friday, except Federal holidays. No. 109EP–98, dated June 22, 2009, that The AD docket contains this proposed specifies modifying the BATT BUS RIN 2120–AA64 AD, the economic evaluation, any circuit breaker installation. The service comments received, and other Airworthiness Directives; Agusta information specifies modifying the information. The street address for the fuselage electrical installation, part S.p.A. (Agusta) Model A109E Docket Operations office (telephone Helicopters number (P/N) 109–0741–49, and the (800) 647–5527) is stated in the overhead panel electrical installation, AGENCY: Federal Aviation ADDRESSES section of this AD. P/N 109–0741–55, with a BATT BUS Administration (FAA), Department of Comments will be available in the AD circuit breaker modification kit, P/N Transportation (DOT). docket shortly after receipt. 109–0824–73–101. The actions ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: described in the MCAI AD are intended (NPRM). DOT/FAA Southwest Region, Mark to correct the same unsafe condition as Wiley, ASW–111, Aviation Safety that identified in the service SUMMARY: We propose adopting a new Engineer, Rotorcraft Directorate, information. airworthiness directive (AD) for the Regulations and Policy Group, 2601 Agusta Model A109E helicopters. This Meacham Blvd., Fort Worth, Texas FAA’s Evaluation and Unsafe Condition proposed AD results from a mandatory 76137, telephone (817) 222–5114, fax Determination continuing airworthiness information (817) 222–5961. This model helicopter has been (MCAI) AD issued by the European SUPPLEMENTARY INFORMATION: approved by the aviation authority of Aviation Safety Agency (EASA), which Italy and is approved for operation in is the Technical Agent for the Member Comments Invited the United States. Pursuant to our States of the European Community. The We invite you to send any written bilateral agreement with Italy, EASA, MCAI AD states that after a report of an data, views, or arguments about this their Technical Agent, has notified us of electrical failure, an investigation proposed AD. Send your comments to the unsafe condition described in the revealed inadequate functioning of the an address listed in the ADDRESSES MCAI AD. We are proposing this AD

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because we evaluated the information 2. Is not a ‘‘significant rule’’ under the Bollettino Tecnico No. 109EP–98, dated June provided by EASA and determined the DOT Regulatory Policies and Procedures 22, 2009. unsafe condition exists and is likely to (44 FR 11034, February 26, 1979); and Differences Between This AD and the MCAI exist or develop on other helicopters of 3. Will not have a significant AD the same type design. economic impact, positive or negative, (f) We refer to flight hours as hours time- on a substantial number of small entities Differences Between This AD and the in-service. Also, we do not refer to a calendar under the criteria of the Regulatory MCAI AD compliance date of December 31, 2009, Flexibility Act. because the effective date of this AD would We refer to flight hours as hours time- We prepared an economic evaluation be later than that date. in-service. Also, we do not refer to a of the estimated costs to comply with Other Information this proposed AD and placed it in the calendar compliance date of December (g) Alternative Methods of Compliance 31, 2009, because the effective date of AD docket. (AMOCs): The Manager, Safety Management this AD would be later than that date. List of Subjects in 14 CFR Part 39 Group, ATTN: DOT/FAA Southwest Region, Mark Wiley, ASW–111, Aviation Safety Costs of Compliance Air transportation, Aircraft, Aviation Engineer, Rotorcraft Directorate, Regulations We estimate that this AD would affect safety, Incorporation by reference, and Policy Group, 2601 Meacham Blvd., Fort about 73 helicopters of U.S. registry. We Safety. Worth, Texas 76137, telephone (817) 222– 5114, fax (817) 222–5961, has the authority also estimate that it would take about 5 The Proposed Amendment to approve AMOCs for this AD, if requested, work-hours per helicopter to modify the Accordingly, under the authority using the procedures found in 14 CFR 39.19. BATT BUS circuit breaker installation. delegated to me by the Administrator, The average labor rate is $85 per work- Related Information the FAA proposes to amend 14 CFR part hour. Required parts will cost about (h) EASA MCAI AD No. 2009–0137, dated 39 as follows: $700 for the BATT BUS circuit breaker June 23, 2009, contains related information. kit. Based on these figures, we estimate PART 39—AIRWORTHINESS Joint Aircraft System/Component (JASC) the cost of this AD on U.S. operators DIRECTIVES Code would be $82,125, assuming the entire (i) The JASC Code is 2460: Electrical Power fleet is modified. 1. The authority citation for part 39 Systems. continues to read as follows: Authority for This Rulemaking Issued in Fort Worth, Texas, on April 7, Authority: 49 U.S.C. 106(g), 40113, 44701. 2010. Title 49 of the United States Code Mark R. Schilling, specifies the FAA’s authority to issue § 39.13 [Amended] 2. The FAA amends § 39.13 by adding Acting Manager, Rotorcraft Directorate, rules on aviation safety. Subtitle I, Aircraft Certification Service. section 106, describes the authority of the following new AD: [FR Doc. 2010–9696 Filed 4–26–10; 8:45 am] the FAA Administrator. ‘‘Subtitle VII: AGUSTA S.p.A.: Docket No. FAA–2010– BILLING CODE 4910–13–P Aviation Programs,’’ describes in more 0449; Directorate Identifier 2009–SW– detail the scope of the Agency’s 38–AD. authority. Comments Due Date DEPARTMENT OF TRANSPORTATION We are issuing this rulemaking under (a) We must receive your comments by the authority described in ‘‘Subtitle VII, May 27, 2010. Federal Aviation Administration Part A, Subpart III, Section 44701: General requirements.’’ Under that Other Affected ADs 14 CFR Part 71 (b) None. section, Congress charges the FAA with [Docket No. FAA–2010–0399; Airspace promoting safe flight of civil aircraft in Applicability Docket No. 10–AGL–3] air commerce by prescribing regulations (c) This AD applies to Agusta Model for practices, methods, and procedures A109E helicopters, all serial numbers up to Proposed Establishment of Class E the Administrator finds necessary for and including serial number (S/N) 11758 Airspace; Paynesville, MN safety in air commerce. This regulation (except S/N 11741, 11754, and 11757) AGENCY: Federal Aviation is within the scope of that authority modified with a circuit breaker modification because it addresses an unsafe condition kit, part number (P/N) 109–0812–04–101, Administration (FAA), DOT. that is likely to exist or develop on –103, –107, or –109; certificated in any ACTION: Notice of proposed rulemaking product(s) identified in this rulemaking category. (NPRM). action. Reason SUMMARY: This action proposes to Regulatory Findings (d) The mandatory continuing establish Class E airspace at Paynesville, airworthiness information (MCAI) AD states MN. Controlled airspace is necessary to We determined that this proposed AD after a report of an electrical failure, an accommodate new Standard Instrument would not have federalism implications investigation revealed inadequate Approach Procedures (SIAPs) at under Executive Order 13132. This functioning of the 35 amperes (Amps) battery Paynesville Municipal Airport, bus (BATT BUS) circuit breaker. proposed AD would not have a Paynesville, MN. The FAA is taking this substantial direct effect on the States, on Actions and Compliance action to enhance the safety and the relationship between the national (e) Within 50 hours time-in-service, unless management of Instrument Flight Rules government and the States, or on the already done, modify the fuselage electrical (IFR) operations for SIAPs at the airport. distribution of power and installation, P/N 109–0741–49, and the DATES: Comments must be received on responsibilities among the various overhead panel electrical installation, P/N or before June 11, 2010. levels of government. 109–0741–55 with a BATT BUS circuit breaker modification kit, P/N 109–0824–73– ADDRESSES: Send comments on this Therefore, I certify this proposed AD: 101, as depicted in Figures 1 and 2 and by proposal to the U.S. Department of 1. Is not a ‘‘significant regulatory following the Compliance Instructions, Transportation, Docket Operations, 1200 action’’ under Executive Order 12866; paragraphs 2 through 20.7, of Agusta New Jersey Avenue, SE., West Building

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Ground Floor, Room W12–140, phone number) between 9 a.m. and 5 regulations to assign the use of airspace Washington, DC 20590–0001. You must p.m., Monday through Friday, except necessary to ensure the safety of aircraft identify the docket number FAA–2010– Federal holidays. An informal docket and the efficient use of airspace. This 0399/Airspace Docket No. 10–AGL–3, at may also be examined during normal regulation is within the scope of that the beginning of your comments. You business hours at the office of the authority as it would establish may also submit comments through the Central Service Center, 2601 Meacham controlled airspace at Paynesville Internet at http://www.regulations.gov. Blvd., Fort Worth, TX 76137. Municipal Airport, Paynesville, MN. You may review the public docket Persons interested in being placed on List of Subjects in 14 CFR Part 71 containing the proposal, any comments a mailing list for future NPRMs should received, and any final disposition in contact the FAA’s Office of Rulemaking Airspace, Incorporation by reference, person in the Dockets Office between 9 (202) 267–9677, to request a copy of Navigation (Air). Advisory Circular No. 11–2A, Notice of a.m. and 5 p.m., Monday through The Proposed Amendment Friday, except Federal holidays. The Proposed Rulemaking Distribution Docket Office (telephone 1–800–647– System, which describes the application In consideration of the foregoing, the 5527), is on the ground floor of the procedure. Federal Aviation Administration proposes to amend 14 CFR part 71 as building at the above address. The Proposal follows: FOR FURTHER INFORMATION CONTACT: This action proposes to amend Title Scott Enander, Central Service Center, 14, Code of Federal Regulations (14 PART 71—DESIGNATION OF CLASS A, Operations Support Group, Federal CFR) part 71 by establishing Class E B, C, D, AND E AIRSPACE AREAS; AIR Aviation Administration, Southwest airspace extending upward from 700 TRAFFIC SERVICE ROUTES; AND Region, 2601 Meacham Blvd., Fort feet above the surface for SIAPs REPORTING POINTS Worth, TX 76137; telephone: (817) 321– operations at Paynesville Municipal 7716. Airport, Paynesville, MN. Controlled 1. The authority citation for part 71 SUPPLEMENTARY INFORMATION: airspace is needed for the safety and continues to read as follows: Comments Invited management of IFR operations at the Authority: 49 U.S.C. 106(g); 40103, 40113, airport. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Interested parties are invited to Class E airspace areas are published 1963 Comp., p. 389. participate in this proposed rulemaking in Paragraph 6005 of FAA Order § 71.1 [Amended] by submitting such written data, views, 7400.9T, signed August 27, 2009 and or arguments, as they may desire. effective September 15, 2009, which is 2. The incorporation by reference in Comments that provide the factual basis incorporated by reference in 14 CFR 14 CFR 71.1 of FAA Order 7400.9T, supporting the views and suggestions 71.1. The Class E airspace designation Airspace Designations and Reporting presented are particularly helpful in listed in this document would be Points, signed August 27, 2009, and developing reasoned regulatory published subsequently in the Order. effective September 15, 2009, is decisions on the proposal. Comments The FAA has determined that this amended as follows: are specifically invited on the overall proposed regulation only involves an regulatory, aeronautical, economic, established body of technical Paragraph 6005 Class E Airspace areas extending upward from 700 feet or more environmental, and energy-related regulations for which frequent and above the surface of the earth. aspects of the proposal. routine amendments are necessary to Communications should identify both keep them operationally current. It, * * * * * docket numbers and be submitted in therefore, (1) Is not a ‘‘significant AGL MN E5 Paynesville, MN [New] triplicate to the address listed above. regulatory action’’ under Executive Paynesville Municipal Airport, MN Commenters wishing the FAA to Order 12866; (2) is not a ‘‘significant (Lat. 45°22′19″ N., long. 94°44′41″ W.) acknowledge receipt of their comments rule’’ under DOT Regulatory Policies That airspace extending upward from 700 on this notice must submit with those and Procedures (44 FR 11034; February feet above the surface within a 7.2-mile comments a self-addressed, stamped 26, 1979); and (3) does not warrant radius of Paynesville Municipal Airport. postcard on which the following preparation of a Regulatory Evaluation Issued in Fort Worth, TX, on April 19, statement is made: ‘‘Comments to as the anticipated impact is so minimal. 2010. Docket No. FAA–2010–0399/Airspace Since this is a routine matter that will Anthony D. Roetzel, ’’ Docket No. 10–AGL–3. The postcard only affect air traffic procedures and air Manager, Operations Support Group, ATO will be date/time stamped and returned navigation, it is certified that this rule, Central Service Center. when promulgated, will not have a to the commenter. [FR Doc. 2010–9746 Filed 4–26–10; 8:45 am] significant economic impact on a Availability of NPRMs BILLING CODE 4910–13–P substantial number of small entities An electronic copy of this document under the criteria of the Regulatory may be downloaded through the Flexibility Act. DEPARTMENT OF TRANSPORTATION Internet at http://www.regulations.gov. The FAA’s authority to issue rules Recently published rulemaking regarding aviation safety is found in Federal Aviation Administration documents can also be accessed through Title 49 of the U.S. Code. Subtitle 1, the FAA’s Web page at http:// section 106 describes the authority of 14 CFR Part 71 www.faa.gov/airports_airtraffic/ the FAA Administrator. Subtitle VII, air_traffic/publications/ Aviation Programs, describes in more [Docket No. FAA–2010–0400; Airspace airspace_amendments/. detail the scope of the agency’s Docket No. 10–ACE–3] You may review the public docket authority. This rulemaking is Proposed Establishment of Class E containing the proposal, any comments promulgated under the authority Airspace; Syracuse, KS received and any final disposition in described in subtitle VII, part A, subpart person in the Dockets Office (see I, section 40103. Under that section, the AGENCY: Federal Aviation ADDRESSES section for address and FAA is charged with prescribing Administration (FAA), DOT.

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ACTION: Notice of proposed rulemaking Docket No. FAA–2010–0400/Airspace Since this is a routine matter that will (NPRM). Docket No. 10–ACE–3.’’ The postcard only affect air traffic procedures and air will be date/time stamped and returned navigation, it is certified that this rule, SUMMARY: This action proposes to to the commenter. when promulgated, will not have a establish Class E airspace at Syracuse, significant economic impact on a Availability of NPRMs KS. Controlled airspace is necessary to substantial number of small entities accommodate new Standard Instrument An electronic copy of this document under the criteria of the Regulatory Approach Procedures (SIAP) at may be downloaded through the Flexibility Act. Syracuse—Hamilton County Municipal Internet at http://www.regulations.gov. The FAA’s authority to issue rules Airport, Syracuse, KS. The FAA is Recently published rulemaking regarding aviation safety is found in taking this action to enhance the safety documents can also be accessed through Title 49 of the U.S. Code. Subtitle 1, and management of Instrument Flight the FAA’s web page at http:// Section 106 describes the authority of Rules (IFR) operations for SIAPs at the www.faa.gov/airports_airtraffic/ the FAA Administrator. Subtitle VII, airport. air_traffic/publications/ Aviation Programs, describes in more DATES: Comments must be received on airspace_amendments/. detail the scope of the agency’s or before June 11, 2010. You may review the public docket authority. This rulemaking is ADDRESSES: Send comments on this containing the proposal, any comments promulgated under the authority proposal to the U.S. Department of received and any final disposition in described in Subtitle VII, Part A, Transportation, Docket Operations, 1200 person in the Dockets Office (see Subpart I, Section 40103. Under that New Jersey Avenue, SE., West Building ADDRESSES section for address and section, the FAA is charged with Ground Floor, Room W12–140, phone number) between 9 a.m. and 5 prescribing regulations to assign the use Washington, DC 20590–0001. You must p.m., Monday through Friday, except of airspace necessary to ensure the identify the docket number FAA–2010– Federal holidays. An informal docket safety of aircraft and the efficient use of 0400/Airspace Docket No. 10–ACE–3, at may also be examined during normal airspace. This regulation is within the the beginning of your comments. You business hours at the office of the scope of that authority as it would may also submit comments through the Central Service Center, 2601 Meacham establish controlled airspace at Internet at http://www.regulations.gov. Blvd., Fort Worth, TX 76137. Syracuse—Hamilton County Municipal You may review the public docket Persons interested in being placed on Airport, Syracuse, KS. a mailing list for future NPRMs should containing the proposal, any comments List of Subjects in 14 CFR Part 71 received, and any final disposition in contact the FAA’s Office of Rulemaking person in the Dockets Office between 9 (202) 267–9677, to request a copy of Airspace, Incorporation by reference, a.m. and 5 p.m., Monday through Advisory Circular No. 11–2A, Notice of Navigation (Air). Proposed Rulemaking Distribution Friday, except Federal holidays. The The Proposed Amendment Docket Office (telephone 1–800–647– System, which describes the application In consideration of the foregoing, the 5527) is on the ground floor of the procedure. Federal Aviation Administration building at the above address. The Proposal proposes to amend 14 CFR Part 71 as FOR FURTHER INFORMATION CONTACT: This action proposes to amend Title follows: Scott Enander, Central Service Center, 14, Code of Federal Regulations (14 Operations Support Group, Federal CFR), part 71 by establishing Class E PART 71—DESIGNATION OF CLASS A, Aviation Administration, Southwest airspace extending upward from 700 B, C, D, AND E AIRSPACE AREAS; AIR Region, 2601 Meacham Blvd., Fort feet above the surface for SIAPs TRAFFIC SERVICE ROUTES; AND Worth, TX 76137; telephone: (817) 321– operations at Syracuse—Hamilton REPORTING POINTS 7716. County Municipal Airport, Syracuse, 1. The authority citation for part 71 SUPPLEMENTARY INFORMATION: KS. Controlled airspace is needed for continues to read as follows: the safety and management of IFR Comments Invited operations at the airport. Authority: 49 U.S.C. 106(g); 40103, 40113, Interested parties are invited to Class E airspace areas are published 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– participate in this proposed rulemaking in Paragraph 6005 of FAA Order 1963 Comp., p. 389. by submitting such written data, views, 7400.9T, signed August 27, 2009 and § 71.1 [Amended] or arguments, as they may desire. effective September 15, 2009, which is 2. The incorporation by reference in Comments that provide the factual basis incorporated by reference in 14 CFR 14 CFR 71.1 of FAA Order 7400.9T, supporting the views and suggestions 71.1. The Class E airspace designation Airspace Designations and Reporting presented are particularly helpful in listed in this document would be Points, signed August 27, 2009, and developing reasoned regulatory published subsequently in the Order. effective September 15, 2009, is decisions on the proposal. Comments The FAA has determined that this amended as follows: are specifically invited on the overall proposed regulation only involves an regulatory, aeronautical, economic, established body of technical Paragraph 6005 Class E Airspace areas environmental, and energy-related regulations for which frequent and extending upward from 700 feet or more aspects of the proposal. routine amendments are necessary to above the surface of the earth. Communications should identify both keep them operationally current. It, * * * * * docket numbers and be submitted in therefore, (1) is not a ‘‘significant ACE KS E5 Syracuse, KS [New] ’’ triplicate to the address listed above. regulatory action under Executive Syracuse—Hamilton County Municipal Commenters wishing the FAA to Order 12866; (2) is not a ‘‘significant Airport, KS acknowledge receipt of their comments rule’’ under DOT Regulatory Policies (Lat. 37°59′30″ N., long. 101°44′47″ W.) on this notice must submit with those and Procedures (44 FR 11034; February That airspace extending upward from 700 comments a self-addressed, stamped 26, 1979); and (3) does not warrant feet above the surface within a 7.3-mile postcard on which the following preparation of a Regulatory Evaluation radius of Syracuse—Hamilton County statement is made: ‘‘Comments to as the anticipated impact is so minimal. Municipal Airport.

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Issued in Fort Worth, TX on April 19, 301, Port Angeles, WA 98362, or faxed that are related to and located within 2010. to (360) 457–8496. Electronic comments such properties. The term includes Anthony D. Roetzel, may be sent to properties of traditional religious and Manager, Operations Support Group, ATO [email protected]. cultural importance to an Indian tribe Central Service Center. FOR FURTHER INFORMATION CONTACT: * * * and that meet the National [FR Doc. 2010–9749 Filed 4–26–10; 8:45 am] George Galasso, 360.457.6622 Ext. 12, Register criteria.’’ BILLING CODE 4910–13–P [email protected]. In coordinating its responsibilities under the NHPA and NEPA, NOAA SUPPLEMENTARY INFORMATION: OCNMS intends to identify consulting parties; was designated in May 1994. It spans DEPARTMENT OF COMMERCE identify historic properties and assess 3,310 square miles of marine waters off the effects of the undertaking on such National Oceanic and Atmospheric the rugged Olympic Peninsula coast, properties; initiate formal consultation Administration covering much of the continental shelf with the Washington State Historic and the heads of several major Preservation Officer, appropriate Tribal submarine canyons. The present 15 CFR Part 922 Historic Preservation Officers, the management plan was written as part of Advisory Council of Historic the sanctuary designation process and Intent To Initiate Consultation and Preservation, and other consulting published in the Final Environmental Coordinate the National Oceanic and parties; involve the public in Impact Statement in 1993. Atmospheric Administration’s accordance with NOAA’s NEPA Responsibilities Under Section 106 of In September 2008, NOAA published a Notice of Intent to prepare an procedures, and develop in consultation the National Historic Preservation Act with identified consulting parties (NHPA) With the Ongoing National Environmental Impact Statement under the authority of NEPA (73 FR 53161). alternatives and proposed measures that Environmental Policy Act (NEPA) might avoid, minimize or mitigate any Process Supporting the Review of the The management plan review process is composed of four major stages: (1) adverse effects on historic properties Olympic Coast National Marine and describe them in any Sanctuary Management Plan Information collection and characterization; (2) preparation and Environmental Assessment or Draft AGENCY: Office of National Marine release of a draft management plan/ Environmental Impact Statement. Sanctuaries (ONMS), National Ocean environmental impact analysis Authority: 16 U.S.C. 1431 et seq.; 16 Service (NOS), National Oceanic and document; (3) public review and U.S.C. 470. Atmospheric Administration (NOAA), comment; (4) preparation and release of (Federal Domestic Assistance Catalog Department of Commerce (DOC). a final management plan/environmental Number 11.429 Marine Sanctuary Program) ACTION: Consultation under Section 106 impact analysis document, and any final Dated: April 15, 2010. of the NHPA in conjunction with amendments to the regulations. NOAA Daniel J. Basta, Review of Management Plan/ anticipates completion of the revised Regulations and associated NEPA public management plan and concomitant Director for the Office of National Marine Sanctuaries. process. documents will require approximately thirty-six months from the date of [FR Doc. 2010–9203 Filed 4–26–10; 8:45 am] SUMMARY: In accordance with section publication of the original notice of BILLING CODE 3510–NK–M 304(e) of the National Marine intent (37 FR 53161; September 15, Sanctuaries Act, as amended, (NMSA) 2008). The proposed revised (16 U.S.C. 1431 et seq.), the Office of management plan will likely involve ENVIRONMENTAL PROTECTION National Marine Sanctuaries (ONMS) of changes to existing policies of the AGENCY the National Oceanic and Atmospheric Sanctuary in order to address Administration (NOAA) has initiated a contemporary issues and challenges, 40 CFR PARTS 52 AND 81 review of the Olympic Coast National and to better protect and manage the Marine Sanctuary (OCNMS or Sanctuary’s natural resources and [EPA–R05–OAR–2009–0730; FRL–9142–2] sanctuary) management plan, to qualities and historic properties. evaluate substantive progress toward Approval and Promulgation of This notice confirms that NOAA will Implementation Plans and Designation implementing the goals for the coordinate its responsibilities under Sanctuary, and to make revisions to the of Areas for Air Quality Planning section 106 of the National Historic Purposes; Wisconsin; Redesignation plan and regulations as necessary to Preservation Act (NHPA, 16 U.S.C. 470) fulfill the purposes and policies of the of the Manitowoc County and Door with its ongoing NEPA process, County Areas to Attainment for Ozone NMSA (73 FR 53161). The management pursuant to 36 CFR 800.8(a)— plan review process occurs concurrently coordination with NEPA—including the AGENCY: Environmental Protection with a public process under the use of NEPA documents and public and Agency (EPA). National Environmental Policy Act stakeholder meetings to also meet the ACTION: Proposed rule. (NEPA; 42 U.S.C. 4321 et seq.). This section 106 requirements. The NHPA notice confirms that NOAA will specifically applies to any agency SUMMARY: EPA is proposing to approve coordinate its responsibilities under undertaking that has an adverse effect Wisconsin’s requests to redesignate the NEPA with those under section 106 of on historic properties. Pursuant to 36 Manitowoc County and Door County, the National Historic Preservation Act CFR 800.16(1)(1), historic properties Wisconsin nonattainment areas, to (NHPA, 16 U.S.C. 470). includes: ‘‘any prehistoric or historic attainment for the 1997 8-hour ozone DATES: Comments may be submitted at district, site, building, structure or standard, because the requests meet the any time. object included in, or eligible for statutory requirements for redesignation ADDRESSES: Written comments may be inclusion in, the National Register of under the Clean Air Act (CAA). The sent to the Olympic Coast National Historic Places maintained by the Wisconsin Department of Natural Marine Sanctuary (Management Plan Secretary of the Interior. The term Resources (WDNR) submitted these Review), 115 Railroad Ave. East, Suite includes artifacts, records, and remains requests on September 11, 2009.

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These proposed approvals involve docket without change and may be Region 5, 77 West Jackson Boulevard, several related actions. EPA is made available online at http:// Chicago, Illinois 60604, (312) 886–1767, proposing to determine that the www.regulations.gov, including any [email protected]. Manitowoc County and Door County personal information provided, unless SUPPLEMENTARY INFORMATION: areas have attained the 8-hour ozone the comment includes information Throughout this document whenever National Ambient Air Quality Standard claimed to be Confidential Business ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean (NAAQS). These determinations are Information (CBI) or other information EPA. This supplementary information based on three years of complete, whose disclosure is restricted by statute. section is arranged as follows: quality-assured and certified ambient air Do not submit information that you quality monitoring data for the 2006– consider to be CBI or otherwise Table of Contents 2008 ozone seasons that demonstrate protected through http:// I. What should I consider as I prepare my that the 8-hour ozone NAAQS has been www.regulations.gov or e-mail. The comments for EPA? attained in the areas. Complete, quality- http://www.regulations.gov Web site is II. What actions is EPA proposing to take? assured air quality data for the 2009 an ‘‘anonymous access’’ system, which III. What is the background for these actions? ozone season have been recorded in the means EPA will not know your identity A. What is the general background EPA’s Air Quality System (AQS) and or contact information unless you information? B. What are the impacts of the December show that the areas continue to attain provide it in the body of your comment. 22, 2006, and June 8, 2007, United States the 8-hour ozone standard. EPA is also If you send an e-mail comment directly Court of Appeals decisions regarding proposing to approve, as revisions to the to EPA without going through http:// EPA’s Phase 1 implementation rule? Wisconsin State Implementation Plan www.regulations.gov, your e-mail IV. What are the criteria for redesignation? (SIP), the State’s plans for maintaining address will be automatically captured V. What is the effect of these actions? the 8-hour ozone NAAQS through 2020 and included as part of the comment VI. What is EPA’s analysis of the requests? in the areas. that is placed in the public docket and A. Attainment Determinations and EPA is proposing to approve the 2005 made available on the Internet. If you Redesignations base year emissions inventories for the submit an electronic comment, EPA B. Adequacy of Wisconsin’s MVEBs C. 2005 Base Year Emissions Inventories Manitowoc County and Door County recommends that you include your VII. What actions is EPA taking? areas as meeting the base year emissions name and other contact information in VIII. Statutory and Executive Order Reviews inventory requirement of the CAA. the body of your comment and with any WDNR submitted these base year disk or CD–ROM you submit. If EPA I. What should I consider as I prepare emissions inventories on June 12, 2007. cannot read your comment due to my comments for EPA? Finally, EPA finds adequate and is technical difficulties and cannot contact When submitting comments, proposing to approve the State’s 2012 you for clarification, EPA may not be remember to: and 2020 Motor Vehicle Emission able to consider your comment. 1. Identify the rulemaking by docket Budgets (MVEBs) for the Manitowoc Electronic files should avoid the use of number and other identifying County and Door County areas. special characters, any form of information (subject heading, Federal encryption, and be free of any defects or DATES: Comments must be received on Register date and page number). viruses. For additional instructions on or before May 27, 2010. 2. Follow directions—EPA may ask submitting comments, go to section I of ADDRESSES: Submit your comments, you to respond to specific questions or this document, ‘‘What Should I Consider identified by Docket ID No. EPA–R05– organize comments by referencing a as I Prepare My Comments for EPA?’’ OAR–2009–0730, by one of the Code of Federal Regulations (CFR) part Docket: All documents in the docket following methods: or section number. are listed in the http:// 1. http://www.regulations.gov: Follow 3. Explain why you agree or disagree; www.regulations.gov index. Although the on-line instructions for submitting suggest alternatives and substitute listed in the index, some information is comments. language for your requested changes. 2. E-mail: [email protected]. not publicly available, e.g., CBI or other 4. Describe any assumptions and 3. Fax: (312) 692–2054. information whose disclosure is provide any technical information and/ 4. Mail: Jay Bortzer, Chief, Air restricted by statute. Certain other or data that you used. Programs Branch (AR–18J), U.S. material, such as copyrighted material, 5. If you estimate potential costs or Environmental Protection Agency, 77 will be publicly available only in hard burdens, explain how you arrived at West Jackson Boulevard, Chicago, copy. Publicly available docket your estimate in sufficient detail to Illinois 60604. materials are available either allow for it to be reproduced. 5. Hand delivery: Jay Bortzer, Chief, electronically in http:// 6. Provide specific examples to Air Programs Branch (AR–18J), U.S. www.regulations.gov or in hard copy at illustrate your concerns, and suggest Environmental Protection Agency, 77 the Environmental Protection Agency, alternatives. West Jackson Boulevard, 18th Floor, Region 5, Air and Radiation Division, 77 7. Explain your views as clearly as Chicago, Illinois 60604. Such deliveries West Jackson Boulevard, Chicago, possible, avoiding the use of profanity are only accepted during the Regional Illinois 60604. This facility is open from or personal threats. Office normal hours of operation, and 8:30 a.m. to 4:30 p.m., Monday through 8. Make sure to submit your special arrangements should be made Friday, excluding Federal holidays. We comments by the comment period for deliveries of boxed information. The recommend that you telephone deadline identified. Regional Office official hours of Kathleen D’Agostino, Environmental business are Monday through Friday, Engineer, at (312) 886–1767 before II. What actions is EPA proposing to 8:30 a.m. to 4:30 p.m., excluding visiting the Region 5 office. take? Federal holidays. FOR FURTHER INFORMATION CONTACT: EPA is proposing to take several Instructions: Direct your comments to Kathleen D’Agostino, Environmental related actions. EPA is proposing to Docket ID No. EPA–R05–OAR–2009– Engineer, Criteria Pollutant Section, Air determine that the Manitowoc County 0730. EPA’s policy is that all comments Programs Branch (AR–18J), U.S. and Door County nonattainment areas received will be included in the public Environmental Protection Agency, have attained the 1997 8-hour ozone

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standard and that the areas have met the and are proposing to approve, the concentration), if it had a 1-hour design requirements for redesignation under State’s 2012 and 2020 MVEBs for value at the time of designation at or section 107(d)(3)(E) of the CAA. EPA is transportation conformity purposes. above 0.121 ppm (the lowest 1-hour thus proposing to approve the requests design value in Table 1 of subpart 2) (69 III. What is the background for these from WDNR to change the legal FR 23954). All other areas were covered actions? designation of the Manitowoc County under subpart 1, based upon their 8- and Door County areas from A. What is the general background hour design values (69 FR 23958). The nonattainment to attainment for the 8- information? Manitowoc County and Door County hour ozone NAAQS. EPA is also Ground-level ozone is not emitted areas were designated as a subpart 1, 8- proposing to approve, as revisions to the directly by sources. Rather, emissions of hour ozone nonattainment area by EPA on April 30, 2004 (69 FR 23857, 23947), Wisconsin SIP, the State’s maintenance nitrogen oxides (NO ) and volatile X based on air quality monitoring data plans (such approval being one of the organic compounds (VOCs) react in the CAA criteria for redesignation to from 2001–2003 (69 FR 23860). presence of sunlight to form ground- 40 CFR 50.10 and 40 CFR part 50, attainment status). The maintenance level ozone. NOX and VOCs are referred plans are designed to keep the Appendix I, provide that the 8-hour to as precursors of ozone. ozone standard is attained when the Manitowoc County and Door County The CAA establishes a process for air areas in attainment of the ozone NAAQS three-year average of the annual fourth- quality management through the highest daily maximum 8-hour average through 2020. EPA is proposing to NAAQS. Before promulgation of the 8- approve the 2005 base year emissions ozone concentration is less than or hour standard, the ozone NAAQS was equal to 0.08 ppm, when rounded. The inventories for the Manitowoc County based on a 1-hour standard. On data completeness requirement is met and Door County areas as meeting the November 6, 1991 (56 FR 56693 and when the average percent of days with requirements of section 172(c)(3) of the 56852), the Manitowoc County and Door valid ambient monitoring data is greater CAA. If EPA’s determination of County areas were designated as than 90%, and no single year has less attainment is finalized, under the moderate and rural transport than 75% data completeness. See 40 provisions of 40 CFR 51.918, the nonattainment areas, respectively, CFR part 50, Appendix I, 2.3(d). requirement to submit certain planning under the 1-hour ozone NAAQS. The The WDNR submitted requests to SIPs related to attainment (the Manitowoc County and Door County redesignate the Manitowoc County and Reasonably Available Control Measure areas were subsequently redesignated to Door County areas to attainment for the (RACM) requirement of section 172(c)(1) attainment of the 1-hour standard on 8-hour ozone standard on September 11, of the CAA, the Reasonable Further April 17, 2003 (68 FR 18883). At the 2009. The redesignation requests Progress (RFP) and attainment time EPA revoked the 1-hour ozone included three years of complete, demonstration requirements of sections NAAQS, on June 15, 2005, the quality-assured data for the period of 172(c)(2) and (6) of the CAA, and the Manitowoc County and Door County 2006 through 2008, indicating the 8- requirement for contingency measures areas were designated as attainment hour NAAQS for ozone, as promulgated of section 172(c)(9) of the CAA) are not under the 1-hour ozone NAAQS. in 1997, had been attained for the applicable to the area as long as it On July 18, 1997 (62 FR 38856), EPA Manitowoc County and Door County continues to attain the NAAQS and promulgated an 8-hour ozone standard areas. Complete, quality-assured would cease to be applicable upon of 0.08 parts per million parts (ppm). On monitoring data in AQS but not yet redesignation. In addition, as set forth in April 30, 2004 (69 FR 23857), EPA certified for the 2009 ozone season show more detail below, in the context of published a final rule designating and that the areas continue to attain the 8- redesignations, EPA has interpreted classifying areas under the 8-hour ozone hour ozone standard. Under the CAA, requirements related to attainment as NAAQS. These designations and nonattainment areas may be not applicable for purposes of classifications became effective June 15, redesignated to attainment if sufficient redesignation. Finally, EPA finds 2004. EPA designated as nonattainment complete, quality-assured data are adequate and is proposing to approve any area that was violating the 8-hour available for the Administrator to the newly-established 2012 and 2020 ozone NAAQS based on the three most determine that the area has attained the MVEBs for the Manitowoc County and recent years of air quality data, 2001– standard, and the area meets the other Door County areas. The adequacy 2003. CAA redesignation requirements in comment period for the MVEBs began The CAA contains two sets of section 107(d)(3)(E). on February 24, 2010, with EPA’s provisions, subpart 1 and subpart 2, that On March 27, 2008 (73 FR 16436), posting of the availability of the address planning and control EPA promulgated a revised 8-hour submittal on EPA’s Adequacy Web site requirements for nonattainment areas. ozone standard of 0.075 ppm. In May (at http://www.epa.gov/otaq/ (Both are found in Title I, part D, of the 2008, States, environmental groups and stateresources/transconf/ CAA; 42 U.S.C. 7501–7509a and 7511– industry groups filed petitions with the adequacy.htm). The adequacy comment 7511f, respectively.) Subpart 1 contains DC Circuit Court of Appeals for review period for these MVEBs ended on March general requirements for nonattainment of the 2008 ozone standards. In March 26, 2010. EPA did not receive any areas for any pollutant, including ozone, 2009, the court granted EPA’s request to requests for this submittal, or adverse governed by a NAAQS. Subpart 2 stay the litigation so EPA could review comments on this submittal during the provides additional and more specific the standards and determine whether adequacy comment period. In a letter requirements for ozone nonattainment they should be reconsidered. On dated April 7, 2010, EPA informed areas. September 16, 2009, we announced that WDNR that we had found the 2012 and Under EPA’s implementation rule for we are reconsidering our 2008 decision 2020 MVEBs to be adequate for use in the 1997 8-hour ozone standard, (69 FR setting national standards for ground- transportation conformity analyses. 23951 (April 30, 2004)), an area was level ozone. The designation process for Please see section VI.B. of this classified under subpart 2 based on its that standard has been stayed. On rulemaking, ‘‘Adequacy of Wisconsin’s 8-hour ozone design value (i.e. the January 19, 2010, EPA proposed to set MVEBs,’’ for further explanation of this three-year average annual fourth-highest the level of the primary 8-hour ozone process. Therefore, we find adequate, daily maximum 8-hour average ozone standard within the range of 0.060 to

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0.070 ppm, rather than at 0.075 ppm (75 actions. The June 8, 2007, decision 107(d)(3)(E) of the CAA, to qualify for FR 2938). We expect by August 2010 to clarified that the court’s reference to redesignation, States requesting have completed our reconsideration of conformity requirements was limited to redesignation to attainment must meet the standard and also expect that requiring the continued use of 1-hour only the relevant SIP requirements that thereafter we will proceed with motor vehicle emissions budgets until 8- came due prior to the submittal of a designations. The actions addressed in hour budgets were available for 8-hour complete redesignation request. See today’s proposed rulemaking relate only conformity determinations. September 4, 1992, Calcagni to the 1997 8-hour ozone standard. This section sets forth EPA’s views on memorandum (‘‘Procedures for the potential effect of the court’s rulings Processing Requests to Redesignate B. What are the impacts of the on these proposed redesignation Areas to Attainment,’’ Memorandum December 22, 2006, and June 8, 2007, actions. For the reasons set forth below, from John Calcagni, Director, Air United States Court of Appeals EPA does not believe that the court’s Quality Management Division). See also decisions regarding EPA’s Phase 1 rulings alter any requirements relevant Michael Shapiro Memorandum, implementation rule? to these redesignation actions so as to September 17, 1993, and 60 FR 12459, 1. Summary of Court Decision preclude redesignation or prevent EPA 12465–12466 (March 7, 1995) On December 22, 2006, in South from proposing or ultimately finalizing (Redesignation of Detroit-Ann Arbor). Coast Air Quality Management Dist. v. these redesignations. EPA believes that See Sierra Club v. EPA, 375 F.3d 537 EPA (South Coast), the U.S. Court of the court’s December 22, 2006, and June (7th Cir. 2004), which upheld EPA’s 8, 2007, decisions impose no Appeals for the District of Columbia redesignation rulemaking applying this impediment to moving forward with Circuit vacated EPA’s Phase 1 interpretation. See, e.g. also 68 FR redesignation of these areas to Implementation Rule for the 8-hour 25418, 25424, 25427 (May 12, 2003) attainment, because even in light of the Ozone Standard (69 FR 23951, April 30, (Redesignation of St. Louis). court’s decisions, redesignation is Moreover, it would be inequitable to 2004). 472 F.3d 882 (DC Cir. 2006). On appropriate under the relevant retroactively apply any new SIP June 8, 2007, in response to several redesignation provisions of the CAA requirements that were not applicable at petitions for rehearing, the DC Circuit and longstanding policies regarding the time the request was submitted. The Court clarified that the Phase 1 Rule was redesignation requests. DC Circuit has recognized the inequity vacated only with regard to those parts in such retroactive rulemaking. In Sierra 2. Requirements Under the 8-Hour of the rule that had been successfully Club v. Whitman, 285 F.3d 63 (DC Cir. Standard challenged. Id., Docket No. 04 1201. 2002), the DC Circuit upheld a district Therefore, several provisions of the With respect to the 8-hour standard, court’s ruling refusing to make Phase 1 Rule remain effective: the court’s ruling rejected EPA’s reasons retroactive an EPA determination of provisions related to classifications for for classifying areas under subpart 1 for nonattainment that was past the areas currently classified under subpart the 8-hour standard, and remanded that statutory due date. Such a 2 of Title I, part D, of the CAA as 8-hour matter to the Agency. In its January 16, determination would have resulted in nonattainment areas; the 8-hour 2009, proposed rulemaking in response the imposition of additional attainment dates; and the timing for to the South Coast decision, EPA has requirements on the area. The court emissions reductions needed for proposed to classify Door County and stated: ‘‘Although EPA failed to make attainment of the 8-hour ozone NAAQS. Manitowoc County under subpart 2 as the nonattainment determination within The June 8, 2007, decision also left moderate and marginal areas, the statutory time frame, Sierra Club’s intact the court’s rejection of EPA’s respectively (74 FR 2936, 2944). If EPA proposed solution only makes the reasons for implementing the 8-hour finalizes this rulemaking, the situation worse. Retroactive relief would standard in certain nonattainment areas requirements under subpart 2 will likely impose large costs on the States, under subpart 1 in lieu of subpart 2. By become applicable when they are due, which would face fines and suits for not limiting the vacatur, the court let stand a deadline that EPA has proposed to be implementing air pollution prevention EPA’s revocation of the 1-hour standard one year after the effective date of a final plans in 1997, even though they were and those anti-backsliding provisions of rulemaking classifying areas as not on notice at the time.’’ Id. at 68. the Phase 1 Rule that had not been moderate or marginal (74 FR 2940– Similarly here it would be unfair to successfully challenged. The June 8, 2941). Although a future final decision penalize the areas by applying to them, 2007, decision reaffirmed the December by EPA to classify these areas under for purposes of redesignation, additional 22, 2006, decision that EPA had subpart 2 would trigger additional SIP requirements under subpart 2 that improperly failed to retain four future requirements for the areas, EPA were not in effect or yet due at the time measures required for 1-hour believes that this does not mean that WDNR submitted its redesignation nonattainment areas under the anti- redesignations cannot now go forward. requests. backsliding provisions of the This belief is based upon: (1) EPA’s regulations: (1) Nonattainment area New longstanding policy of evaluating 3. Requirements Under the 1-Hour Source Review (NSR) requirements requirements in accordance with the Standard based on an area’s 1-hour nonattainment requirements due at the time the request With respect to the 1-hour standard classification; (2) section 185 penalty is submitted; and, (2) consideration of requirements, the Manitowoc County fees for 1-hour severe or extreme the inequity of applying retroactively and Door County areas were attainment nonattainment areas; (3) measures to be any requirements that might be applied areas subject to CAA section 175A implemented pursuant to section in the future. maintenance plans under the 1-hour 172(c)(9) or 182(c)(9) of the CAA, on the First, at the time the redesignation standard at the time that the 1-hour contingency of an area not making requests were submitted, the Manitowoc standard was revoked. Therefore, the DC reasonable further progress toward County and Door County areas were not Circuit’s decisions with respect to 1- attainment of the 1-hour NAAQS, or for classified under subpart 2, nor were hour nonattainment anti-backsliding failure to attain that NAAQS; and (4) there any subpart 2 requirements yet requirements do not impact certain transportation conformity due for these areas. Under EPA’s redesignation requests for these types of requirements for certain types of Federal longstanding interpretation of section areas, except to the extent that the court

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in its June 8, 2007, decision clarified William G. Laxton, Director Technical hour ozone NAAQS found at 40 CFR that for those areas with 1-hour motor Support Division, June 18, 1990; part 81. It would also incorporate into vehicle emissions budgets in their ‘‘Maintenance Plans for Redesignation the Wisconsin SIP plans for maintaining maintenance plans, anti-backsliding of Ozone and Carbon Monoxide the 8-hour ozone NAAQS through 2020. requires that those 1-hour budgets must Nonattainment Areas,’’ Memorandum The maintenance plans include be used for 8-hour conformity from G. T. Helms, Chief, Ozone/Carbon contingency measures as required under determinations until replaced by 8-hour Monoxide Programs Branch, April 30, CAA section 175A to remedy future budgets. To meet this requirement, 1992; violations of the 8-hour NAAQS. They conformity determinations in such areas ‘‘Contingency Measures for Ozone and also establish MVEBs for the Manitowoc must comply with the applicable Carbon Monoxide (CO) Redesignations,’’ County area of 1.76 and 1.25 tons per requirements of EPA’s conformity Memorandum from G. T. Helms, Chief, day (tpd) for VOC and 3.76 and 1.86 tpd regulations at 40 CFR part 93. Ozone/Carbon Monoxide Programs for NOX for the years 2012 and 2020, With respect to the three other anti- Branch, June 1, 1992; respectively, and MVEBs for the Door backsliding provisions for the 1-hour ‘‘Procedures for Processing Requests County area of 0.78 and 0.53 tpd for standard that the court found were not to Redesignate Areas to Attainment,’’ VOC and 1.55 and 0.74 tpd for NOX for properly retained, the Manitowoc Memorandum from John Calcagni, the years 2012 and 2020, respectively. County and Door County areas are Director, Air Quality Management Division, September 4, 1992; VI. What is EPA’s analysis of the attainment areas subject to maintenance request? plans for the 1-hour standard, and the ‘‘State Implementation Plan (SIP) NSR, contingency measures (pursuant to Actions Submitted in Response to Clean A. Attainment Determinations and section 172(c)(9) or 182(c)(9)), and fee Air Act (ACT) Deadlines,’’ Redesignations provision requirements no longer apply Memorandum from John Calcagni, Director, Air Quality Management EPA is proposing to determine that to areas that have been redesignated to the Manitowoc County and Door County attainment of the 1-hour standard. Division, October 28, 1992; ‘‘Technical Support Documents areas have attained the 1997 8-hour Thus, the South Coast decision in (TSDs) for Redesignation Ozone and ozone standard and that the areas have South Coast Air Quality Management Carbon Monoxide (CO) Nonattainment met all other applicable redesignation Dist. does not preclude EPA from Areas,’’ Memorandum from G. T. Helms, criteria under CAA section 107(d)(3)(E). finalizing the redesignation of these Chief, Ozone/Carbon Monoxide The basis for EPA’s proposed approvals areas. Programs Branch, August 17, 1993; of the redesignation requests is as IV. What are the criteria for ‘‘State Implementation Plan (SIP) follows: redesignation? Requirements for Areas Submitting 1. The Areas Have Attained the 8-Hour Requests for Redesignation to The CAA provides the requirements Ozone NAAQS (Section 107(d)(3)(E)(i)) Attainment of the Ozone and Carbon for redesignating a nonattainment area Monoxide (CO) National Ambient Air EPA is proposing to make to attainment. Specifically, section Quality Standards (NAAQS) On or After determinations that the Manitowoc 107(d)(3)(E) allows for redesignation November 15, 1992,’’ Memorandum County and Door County areas have provided that: (1) The Administrator from Michael H. Shapiro, Acting attained the 1997 8-hour ozone NAAQS. determines that the area has attained the Assistant Administrator for Air and An area may be considered to be applicable NAAQS; (2) the Radiation, September 17, 1993; attaining the 8-hour ozone NAAQS if Administrator has fully approved the ‘‘Use of Actual Emissions in there are no violations, as determined in applicable implementation plan for the Maintenance Demonstrations for Ozone accordance with 40 CFR 50.10 and part area under section 110(k); (3) the and CO Nonattainment Areas,’’ 50, Appendix I, based on three Administrator determines that the Memorandum from D. Kent Berry, complete, consecutive calendar years of improvement in air quality is due to Acting Director, Air Quality quality-assured air quality monitoring permanent and enforceable reductions Management Division, to Air Division data. To attain this standard, the three- in emissions resulting from Directors, Regions 1–10, November 30, year average of the fourth-highest daily implementation of the applicable SIP 1993. maximum 8-hour average ozone and applicable Federal air pollutant ‘‘Part D New Source Review (part D concentrations measured at each control regulations and other permanent NSR) Requirements for Areas monitor within an area over each year and enforceable reductions; (4) the Requesting Redesignation to must not exceed 0.08 ppm. Based on the Administrator has fully approved a Attainment,’’ Memorandum from Mary rounding convention described in 40 maintenance plan for the area as D. Nichols, Assistant Administrator for CFR part 50, Appendix I, the standard meeting the requirements of section Air and Radiation, October 14, 1994; is attained if the design value is 0.084 175A; and, (5) the State containing such and ppm or below. The data must be area has met all requirements applicable ‘‘Reasonable Further Progress, collected and quality-assured in to the area under section 110 and part Attainment Demonstration, and Related accordance with 40 CFR part 58, and D. Requirements for Ozone Nonattainment recorded in AQS. The monitors EPA provided guidance on Areas Meeting the Ozone National generally should have remained at the redesignation in the General Preamble Ambient Air Quality Standard,’’ same location for the duration of the for the Implementation of Title I of the Memorandum from John S. Seitz, monitoring period required for CAA Amendments of 1990 on April 16, Director, Office of Air Quality Planning demonstrating attainment. 1992 (57 FR 13498), and supplemented and Standards, May 10, 1995. Wisconsin included in its this guidance on April 28, 1992 (57 FR redesignation requests ozone monitoring 18070). EPA has provided further V. What is the effect of these actions? data for the 2006 to 2008 ozone seasons guidance on processing redesignation Approval of the redesignation and has subsequently provided requests in the following documents: requests would change the official monitoring data for 2009. Monitoring ‘‘Ozone and Carbon Monoxide Design designations of the Manitowoc County data for 2006 through 2008 have been Value Calculations,’’ Memorandum from and Door County areas for the 1997 8- certified by the State; 2009 data have

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not yet been certified. However, in the AQS database. The data meet the and 90 percent over each three-year Wisconsin has quality-assured all of the completeness criteria in 40 CFR 50, period. Monitoring data are presented in ambient monitoring data in accordance Appendix I, which require a minimum Table 1 below. with 40 CFR 58.10, and has recorded it completeness of 75 percent annually

TABLE 1—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND THREE YEAR AVERAGES OF 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS

2006 2007 2008 2009 2006–2008 2007–2009 Monitor 4th high 4th high 4th high 4th high average average (ppm) (ppm) (ppm) (ppm) (ppm) (ppm)

Door 55–029–0004...... 0.079 0.092 0.069 0.075 0.080 0.078 Manitowoc 55–071–0007...... 0.078 0.085 0.064 0.078 0.075 0.075

In addition, as discussed below with approved under section 110(k) of the of section 172(c)(9) of the CAA), would respect to the maintenance plans, CAA. As discussed more fully below, not be applicable to the areas as long as WDNR has committed to continue to for purposes of evaluating a they continue to attain the NAAQS and operate an EPA-approved monitoring redesignation request, SIPs must be would cease to apply upon network in the areas. WDNR will fully approved only with respect to redesignation. In addition, in the continue to quality assure monitoring requirements that became due prior to context of redesignations, EPA has data in accordance with 40 CFR part 58 the submission of the redesignation interpreted requirements related to and enter all data into AQS in request. attainment as not applicable for accordance with Federal guidelines. In The September 4, 1992, Calcagni purposes of redesignation. For example, summary, EPA believes that the data memorandum (see ‘‘Procedures for in the General Preamble EPA stated that: show that the Manitowoc County and Processing Requests to Redesignate [t]he section 172(c)(9) requirements are Door County areas have attained the 8- Areas to Attainment,’’ Memorandum directed at ensuring RFP and attainment by hour ozone NAAQS. from John Calcagni, Director, Air the applicable date. These requirements no Quality Management Division, longer apply when an area has attained the 2. The Areas Have Met All Applicable September 4, 1992) describes EPA’s standard and is eligible for redesignation. Requirements Under Section 110 and interpretation of section 107(d)(3)(E) of Furthermore, section 175A for maintenance Part D; and the Areas Have Fully the CAA. Under this interpretation, a plans * * * provides specific requirements Approved SIPs Under Section 110(k) for contingency measures that effectively State and the area it wishes to supersede the requirements of section (Sections 107(d)(3)(E)(v) and redesignate must meet the relevant CAA 107(d)(3)(E)(ii)) 172(c)(9) for these areas. ‘‘General Preamble requirements that are due prior to the for the Interpretation of Title I of the Clean We have determined that Wisconsin State’s submittal of a complete Air Act Amendments of 1990,’’ (General has met all currently applicable SIP redesignation request for the area. See Preamble) 57 FR 13498, 13564 (April 16, requirements for purposes of also the September 17, 1993, Michael 1992). redesignation for the Manitowoc County Shapiro memorandum and 60 FR 12459, See also Calcagni memorandum at 6 and Door County areas under section 12465–12466 (March 7, 1995) (‘‘The requirements for reasonable 110 of the CAA (general SIP (Redesignation of Detroit-Ann Arbor, further progress and other measures requirements). We are also proposing to Michigan to attainment of the 1-hour needed for attainment will not apply for determine that the Wisconsin SIP meets ozone NAAQS). Applicable redesignations because they only have all SIP requirements for these areas requirements of the CAA that come due meaning for areas not attaining the currently applicable for purposes of subsequent to the State’s submittal of a standard.’’). redesignation under part D of Title I of complete request remain applicable a. The Manitowoc County and Door the CAA (requirements specific to until a redesignation to attainment is County Areas Have Met All Applicable subpart 1 nonattainment areas), in approved, but are not required as a Requirements for Purposes of accordance with section 107(d)(3)(E)(v). prerequisite to redesignation. See Redesignation Under Section 110 and In addition, with the exception of the section 175A(c) of the CAA. Sierra Club Part D of the CAA base year emissions inventories, we v. EPA, 375 F.3d 537 (7th Cir. 2004). See have approved all applicable also 68 FR 25424, 25427 (May 12, 2003) i. Section 110 General SIP requirements requirements of the Wisconsin SIP for (Redesignation of the St. Louis/East St. Section 110(a) of Title I of the CAA purposes of redesignation, in Louis area to attainment of the 1-hour contains the general requirements for a accordance with section 107(d)(3)(E)(ii). ozone NAAQS). SIP. Section 110(a)(2) provides that the As discussed below, in this action EPA Since EPA is proposing here to implementation plan submitted by a is proposing to approve Wisconsin’s determine that the areas have attained State must have been adopted by the 2005 base year emissions inventories as the 1997 8-hour ozone standard, under State after reasonable public notice and meeting the section 172(c)(3) emissions 40 CFR 51.918, if these determinations hearing, and, among other things, must: inventory requirement for the areas. are finalized, the requirements to submit Include enforceable emission In proposing these determinations, we certain planning SIPs related to limitations and other control measures, have ascertained which SIP attainment, including attainment means or techniques necessary to meet requirements are applicable to the areas demonstration requirements (the RACM the requirements of the CAA; provide for purposes of redesignation, and have requirement of section 172(c)(1) of the for establishment and operation of determined that there are SIP measures CAA, the RFP and attainment appropriate devices, methods, systems meeting those requirements and that demonstration requirements of sections and procedures necessary to monitor they are, or upon final approval of the 172(c)(2) and (c)(6) of the CAA, and the ambient air quality; provide for emissions inventories, will be fully requirement for contingency measures implementation of a source permit

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program to regulate the modification Pennsylvania, proposed and final 172 can be found in the General and construction of any stationary rulemakings (61 FR 53174–53176, Preamble for Implementation of Title I source within the areas covered by the October 10, 1996), (62 FR 24826, May 7, (57 FR 13498, April 16, 1992). plan; include provisions for the 1997); Cleveland-Akron-Lorain, Ohio, Section 172(c)(1) requires the plans implementation of part C, Prevention of final rulemaking (61 FR 20458, May 7, for all nonattainment areas to provide Significant Deterioration (PSD) and part 1996); and Tampa, Florida, final for the implementation of all RACM as D, NSR permit programs; include rulemaking (60 FR 62748, December 7, expeditiously as practicable and to criteria for stationary source emission 1995). See also the discussion on this provide for attainment of the primary control measures, monitoring, and issue in the Cincinnati, Ohio 1-hour NAAQS. EPA interprets this reporting; include provisions for air ozone redesignation (65 FR 37890, June requirement to impose a duty on all quality modeling; and provide for 19, 2000), and in the Pittsburgh, nonattainment areas to consider all public and local agency participation in Pennsylvania 1-hour ozone available control measures and to adopt planning and emission control rule redesignation (66 FR 50399, October 19, and implement such measures as are development. 2001). reasonably available for implementation Section 110(a)(2)(D) of the CAA We have reviewed Wisconsin’s SIP in each area as components of the area’s requires that SIPs contain measures to and have concluded that it meets the attainment demonstration. Because prevent sources in a State from general SIP requirements under section attainment has been reached, no significantly contributing to air quality 110 of the CAA to the extent they are additional measures are needed to problems in another State. To applicable for purposes of provide for attainment, and section implement this provision, EPA has redesignation. EPA has previously 172(c)(1) requirements are no longer required certain States to establish approved provisions of the Wisconsin considered to be applicable as long as programs to address transport of air SIP addressing section 110 elements the area continues to attain the standard 1 pollutants (NOX SIP Call and Clean Air under the 1-hour ozone standard (40 until redesignation. (40 CFR 51.918). Interstate Rule (CAIR) (70 FR 25162, CFR 52.2570). Further, in a submittal The RFP requirement under section May 12, 2005)). However, the section dated December 12, 2007, Wisconsin 172(c)(2) is defined as progress that 110(a)(2)(D) requirements for a State are confirmed that the State continues to must be made toward attainment. This not linked with a particular meet the section 110 requirements for requirement is not relevant for purposes nonattainment area’s designation and the 8-hour ozone standard. EPA has not of redesignation because the Manitowoc classification. EPA believes that the yet taken rulemaking action on this County and Door County areas have requirements linked with a particular submittal; however, such approval is monitored attainment of the ozone nonattainment area’s designation and not necessary for redesignation. NAAQS. (General Preamble, 57 FR classification are the relevant measures 13564). See also 40 CFR 51.918. In ii. Part D Requirements to evaluate in reviewing a redesignation addition, because the Manitowoc request. The transport SIP submittal EPA has determined that, if EPA County and Door County areas have requirements, where applicable, finalizes the approval of the base year attained the ozone NAAQS and are no continue to apply to a State regardless emissions inventories discussed in longer subject to an RFP requirement, of the designation of any one particular section VI.C. of this rulemaking, the the requirement to submit the section area in the State. Thus, we believe that Wisconsin SIP will meet the applicable 172(c)(9) contingency measures is not these requirements should not be SIP requirements for the Manitowoc applicable for purposes of construed to be applicable requirements County and Door County areas redesignation. Id. for purposes of redesignation. applicable for purposes of redesignation Section 172(c)(3) requires submission Further, we believe that the other under part D of the CAA. Subpart 1 of and approval of a comprehensive, section 110 elements described above part D, found in sections 172–176 of the accurate and current inventory of actual that are not connected with CAA, sets forth the basic nonattainment emissions. Wisconsin submitted 2005 nonattainment plan submissions and requirements applicable to all base year emissions inventories on June not linked with an area’s attainment nonattainment areas. Subpart 2 of part 12, 2007. As discussed below in section status are also not applicable D, which includes section 182 of the VI.C., EPA is proposing to approve the requirements for purposes of CAA, establishes additional specific 2005 base year inventories as meeting redesignation. A State remains subject requirements depending on the area’s the section 172(c)(3) emissions to these requirements after an area is nonattainment classification. inventory requirement for the redesignated to attainment. We Since the Manitowoc County and Manitowoc County and Door County conclude that only the section 110 and Door County areas were not classified areas. part D requirements that are linked with under subpart 2, of Part D at the time Section 172(c)(4) requires the a particular area’s designation and the redesignation requests were identification and quantification of classification are the relevant measures submitted, the subpart 2 requirements allowable emissions for major new and that we may consider in evaluating a do not apply for purposes of evaluating modified stationary sources in an area, redesignation request. This approach is the State’s redesignation requests. The and section 172(c)(5) requires source consistent with EPA’s existing policy on applicable subpart 1 requirements are permits for the construction and applicability of conformity and contained in sections 172(c)(1)–(9) and operation of new and modified major oxygenated fuels requirements for in section 176. stationary sources anywhere in the redesignation purposes, as well as with nonattainment area. EPA approved section 184 ozone transport Subpart 1 Section 172 Requirements Wisconsin’s current NSR program on requirements. See Reading, For purposes of evaluating these December 17, 2008 (73 FR 76558 and redesignation requests, the applicable 76560). Nonetheless, EPA has 1 On October 27, 1998 (63 FR 57356), EPA issued section 172 SIP requirements for the determined that, since PSD a NOX SIP Call requiring the District of Columbia Manitowoc County and Door County requirements will apply after and 22 States to reduce emissions of NOX in order to reduce the transport of ozone and ozone areas are contained in sections redesignation, areas being redesignated precursors. Wisconsin was not included in EPA’s 172(c)(1)–(9). A thorough discussion of need not comply with the requirement NOX SIP Call. the requirements contained in section that a nonattainment NSR program be

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approved prior to redesignation, request under section 107(d) for two September 4, 1992, John Calcagni provided that the area demonstrates reasons. First, the requirement to submit memorandum; Southwestern maintenance of the NAAQS without SIP revisions to comply with the Pennsylvania Growth Alliance v. part D NSR. A more detailed rationale conformity provisions of the CAA Browner, 144 F.3d 984, 989–990 (6th for this view is described in a continues to apply to areas after Cir. 1998); Wall v. EPA, 265 F.3d 426 memorandum from Mary Nichols, redesignation to attainment since such (6th Cir. 2001)) plus any additional Assistant Administrator for Air and areas would be subject to a section 175A measures it may approve in conjunction Radiation, dated October 14, 1994, maintenance plan. Second, EPA’s with a redesignation action. See 68 FR entitled, ‘‘Part D New Source Review Federal conformity rules require the 25413, 25426 (May 12, 2003). Since the Requirements for Areas Requesting performance of conformity analyses in passage of the CAA of 1970, Wisconsin Redesignation to Attainment.’’ the absence of Federally-approved State has adopted and submitted, and EPA Wisconsin has demonstrated that the rules. Therefore, because areas are has fully approved, provisions Manitowoc County and Door County subject to the conformity requirements addressing various required SIP areas will be able to maintain the regardless of whether they are elements under the 1-hour ozone standard without part D NSR in effect; redesignated to attainment and, because standard. In this action, EPA is therefore, the State need not have a fully they must implement conformity under approved part D NSR program prior to Federal rules if State rules are not yet proposing to approve Wisconsin’s 2005 approval of the redesignation request. approved, EPA believes it is reasonable base year emissions inventories for the The State’s PSD program will become to view these requirements as not Manitowoc County and Door County effective in the Manitowoc County and applying for purposes of evaluating a areas as meeting the requirement of Door County areas upon redesignation redesignation request. See Wall v. EPA, section 172(c)(3) of the CAA. No to attainment. See rulemakings for 265 F.3d 426 (6th Cir. 2001), upholding Manitowoc County or Door County area Detroit, Michigan (60 FR 12467–12468, this interpretation. See also 60 FR SIP provisions are currently March 7, 1995); Cleveland-Akron- 62748, 62749–62750 (Dec. 7, 1995) disapproved, conditionally approved, or Lorain, Ohio (61 FR 20458, 20469– (Tampa, Florida). partially approved. EPA approved Wisconsin’s general 20470, May 7, 1996); Louisville, 3. The Improvement in Air Quality Is and transportation conformity SIPs on Kentucky (66 FR 53665, October 23, Due to Permanent and Enforceable 2001); and Grand Rapids, Michigan (61 July 29, 1996 (61 FR 39329), and August Reductions in Emissions Resulting From FR 31834–31837, June 21, 1996). 27, 1996 (61 FR 43970), respectively. Section 172(c)(6) requires the SIP to Section 176(c) of the CAA was amended Implementation of the SIP and contain control measures necessary to by provisions contained in the Safe, Applicable Federal Air Pollution provide for attainment of the standard. Accountable, Flexible, Efficient Control Regulations and Other Because attainment has been reached, Transportation Equity Act: A Legacy for Permanent and Enforceable Reductions no additional measures are needed to Users (SAFETEALU), which was signed (Section 107(d)(3)(E)(iii)) provide for attainment. into law on August 10, 2005 (Pub. L. EPA finds that Wisconsin has Section 172(c)(7) requires the SIP to 109–59). Among the changes Congress demonstrated that the observed air meet the applicable provisions of made to this section of the CAA were quality improvement in the Manitowoc section 110(a)(2). As noted above, we streamlined requirements for State County and Door County areas is due to believe the Wisconsin SIP meets the conformity SIPs. Wisconsin is in the requirements of section 110(a)(2) process of updating its transportation permanent and enforceable reductions applicable for purposes of conformity SIP to meet these new in emissions resulting from redesignation. requirements. Wisconsin has submitted implementation of the SIPs, Federal onroad MVEBs for the Manitowoc measures, and other State-adopted Subpart 1 Section 176 Conformity County area of 1.76 and 1.25 tpd VOC measures. Requirements and 3.76 and 1.86 tpd NOX for the years In making this demonstration, WDNR Section 176(c) of the CAA requires 2012 and 2020, respectively and MVEBs has calculated the change in emissions States to establish criteria and for the Door County area of 0.78 and between 2002 and 2007. Wisconsin procedures to ensure that Federally- 0.53 tpd VOC and 1.55 and 0.74 tpd developed an emissions inventory for supported or funded activities, NOX for the years 2012 and 2020, 2002, one of the years used to designate including highway projects, conform to respectively. The areas must use the the areas as nonattainment. The State the air quality planning goals in the MVEBs from the maintenance plans in developed an attainment inventory for applicable SIPs. The requirement to any conformity determination that is 2007, one of the years the Manitowoc determine conformity applies to effective on or after the effective date of County and Door County areas transportation plans, programs and the adequacy finding and/or the monitored attainment. The reduction in projects developed, funded or approved maintenance plans’ approval. emissions and the corresponding under Title 23 of the U.S. Code and the improvement in air quality over this Federal Transit Act (transportation b. The Manitowoc County and Door time period can be attributed to a conformity) as well as to all other County Areas Have Fully Approved number of regulatory control measures Federally-supported or funded projects Applicable SIPs under Section 110(k) of that Manitowoc and Door Counties and (general conformity). State conformity the CAA upwind areas have implemented in revisions must be consistent with If EPA issues a final approval of the recent years. Federal conformity regulations relating base year emissions inventories, EPA to consultation, enforcement, and will have fully approved the Wisconsin a. Permanent and Enforceable Controls enforceability, which EPA promulgated SIP for the Manitowoc County and Door Implemented pursuant to CAA requirements. County areas under section 110(k) of the EPA believes that it is reasonable to CAA for all requirements applicable for The following is a discussion of interpret the conformity SIP purposes of redesignation. EPA may rely permanent and enforceable measures requirements as not applying for on prior SIP approvals in approving a that have been implemented in the purposes of evaluating the redesignation redesignation request (See page 3 of the areas:

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i. Federal Emission Control Measures requirements apply to stationary used to estimate emissions for some combustion units at major sources, with categories. Emission factors were Reductions in VOC and NOX emissions have occurred statewide and compliance required by May 1, 2009. derived from local data, local or in upwind areas as a result of Federal The RACT rule is estimated to achieve national surveys and EPA guidance for emission control measures, with reductions of over 29,000 tpy of NOX the development of emissions additional emission reductions expected emissions from 2002 levels. inventories. Point source emissions to occur in the future. Federal emission NOX SIP Call. On October 27, 1998 were subtracted from total category control measures include the following. (63 FR 57356), EPA issued a NOX SIP specific area source emissions to Tier 2 Emission Standards for Call requiring the District of Columbia prevent double counting. and 22 States to reduce emissions of Vehicles and Gasoline Sulfur Standards. Nonroad mobile source emissions These emission control requirements NOX. Affected States were required to comply with Phase I of the SIP Call were calculated using EPA’s National result in lower VOC and NOX emissions Mobile Inventory Model (NMIM) and from new cars and light duty trucks, beginning in 2004, and Phase II beginning in 2007. The reduction in emissions estimates developed for including sport utility vehicles. The commercial marine vessels, aircraft, and Federal rules were phased in between NOX emissions has resulted in lower concentrations of transported ozone railroads (MAR), three nonroad 2004 and 2009. The EPA has estimated categories not included in NMIM. that, by the end of the phase-in period, entering the Manitowoc County and Door County areas. Emission reductions Before NMIM was run, the following the following vehicle NOX emission resulting from regulations developed in modifications and additions were made reductions will occur nationwide: to the NMIM input data: (1) Revised Passenger cars (light duty vehicles) (77 response to the NOX SIP Call are permanent and enforceable. activity data for construction equipment percent); light duty trucks, minivans, using updates provided by Pechan; (2) and sports utility vehicles (86 percent); b. Emission Reductions revised allocation data for recreational and, larger sports utility vehicles, vans, States are required to develop marine equipment using updates and heavier trucks (69 to 95 percent). periodic emissions inventories every provided by ENVIRON International VOC emission reductions are expected three years. (40 CFR part 51, subpart A). Corporation (ENVIRON); (3) added to range from 12 to 18 percent, Wisconsin is using the periodic depending on vehicle class, over the emission factors for diesel tampers/ emissions inventory from 2002 as the same period. Some of these emission rammers provided by Pechan; (4) nonattainment inventory. Point source reductions occurred by the 2007–2009 revised population data for construction sector emissions inventories were period used to demonstrate attainment, and recreational marine equipment developed using reported point source and additional emission reductions will using updates provided by Pechan and emissions, EPA’s Clean Air Markets occur during the maintenance period. ENVIRON, respectively; (5) revised Heavy-Duty Diesel Engine Rule. EPA database and approved EPA techniques growth rates using updates provided by issued this rule in July 2000. This rule for emissions calculations. Emissions Pechan; and (6) revised gasoline includes standards limiting the sulfur were estimated by collecting process- parameters, including Reid Vapor content of diesel fuel, which went into level information from each facility that Pressure, oxygenate content and sulfur effect in 2004. A second phase took qualifies for inclusion into WDNR’s content, using updates provided by the effect in 2007 which further reduced the point source database. Process, boiler, States and Pechan. Onroad mobile highway diesel fuel sulfur content to 15 fugitive and tank emissions were source emissions were calculated using ppm, leading to additional reductions in typically calculated using throughput the MOBILE6.2 emissions model. information multiplied by an emission combustion NOX and VOC emissions. Wisconsin developed a 2007 factor for the process. Emission factor This rule is expected to achieve a 95 attainment year inventory using the sources included mass balance, stack percent reduction in NOX emissions methodologies described above to testing, continuous emissions monitors, from diesel trucks and busses. estimate point, nonroad mobile and engineering judgment and EPA’s Factor Non-Road Diesel Rule. EPA issued onroad mobile sector emissions. Area this rule in 2004. This rule applies to Information Retrieval database. Area source emissions were generated source emissions were generated by diesel engines used in industries, such applying growth factors and applicable as construction, agriculture, and mining. by backcasting from the 2005 periodic emissions inventory to minimize emission controls to the 2005 area It is estimated that compliance with this source sector inventory. Growth factors rule will cut NOX emissions from non- differences between the nonattainment and attainment inventories due to include the Census Bureau’s County road diesel engines by up to 90 percent. Business Pattern employment data, This rule is currently achieving changes in methodology. The backcasting factors were based on 2002– growth factors developed for LADCO by emission reductions, but will not be Pechan; and EGAS6.0. fully implemented until 2010. 2008 growth factors including the Maximum Achievable Control Census Bureau’s County Business Using the inventories described Technology (MACT) Rules. EPA has Pattern employment data, growth factors above, Wisconsin’s submittal promulgated numerous MACT developed for the Lake Michigan Air documents changes in VOC and NOX standards, many of which limit VOC Directors Consortium (LADCO) by E.H. emissions from 2002 to 2007 for the emissions. Compliance began for many Pechan & Associates, Inc. (Pechan); and Manitowoc County and Door County of the MACT rules from late 2005 the Economic Growth Analysis System areas. Because Manitowoc and Door through 2007. (EGAS6.0). Area source emissions Counties are impacted by transport, estimates for the 2005 periodic WDNR also documented emissions ii. Control Measures in Upwind Areas inventory were calculated using reductions for the upwind Wisconsin NOX Reasonably Available Control population, gasoline consumption, areas of Sheboygan and Milwaukee- Technology (RACT). Wisconsin adopted employment, crop acreages, and other Racine. Emissions data are shown in NOX RACT regulations for the upwind activity surrogates. The results of an Tables 2 through 6 below. Milwaukee-Racine area. The emission EPA Solvent Mass Balance study were BILLING CODE 6560–50–P

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Table 4 shows that the Manitowoc possibility of future NAAQS violations, v. EPA, 375 F. 3d 537 (7th Cir. 2004). County area reduced VOC emissions by the maintenance plan must contain See also 66 FR 53094, 53099–53100 1.85 tpd and NOX emissions by 2.32 tpd contingency measures with a schedule (October 19, 2001), 68 FR 25413, 25430– between 2002 and 2007. Table 5 shows for implementation as EPA deems 25432 (May 12, 2003). that the Door County area reduced VOC necessary to assure prompt correction of Wisconsin is using emissions emissions by 1.23 tpd and NOX any future 8-hour ozone violations. inventory projections for the years 2012 The September 4, 1992, John Calcagni emissions by 2.17 tpd between 2002 and and 2020 to demonstrate maintenance. memorandum provides additional 2007. In addition, as shown in Table 6, Emissions estimates were generated for the upwind areas of Sheboygan and guidance on the content of a point sources, area sources, and the Milwaukee-Racine reduced VOC maintenance plan. The memorandum MAR portion of the nonroad mobile emissions by 39.90 tpd and NO clarifies that an ozone maintenance plan X sector by applying growth factors and emissions by 125.08 tpd between 2002 should address the following items: the applicable emission controls to the 2005 and 2007. Based on the information attainment VOC and NOX emissions emissions inventory. The 2005 summarized above, Wisconsin has inventories, a maintenance emissions inventory was developed adequately demonstrated that the demonstration showing maintenance for following the same methodologies improvement in air quality is due to the ten years of the maintenance period, described for the 2002 inventory, in permanent and enforceable emissions a commitment to maintain the existing section VI.A.3.b., above. Growth factors reductions. monitoring network, factors and include the Census Bureau’s County procedures to be used for verification of 4. The Area Has a Fully Approved Business Pattern employment data, continued attainment of the NAAQS, Maintenance Plan Pursuant to Section growth factors developed for LADCO by and a contingency plan to prevent or 175A of the CAA (Section Pechan; and EGAS6.0. Growth factors correct future violations of the NAAQS. 107(d)(3)(E)(iv)) were only available for emission In conjunction with its requests to b. Attainment Inventory projections to 2018. Emissions for 2020 redesignate the Manitowoc County and The WDNR developed emissions were estimated using linear Door County nonattainment areas to inventories for 2007, one of the years interpolation from 2018. For Electric attainment status, Wisconsin submitted used to demonstrate monitored Generating Unit (EGU) point sources, SIP revisions to provide for the attainment of the 8-hour NAAQS, as projections were performed on a facility maintenance of the 8-hour ozone described above. The attainment level of by facility basis. The growth in NAAQS in the areas through 2020. emissions is summarized in Table 3, generation emissions considers above. corporate utility growth in electricity a. What is required in a maintenance demand and the potential dispatch by plan? c. Demonstration of Maintenance the regional Midwest Independent Section 175A of the CAA sets forth Along with the redesignation Transmission System Operator to meet the required elements of a maintenance requests, WDNR submitted revisions to broader demand. The growth in plan for areas seeking redesignation the Wisconsin 8-hour ozone SIP to electricity consumption by load type is from nonattainment to attainment. include maintenance plans for the based on growth rate projections by the Under section 175A, the plan must Manitowoc County and Door County Wisconsin Public Service Commission demonstrate continued attainment of areas, as required by section 175A of the and historic growth rates. Nonroad the applicable NAAQS for at least ten CAA. These demonstrations show mobile emissions, excluding MAR, were years after the Administrator approves a maintenance of the 8-hour ozone calculated using NMIM with the redesignation to attainment. Eight years standard through 2020 by showing that modifications and additions to the input after the redesignation, the State must current and future emissions of VOC data described in section VI.A.3.b., submit a revised maintenance plan and NOX for the areas remain at or above. Onroad mobile source emissions which demonstrates that attainment will below attainment year emission levels. were calculated using the MOBILE6.2 continue to be maintained for ten years A maintenance demonstration need not emissions model. Emissions data are following the initial ten-year be based on modeling. See Wall v. EPA, shown in Tables 7 through 11, below. maintenance period. To address the 265 F.3d 426 (6th Cir. 2001), Sierra Club BILLING CODE 6560–50–P

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The emission projections show that the effect of the recent court decision controls, e.g., consent decree or rule. Wisconsin does not expect emissions in vacating CAIR. This analysis is EGU NOX emissions projections for the the Manitowoc County and Door County documented in LADCO’s ‘‘Regional Air States of Illinois, Indiana, Michigan, areas to exceed the level of the 2007 Quality Analyses for Ozone, PM2.5, and Ohio, and Wisconsin are shown below attainment year inventory during the Regional Haze: Final Technical Support in Table 12. The emission projections maintenance period, even without Document (Supplement), September 12, used for the modeling analysis do not implementation of CAIR. (See also 2008.’’ LADCO produced a base year account for certain relevant factors such discussion below.) As shown in Table 9, inventory for 2005 and future year as allowance trading and potential VOC and NOX emissions in the inventories for 2009, 2012, and 2018. To changes in operation of existing control estimate future EGU NO emissions Manitowoc County area are projected to X devices. The NO projections indicate decrease by 0.99 tpd and 3.88 tpd, without implementation of CAIR, X that, due to the NOX SIP Call, certain respectively, between 2007 and 2020. LADCO projected 2007 EGU NOX State rules, consent decrees resulting As shown in Table 10, VOC and NO emissions for all States in the modeling X from enforcement cases, and ongoing emissions in the Door County area are domain based on Energy Information projected to decrease by 2.96 tpd and Administration growth rates by State implementation of a number of mobile 1.27 tpd, respectively, between 2007 (North American Electric Reliability source rules, EGU NOX is not expected and 2020. In addition, as shown in Corporation (NERC) region) and fuel to increase in Wisconsin, or any of the States in the immediate region, and Table 11, VOC and NOX emissions in type for the years 2009, 2012 and 2018. the upwind areas of Sheboygan and The assumed 2007–2018 growth rates overall NOX emissions in Wisconsin, Milwaukee-Racine are projected to were 8.8% for Illinois, Iowa, Missouri and the nearby region are expected to decrease by 16.20 tpd and 66.63 tpd, and Wisconsin; 13.5% for Indiana, decrease substantially between 2005 2 respectively, between 2007 and 2020. Kentucky, Michigan and Ohio; and and 2020. Total NOX emissions In addition, LADCO performed a 15.1% for Minnesota. Emissions were projections are shown in Table 13, regional modeling analysis to address adjusted by applying legally enforceable below.

2 There is more uncertainty about the use of SO2 emissions; thus, further review and discussion will these emission projections for future PM2.5 SIP allowances and future projections for SO2 be needed regarding the appropriateness of using approvals and redesignation requests.

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TABLE 12—EGU NOX EMISSIONS FOR THE STATES OF ILLINOIS, INDIANA, MICHIGAN, OHIO AND WISCONSIN (TPD) FOR 2007, 2009, 2012, AND 2018

2007 2009 2012 2018

EGU ...... 1,582 1,552 1,516 1,524

TABLE 13—TOTAL NOX EMISSIONS FOR THE STATES OF ILLINOIS, INDIANA, MICHIGAN, OHIO AND WISCONSIN (TPD) FOR THE YEARS 2005, 2009, 2012, AND 2018

2005 2009 2012 2018

Total NOX ...... 8,260 6,778 6,076 4,759

Given that 2007 is one of the years Therefore, EPA believes that can be relied upon in demonstrating Wisconsin used to demonstrate Wisconsin’s demonstration of maintenance. monitored attainment of the 8-hour maintenance under sections 175A and d. Monitoring Network NAAQS, Table 12 shows that EGU NOX 107(d)(3)(E) is valid. emissions will remain below attainment The NOX SIP Call requires States to Wisconsin currently operates one levels through 2018. If the rate of make significant, specific emissions ozone monitor in Manitowoc County emissions increase between 2012 and reductions. It also provided a and one ozone monitor in Door County. 2018 continues through 2020, EGU NOX mechanism, the NOX Budget Trading Wisconsin has committed to continue to emissions would still remain below Program, which States could use to operate and maintain an approved attainment levels in 2020. Furthermore, achieve those reductions. When EPA ozone monitoring network in the as shown in Table 13, total NOX promulgated CAIR, it discontinued Manitowoc County and Door County emissions clearly continue to decrease (starting in 2009) the NOX Budget areas. WDNR has also committed to substantially throughout the Trading Program, 40 CFR 51.121(r), but consult with EPA regarding any changes maintenance period. created another mechanism, the CAIR in siting that may become necessary in Ozone modeling performed by ozone season trading program, which the future. Wisconsin remains obligated LADCO supports the conclusion that the States could use to meet their SIP Call to continue to quality assure monitoring Manitowoc County and Door County obligations (70 FR 25289–25290). EPA data in accordance with 40 CFR part 58 areas will maintain the standard notes that a number of States, when and enter all data into the AQS in throughout the maintenance period. submitting SIP revisions to require accordance with Federal guidelines. Peak modeled ozone levels in the sources to participate in the CAIR ozone Manitowoc County area for 2009, 2012 season trading program, removed the e. Verification of Continued Attainment and 2018 are 0.081 ppm, 0.079 ppm, SIP provisions that required sources to Continued attainment of the ozone and 0.073 ppm, respectively. Peak participate in the NOX Budget Trading NAAQS in the Manitowoc County and modeled ozone levels in the Door Program. In addition, because the Door County areas depends, in part, on County area for 2009, 2012 and 2018 are provisions of CAIR, including the ozone the State’s efforts toward tracking 0.084 ppm, 0.081 ppm, and 0.076 ppm, season NOX trading program, remain in indicators of continued attainment respectively. These projected ozone place during the remand, EPA is not during the maintenance period. levels were modeled applying only currently administering the NOX Budget Wisconsin’s plan for verifying legally enforceable controls; e.g., Trading Program. Nonetheless, all continued attainment of the 8-hour consent decrees, rules, the NOX SIP States, regardless of the current status of standard in the Manitowoc County and Call, Federal motor vehicle control their regulations that previously Door County areas consists of continued programs, etc. Because these programs required participation in the NOX ambient ozone monitoring in will remain in place, emission levels, Budget Trading Program, will remain accordance with the requirements of 40 and therefore ozone levels, would not be subject to all of the requirements in the CFR part 58. WDNR will also continue expected to increase significantly NOX SIP Call even if the existing CAIR to develop and submit periodic between 2018 and 2020. Given that ozone season trading program is emission inventories as required by the projected emissions and modeled ozone withdrawn or altered. In addition, the Federal Consolidated Emissions levels continue to decrease substantially anti-backsliding provisions of 40 CFR Reporting Rule (67 FR 39602, June 10, through 2018, it is reasonable to infer 51.905(f) specifically provide that the 2002), and will evaluate future VOC and that a 2020 modeling run would also provisions of the NOX SIP Call, NOX emissions inventories for increases show levels well below the 1997 8-hour including the statewide NOX emission over the 2007 emission inventory levels. ozone standard. budgets, continue to apply after f. Contingency Plan EPA has considered the relationship revocation of the 1-hour standard. of the maintenance plans to the All NOX SIP Call States have SIPs that The contingency plan provisions are reductions required pursuant to CAIR. currently satisfy their obligations under designed to promptly correct or prevent This rule was remanded to EPA, and the the SIP Call, the SIP Call reduction a violation of the NAAQS that might process of developing a replacement requirements are being met, and EPA occur after redesignation of an area to rule is ongoing. However, the remand of will continue to enforce the attainment. Section 175A of the CAA CAIR does not alter the requirements of requirements of the NOX SIP Call even requires that a maintenance plan the NOX SIP Call, and Wisconsin has after any response to the CAIR remand. include such contingency measures as demonstrated maintenance without any For these reasons, EPA believes that EPA deems necessary to assure that the additional CAIR requirements (beyond regardless of the status of the CAIR State will promptly correct a violation those required by the NOX SIP Call). program, the NOX SIP Call requirements of the NAAQS that occurs after

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redesignation. The maintenance plan EPA updated ozone maintenance plans transportation plan does not conform, should identify the contingency eight years after redesignation of the most new transportation projects that measures to be adopted, a schedule and Manitowoc County and Door County would expand the capacity of roadways procedure for adoption and areas to cover an additional ten-year cannot go forward. Regulations at 40 implementation of the contingency period beyond the initial ten-year CFR part 93 set forth EPA policy, measures, and a time limit for action by maintenance period. As required by criteria, and procedures for the State. The State should also identify section 175A of the CAA, Wisconsin has demonstrating and assuring conformity specific indicators to be used to committed to retain the VOC and NOX of such transportation activities to a SIP. determine when the contingency control measures contained in the SIP When reviewing SIP revisions measures need to be adopted and prior to redesignation. containing MVEBs, including implemented. The maintenance plan EPA has concluded that the attainment strategies, rate-of-progress must include a requirement that the maintenance plans adequately address plans, and maintenance plans, EPA State will implement all measures with the five basic components of a must affirmatively approve or find that respect to control of the pollutant(s) that maintenance plan: Attainment the MVEBs are ‘‘adequate’’ for use in were contained in the SIP before inventory, maintenance demonstration, determining transportation conformity redesignation of the area to attainment. monitoring network, verification of before the MVEBs can be used. Once See section 175A(d) of the CAA. continued attainment, and a EPA affirmatively approves or finds the As required by section 175A of the contingency plan. Thus EPA proposes to submitted MVEBs to be adequate for CAA, Wisconsin has adopted find that the maintenance plan SIP transportation conformity purposes, the contingency plans for the Manitowoc revisions submitted by Wisconsin for MVEBs must be used by State and County and Door County areas to the Manitowoc County and Door County Federal agencies in determining address possible future ozone air quality areas meet the requirements of section whether proposed transportation problems. A contingency plan response 175A of the CAA. projects conform to the SIP as required will be triggered whenever a three-year by section 176(c) of the CAA. EPA’s average fourth-high monitored value of B. Adequacy of Wisconsin’s MVEBs substantive criteria for determining the 0.085 ppm or greater is monitored 1. How are MVEBs developed and what adequacy of MVEBs are set out in 40 within the maintenance area. When a are the MVEBs for the Manitowoc CFR 93.118(e)(4). response is triggered, WDNR will County and Door County areas? EPA’s process for determining evaluate existing but not fully adequacy of a MVEB consists of three Under the CAA, States are required to implemented, on-the way, and, if basic steps: (1) Providing public submit, at various times, control strategy necessary, new control measures to notification of a SIP submission; (2) SIP revisions and ozone maintenance correct the violation of the standard providing the public the opportunity to plans for ozone nonattainment areas and within 18 months. The State has comment on the MVEB during a public for areas seeking redesignations to confirmed EPA’s interpretation that this comment period; and, (3) EPA taking attainment of the ozone standard. These commitment means that the measure action on the MVEB. The process for emission control strategy SIP revisions will be adopted and implemented determining the adequacy of submitted (e.g., RFP and attainment demonstration within 18 months of the triggering SIP MVEBs is codified at 40 CFR 93.118. SIP revisions) and ozone maintenance event. In addition, it is EPA’s The maintenance plans submitted by plans create MVEBs based on onroad understanding that to acceptably Wisconsin for the Manitowoc County mobile source emissions for criteria address a violation of the standard, and Door County areas contain new pollutants and/or their precursors to existing and on-the way control VOC and NOX MVEBs for the areas for address pollution from onroad measures must be in excess of emissions the years 2012 and 2020. The transportation sources. The MVEBs are reductions included in the projected availability of the SIP submission with the portions of the total allowable maintenance inventories. these 2012 and 2020 MVEBs was WDNR included the following list of emissions that are allocated to highway announced for public comment on potential contingency measures in its and transit vehicle use that, together EPA’s Adequacy Web site on February maintenance plans: with emissions from other sources in 24, 2010, at: http://www.epa.gov/otaq/ the area, will provide for attainment or stateresources/transconf/currsips.htm. i. Broaden the application of the NOX RACT program by including a larger maintenance. The EPA public comment period on geographic area, and/or including Under 40 CFR part 93, a MVEB for an adequacy of the 2012 and 2020 MVEBs sources with potential emissions of 50 area seeking a redesignation to for the Manitowoc County and Door tons per year, and/or increasing the attainment is established for the last County areas closed on March 26, 2010. cost-effectiveness thresholds utilized as year of the maintenance plan. The No adverse comments on the submittal MVEB serves as a ceiling on emissions were received during the adequacy a basis for Wisconsin’s NOX RACT Program; from an area’s planned transportation comment period. ii. Develop an anti-idling control system. The MVEB concept is further EPA, through this rulemaking, has program for mobile sources targeting explained in the preamble to the found adequate and is proposing to diesel vehicles; November 24, 1993, transportation approve the MVEBs for use to determine iii. Adopt a rule reducing VOC conformity rule (58 FR 62188). transportation conformity in the content in architectural, industrial and Under section 176(c) of the CAA, new Manitowoc County and Door County maintenance coatings; and transportation projects that receive areas, because EPA has determined that iv. Adopt a rule reducing VOC Federal funding or support, such as the the areas can maintain attainment of the content in commercial and consumer construction of new highways, must 8-hour ozone NAAQS for the relevant products. ‘‘conform’’ to (i.e., be consistent with) maintenance period with mobile source the SIP. Conformity to the SIP means emissions at the levels of the MVEBs. g. Provisions for Future Updates of the that transportation activities will not WDNR has determined the 2012 MVEBs Ozone Maintenance Plan cause new air quality violations, worsen for the Manitowoc County and Door As required by section 175A(b) of the existing air quality violations, or delay County areas to be 1.76 tpd for VOC and CAA, WDNR commits to submit to the timely attainment of the NAAQS. If a 3.76 tpd for NOX, and 0.78 tpd for VOC

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and 1.55 tpd for NOX, respectively. on-road mobile sources, and non-road Nonroad mobile source emissions WDNR has determined the 2020 MVEBs mobile sources. All emission summaries were calculated using EPA’s NMIM and for the Manitowoc County and Door were accompanied by descriptions of emissions estimates developed for County areas to be 1.25 tpd for VOC and emission calculation procedures and commercial marine vessels, aircraft, and 1.86 tpd for NOX, and 0.53 tpd for VOC sources of input data. railroads (MAR), three nonroad and 0.74 tpd for NOX, respectively. Point source sector emissions categories not included in NMIM. These MVEBs are consistent with the inventories were developed using Before NMIM was run, the following onroad mobile source VOC and NOX reported point source emissions, EPA’s modifications and additions were made emissions projected by the Wisconsin Clean Air Markets database and to the NMIM input data: (1) Revised Department of Transportation for 2012 approved EPA techniques for emissions activity data for construction equipment and 2020, as summarized in Tables 9 calculations. Emissions were estimated using updates provided by Pechan; (2) and 10 above. Wisconsin has by collecting process-level information revised allocation data for recreational demonstrated that the Manitowoc from each facility that qualifies for marine equipment using updates County area can maintain the 8-hour inclusion into WDNR’s point source provided by ENVIRON International ozone NAAQS with mobile source database. Process, boiler, fugitive and Corporation (ENVIRON); (3) added emissions of 1.76 tpd and 1.25 tpd of tank emissions were typically calculated emission factors for diesel tampers/

VOC and 3.76 tpd and 1.86 tpd of NOX using throughput information rammers provided by Pechan; (4) in 2012 and 2020, respectively, since multiplied by an emission factor for the revised population data for construction emissions will remain under attainment process. Emission factor sources and recreational marine equipment year emission levels. Wisconsin has included mass balance, stack testing, using updates provided by Pechan and demonstrated that the Door County area continuous emissions monitors, ENVIRON, respectively; (5) revised can maintain the 8-hour ozone NAAQS engineering judgment and EPA’s Factor growth rates using updates provided by with mobile source emissions of 0.78 Information Retrieval database. Pechan; and (6) revised gasoline tpd and 0.53 tpd of VOC and 1.55 tpd Area source emissions were parameters, including Reid Vapor and 0.74 tpd of NOX in 2012 and 2020, Pressure, oxygenate content and sulfur respectively, since emissions will calculated using population, gasoline content, using updates provided by the remain under attainment year emission consumption, employment, crop States and Pechan. Onroad mobile levels. acreages, and other activity surrogates. The results of an EPA Solvent Mass source emissions were calculated using C. 2005 Base Year Emissions Inventories Balance study were used to estimate the MOBILE6.2 emissions model. As discussed above, section 172(c)(3) emissions for some categories. Emission The 2005 summer day emissions of of the CAA requires areas to submit a factors were derived from local data, VOC and NOX for the Manitowoc base year emissions inventory. On June local or national surveys and EPA County and Door County areas are 12, 2007, WDNR submitted a 2005 base guidance for the development of summarized in Table 14, below. EPA is year emissions inventory to meet this emissions inventories. Point source proposing to approve these 2005 base requirement. Emissions contained in the emissions were subtracted from total year inventories as meeting the section submittal cover the general source category specific area source emissions 172(c)(3) emissions inventory categories of point sources, area sources, to prevent double counting. requirement.

VII. What actions is EPA taking? standard. EPA is also proposing to VIII. Statutory and Executive Order approve the maintenance plan SIP Reviews EPA is proposing to determine that revisions for the Manitowoc County and the Manitowoc County and Door County Door County areas. EPA’s proposed Under the CAA, redesignation of an areas have attained the 1997 8-hour area to attainment and the approvals of the maintenance plans is ozone NAAQS. EPA is proposing to accompanying approval of a based on the State’s demonstration that approve the redesignations of the maintenance plan under section Manitowoc County and Door County the plans meet the requirements of 107(d)(3)(E) are actions that affect the areas from nonattainment to attainment section 175A of the CAA, as described status of a geographical area and do not for the 1997 8-hour ozone NAAQS. more fully above. EPA is proposing to impose any additional regulatory After evaluating the redesignation approve WDNR’s 2005 base year requirements on sources beyond those requests submitted by Wisconsin, EPA emissions inventories for the imposed by State law. A redesignation believes that the requests meet the Manitowoc County and Door County to attainment does not in and of itself redesignation criteria set forth in section areas as meeting the requirements of create any new requirements, but rather 107(d)(3)(E) of the CAA. The final section 172(c)(3) of the CAA. Finally, results in the applicability of approval of these redesignation requests EPA finds adequate and is proposing to requirements contained in the CAA for would change the official designations approve Wisconsin’s 2012 and 2020 areas that have been redesignated to for the Manitowoc County and Door MVEBs for the Manitowoc County and attainment. Moreover, the Administrator County areas from nonattainment to Door County areas. is required to approve a SIP submission attainment for the 1997 8-hour ozone that complies with the provisions of the

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Act and applicable Federal regulations. relations, Ozone, Nitrogen dioxides, submit information directly to the 42 U.S.C. 7410(k); 40 CFR 52.02(a). Reporting and recordkeeping Ventura Fish and Wildlife Office (see Thus, in reviewing SIP submissions, requirements, Volatile organic FOR FURTHER INFORMATION CONTACT EPA’s role is to approve State choices, compounds. section below). Please note that we may provided that they meet the criteria of not be able to address or incorporate 40 CFR Part 81 the Clean Air Act. Accordingly, these information that we receive after the actions merely do not impose additional Environmental protection, Air date noted above. requirements beyond those imposed by pollution control. ADDRESSES: You may submit State law and the Clean Air Act. For that Authority: 42 U.S.C. 7401 et seq. information by one of the following reason, these actions: Dated: April 14, 2010. methods: • Are not ‘‘significant regulatory • Walter W. Kovalick Jr., Federal eRulemaking Portal: http:// actions’’ subject to review by the Office www.regulations.gov. Search for docket Acting Regional Administrator, Region 5. of Management and Budget under FWS-R8-ES-2010-0006 and then follow Executive Order 12866 (58 FR 51735, [FR Doc. 2010–9753 Filed 4–26–10; 8:45 am] the instructions for submitting October 4, 1993); BILLING CODE 6560–50–P comments. • Do not impose an information • U.S. mail or hand-delivery: Public collection burden under the provisions Comments Processing, Attn: FWS-R8- of the Paperwork Reduction Act (44 DEPARTMENT OF THE INTERIOR ES-2010-0006; Division of Policy and U.S.C. 3501 et seq.); Directives Management; U.S. Fish and Fish and Wildlife Service • Are certified as not having a Wildlife Service; 4401 N. Fairfax Drive, significant economic impact on a Suite 222; Arlington, VA 22203. 50 CFR Part 17 substantial number of small entities We will post all information received under the Regulatory Flexibility Act [FWS-R8-ES-2010-0006] on http://www.regulations.gov. This (5 U.S.C. 601 et seq.); [MO 92210-0-0008 B2] generally means that we will post any • Do not contain any unfunded personal information you provide us mandate or significantly or uniquely Endangered and Threatened Wildlife (see the Information Solicited section affect small governments, as described and Plants; 90–day Finding on a below for more information). Petition to List the Mohave Ground in the Unfunded Mandates Reform Act FOR FURTHER INFORMATION CONTACT: Squirrel as Endangered with Critical of 1995 (Pub. L. 104–4); Michael McCrary, Listing and Recovery • Habitat Do not have Federalism Coordinator, Ventura Fish and Wildlife implications as specified in Executive AGENCY: Fish and Wildlife Service, Office, 2593 Portola Road, Suite B, Order 13132 (64 FR 43255, August 10, Interior. Ventura, CA 93003; telephone (805) 1999); ACTION: 644-1766; facsimile (805) 644-3958. If • Are not an economically significant Notice of 90–day petition finding and initiation of status review. you use a telecommunications device regulatory action based on health or for the deaf (TDD), call the Federal safety risks subject to Executive Order SUMMARY: We, the U.S. Fish and Information Relay Service (FIRS) at 13045 (62 FR 19885, April 23, 1997); Wildlife Service (Service), announce a (800) 877-8339. • Is not a significant regulatory action 90–day finding on a petition to list the SUPPLEMENTARY INFORMATION: subject to Executive Order 13211 (66 FR Mohave ground squirrel 28355, May 22, 2001); (Xerospermophilus mohavensis) as an Information Solicited • Are not subject to requirements of endangered species under the When we make a finding that a section 12(d) of the National Endangered Species Act of 1973, as petition presents substantial Technology Transfer and Advancement amended (Act). Based on our review, we information indicating that listing a Act of 1995 (15 U.S.C. 272 note) because find that the petition presents species may be warranted, we are application of those requirements would substantial scientific or commercial required to promptly review the status be inconsistent with the Clean Air Act; information indicating that listing the of the species (status review). For the and Mohave ground squirrel may be status review to be complete and based • Do not provide EPA with the warranted. Therefore, with the on the best available scientific and discretionary authority to address, as publication of this notice, we are commercial information, we request appropriate, disproportionate human initiating a status review of the species information on the Mohave ground health or environmental effects, using to determine if listing the species is squirrel from government agencies, practicable and legally permissible warranted. To ensure that this status Native American Tribes, the scientific methods, under Executive Order 12898 review is comprehensive, we are community, industry, and any other (59 FR 7629, February 16, 1994). requesting scientific and commercial interested parties. We seek information In addition, this rule does not have data and other information regarding on: Tribal implications as specified by this species. Based on the status review, (1) The species’ biology, range, and Executive Order 13175 (65 FR 67249, we will issue a 12–month finding on the population trends, including: November 9, 2000), because the SIP is petition, which will address whether (a) Habitat requirements for feeding, not approved to apply in Indian country the petitioned action is warranted, as breeding, and sheltering; located in the State, and EPA notes that provided in section 4(b)(3)(B) of the Act. (b) Genetics and taxonomy; it will not impose substantial direct We will make a determination on (c) Historical and current range, costs on Tribal governments or preempt critical habitat for this species, which including distribution patterns; Tribal law. was also requested in the petition, if and (d) Historical and current population List of Subjects when we initiate a listing action. levels, and current and projected trends; DATES: To allow us adequate time to and 40 CFR Part 52 conduct this review, we request that we (e) Past and ongoing conservation Environmental protection, Air receive information on or before June measures for the species, its habitat, or pollution control, Intergovernmental 28, 2010. After this date, you must both.

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(2) Historical and current survey (b) The historical values of the habitat identifying information, you may information on the Mohave ground to the species; request at the top of your document that squirrel, including survey methods and (c) The frequency of use of the habitat; we withhold this personal identifying design, time of year, weather and information from public view. However, information, time of day, site selection (d) The uniqueness or importance of we cannot guarantee that we will be method, and descriptions of physical the habitat for other reasons, such as able to do so. We will post all hardcopy characteristics of landscapes, soil, and breeding, feeding, seasonal movements, submissions on http:// vegetation. wintering, or suitability for population www.regulations.gov. (3) The factors that are the basis for expansion, or for genetic diversity. Information and supporting making a listing determination for a Please include sufficient information documentation that we received and species under section 4(a) of the Act (16 with your submission (such as full used in preparing this finding, will be U.S.C. 1531 et seq.), which are: references) to allow us to verify any available for public inspection at http:// (a) The present or threatened scientific or commercial information www.regulations.gov, or by destruction, modification, or you include. appointment, during normal business curtailment of the species’ habitat or If, after the status review, we hours, at the U.S. Fish and Wildlife range; determine that listing the Mohave Service, Ventura Fish and Wildlife (b) Overutilization for commercial, ground squirrel is warranted, we will Office (see FOR FURTHER INFORMATION recreational, scientific, or educational propose critical habitat (see definition CONTACT). in section 3(5)(A) of the Act), in purposes; Background (c) Disease or predation; accordance with section 4 of the Act, to (d) The inadequacy of existing the maximum extent prudent and Section 4(b)(3)(A) of the Act requires regulatory mechanisms; or determinable at the time we propose to that we make a finding on whether a (e) Other natural or manmade factors list the species. Therefore, within the petition to list, delist, or reclassify a affecting its continued existence. geographical range currently occupied species presents substantial scientific or (4) Information on management by the Mohave ground squirrel, we commercial information indicating that programs for the conservation of the request data and information on: the petitioned action may be warranted. Mohave ground squirrel. (1) What may constitute ‘‘physical or We are to base this finding on (5) Information on current or expected biological features essential to the information provided in the petition, future development within the range of conservation of the species’’; supporting information submitted with the Mohave ground squirrel, including (2) Where these features are currently the petition, and information otherwise but not limited to: the extent or found; and available in our files. To the maximum magnitude of habitat loss, degradation, (3) Whether any of these features may extent practicable, we are to make this or fragmentation from development for require special management finding within 90 days of our receipt of energy, transportation, agriculture, considerations or protection, including the petition and publish our notice of military training; land management managing for the potential effects of this finding promptly in the Federal prescriptions; or recreation, and how climate change. Register. they may affect the conservation of the In addition, we request data and Our standard for substantial scientific Mohave ground squirrel. information on ‘‘specific areas outside or commercial information within the (6) Information on the population the geographical area occupied by the Code of Federal Regulations (CFR) with status of predators of the Mohave species’’ that are ‘‘essential for the regard to a 90–day petition finding is ground squirrel, including information conservation of the species.’’ Please ‘‘that amount of information that would on the occurrence and extent/severity of provide specific comments and lead a reasonable person to believe that predation by coyotes, house cats, information as to what, if any, critical the measure proposed in the petition common ravens, domestic dogs, and habitat you think we should propose for may be warranted’’ (50 CFR 424.14(b)). feral dogs on the Mohave ground designation if the species is proposed If we find that substantial scientific or squirrel, and the effect of this predation for listing, and why such habitat meets commercial information was presented, on the Mohave ground squirrel’s long- the definition of critical habitat in we are required to promptly commence term survival. section 3 of the Act and the a review of the status of the species, (7) Information on morphological, requirements of section 4 of the Act. which is subsequently summarized in behavioral, genetic, or ecological Submissions merely stating support our 12–month finding. variability in the Mohave ground for or opposition to the action under Petition History squirrel, and any change in that consideration without providing variability. supporting information, although noted, On September 5, 2005, we received a (8) Information on environmental will not be considered in making a petition, dated August 30, 2005, from change within the range of the Mohave determination. Section 4(b)(1)(A) of the Defenders of Wildlife and Dr. Glenn R. ground squirrel. Act directs that determinations as to Stewart to list the Mohave ground (9) Information on the importance of whether any species is an endangered or squirrel as endangered, and to designate certain areas or populations to the long- threatened species must be made ‘‘solely critical habitat concurrently with the term conservation of the Mohave ground on the basis of the best scientific and listing. The petition identified the squirrel that may help us identify commercial data available.’’ scientific name for Mohave ground potentially significant portions of the You may submit your information squirrel as Spermophilus mohavensis; species’ range. This may include concerning this finding by one of the however, the name was changed in 2009 information that demonstrates the methods listed in the ADDRESSES to Xerospermophilus mohavensis following factors are important to a section. If you submit information via (Helgen et al. 2009, p. 273), and we refer portion of the Mohave ground squirrel’s http://www.regulations.gov, your entire to it in this petition finding by its range: submission—including any personal current name. The petition clearly (a) The quality, quantity, and identifying information—will be posted identified itself as such and included distribution of habitat relative to the on the website. If you submit a the requisite identification information biological requirements of the species; hardcopy that includes personal for the petitioners, as required in 50

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CFR 424.14(a). The petition contained and the tail are white (Ingles 1965, p. Mountains. The southeastern edge of the detailed information on the natural 171). The skin is darkly pigmented and historical range is bordered by the history and biology of the Mohave dorsal hair tips are multi-banded. Mojave River with the exception of one ground squirrel, and the current status The closest relative of the Mohave locality east of the Mojave River in the and distribution of the species. It also ground squirrel is the round-tailed Lucerne Valley. The historical range of contained information on what the ground squirrel (Xerospermophilus the Mohave ground squirrel is assumed petitioners reported as potential threats tereticaudus). It has a contiguous, but to have included that area of the to the species. In a March 28, 2006, not overlapping, geographic range with Antelope Valley west of the letter to the petitioners, we informed the Mohave ground squirrel. communities of Palmdale, Lancaster, them that we would not be able to Mating and Reproduction Rosamond, and Mojave, although there address their petition at that time are no records of the species being because further action on the petition The Mohave ground squirrel mating sighted or captured there. season occurs from mid-February to was precluded by court orders and The current range of the Mohave mid-March (Harris and Leitner 2004, p. settlement agreements for other listing ground squirrel is similar to the 1). Recht (c.f. Gustafson 1993, p. 83) actions that required us to use nearly all historical range, except it excludes the reported that male Mohave ground of our listing funds for fiscal year 2006. western portion of the Antelope Valley squirrels are territorial during the We also stated our initial review of the in Los Angeles and Kern Counties and mating season. Females may enter male petition did not indicate that an possibly some of the area from Mohave ground squirrel territory and emergency situation existed and that Victorville to the south and southeast to remain for 1 or 2 days. After copulation, emergency listing was not necessary. Lucerne Valley in San Bernardino the females establish their own home County. Urban and agricultural Previous Federal Actions ranges. John Harris (personal development in these areas has resulted On December 13, 1993, the Service communication, Mills College, Oakland, in the loss or modification of Mohave received a petition dated December 6, CA, as cited in the petition, p. 14) ground squirrel habitat. The Mohave 1993, from Dr. Glenn R. Stewart of observed male Mohave ground squirrels ground squirrel has the smallest range of California Polytechnic State University, staking out the overwintering sites of any ground squirrel species in the Pomona, California, requesting the females to mate with them when they United States. Gustafson (1993, p. 8) Service to list the Mohave ground emerged. states the geographic range of the squirrel as a threatened species. At that Gestation is about 30 days with litter time, the species was a category 2 size ranging from four to nine (Best Mohave ground squirrel encompasses candidate (November 15, 1994; 59 FR 1995, p. 3). Parental care continues approximately 1,968,000 hectares (ha) 58988), and was first included in this through mid-May, with juvenile Mohave (4,863,000 acres (ac)). category on September 18, 1985. ground squirrels emerging above ground Activity Patterns, Movements, and Category 2 included taxa for which between 10 days to 2 weeks later Home Range information in the Service’s possession (Gustafson 1993, p. 84). Mortality for indicated that listing the species as juveniles is high during the first year The active season for the Mohave endangered or threatened was possibly with more male Mohave ground ground squirrel is short, generally from appropriate, but for which sufficient squirrels lost than females. Female early March to August (Bartholomew data on biological vulnerability and Mohave ground squirrels can breed at 1 and Hudson 1960, p. 194), but may threats were not available to support a year of age if environmental conditions begin as early as mid-January to late proposed listing rule. On September 7, are favorable (Leitner and Leitner 1998, February. Initiation depends on 1995, we published our 90–day petition p. 28). temperature and elevation (Gustafson finding, which determined that the 1993 The reproductive success of the 1993, p. 19). During this time, Mohave petition did not present substantial Mohave ground squirrel is dependent ground squirrels must mate, gather information indicating that the on the amount of fall and winter enough nutrition to produce and sustain petitioned action may be warranted (60 precipitation. Leitner and Leitner (1998, a litter, and ensure nutritional reserves FR 46569). p. 20) found a positive correlation to last during the inactive season. between fall and winter rainfall and During the inactive season, Mohave Species Information recruitment of juvenile squirrels the ground squirrels exist in their burrows The Mohave ground squirrel following year. In a low rainfall year, in a state of torpor (a state of reduced (Xerospermophilus mohavensis) is a Mohave ground squirrels may forego physiological activity or sluggishness) to distinct, full species with no recognized breeding, or the low availability of food conserve their reserves of energy and subspecies. The petitioners presented due to low rainfall may cause water. sufficient, reliable information related to reproductive failure (Leitner and Leitner The length of the active season varies the taxonomic status of the Mohave 1998, p. 29). by sex, age, and availability of food ground squirrel. It was discovered in resources. In dry years, which are often 1886 by F. Stephens and described as a Range and Distribution non-reproductive years, Mohave ground distinct monotypic species by Merriam The presumed historical range of the squirrels may enter their state of torpor (1889, p. 15). The type locality is near Mohave ground squirrel, which is based as early as spring (Leitner et al. 1995, p. Rabbit Springs in the Lucerne Valley, on the current range and historical 83). The active season for an adult is San Bernardino County, California. locations of suitable habitat, is the shorter than for a juvenile as adults do The Mohave ground squirrel is a northwest portion of the Mojave Desert not need to acquire as much energy for medium-sized squirrel. Total length is in parts of Inyo, Kern, Los Angeles, and the inactive season as juveniles do. The approximately 23 centimeters (cm) (9 San Bernardino Counties, California. active season for an adult female is inches (in)) with a tail length of 6.4 cm This area is bounded on the south and generally longer than for a male because (2.5 in). The upper body is grayish west by the San Gabriel, Tehachapi, and females need to acquire additional brown, pinkish gray, cinnamon gray, Sierra Nevada ranges, and on the energy for litter production and and pinkish cinnamon without stripes northeast by the Owens Lake and Coso, lactation (Leitner et al. 1997, pp. 114- or flecking. The underparts of the body Slate, Quail, Granite, and Avawatz 115).

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Mohave ground squirrels are diurnal; captured during the first survey period in exploiting high-quality food they spend much of the day above was more than twice that of the second resources. ground (Recht 1977, p. 56). As (Leitner 2005, p. 3). Predation and Mortality temperatures increase into the spring Brooks and Matchett (2002) analyzed and early summer, Mohave ground the data from all known Mohave ground There is little documentation on the squirrels will spend more time in the squirrel studies. Forty-nine percent of natural predators of the Mohave ground shade of shrubs or briefly use their the sites were identified from observing squirrel. There is circumstantial burrows. Burrows are usually located or trapping only one animal. evidence of predation by coyotes (Canis beneath large shrubs. Mohave ground latrans), prairie falcons (Falco squirrels may use several burrows at Habitat and Life History Requirements mexicanus), and common ravens night throughout a season; they also use The habitat requirements of the (Corvus corax) (Leitner et al. 1997, p. other burrows for predator avoidance Mohave ground squirrel are varied. The 49; J. Harris, personal communication, and temperature regulation. The burrow species has been found in a variety of as cited in the petition, p. 15). There used for the inactive season is dug vegetative communities including may be other natural predators of the specifically for that period (Recht 1977, Mojave Creosote Scrub, Desert Saltbush Mohave ground squirrel. p. 9). Scrub, Desert Sink Scrub, Desert Mortality is high for the Mohave Mohave ground squirrels exhibit a Greasewood Scrub, Shadscale Scrub, ground squirrel during the first year and behavior called natal dispersal. Upon and Joshua Tree (Yucca brevifolia) appears to be skewed toward males dispersing from the burrow where they Woodland (Gustafson 1993, pp. ix, 81). (Brylski et al. 1994, p. 64; Leitner and were born, some males will move and Creosote Bush Scrub is the vegetation Leitner 1998, p. 28). Mortality may also take up residence at least 1,009 meters community in which the Mohave be caused by extended periods of low (m) (3,280 feet (ft)) from the natal ground squirrel is most often found. amounts of fall and winter rainfall, burrow while females move a shorter Mohave ground squirrels usually which results in reduced availability of distance of 200 to 300 m (650 to 980 ft) inhabit flat to moderately sloping forage and water, and can increase from their natal burrows (Leitner and terrain. They prefer deep rather than vulnerability to disease. Leitner 1998, p. 34; Harris and Leitner shallow soils and gravelly soils rather Evaluation of Information for This 2005, p. 191). than sandy soils (Aardahl and Roush The home range of the Mohave Finding 1985, p. 23). Soil characteristics are ground squirrel varies among years and important as the Mohave ground Section 4 of the Act (16 U.S.C. 1533), between sexes during the mating season. squirrel constructs burrows for and implementing regulations at 50 CFR The mean home range is 0.74 ha (1.83 temperature regulation, predator 424, set forth the procedures for adding ac) for mating females and 6.73 ha species to, or removing a species from, (16.63 ac) for males. Outside the avoidance, and inactive season use. The food habits of the Mohave ground the Federal Lists of Endangered and breeding season, the mean home range Threatened Wildlife and Plants. A size is 1.20 ha (2.96 ac) for females and squirrel are diverse. Recht (1977, p. 80) called the Mohave ground squirrel a species may be determined to be an 1.24 ha (3.06 ac) for males (Harris and endangered or threatened species due to Leitner 2004, pp. 520-521). facultative specialist; its foraging strategy falls between that of a specialist one or more of the five factors described Population Demographics and a generalist. The Mohave ground in section 4(a)(1) of the Act: (A) The present or threatened destruction, The behavioral characteristics of the squirrel specializes in foraging on modification, or curtailment of its Mohave ground squirrel, as discussed certain plant species over short periods habitat or range; (B) overutilization for above, make it difficult to determine or of time. As the availability of forage commercial, recreational, scientific, or estimate population status and trends species changes throughout the active educational purposes; (C) disease or because the species spends much of the season, the Mohave ground squirrel predation; (D) the inadequacy of year underground and populations adapts its foraging strategy to maximize existing regulatory mechanisms; or (E) appear to be sensitive to both seasonal energy intake in a changing other natural or manmade factors and annual rainfall patterns. That is, in environment. Observations and fecal affecting its continued existence. dry years or dry fall seasons, analysis indicate that Mohave ground In making this 90–day finding, we reproduction during the following squirrels consume a variety of annual evaluated whether information on spring season may be unsuccessful and and perennial plants and arthropods threats to the Mohave ground squirrel, population size may contract (Leitner (Leitner and Leitner 1992, p. 12; as presented in the petition and other and Leitner 1998, pp. 29-31). Gustafson 1993, pp. 77-83). At one Survey results suggest that the study site, the leaves of three shrub information available in our files, is Mohave ground squirrel has a patchy species made up 60 percent of the substantial, thereby indicating that the distribution throughout its range (Hoyt Mohave ground squirrel diet based on petitioned action may be warranted. Our 1972, p. 7; Gustafson 1993, p. viii). Most fecal analysis (Leitner and Leitner 1998, evaluation of this information is reported information describes the p. 34). In a study by Leitner and Leitner presented below. number of animals trapped or number (1992) in the northern part of its range, A. The Present or Threatened trapped as compared to the trapping the Mohave ground squirrel was found Destruction, Modification, or effort. We are aware of only one location to consume leaves of annual and Curtailment of the Species’ Habitat or where information on population trend perennial plants, their fruits and seeds, Range was available (Leitner 2005, p. 3). In the fungi, and butterfly larvae. Mohave northwest portion of the range of the ground squirrels appear to exploit food Evaluation of Information Provided in Mohave ground squirrel, trapping sources that are available on an the Petition and Available in Service results are available for the Coso Range intermittent basis. They may also select Files within China Lake Naval Air Weapons particular food items over others The petitioners presented information Station (NAWS). The surveys span 1992 because of higher water content. Leitner regarding threats to the Mohave ground to 1996 and 2001 to 2005. The total and Leitner (1992, p. 25) concluded that squirrel from reduced range and habitat number of Mohave ground squirrels the Mohave ground squirrel is flexible destruction, including: urban and rural

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development on private and public by the petitioners as locations where squirrel.’’ Twenty-one of 22 study sites lands; agricultural development; Mohave ground squirrels have been surveyed were grazed by sheep or cattle military activities; livestock grazing; reliably captured over time, or where in varying degrees; the study site with transportation; energy development; and there are thriving populations. The the highest total adjusted captures of that the cumulative impacts of drought, petitioners stated that activities that Mohave ground squirrels showed habitat destruction, habitat result in the loss of habitat in these considerable signs of grazing (Aardahl fragmentation, and decrease in ‘‘core areas’’ or prevent dispersal among and Roush 1985, p. 23). The petitioners precipitation with climate change pose these ‘‘core areas’’ will impede and did not provide information, and we a threat greater than the drought eventually prohibit conservation of the have no information in our files, on the episodes to which the Mohave ground Mohave ground squirrel. extent or magnitude of the impacts of squirrel is adapted. Public land managed by the livestock grazing on the Mohave ground The range of the Mohave ground Department of Defense accounts for squirrel. squirrel is the smallest of all ground about 34.5 percent of the species’ squirrels in the United States. Based on current range. The petitioners stated Transportation information provided by the petitioners, that current military training at Fort The petitioners identified the the Mohave ground squirrel appears to Irwin threatens Mohave ground extensive network of highways and have been nearly extirpated from the squirrels by crushing animals, roads in the range of the Mohave ground southern portion of its range, which compacting and otherwise disturbing squirrel as a threat. The petitioners represents approximately 20 percent of soils, collapsing burrows, destroying claim impacts from highway and road its range (Leitner as cited in the petition, shrubs used for cover, and reducing establishment and vehicle use include p. 8). This assertion is based on the spring annual plants used by Mohave habitat loss, fragmentation, and results of surveys conducted for the ground squirrels for forage (Bury et al. degradation, and direct mortality from Mohave ground squirrel from 2002 to 1977, pp. 16, 18). According to the vehicle strikes (Gustafson 1993, pp. 23, 2004 (Leitner 2004 as cited in the petitioners, Fort Irwin’s training 26; BLM 2003, p. 30; Leitner as cited in petition, p. 17). The portion of the currently affects 7.4 percent of the range the petition, p. 22). The petitioners recently reduced range includes an area of the Mohave ground squirrel, and the stated that there is evidence of surface south of State Highway 58 in the proposed expansion of Fort Irwin will disturbance to roadsides up to 400 m Palmdale-Lancaster area and the affect additional lands within the range (1,312 ft) away from the road, and that Victorville to Lucerne Valley area. of the Mohave ground squirrel and will 37 percent of transects conducted by the fragment one of the four Mohave ground BLM in the West Mojave Desert were Private Lands squirrel ‘‘core areas’’ as identified by the bisected by roads. The petitioners On private lands, which comprise petitioners. calculated that the total area of the about 31 percent of the current range of Additionally, 2.7 percent of the network of roads and highways affected the Mohave ground squirrel, the current range of the Mohave ground 65,964 ha (163,000 ac) or 3.3 percent of petitioners claim 2.8 percent of the squirrel occurs on other public the range of the Mohave ground range of the Mohave ground squirrel has ‘protected lands’ (see petition, p. 40) squirrel. The petitioners provided been lost to urban and rural including; federally designated additional information that impacts development and approximately 2 wilderness areas, State park land, from roads on the desert tortoise have percent (37,000 ha (92,000 ac)) to California Department of Fish and Game been documented more than 3,962 m agricultural fields. The information on land, and the Desert Tortoise Natural (13,000 ft) from the highest level traffic impacts to the Mohave ground squirrel Area. road (Hoff and Marlow 2002, p. 454) from agricultural development was and that similar impacts likely occur to Livestock Grazing derived from Hoyt (1972, p. 8), Aardahl the Mohave ground squirrel. and Roush (1985, p. 2), and Gustafson The petitioners stated that livestock We do not agree that impacts to the (1993, pp. 23-24). The petitioners also grazing has the potential to degrade desert tortoise from roads that have been stated that they have no updated data to Mohave ground squirrel habitat through measured more than 3,962 m (13,000 ft) quantify the extent or intensity of this changes in soil structure, including from the highest traffic roads are the threat. We have no information in our accelerated erosion and collapsing same as those to the Mohave ground files to dispute the figures presented by burrows, changes in vegetative squirrel. The Hoff and Marlow study the petitioners; however, we currently structure, reduced availability of native (2002, p. 454) reported on the do not have information to determine forage species (Laabs 2002, p. 5; abundance of desert tortoise sign at whether a 2.8 percent loss to urban and Campbell 1988, pp. 569, 574), and direct intervals from roads. This study was rural development and a 2 percent loss competition with Mohave ground specific to the desert tortoise. It did not to agricultural development is squirrels for limited quality and examine the effects of roads on the biologically significant to the Mohave quantity of forage (Leitner and Leitner Mohave ground squirrel. Therefore, any ground squirrel. 1998; pp. 29, A6, A7, A15, and A23). application of the results from this According to the petitioners’ GIS research to the Mohave ground squirrel Public Lands analysis, 27 percent of the range of the is inferred and is not supported by the Public lands managed by the Bureau Mohave ground squirrel has been data. However, we agree with the of Land Management (BLM) account for impacted by livestock grazing. petitioners that roads and highways about 31.8 percent of the species’ range. Aardahl and Roush (1985, p. 23), as result in direct mortality to Mohave The petitioners stated that BLM’s land cited in the petition, stated that ‘‘land grounds squirrels from vehicle management plan for the West Mojave uses which affect the availability of collisions and habitat loss and Desert (West Mojave Plan) would allow forbs and grasses have the potential to degradation. new development throughout much of influence the long-term population of the range of the Mohave ground squirrel the Mohave ground squirrel,’’ but this Energy Development and would not protect the four Mohave does not ‘‘mean that properly managed According to the petitioners, ground squirrel ‘‘core areas’’ (see livestock grazing will cause a significant geothermal exploration and petition, p. 17). ‘‘Core areas’’ are defined negative impact on the Mohave ground development and the construction of

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solar energy plants in the range of the range and habitat destruction, commercial, recreational, scientific, or Mohave ground squirrel have caused, including: urban and rural development educational purposes. Additionally, we and will likely cause, adverse impacts to on private and public lands; agricultural do not have substantial information in the Mohave ground squirrel and loss or development; military activities; our files to suggest that overutilization degradation of habitat (Leitner and livestock grazing; transportation; and for commercial, recreational, scientific, Leitner 1989, p. 2). The petitioners did energy development. We found the or educational purposes may threaten not quantify the amount of habitat petition and information in our files the Mohave ground squirrel. However, affected. We acknowledge that energy presents substantial information that we will evaluate all factors, including development for geothermal and solar these activities may have contributed to threats from overutilization for energy has occurred within the range of a recent range contraction in the commercial, recreational, scientific, or the Mohave ground squirrel and that southern portion of the Mohave ground educational purposes, when we conduct this development can result in the squirrel’s range, and may threaten the our status review. degradation or loss of habitat used by Mohave ground squirrel across its the Mohave ground squirrel. The current range by removing shrubs C. Disease or Predation petitioners do not provide information, needed for cover and forage, disturbing Evaluation of Information Provided in and we do not have information in our soil, or removing or degrading other the Petition and Available in Service files, on the extent of this loss or habitat features necessary for Mohave Files degradation and how it will affect the ground squirrel life history The petitioners did not provide conservation of the Mohave ground requirements. Additionally, one or more information or list any threat to the squirrel. of these activities may threaten what the petitioners identify as ‘‘core areas’’ for Mohave ground squirrel from disease, Cumulative Impacts of Habitat the Mohave ground squirrel by and we do not have information in our Destruction, Fragmentation, and removing habitat, fragmenting the files regarding potential threats to this Decreased Precipitation habitat, and preventing dispersal among species due to disease. The petitioners provided information the ‘‘core areas.’’ However, we The petitioners stated that there is that indicates the reproduction and determined the petition does not little documentation of the Mohave survival of the Mohave ground squirrel present substantial information ground squirrel’s natural predators, but is ultimately linked to rainfall (Harris indicating that climate change may be a claimed that predation by coyotes, and Leitner 2004, pp. 517, 518). Mohave threat to the species. Additionally, common ravens, house cats, domestic ground squirrels may fail to persist in information on the subject of climate dogs, and feral dogs is a concern. certain areas during drought episodes change in our files is not specific to the Although the petitioners stated that cats (Leitner and Leitner 1998, p. 31). The Mohave ground squirrel. We will prey on small mammals and dogs dig up petitioners assert the cumulative evaluate the effects of climate change, rodent burrows, they did not present impacts of habitat destruction, habitat including reduced precipitation and any any information on the level of fragmentation, and overall decrease in cumulative effects of habitat mortality or population impacts from precipitation due to climate change are fragmentation or loss on the Mohave predation for Mohave ground squirrels, a greater threat to the Mohave ground ground squirrel, when we conduct our any other ground squirrel species, or squirrel than the periods of low rainfall status review. any small mammal species. The and drought episodes with which the On the basis of our evaluation of the petitioners noted that the numbers of Mohave ground squirrel evolved. information in the petition and common ravens and coyotes, known Based on information from the information in our files, we determined predators of the Mohave ground Intergovernmental Panel on Climate that the petition presents substantial squirrel, have increased, posing an Change (Watson et al. 2002, pp. 8, 9), we information indicating that listing the increased predation risk to Mohave acknowledge temperatures in southern Mohave ground squirrel as endangered ground squirrel populations. However, California are likely to increase and may be warranted due to destruction, there is no information provided that precipitation is likely to decrease in the modification, or curtailment of the the numbers of cats, dogs, common future. With hotter, drier conditions and species’ habitat or range. ravens, or coyotes have increased in the more extreme weather patterns in range of the Mohave ground squirrel, southern California than those with B. Overutilization for Commercial, and there is no evidence to indicate that which the Mohave ground squirrel Recreational, Scientific, or Educational there is increased predation by these evolved, the species may be negatively Purposes predators on the Mohave ground affected. However, we believe that The petitioners did not provide squirrel. We do not have information in climate change models that are information or list any threats to the our files to indicate that predation is a currently available are not yet capable of Mohave ground squirrel from threat to the survival of the Mohave making meaningful predictions of overutilization for commercial, ground squirrel. climate change for specific, local areas recreational, or educational purposes. Summary of Factor C such as the range of the Mohave ground The petitioners stated that the squirrel (Parmesan and Matthews 2005, utilization of the Mohave ground On the basis of our evaluation, we p. 354). We are not currently aware of squirrel for scientific purposes is strictly determined that the petition does not models that predict how climate in the controlled by the California Department present substantial information range of the Mohave ground squirrel of Fish and Game. indicating that listing the Mohave will change, and we do not know how ground squirrel as endangered may be Summary of Factor B any change may alter the range of, or warranted due to disease or predation. otherwise threaten, the species. On the basis of our evaluation, we Additionally, we do not have determined that the petition does not substantial information in our files to Summary of Factor A present substantial information suggest that disease or predation In summary, the petitioners presented indicating that listing the Mohave threaten the Mohave ground squirrel. information regarding threats to the ground squirrel as endangered may be However, we will evaluate all factors, Mohave ground squirrel from reduced warranted due to the overutilization for including threats from disease and

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predation, when we conduct our status E. Other Natural or Manmade Factors decreased precipitation (Factor A); review. Affecting the Species’ Continued predation (Factor C); the lack of Existence regulatory mechanisms protecting the D. The Inadequacy of Existing species and its habitat (Factor D); and Evaluation of Information Provided in Regulatory Mechanisms pesticide use (Factor E). the Petition and Available in Service On the basis of our evaluation under Evaluation of Information Provided in Files the Petition and Available in Service section 4(b)(3)(A) of the Act, we have The petitioners stated that pesticide determined that the petition presents Files use may adversely affect the Mohave substantial scientific or commercial The petitioners stated that current ground squirrel. According to the information indicating that listing the regulations have proven inadequate to petitioners, Mohave ground squirrels Mohave ground squirrel as endangered conserve the Mohave ground squirrel; live in native vegetative communities may be warranted. This finding is based that only 9 percent of the range of the adjacent to agricultural fields and other on information provided by the areas where rodenticides are used. Mohave ground squirrel has any kind of petitioners and in our files for Factor A. Mohave ground squirrels use these areas protected status; and that, although the In particular, there is substantial for forage and shelter. The petitioners information to indicate habitat based Mohave ground squirrel is a State-listed claim that if rodenticides are used on threats under Factor A may remove species, this listing provides no agricultural fields, Mohave ground shrubs needed for cover and forage, conservation assurances for the Mohave squirrels could be adversely affected, or disturb soil, or remove or degrade other ground squirrel on Federal lands. they could be exterminated by the State habitat features necessary for Mohave The California Endangered Species Rodent Program. In the early part of the ground squirrel life history Act provides protection for the Mohave 20th century, the Los Angeles requirements across its current range. ground squirrel on private and State- Agricultural Commission used poison The information provided by the owned land, and on Federal lands in grain to target and eliminate ground petitioners and in our files for Factors relation to activities carried out by non- squirrels in the Antelope Valley, which B, C, D, and E was not substantial. In Federal entities that are required to includes the historical range of the considering what factors might obtain a State permit or authorization. Mohave ground squirrel. constitute threats, we must look beyond Although we are aware that the mere exposure of the species to the The major military installations rodenticides, such as those that include factor to determine whether the species within the range of the Mohave ground strychnine as the active ingredient, may responds to the factor in a way that squirrel have implemented Integrated be used to kill ground squirrels, there is causes actual impacts to the species. If Natural Resources Management Plans no information in the petition or our there is exposure to a factor, but no that cover the Mohave ground squirrel files to indicate that rodenticides are response, or only a positive response, and implement actions to manage for used to specifically target Mohave that factor is not a threat. If there is the species. In their management plan ground squirrels or that any exposure and the species responds for the West Mojave Desert, the BLM rodenticides currently used within the negatively, the factor may be a threat considers the Mohave ground squirrel range of the Mohave ground squirrel are and we then attempt to determine how an umbrella species, a species whose adversely affecting the status of this significant a threat it is. If the threat is habitat requirements include those of species. significant, it may drive or contribute to the risk of extinction of the species such many other species and whose Summary of Factor E conservation should automatically that the species may warrant listing as conserve a host of other species. BLM On the basis of our evaluation, we threatened or endangered as those terms has implemented a plan that establishes determined that the petition does not are defined by the Act. This does not present substantial information a Mohave ground squirrel Conservation necessarily require empirical proof of a indicating that listing the Mohave Area that contains 35 percent of the threat. The combination of exposure and ground squirrel as endangered may be some corroborating evidence of how the species’ historical range on BLM land. warranted due to other natural or species is likely impacted could suffice. Summary of Factor D manmade factors affecting its continued The mere identification of factors that existence. Additionally, we do not have could impact a species negatively may On the basis of our evaluation, we substantial information in our files to not be sufficient to compel a finding determined that the petition does not suggest that other natural or manmade that listing may be warranted. The present substantial information factors threaten the Mohave ground information shall contain evidence indicating that listing the Mohave squirrel. However, we will evaluate all sufficient to suggest that these factors ground squirrel as endangered may be factors, including threats from other may be operative threats that act on the warranted due to the inadequacy of natural or manmade factors affecting its species to the point that the species may existing regulatory mechanisms. continued existence, when we conduct meet the definition of threatened or Additionally, we do not have our status review. endangered under the Act. Because we have found that the substantial information in our files to Finding suggest that existing regulatory petition presents substantial The petition and supporting mechanisms are inadequate and thus information that listing the Mohave information have identified numerous threaten the Mohave ground squirrel. ground squirrel may be warranted, we factors affecting the Mohave ground are initiating a status review to However, we will evaluate all factors, squirrel, including: reduced range, determine whether listing the Mohave including threats from the inadequacy urban and rural development, ground squirrel under the Act is of existing regulatory mechanisms, agricultural development, military warranted. We will issue a 12–month when we conduct our status review. activities, livestock grazing, finding as to whether the petitioned transportation and energy development, action is warranted. and cumulative impacts of habitat The ‘‘substantial information’’ destruction, fragmentation, and standard for a 90–day finding differs

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from the Act’s ‘‘best scientific and ACTION: Proposed rule; request for Electronic copies of the Categorical commercial data’’ standard that applies comments. Exclusion, the Regulatory Impact to a status review to determine whether Review, and the Initial Regulatory a petitioned action is warranted. A 90– SUMMARY: NMFS proposes regulations to Flexibility Analysis prepared for this day finding does not constitute a status amend the recordkeeping and reporting action may be obtained from http:// review under the Act. In a 12–month requirements for the Pacific halibut www.regulations.gov or from the Alaska finding, we will determine whether a guided sport fishery in International Region website at http:// petitioned action is warranted after we Pacific Halibut Commission Regulatory alaskafisheries.noaa.gov. have completed a thorough status Area 2C (Southeast Alaska) and Area 3A Written comments regarding the review of the species, which is (Central Gulf of Alaska). If approved, burden-hour estimates or other aspects conducted following a substantial 90– these regulations would revise federal of the collection of information day finding. Because the Act’s standards requirements regarding the location and requirements contained in this rule may for 90–day and 12–month findings are time period for submission of Alaska be submitted to NMFS at the above Department of Fish and Game Saltwater different, as described above, a address, e-mailed to Sport Fishing Charter Trip Logbook data substantial 90–day finding does not [email protected] or faxed sheets and modify logbook recording mean that the 12–month finding will to (202) 395–7285. result in a warranted finding. requirements. This action is necessary because NMFS relies on the state FOR FURTHER INFORMATION CONTACT: The petitioners also requested that we Gabrielle Aberle, (907) 586–7228. designate critical habitat for the Mohave logbook data for managing halibut and ground squirrel. If we determine in our to improve consistency between federal SUPPLEMENTARY INFORMATION: 12–month finding that listing the and State of Alaska requirements for the Background and Need for Action Mohave ground squirrel is warranted, submission of the logbook data sheets The International Pacific Halibut we will address the designation of and the logbook reporting format. This Commission (IPHC) and National critical habitat at the time of the action is intended to achieve the halibut Marine Fisheries Service (NMFS) proposed rulemaking. fishery management goals of the North Pacific Fishery Management Council manage fishing for Pacific halibut References Cited and to support the conservation and (Hippoglossus stenolepis) through A complete list of all references cited management provisions of the Northern regulations established under authority is available on the Internet at http:// Pacific Halibut Act of 1982. of the Northern Pacific Halibut Act of www.regulations.gov and upon request DATES: Comments must be received no 1982 (Halibut Act). The IPHC from the Ventura Fish and Wildlife later than May 12, 2010. promulgates regulations governing the Pacific halibut fishery under the Office (see FOR FURTHER INFORMATION ADDRESSES: Send comments to Sue Convention between the United States CONTACT section above). Salveson, Assistant Regional and Canada for the Preservation of the Administrator, Sustainable Fisheries Author Halibut Fishery of the North Pacific Division, Alaska Region, NMFS, Attn: Ocean and Bering Sea (Convention), The primary authors of this notice are Ellen Sebastian. You may submit signed at Ottawa, Ontario, on March 2, staff members of the Ventura Fish and comments, identified by RIN 0648– Wildlife Office (see FOR FURTHER 1953, as amended by a Protocol AY38, by any one of the following INFORMATION CONTACT section above). Amending the Convention (signed at methods: Washington, D.C., on March 29, 1979). Authority • Electronic Submissions: Submit all Regulations developed by the IPHC The authority for this action is the electronic public comments via the Federal eRulemaking Portal: http:// are subject to approval by the Secretary Endangered Species Act of 1973, as of State with concurrence of the amended (16 U.S.C. 1531 et seq.). www.regulations.gov; • Mail: P.O. Box 21668, Juneau, AK Secretary of Commerce (Secretary). Dated: April 12, 2010 99802; After approval by the Secretary of State Signed: Daniel M. Ashe • Fax: (907) 586–7557; or and the Secretary, the IPHC regulations Deputy Director, U.S. Fish and Wildlife • Hand delivery to the Federal are published in the Federal Register as Service Building: 709 West 9th Street, Room annual management measures pursuant [FR Doc. 2010–9377 Filed 4–26–10; 8:45 am] 420A, Juneau, AK. to 50 CFR 300.62. The current IPHC BILLING CODE 4310–55–S All comments received are a part of annual management measures were the public record. No comments will be published on March 19, 2009 (74 FR posted to http://www.regulations.gov for 11681). IPHC regulations affecting sport DEPARTMENT OF COMMERCE public viewing until after the comment fishing for halibut and charter vessels in period has closed. Comments will Areas 2C (Southeast Alaska) and 3A National Oceanic and Atmospheric generally be posted without change. All (Central Gulf of Alaska) may be found Administration Personal Identifying Information (for in sections 3, 25, and 28 (74 FR 11681; example, name, address) voluntarily March 19, 2009). 50 CFR Part 300 submitted by the commenter may be The Halibut Act also provides [Docket No. 0911201413–0182–01] publicly accessible. Do not submit regulatory authority to the Secretary and Confidential Business Information or the North Pacific Fishery Management RIN 0648–AY38 otherwise sensitive or protected Council (Council). The Secretary, under 16 U.S.C. 773c(a) and (b), has the Pacific Halibut Fisheries; Guided Sport information. NMFS will accept anonymous general responsibility to carry out the Charter Vessel Fishery for Halibut; comments (enter N/A in the required Convention and the Halibut Act. In Recordkeeping and Reporting fields, if you wish to remain adopting regulations that may be AGENCY: National Marine Fisheries anonymous). You may submit necessary to carry out the purposes and Service (NMFS), National Oceanic and attachments to electronic comments in objectives of the Convention and the Atmospheric Administration (NOAA), Microsoft Word, Excel, WordPerfect, or Halibut Act, the Secretary is directed to Commerce. Adobe PDF file formats only. consult with the Secretary of the

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department in which the U.S. Coast limited entry in Areas 2C and 3A, and the calendar year, fall a week after the Guard is operating. Under 16 U.S.C. a catch sharing plan. This information closing date of each fishing week and, 773c(c), the Council may develop includes data gathered from the ADF&G thus, 14 days after the start of each halibut fishery regulations, for its charter vessel logbook program. fishing week. The one exception is a geographic area of concern, that apply to The ADF&G Division of Sport Fish mid-April deadline for fishing trips U.S. nationals or vessels. Such an action initiated the mandatory charter vessel conducted before a date in early April. by the Council is limited to regulations logbook program in 1998. The logbook The proposed action would revise the that are in addition to, and not in program is based on Alaska Board of submission location and time period for conflict with, IPHC regulations. Fisheries regulations requiring logbook logbook data sheets, and it would Council-developed regulations may be reporting and annual registration of remove the requirement to submit data implemented by NMFS only after sport fishing guides and businesses. The sheets to the ADF&G office on Raspberry approval by the Secretary. Using its logbook program was developed to Road and change ‘‘postmarked’’ to authority under the Halibut Act, the collect information on actual ‘‘postmarked or received’’ to mirror State Council is developing a regulatory participation and harvest by individual regulations that allow data sheets to be program to manage the guided sport charter vessels and businesses in mailed or delivered to any ADF&G charter vessel fishery for halibut. One various regions of the State. office. The submission deadline for a step in the development of that program Under the logbook program, ADF&G charter vessel fishing trip ending April was the implementation of a one-halibut charter logbooks are issued to licensed 5 through December 31, during which daily bag limit on charter vessel anglers sport fishing businesses. Each logbook halibut were retained, would be in IPHC Area 2C in order to limit their contains pages on which to record data, extended from 7 to 14 days after the end overall harvest to approximately the along with detailed instructions, of the trip. The submission deadline for established guideline harvest level (74 including an example of a completed data sheets for a charter vessel fishing FR 21194; May 6, 2009). logbook page. The pages are perforated trip ending February 1 through April 4, The final regulations implementing to allow a copy of each page to be during which halibut were retained, the one-halibut daily bag limit program detached from the logbook and would be submitted no later than April include recordkeeping and reporting submitted to the ADF&G. Each data 12. measures codified at 50 CFR 300.65 that sheet is pre-printed with the ADF&G The remaining proposed revisions are require the submission of Alaska mailing address; however, the data necessary due to recent changes by the Department of Fish and Game (ADF&G) sheets can be submitted to any regional State to the ADF&G charter logbook data Saltwater Sport Fishing Charter Trip or area ADF&G office. The instructions sheet format. These proposed revisions Logbook (charter logbook) data sheets provide requirements and deadlines for would eliminate potential confusion for halibut charter vessels operating in submission. A schedule of charter that could arise from inconsistent IPHC Areas 2C and 3A (74 FR 21194; logbook data sheet due dates is printed reporting requirements. May 6, 2009). The proposed action inside the front cover of each logbook. The signature requirement at would revise these recordkeeping and Federal regulations at 50 CFR § 300.65(d)(2)(iv)(A) for charter vessel reporting measures to (1) improve 300.65(d) require charter vessels anglers who retain halibut caught in consistency between federal regulations operating in IPHC Areas 2C and 3A-and IPHC Area 2C would be revised. and State of Alaska (State) logbook catching and retaining halibut-to Currently, the charter vessel angler is instructions for the submission of the complete and submit ADF&G charter required to sign the back of the ADF&G data sheets, and (2) address recent State logbook data sheets. Four minor charter logbook data sheet on the line changes to the charter logbook reporting modifications to federal regulations are number that corresponds to the angler’s format. This proposed action is necessary to improve consistency information on the front of the data administrative in nature, would revise between the regulations and the logbook sheet. State revisions to the data sheet the recordkeeping and reporting burden instructions and to respond to recent format moved the signature line from on guided charter operators in IPHC revisions to the logbook reporting the back of the sheet to the front, Areas 2C and 3A, would reduce format by the State. beneath the line for the angler’s name. The proposed action would remove the potential confusion by the regulated Proposed Changes to 50 CFR 300.65 public, and would facilitate efficient direction to sign the back of the data reporting of halibut caught and retained The first proposed revision would sheet and instruct the charter vessel in these areas. amend the logbook submission angler to sign the data sheet on the line Halibut management in U.S. requirements at § 300.65(d)(1)(i) to that corresponds to the angler’s Convention waters, which include State improve federal consistency with State information. and federal waters, is an international requirements. Currently, the federal Section 300.65(d)(2)(iv)(B)(1), which and federal responsibility under the regulation requires submission of the requires the charter vessel guide to Convention and the Halibut Act. To ADF&G charter logbook data sheets to record the sport fishing operator manage halibut effectively, international the ADF&G Division of Sport Fish at 333 business license number on the ADF&G and federal managers need information Raspberry Road in Anchorage, AK, and charter logbook data sheet, would be on halibut fishing effort and harvest by postmarked no more than seven days removed. State revisions to the data the guided sport charter sector of the after the end of a charter vessel fishing sheet eliminated the line for this license fishery. To avoid duplicative surveys of, trip. The location and time frame for number. The revised logbook, however, and reporting by, industry, NMFS submitting data sheets are more retained the line for this number on the depends on data gathered by the State restrictive than the State requirements, sign-out sheet. through its ongoing surveys of sport which are printed in the logbook Regulations that instruct how to mark charter fishermen. This information has instructions and allow data sheets to be the IPHC regulatory area fished on the been used by the IPHC to set annual received by any regional or area ADF&G ADF&G charter logbook data sheet catch limits, and by the Council and office with deadlines based on a would either be amended or suspended. NMFS to evaluate the potential effects schedule of specific dates for fishing For IPHC Regulatory Areas 2C and 3A, of alternative restrictions on Area 2C trips completed during any given week. the current regulations at guided sport harvests, charter vessel These dates, which vary depending on § 300.65(d)(2)(iv)(B)(4) and

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§ 300.65(d)(3), respectively, specify that Area 3A, and the primary statistical area IRFA are available from NMFS (see the charter vessel guides must circle the in Area 3A where the halibut were ADDRESSES). regulatory area where halibut were caught and retained. The description of the proposed caught and retained during each charter Second, if the updated charter action, its purpose, and its legal basis vessel fishing trip. This reflected logbook maps are not available to are described in the preamble and are previous logbook instructions that charter vessel operators before the not repeated in this Classification required charter vessel guides to circle Secretary makes a decision to approve section. A summary of the RIR/IRFA the IPHC regulatory area fished, if the final rule for this action and it is follows. halibut were kept, and to record the published, then, under the proposed primary ADF&G statistical area where The objectives of the proposed rule action, § 300.65(d)(2)(iv)(B)(4) and are to (1) improve consistency between most bottomfish were caught. State § 300.65(d)(3) would be suspended. revisions to the charter logbook data federal and State requirements for the These regulations would be amended submission of the ADF&G charter sheet eliminated the regulatory areas to after the maps are updated. be circled. The new State format, logbook data sheets, and (2) address however, retained the instruction to Classification recent State changes to the logbook reporting format. This action will only record the primary statistical area. Regulations governing the U.S. Since the State requires the primary affect halibut charters operating in IPHC fisheries for Pacific halibut are Area 2C and Area 3A. statistical area to be recorded on the developed by the IPHC, the Pacific charter logbook data sheet, NMFS relies Fishery Management Council, the The changes would bring consistency on the State to revise the statistical areas Council, and the Secretary. Section 5 of to State and federal requirements and along the boundary between IPHC the Northern Pacific Halibut Act of 1982 are expected to impose de minimus Regulatory Areas 2C and 3A so that the (Halibut Act, 16 U.S.C. 773c) allows the costs. The only substantive change (i.e., regulatory area where halibut were Regional Council having authority for a modification of regulatory limits on caught and retained can be identified. particular geographical area to develop directly regulated entities) revises The boundary currently crosses regulations governing the allocation and requirements on the location and time multiple statistical areas; consequently, catch of halibut in U.S. Convention frame for submission of logbook data these statistical areas encompass waters as long as those regulations do sheets, following charter vessel fishing portions of both regulatory areas. The not conflict with IPHC regulations. This trips during which halibut were caught State is revising the statistical areas action is consistent with the Council’s and retained. along the segment of this boundary authority to allocate halibut catches Based on State logbook data, NMFS covered by the ADF&G charter logbook among fishery participants in the waters estimates that 404 business entities maps. Each new or modified statistical in and off Alaska. would be directly regulated by this area will be specific to either IPHC Area action in Area 2C, and that 450 business 2C or Area 3A. ADF&G will update all Executive Order 12866 entities would be directly regulated by Southeast Alaska charter logbook maps this action in Area 3A. The Secretary that include this boundary to show the This proposed rule has been has published a final rule that will new and modified statistical areas. determined to be not significant for the NMFS is requesting public comment purposes of Executive Order 12866. implement limited entry in the Pacific halibut guided sport charter fisheries in on two options. First, if the updated Regulatory Flexibility Act charter logbook maps are available to Areas 2C and 3A. NMFS expects that charter vessel operators before the NMFS prepared an initial regulatory when the limited entry program is fully Secretary makes a decision to approve impact review (RIR) and regulatory implemented in 2011, the number of the final rule for this action and it is flexibility analysis (IRFA) for this business entities directly regulated by published, then, under the proposed action. The RIR assesses all costs and this action would be 231 in Area 2C and action, § 300.65(d)(2)(iv)(B)(4) and benefits of available regulatory 296 in Area 3A. § 300.65(d)(3) would be removed, and a alternatives and describes the potential The largest of these business entities, new paragraph would be added at size, distribution, and magnitude of the which are lodges, may be large entities § 300.65(d)(1)(iii) that describes how to expected economic impacts of this under Small Business Act (SBA) record halibut caught and retained in action. The IRFA, required by section standards, but that determination IPHC Regulatory Areas 2C and 3A. This 603 of the Regulatory Flexibility Act cannot be empirically confirmed at paragraph would require the charter (RFA), describes the reasons why this present. All the other charter operations vessel guide to record on the charter action is being proposed; describes the would likely be considered small vessel logbook data sheets the primary objectives of, and legal basis for, the entities, based on SBA criteria, since ADF&G statistical area where halibut proposed rule; describes and estimates they are believed to have gross revenues were caught and retained. If halibut the number of small entities to which of less than $7.0 million on an annual were caught and retained in IPHC the proposed rule would apply; basis, from all sources, including Regulatory Area 2C and Area 3A during describes any projected reporting, affiliates. recordkeeping, or other compliance the same charter vessel fishing trip, then The analysis did not identify any new requirements of the proposed rule; and a separate data sheet must be used to ‘‘projected reporting, recordkeeping and identifies any overlapping, duplicative, record halibut caught and retained in other compliance requirements’’ or conflicting federal rules. The IRFA each regulatory area. For example, on associated with the proposed regulatory also describes any significant one data sheet, the charter vessel guide changes. would record the halibut caught and alternatives to the proposed rule that retained in IPHC Area 2C, and the accomplish the stated objectives of the This analysis did not reveal any primary statistical area in Area 2C Magnuson-Stevens Act and any other federal rules that duplicate, overlap, or where the halibut were caught and applicable statutes, and that would conflict with the proposed action. retained. On a second data sheet, the minimize any significant adverse There is no alternative to the charter vessel guide would record the economic impact of the proposed rule proposed action with a smaller burden halibut caught and retained in IPHC on small entities. Copies of the RIR/ on directly regulated small entities.

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Collection of Information (d) Charter vessels in Area 2C and DEPARTMENT OF COMMERCE This rule contains a collection of Area 3A -(1) General requirements -(i) National Oceanic and Atmospheric information requirement subject to the Logbook submission. For a charter Paperwork Reduction Act (PRA) and vessel fishing trip ending April 5 Administration which has been approved by the Office through December 31, during which of Management and Budget (OMB) halibut were caught and retained, 50 CFR Part 648 under control number 0648–0575. The Alaska Department of Fish and Game [Docket No. 100107011–0168–01] public reporting burden for charter Saltwater Sport Fishing Charter Trip vessel guide respondents to fill out and Logbook data sheets must be submitted RIN 0648–AY43 submit logbook data sheets is estimated to the Alaska Department of Fish and to average four minutes per response. Game and postmarked or received no Fisheries of the Northeastern United The public reporting burden for charter more than 14 calendar days after the States; Atlantic Sea Scallop Fishery; Framework Adjustment 21 vessel anglers to sign the logbook is end of that trip. Logbook sheets for a estimated to be one minute per charter vessel fishing trip ending AGENCY: National Marine Fisheries response. These estimates include the February 1 through April 4, during Service (NMFS), National Oceanic and time required for reviewing instructions, which halibut were retained, must be Atmospheric Administration (NOAA), searching existing data sources, submitted to the Alaska Department of Commerce. gathering and maintaining the data Fish and Game and postmarked or needed, and completing and reviewing ACTION: Proposed rule; request for the collection of information. received no later than April 12. comments. Notwithstanding any other provision * * * * * SUMMARY: NMFS proposes regulations to of the law, no person is required to (iii) In the Alaska Department of Fish implement Framework Adjustment 21 respond to, nor shall any person be and Game (ADF&G) Saltwater Sport subject to a penalty for failure to comply (Framework 21) to the Atlantic Sea Fishing Charter Trip Logbook, record Scallop Fishery Management Plan with, a collection of information subject the primary ADF&G statistical area to the requirements of the PRA, unless (FMP), which was developed by the where halibut were caught and retained that collection of information displays a New England Fishery Management during each charter vessel fishing trip. currently valid OMB Control Number. Council (Council). Framework 21 If halibut were caught and retained in proposes the following management List of Subjects in 50 CFR Part 300 IPHC Regulatory Area 2C and Area 3A measures for the 2010 scallop fishery: Fisheries, Fishing, Reporting and during the same charter vessel fishing Total allowable catch (TAC); open area recordkeeping requirements. trip, then a separate logbook data sheet days-at-sea (DAS) and Sea Scallop Access Area (access area) trip Dated: April 22, 2010. must be used for each regulatory area to allocations; DAS adjustments if an Samuel D. Rauch III, record the halibut caught and retained within that regulatory area. access area yellowtail flounder Deputy Assistant Administrator for (yellowtail) TAC is caught; limited Regulatory Programs, National Marine (2) * * * access general category (LAGC) access Fisheries Service. (iv) * * * area trip allocations; management For the reasons set out in the measures to minimize impacts of preamble, 50 CFR part 300 is proposed (A) Charter vessel angler signature incidental take of sea turtles as required to be amended as follows: requirement. At the end of a charter vessel fishing trip, each charter vessel by the March 14, 2008, Atlantic Sea PART 300—INTERNATIONAL angler who retains halibut caught in Scallop Biological Opinion (Biological FISHERIES REGULATIONS Area 2C must acknowledge that his or Opinion); minor adjustments to the her information and the number of limited access general category (LAGC) 1. The authority citation for 50 CFR individual fishing quota (IFQ) program; part 300, subpart E, continues to read as halibut retained (kept) are recorded correctly by signing the Alaska and minor adjustments to the industry- follows: funded observer program. This action Department of Fish and Game Saltwater Authority: 16 U.S.C. 773–773k. also proposes changes to regulatory Sport Fishing Charter Trip Logbook data 2. In § 300.65: language to eliminate duplicative and sheet on the line that corresponds to the outdated text, and to clarify provisions a. Remove paragraphs (d)(2)(iv)(B)(1), angler’s information. (d)(2)(iv)(B)(4), and (d)(3); in the regulations that are currently b. Redesignate paragraphs (B) Charter vessel guide requirements. unclear. For each charter vessel fishing trip in (d)(2)(iv)(B)(2), (d)(2)(iv)(B)(3), DATES: Comments must be received by (d)(2)(iv)(B)(5), (d)(2)(iv)(B)(6), Area 2C, during which halibut were 5 p.m., local time, on May 12, 2010. caught and retained, the charter vessel (d)(2)(iv)(B)(7), and (d)(2)(iv)(B)(8), as ADDRESSES: An environmental guide must record the following (d)(2)(iv)(B)(1), (d)(2)(iv)(B)(2), assessment (EA) was prepared for information (see paragraphs (d)(2)(iv)(B)(3), (d)(2)(iv)(B)(4), Framework 21 that describes the (d)(2)(iv)(B)(5), and (d)(2)(iv)(B)(6), (d)(2)(iv)(B)(1) through (6) of this proposed action and other considered respectively; section) in the Alaska Department of alternatives and provides a thorough c. Revise paragraphs (d)(1)(i), Fish and Game Saltwater Sport Fishing analysis of the impacts of the proposed (d)(2)(iv)(A), and (d)(2)(iv)(B) Charter Trip Logbook: measures and alternatives. Copies of introductory text; and * * * * * d. Add paragraph (d)(1)(iii) to read as Framework 21, the EA, and the Initial [FR Doc. 2010–9737 Filed 4–26–10; 8:45 am] follows: Regulatory Flexibility Analysis (IRFA), BILLING CODE 3510–22–S are available upon request from Paul J. § 300.65 Catch sharing plan and domestic Howard, Executive Director, New management measures in waters in and off England Fishery Management Council, Alaska. 50 Water Street, Newburyport, MA * * * * * 01950.

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You may submit comments, identified of the re-authorized Magnuson-Stevens Full-time vessels would be allocated 38 by 0648–AY43, by any one of the Fishery Conservation and Management DAS; part-time vessels would be following methods: Act (Magnuson-Stevens Act) for the allocated 15 DAS; and occasional • Electronic Submissions: Submit all 2011 fishing year and beyond. vessels would be allocated 3 DAS. electronic public comments via the Framework 22 will be developed by the The proposed measures would be Federal eRulemaking Portal http:// Council to set the specifications for the implemented after the start of the www.regulations.gov. 2011 and 2012 fishing years. The fishing year (FY) on March 1, 2010. The • Fax: (978) 281–9135, Attn: Emily Council has reviewed the Framework 21 regulations that are currently in effect Bryant. proposed rule regulations as drafted by for FY 2010 (i.e., March 1, 2010, through • Mail: Patricia A. Kurkul, Regional NMFS and deemed them to be necessary February 28, 2011) are inconsistent with Administrator, NMFS, Northeast and appropriate as specified in section proposed Framework 21 specifications, Regional Office, 55 Great Republic 303(c) of the Magnuson-Stevens Act. so it is possible that scallop vessels Drive, Gloucester, MA 01930. Mark the The IFQ Program was implemented could exceed their DAS allocations outside of the envelope, ‘‘Comments on on March 1, 2010. As a result, limited during the interim period between Scallop Framework 21 Proposed Rule.’’ access scallop vessels, limited access March 1, 2010, and the implementation Instructions: No comments will be scallop vessels with LAGC IFQ permits, the proposed DAS. Therefore, this posted for public viewing until after the and LAGC IFQ vessels will receive 94.5 action specifies that any limited access comment period has closed. All percent, 0.5 percent, and 5 percent of open area DAS used in FY 2010 by a comments received are a part of the the allocated target TAC, respectively, vessel that is above the final FY 2010 public record and will generally be after accounting for applicable research allocation for that vessel would be posted to http://www.regulations.gov and observer set-asides. deducted from the vessel’s FY 2011 without change. All Personal Identifying Acceptable Biological Catch (ABC) and DAS allocation. Information (for example, name, TAC address, etc.) voluntarily submitted by Open Area DAS Adjustment if Access the commenter may be publicly The Magnuson-Stevens Act requires Area Yellowtail TAC Is Attained that an ABC be set in each fishery. The accessible. Do not submit Confidential Under the Northeast Multispecies Business Information or otherwise ABC is defined as a level of a stock’s annual catch, after accounting for the FMP, 10 percent of the Southern New sensitive or protected information. scientific uncertainty in the estimate of England (SNE) yellowtail TAC is NMFS will accept anonymous the catch level above which overfishing allocated to scallop vessels fishing in comments (enter N/A in the required would be occurring, as well as any other the Nantucket Lightship Access Area fields, if you wish to remain scientific uncertainty. The Council’s (NLAA). If the SNE yellowtail TAC is anonymous). You may submit Scientific and Statistical Committee caught, the NLAA would be closed to attachments to electronic comments in (SSC) recommended an ABC for the further scallop fishing for the remainder Microsoft Word, Excel, WordPerfect, or 2010 scallop fishery based on an F of of the fishing year. If a vessel has Adobe PDF file formats only. 0.284, which results in a TAC of unutilized trip(s) after the access area is FOR FURTHER INFORMATION CONTACT: 57,803,000 lb (26,219 mt) after closed due to reaching the yellowtail Emily Bryant, Fishery Policy Analyst, accounting for discards and incidental TAC, it would be allocated additional 978–281–9244; fax 978–281–9135. mortality. The calculation on which this open area DAS at a reduced rate. This SUPPLEMENTARY INFORMATION: ABC recommendation is based assumes trip/DAS conversion would apply only to full-time vessels, and to occasional or Background that mortality in the scallop fishery is spatially and temporarily uniform, and part-time vessels that have no other The Council adopted Framework 21 that all exploitable scallop biomass is available access areas in which to take on January 27, 2010, and submitted it to accessible to the fleet. However, due to their access area trip(s). Unused access NMFS on March 1, 2010, for review. various rotational and permanent area trip(s) would be converted to open Framework 21 was developed and closures, as well as area-based area DAS so that scallop fishing adopted by the Council in order to meet differences in F, a lower F target should mortality that would have resulted from the FMP’s objectives to prevent be set to prevent localized overfishing in the access area trip(s) would be overfishing and improve yield-per- areas that are accessible to the fleet. As equivalent to the scallop fishing recruit from the fishery. The FMP a result, the Council based the target mortality resulting from the open area requires biennial adjustments to ensure TAC on an F of 0.24. This results in a DAS allocation. Consequently, if the that the measures meet the fishing TAC of 47,278,000 lb (21,445 mt). NLAA is closed in FY 2010, each vessel mortality rate (F) and other goals of the After the deduction of the incidental with unutilized trip(s) would be FMP and achieve optimum yield (OY) target TAC (50,000 lb, 22.7 mt) allocated allocated a specific amount of from the scallop resource on a to vessels with LAGC incidental additional open area DAS according to continuing basis. This rule proposes permits, the remaining TAC is permit category. Full-time vessels Framework 21 measures as adopted by 47,228,000 lb (21,422 mt). This TAC is would be allocated 5.8 DAS per the Council and described in detail allocated into several components: unutilized trip in the NLAA. If part-time here. The 2010 fishing year began on Open area DAS; individual access area and occasional vessels have no available March 1, 2010, and Framework 21 trips for limited access vessels; IFQ access areas in which to take an unused specifies measures only for the 2010 allocations, including access area trip, they would be allocated 4.6 DAS fishing year. Due to late submission, allocations, to vessels with LAGC IFQ and 1.9 DAS, respectively. Although the measures will be implemented mid- permits; and research and observer set- Council did not specify this measure year. Amendment 15 to the FMP, asides. regarding occasional and part-time currently under development by the vessels in Framework 21, based on other Council, will identify and implement Open Area DAS Allocations Framework 21 measures adopted by the annual catch limits and accountability This action would implement the Council and the overall objectives of the measures to bring the FMP into following vessel-specific DAS FMP, NMFS proposes this measure compliance with the new requirements allocations for the 2010 fishing year: under the authority of section 305(d) of

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the Magnuson-Stevens Act, consistent allocated for the NLAA, so no trips into Delmarva, respectively. If general with scallop measures in previous years. that area could be taken until a final category vessels exceed the final If a vessel has unused compensation rule is effective for this action. number of allocated trips from the trip(s) from a previously broken trip(s) In addition, the current FY 2010 ETAA or Delmarva in FY 2010, the when the access area closes due to regulations provide part-time and number of excess trips would be reaching the yellowtail TAC, it would occasional vessels a higher possession deducted from the LAGC IFQ fleet be issued additional DAS in proportion limit than this action proposes, which access area trip allocation in FY 2011 in to the unharvested possession limit. For would be in effect during the interim the ETAA or Delmarva, respectively. example, if a full-time vessel had an period between March 1, 2010, and the Although the Council did not address unused 9,000-lb (4,082-kg) NLAA date that final measures for Framework this scenario for Delmarva in their compensation trip (half of the full 21 are in effect. The current regulations Framework 21 document, based on possession limit) at the time of a NLAA allow for a part-time vessel and other Framework 21 measures adopted yellowtail TAC closure, the vessel occasional vessel to land up to 18,000 by the Council and the overall would be allocated 2.9 DAS (half of the lb (8,165 kg) and 7,500 lb (3,402 kg) per objectives of the FMP, NMFS proposes 5.8 DAS that would be allocated for a access area trip, respectively, but this this measure under the authority of full NLAA trip). Although the Council would be reduced to 14,400 lb (6,532 section 305(d) of the Magnuson-Stevens did not specify this measure regarding kg) and 6,000 lb (2,722 kg) per access Act. broken trip compensation in Framework area trip, respectively. If a part-time or 4. Northern Gulf of Maine (NGOM) 21, based on other Framework 21 occasional vessel exceeds its final FY TACS. This action proposes a 70,000-lb measures adopted by the Council and 2010 possession limit, the overage will (31,751-kg) annual NGOM TAC for FY the overall objectives of the FMP, NMFS be deducted from that vessel’s FY 2011 2010. proposes this measure under the possession limit allocation. Although 5. Scallop Incidental Catch Target authority of section 305(d) of the the Council did not specify this measure TAC. This action proposes a 50,000-lb Magnuson-Stevens Act, consistent with regarding part-time and occasional (22,680-kg) scallop incidental catch scallop measures in previous years. vessel possession limit overages in target TAC for FY 2010 to account for Framework 21, based on other mortality from this component of the Limited Access Trip Allocations, and Framework 21 measures adopted by the fishery and to ensure that F targets are Possession Limits for Scallop Access Council and the overall objectives of the not exceeded. Areas FMP, NMFS proposes this measure Research Set-Aside (RSA) Allocations In FY 2010, full-time scallop vessels under the authority of section 305(d) of would be allocated one trip in the the Magnuson-Stevens Act. Two percent of each scallop access NLAA, two trips in the Elephant Trunk area quota and 2 percent of the DAS Access Area (ETAA), and one trip in the LAGC Measures allocation are set aside as the Scallop Delmarva Access Area (Delmarva). A 1. TAC for LAGC vessels with IFQ RSA to fund scallop research and to part-time scallop vessel would be permits. This action proposes a compensate participating vessels allocated two trips, which could be 2,326,700-lb (1,055-mt) annual TAC for through the sale of scallops harvested taken as follows: Two trips in the LAGC vessels with IFQ permits for FY under RSA quota. The FY 2010 RSA ETAA; one trip in the ETAA and one 2010. IFQ allocations would be access area allocations would be: trip in the NLAA; one trip in the ETAA calculated by applying each vessel’s IFQ NLAA—117,820 lb (53 mt); ETAA— and one trip in Delmarva; or one trip in contribution percentage to this TAC. 227,060 lb (103 mt); and Delmarva— NLAA and one trip in Delmarva. An 2. TAC for Limited Access Scallop 117,700 lb (53 mt). The FY 2010 RSA occasional vessel would be allocated Vessels with IFQ Permits. This action DAS allocations would be 269 DAS. one trip, which could be taken in any proposes a 232,670-lb (106-mt) annual Observer Set-Aside Allocations one open access area. The FY 2010 TAC for limited access scallop vessels limited access scallop possession limit with IFQ permits for FY 2010. IFQ One percent of each scallop access for access area trips would be 18,000 lb allocations would be calculated by area quota and 1 percent of the DAS (8,165 kg) for full-time vessels, 14,400 lb applying each vessel’s IFQ contribution allocation are set aside as part of the (6,532 kg) for part-time vessels, and percentage to this TAC. industry-funded observer program to 6,000 lb (2,723 kg) for occasional 3. LAGC IFQ Trip Allocations and help defray the cost of carrying an vessels. Possession Limits for Scallop Access observer. Scallop vessels on an observed Because the proposed measures Areas. The LAGC IFQ fishery would be DAS trip are charged a reduced DAS would be implemented after March 1, allocated 5 percent of the overall ETAA, rate, and scallop vessels on an observed 2010, and the regulations that are NLAA, and Delmarva TACs, resulting in access area trip are authorized to have currently in effect are inconsistent with a fleet-wide trip allocation of 1,377 trips an increased possession limit. The proposed specifications, it is possible in the ETAA and 714 trips in both the Regional Administrator has specified that scallop vessels could exceed their NLAA and in Delmarva. The areas the following compensation rate for the access area trip allocation during the would close to LAGC vessels when the start of FY 2010: Vessels carrying an interim period between March 1, 2010, Regional Administrator determines that observer will receive 180 lb (82 kg) of and the implementation of final the allocated number of trips have been scallops per day, or part of a day, in measures implementing Framework 21. taken in the respective areas. ETAA and Delmarva, and limited access For example, there are currently three Because this action would be DAS vessels will be compensated 0.10 ETAA trips allocated for full-time implemented mid-year, and the current DAS per DAS fished during observed scallop vessels, but only two trips are regulations are inconsistent with the open area trips (i.e., vessels will be proposed in this action. If a full-time proposed specifications, it is possible charged 0.90 DAS per DAS fished with vessel takes three trips into the ETAA that LAGC scallop vessels could exceed an observer onboard). The Regional during FY 2010, the vessel’s FY 2011 the final FY 2010 fleet-wide trip Administrator will review all available trip allocation would be reduced by one allocations in the ETAA and Delmarva. fishery information to determine if these trip to account for the FY 2010 overage. The current regulations allocate 1,964 rates should be adjusted in response to No access area trips are currently and 728 trips in the ETAA and the final Framework 21 measures. The

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2010 observer set-aside access area addition, because the ETAA and Biological Opinion in its Framework 21 allocations would be: NLAA—58,910 lb Delmarva are in the Mid-Atlantic, full- document, based on other Framework (27 mt); ETAA—113,530 lb (52 mt); and time limited access vessels would be 21 measures adopted by the Council and Delmarva—58,850 lb (27 mt). The FY restricted to taking two of the access the overall objectives of the FMP, NMFS 2010 DAS observer set-aside allocations area trips allocated to those areas during proposes this measure under the would be 135 DAS. the period June 15, 2010, through authority of section 305(d) of the Magnuson-Stevens Act. Reasonable and Prudent Measures August 31, 2010. The Council proposed this trip restriction measure with the Part-time and occasional vessels Under the Endangered Species Act, intention that there would be no change would not be affected by this trip each Federal agency is required to in the possession limit for trips taken restriction because they are not ensure its actions are not likely to during June 15, 2010, through August allocated more than two trips during the jeopardize the continued existence of 31, 2010, and that the broken trip entire fishing year. LAGC IFQ vessels any listed species or critical habitat. If provision would apply to all trips. In would not be affected by this trip. a Federal action is likely to adversely order to be consistent with the Council’s affect a listed species, formal Adjustments to the Industry-Funded rationale, and under the authority of Observer Program consultation is necessary. Five formal section 305(d) of the Magnuson-Stevens Section 7 consultations, with resulting Act, NMFS proposes that full-time The following measures were Biological Opinions, have been limited access vessels would be developed by the Council and are completed on the Atlantic sea scallop restricted to taking two of the access proposed to improve the administration fishery to date. All five have had the area trips allocated to those areas, or to of the industry-funded observer same conclusion: The continued maximum landings of 36,000 lb (16,329 program. 1. Limit the amount of observer authorization of the scallop fishery may kg) from those areas (i.e., the equivalent compensation LAGC IFQ vessels can adversely affect, but is not likely to of two access area trips). Compliance jeopardize the continued existence of possess per observed trip in access with the trip restriction would be areas. Currently, LAGC IFQ vessels are four sea turtles species (loggerhead, monitored by pounds landed during green, Kemp’s ridley, and leatherback). allowed to retain observer compensation June 15, 2010, through August 31, 2010, in the form of a daily possession limit, In the accompanying Incidental Take rather than trip declarations, which Statement of the Biological Opinions, as established by the Regional could result in landings that are less Administrator. In FY 2009, it was NMFS is required to identify and than the allowable trip possession limit. implement non-discretionary reasonable apparent that some LAGC vessels were The additional pounds allocated to and prudent measures (RPMs) necessary extending the length of their observed vessels with on-board observers during or appropriate to minimize the impacts trips into access areas in order to land trips taken within this time period of any incidental take, as well as Terms additional scallops. This resulted in would not count towards this 36,000-lb and Conditions (T/C) for implementing observer compensation in excess of the (16,329-kg) limit. If a vessel fishes any each RPM. RPMs and T/C cannot alter amount necessary to pay for the part of an access area trip in the ETAA the basic design, location, scope, observer costs for these trips. This was or Delmarva during this time period duration, or timing of the action and one factor that resulted in the full (i.e., starts a trip on June 13, 2010, and may involve only minor changes. harvest of the observer set-aside in FY Five RPMs and T/Cs were identified ends the trip on June 15, 2010), landings 2009. in the most recent Biological Opinion, from that trip would count towards the To account for this unintended result, as amended February 5, 2009. two-trip limit. this action proposes that the possession Framework 21 includes management In addition, compensation trips may limit to defray the cost of an observer for measures to comply with the first of not be combined during this time period LAGC IFQ vessels fishing in access these RPMs, which required a limit of in a way that would allow more than areas would be specified by trip, not by fishing effort in the Mid-Atlantic during 36,000 lb (16,329 kg) to be landed from fishing day. For example, if the limited times when sea turtle distribution is the ETAA or Delmarva from June 15, access vessel daily possession limit to expected to overlap with scallop fishing 2010, through August 31, 2010. For defray the cost of an observer is 180 lb activity. The Biological Opinion example, a full-time vessel is allocated (82 kg), the LAGC IFQ possession limit required that this restriction on fishing three total trips into the Mid-Atlantic would be 180 lb (82 kg) per observed effort must be in place no later than FY access areas. If that vessel declared and trip. In this scenario, an LAGC IFQ 2010 and shall be limited to a level that subsequently broke one of the three vessel with an onboard observer would will not result in more than a minor trips into Mid-Atlantic access areas be able to land up to 580 lb (263 kg), the impact on the fishery. prior to June 15, it would have two full sum of its regular possession limit of For FY 2010, Framework 21 defines a trips (i.e., 36,000 lb, 16,329 kg) available 400 lb (181 kg) plus the additional ‘‘more than minor impact’’ on the fishery for use during the trip-restriction observer possession limit increase, as one that would result in a 10-percent window. In that case, the vessel could during an access area trip, regardless of shift in baseline effort from the Mid- only harvest up to 36,000 lb (16,329 kg) trip length. Atlantic during June 15 through October total from June 15, 2010, through 2. Providers may charge a prorated fee 31 into other areas and times of year August 31, 2010, in the Mid-Atlantic for vessels fishing in access areas if the when sea turtle interactions are less access areas, either by fishing its observer set-aside has been fully likely. This definition, as well as compensation trip and one full access harvested. The current regulations management measures to comply with area trip or by fishing two full access require providers to charge a vessel the Biological Opinion and any future area trips and waiting to declare the owner for observer fees based on a Biological Opinions, will be reevaluated compensation trip on or after November calendar day, not per hour, to coincide for future fishing years in Framework 22 1, 2010 (i.e., after the ETAA and with the daily rate of observer set-aside and subsequent actions. Delmarva seasonal closures). Although compensation. The regulation omitted This action proposes to close the the Council did not address specifically regulatory text that would require the Delmarva access area from September 1, how compensation trips would be provider to adjust the fee if the set-aside 2010, through October 31, 2010. In adjusted in order to comply with the is exhausted. Therefore, when the set-

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asides were exhausted in FY 2009, and vessel monitoring system (VMS) According to FY 2008 dealer data, total vessel owners continued to pay for regulations that were included through revenue per vessel, including revenue observers, the fee was based on a full Amendment 11 and pertain to required from species other than scallops, calendar day instead of an hourly submission of pre-landing notification averaged $1,079,722 per full-time prorated fee. In some cases the charges forms are currently difficult to limited access vessel and $135,378 per were considered excessive, but were distinguish from other VMS catch report general category vessel. required by the regulations. requirements in the regulations. NMFS The proposed regulations would This proposed measure would specify proposes to revise the regulations to affect all Federal scallop vessels. The that if the observer set-aside for a given clarify the regulations intended by Framework 21 document provides FY is fully exhausted prior to the end Amendment 11 and to provide more extensive information on the number of the FY, service providers must ease in locating these requirements in and size of vessels and small businesses prorate their fees on an hourly basis, § 648.10. In addition, this action that would be affected by the proposed similar to how observer fees are charged proposes several revisions to the regulations, by port and state. In FY for vessels fishing on open area scallop regulatory text that update the FYs 2008 (the most recent complete FY for trips. when access areas will be open and which data are complete), there were Although the Council did not specify rotational closed areas will be in effect, 321 full-time, 34 part-time, and 1 this measure regarding observer according to the current access area occasional limited access scallop prorated fees in Framework 21, it is a rotational management schedule. This permits issued, and 459 general category necessary component of the observer action also proposes revisions that permits issued to vessels in the LAGC set-aside program. Therefore, based on would remove text pertaining to fishery. Amendment 11 to the FMP the overall objectives of the FMP, NMFS regulations from prior fishing years that established a limited access fishery for proposes this measure under the are no longer in effect. NMFS makes general category vessels and the appeals authority of section 305(d) of the these changes consistent with section and limited access permit process for Magnuson-Stevens Act. 305(d) of the Magnuson-Stevens Act. the LAGC fleet was completed in January 2010. There are now 329 vessels Adjustments to the IFQ Program Classification that qualified for IFQ permits, 40 This action proposes a measure that Pursuant to section 304(b)(1)(A) of the would allow the owner of an IFQ vessel limited access vessels that qualified for Magnuson-Stevens Act, the NMFS IFQ permits, 107 vessels that qualified or IFQ confirmation of permit history Assistant Administrator has determined (CPH) to lease a portion of its IFQ to or for NGOM permits, and 288 vessels that that the proposed rule is consistent with qualified for incidental permits. from another IFQ vessel during a single the FMP, other provisions of the FY. The current regulations allow Magnuson-Stevens Act, and other Description of Projected Reporting, leasing only of an entire IFQ; under the applicable law, subject to further Recordkeeping, and Other Compliance proposed measure a vessel owner could consideration after public comment. Requirements lease some or all of an IFQ allocation. This proposed rule has been This action contains no new This alternative would only apply to determined to be not significant for collection-of-information, reporting, and leases, and not to permanent transfers, purposes of Executive Order 12866. recordkeeping requirements. It does not which would still require a vessel’s An IRFA was prepared, as required by duplicate, overlap, or conflict with any entire IFQ allocation to be transferred section 603 of the Regulatory Flexibility other Federal law. permanently. Vessel owners intending Act (RFA). The IRFA describes the to lease some or all of their IFQ economic impact this proposed rule, if Economic Impacts and Proposed allocation to another IFQ vessel(s) may adopted, would have on small entities. Measures and Alternatives not fish any of their IFQ allocation prior A summary of the analysis follows. Summary of the Aggregate Economic to the lease transaction. This action would require partial IFQ Statement of Objective and Need Impacts leases to be at least 100 lb (45 kg). If a This action proposes the FY 2010 A detailed analysis of the economic vessel owner has previously leased a management measures and impacts of the proposed actions may be portion of the vessel’s IFQ, and the specifications for the Atlantic sea found in Section 5.4 of the Framework remaining allocation is less than 100 lb scallop fishery. A description of the 21 document. All the values for (45 kg), the remaining IFQ could be action, why it is being considered, and economic impacts discussed below are transferred in full to another vessel. the legal basis for this action are presented in terms of 2008 dollars and Although the Council did not specify contained in the preamble of this the projected values presented use a 7- this measure regarding IFQ balances of proposed rule and are not repeated here. percent discount rate to compare results less than 100 lb as the result of a to current values. previous lease, based on other Description and Estimate of Number of If approved, Framework 21 will be Framework 21 measures adopted by the Small Entities to Which the Rule Would implemented after the start of FY 2010 Council and the overall objectives of the Apply (March 1, 2010). As a result, the current FMP, NMFS proposes this measure The vessels in the Atlantic sea scallop management measures and allocations under the authority of section 305(d) of fishery are all considered small business are extended into FY 2010, including the Magnuson-Stevens Act. entities and, therefore, there is no trip allocations for access areas and an NMFS is also proposing several disproportionate impact on large and open area allocation of 42 DAS per full- revisions to the regulatory text that were small entities. All of the vessels grossed time limited access vessel, 17 per part- duplicative and unnecessary, outdated, less than $3 million according to dealer time vessel, and 3 per occasional vessel. unclear, or otherwise could be improved data for the FYs 1994 through 2008. The aggregate economic impacts of through revision. These were not According to this information, annual the proposed measures, including the recommended by the Council, but are total revenue, including revenue from open area DAS and access area necessary for the effective species other than scallops, has allocations for limited access vessels implementation and enforcement of the averaged over $1 million per full-time and TAC for the LAGC fishery, are regulations. For example, the current limited access vessel since FY 2004. expected to be slightly negative in FY

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2010 compared to the No Action per pound) compared with No Action The revenue for an average full-time alternative and compared to the average ($7.07 per pound), the price in FY 2008 limited access vessel is estimated to be revenue in FYs 2008 and 2009. The ($6.92), and the price in FY 2009 $931,799 for the proposed action, which impact of five FY 2010 quota allocation ($6.45). ranges from $108,152 to $18,661 lower alternatives were evaluated by Although the proposed action will than the Closure (0.18), Closure (0.20), Framework 21: Two alternatives produce slightly less revenue in FY and No Action alternatives. However, proposing a new closure in the Great 2010 compared to FYs 2008 and 2009, because the proposed action will South Channel with different fishing the proposed action, as well as the allocate fewer open area DAS in FY mortality rates (F=0.18 and F=0.20), two Closure (0.18), Closure (0.20), and No 2010 compared to these three alternatives with no new closure with Closure (0.20) alternatives, will result in alternatives, and also will allocate different fishing mortality rates (F=0.20 higher revenues for full-time limited access area trips in more productive and F=0.24), and the No Action access vessels from FY 2011 through FY areas compared to No Action, the trip alternative, which results in an F=0.25. 2016. costs would be comparatively reduced. The alternative with no new closure and Over the short term, from FY 2010 The average trip costs per vessel F=0.24 will be referred to below as the through FY 2016, the proposed action’s ($111,621) would decline by a range of proposed action. The non-selected cumulative revenues are estimated to be 20 to 9 percent in comparison to the alternatives will be referred to as slightly lower than the No Action higher DAS alternatives. The allowance Closure (0.18), Closure (0.20), No revenues by $9 million, representing a for carry-over DAS is another factor that Closure (0.20), and No Action, 0.3-percent decrease. However, the No could also mitigate some of the negative respectively. Under all alternatives, the Action alternative does not prevent impacts of the proposed action on vessel total number of access area trips overfishing and would result in revenues and profits in FY 2010. Vessels allocated to limited access vessels suboptimal allocation of open area DAS may save up to 10 of their open area remain the same, although the No and access area trips. Under the No DAS in FY 2009 to mitigate the slightly Action alternative would allocate those Action alternative, there is no access smaller FY 2010 DAS allocations trips to less productive areas than all into the NLAA, but the biomass in that compared to No Action, Closure (0.18), other alternatives. area can support one trip. In addition, or Closure (0.20) alternatives. Although the No Closure (0.20) under No Action, open area DAS Economic Impacts of the Proposed alternative would produce the greatest allocations would be higher than Measures and Alternatives benefits over the long term, it would sustainable levels because there is no result in a 13-percent and 11-percent 1. DAS Allocations and Access Area adjustment to reflect the present loss in FY 2010 average annual revenue Trip Allocations—Aggregate Impacts conditions of biomass in those areas. compared to No Action and the For these reasons, the levels of The proposed open area DAS proposed action, respectively. The exploitable biomass for the No Action allocations are expected to prevent proposed action would result in average overfishing in open areas. The proposed alternative will be less than the levels FY 2010 revenues that are $109,563 action would implement the following for the proposed action and all the other greater than the No Closure (0.20) vessel-specific DAS allocations for FY alternatives. Consequently, No Action alternative. Although the proposed 2010: Full-time vessels would be would have long-term negative impacts action will have marginally smaller allocated 38 DAS; part-time vessels on the scallop stock biomass, landings, positive long-term economic impacts in would be allocated 15 DAS; and revenues, and economic benefits of the comparison to the No Closure (0.20) occasional vessels would receive 3 DAS. scallop fishery. Over the long term (FYs alternative, Framework 21 is only The analysis of the fleet-wide aggregate 2010 to 2023), the proposed action will addressing the allocations for FY 2010 economic impacts indicate that the generate $53 million more in total and future management measures in FY proposed action will have slightly revenues than the No Action alternative. 2011 and beyond will affect these negative economic impacts on the The Closure (0.20) and Closure (0.18) forecasts. revenues and profits of the scallop alternatives allocate higher DAS (51 and Under all alternatives, including No vessels in FY 2010, compared with the 42 DAS, respectively) to full-time Action, the LAGC fleet is allocated 5 No Action alternative and compared to vessels than the proposed alternative percent of the TAC. This means the the levels in FYs 2008 and 2009. and would have positive economic relative comparison of the proposed Because the proposed action will reduce impacts on scallop vessels in FY 2010. action to the other alternatives is similar the open area DAS allocations from 42 However, these alternatives would have to the limited access fleet. For example, DAS to 38 DAS for each full-time negative biological impacts because the similar to full-time limited access limited access vessel (with similar new rotational area closure resulted in vessels, the revenues of LAGC vessels reductions, proportionally for part-time a higher area-swept estimate in the Mid- are expected to be 2 percent lower and occasional vessels), the total Atlantic open area, which may have under the proposed action than under landings will decline by 6 percent in FY impacts on non-target species in those No Action in FY 2010. 2010, from 50 million under No Action areas and increase the possibility of Compared to FYs 2008 and 2009, to 47 million under the proposed action, localized overfishing in open areas. If however, the revenues of LAGC vessels reducing 2010 revenues for an average these negative biological impacts were will decline by a larger percentage due vessel by about 2 percent. In to occur as a result of the Closure (0.18) to the implementation of the IFQ comparison to FYs 2008 and 2009 or Closure (0.20) alternatives, more program, as required by Amendment 11 average, the proposed action will result stringent measures would have to be to the FMP. The total scallop revenue in a 14-percent decrease in landings, taken in the future to reduce effort, with for the general category fishery was representing a 2.3-percent decrease in potentially negative impacts on the estimated to be $30.8 million for FY revenues. The percentage decline in scallop vessels. Therefore, these 2008 and $29.6 million for FY 2009, revenues is less than the percentage alternatives are not expected to generate averaging $30.2 million across both FYs. decline in landings because the price higher benefits for the scallop vessels in During FYs 2008 and 2009, the LAGC per pound of scallops is estimated to be the long term compared to the proposed fishery was under a transition period higher for the proposed action ($7.27 action. while the final decisions for IFQ permit

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appeals were determined. The transition by reducing revenues, and no such 6. Allow Leasing of Partial LAGC IFQ period allocated 10 percent of the TAC alternatives were considered. Allocations to LAGC IFQ vessels, as well as vessels 4. Access Area Management LAGC IFQ allocations can only be that were granted a letter of leased in their entirety under current authorization to fish for scallops while The proposed action and the regulations. The proposed action would their IFQ permit applications were alternatives include access into both allow LAGC IFQ vessels owners (or IFQ under appeal. FY 2010 marks the first ETAA and Delmarva for both the CPH owners) to lease some or all of their year that the IFQ program is in effect, limited access DAS and LAGC fleets. By IFQ allocations to other vessels during and LAGC IFQ vessels are now allocated itself, allocations for these highly a given FY. The proposed action would 5 percent of the TAC. As a result, productive areas in FY 2010 will have provide increased flexibility for LAGC revenues for LAGC vessels under the positive economic impacts on both IFQ vessel owners. As a result, this proposed action are projected to be $17 limited access and LAGC vessels. The measure would have positive impacts million, representing a 43-percent only alternative that would generate on vessel revenues and profits. The only decline. The short- and long-term alternative is the No Action alternative, economic impacts of allocating 5 higher benefits than the proposed action is the No Action alternative, which which would require that vessel owners percent of the total TAC to LAGC lease entire unused quota allocations. vessels were analyzed in Amendment would allocate three trips to ETAA. This 11 to the FMP. The economic impacts number of trips is higher than the 7. Reasonable and Prudent Measures projected biomass in that area can of the proposed TAC are within the The proposed action would close the range of the impacts previously support. As a result, the No Action alternative would have negative impacts Delmarva access area in September and analyzed in these documents. October and would limit the maximum on the biomass and yield from the The proposed action will have number of trips (two per full-time ETAA after FY 2010. As experienced in positive economic impacts for the LAGC vessel) that can be taken in the Mid- the Hudson Canyon Access Area in FY fishery starting in FY 2011, as the LAGC Atlantic areas from June 15 to August 2005, excessive harvest in an access area TAC is expected to increase compared 31. Because fishing effort is shifted to a can lead to rapid, almost immediate, to the FY 2010 allocation. relatively less productive season, total depletion of the area’s resource, leading fleet trip costs are expected to increase 2. Open Area DAS Adjustment if Access to poor catch rates and elevated fishing Area Yellowtail TAC Is Attained slightly (i.e., less than 0.2 percent) due costs. to reduced scallop catch rates. Since The proposed action maintains a The proposed action and alternatives there is no change in the scallop provision that allocates additional open considered, with the exception of No possession limit, the trips that are area DAS if an access area closes due to Action, all would allocate one access shifted from this season are expected to the attainment of the scallop yellowtail area trip into the NLAA. The biomass in be taken outside of this time period TAC. This would continue the current this area is estimated to be high and trip without a loss in total revenue, as long measures with the same impacts as the costs will be lower because the same as this measure does not, as expected, No Action alternative. This conversion amount of scallops could be landed in have a negative impact on prices. The will help to minimize lost catch and a shorter time frame compared to areas closure in the Delmarva access area revenue if the NLAA closes due to the with lower scallop abundance. from September 1–October 31 applies to full harvest of yellowtail quota. As a Providing allocations to high abundance all scallop vessels, including LAGC IFQ result, this measure will have positive areas will help increase yield, landings, vessels. This measure is not expected to economic impacts on scallop vessels, and revenues from the fishery both in affect the LAGC fleet specifically, since although the scallop pounds per trip the short and long term, benefiting both the access area trips for this fleet are could be lower than the allocated limited access and LAGC vessels that allocated as a fleet-wide number of pounds for NLAA trips due to proration participate in the scallop fishery. trips, and tend to be used outside of the to assure that the measure is Because there is no trip allocation to the closure period. No other alternatives conservation neutral. There were no NLAA area under No Action, economic considered would generate higher alternatives considered that would benefits would be lower both in the benefits for the scallop vessels, other generate higher economic benefits for short and long term compared to the than the No Action alternative. The No the participants of the scallop fishery. proposed alternative, and other Action alternative, however, would not 3. Research and Observer Set-Aside alternatives considered. comply with the RPMs specified in the TACs Biological Opinion. The proposed 5. NGOM Hard TAC action is expected to minimize the effort The proposed action would continue shift from the given time period to set aside 2 percent of the scallop TAC The proposed action specifies a compared to the other action for the RSA program and 1 percent of 70,000-lb (31,751-kg) TAC for the alternatives considered by the Council; the scallop TAC for the industry-funded NGOM. This is the same TAC as the No thus, there are no other alternatives that observer set-aside program. These set- Action alternative and all other would generate higher benefits for the asides are expected to have indirect alternatives. The FMP specifies that the scallop vessels. economic benefits for the scallop fishery NGOM TAC should be based on historic by improving scallop information and landings levels until the stock in the 8. Limit the Amount of Observer data made possible by research and the NGOM can be assessed formally, and Compensation for LAGC Vessels in observer program. Although allocating there has been no stock assessment to Access Areas higher set-aside percentages could result date. The NGOM TAC has been The proposed action includes a in higher indirect benefits to the scallop specified at this level since FY 2008, provision to limit the total amount of fleet by increasing available funds for and the fishery has harvested less than observer compensation LAGC IFQ research and the observer program, 15 percent of the TAC in each of those vessels can receive on observed trips in these set-aside increases could decrease years, therefore, the TAC has no access areas to the equivalent of 1 day’s direct economic benefits to the fishery negative economic impacts. compensation, regardless of trip length.

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The No Action alternative would incidentally. A limited access vessel removed and reserved to read as continue to provide LAGC IFQ vessels that also holds an IFQ or NGOM permit follows: observer compensation on a daily basis must submit the Scallop Pre-Landing and would generate higher benefits for Notification form only when fishing § 648.14 Prohibitions. the scallop vessels while the observer under the provisions of the vessel’s IFQ * * * * * set-aside is available. This, however, or NGOM permit. VMS Scallop Pre- (i) * * * may exhaust the set-aside TAC before Landing Notification forms must be (2) * * * the end of the FY. The current LAGC submitted no less than 6 hr prior to (vi) * * * IFQ access area observer compensation crossing the VMS Demarcation Line on (F) Declare more than two access area contributed to fully harvesting the FY the way back to port, and must include trips into the Delmarva and Elephant 2009 observer set-aside earlier than the amount of scallop meats or bushels Trunk Access Areas, as specified in anticipated. This had negative impacts to be landed, the estimated time of § 648.59(a) and (e), during the period fleet-wide because vessels had to arrival in port, the port at which the June 15 through August 31, unless at provide full payment to observers scallops will be landed, and the VTR least one trip is terminated early and without available observer serial number recorded from that trip’s trips in excess of two are declared compensation after the observer set- VTR. If the scallop harvest ends less compensation trips authorized under aside was exhausted, with negative than 6 hr prior to landing, then the § 648.60(c); and impacts that were not equally Scallop Pre-Landing Notification form (G) Vessels do not fish for, possess, or distributed across the fleet. must be submitted immediately upon retain more than a combined total of leaving the fishing grounds. List of Subjects in 50 CFR Part 648 36,000 lb (16,329 kg) of scallops from * * * * * the Delmarva and Elephant Trunk Fisheries, Fishing, Recordkeeping and 3. In § 648.11, revise paragraph reporting requirements. Access Areas specified in § 648.59(a) (g)(5)(i)(A) to read as follows: and (e) during the period June 15 Dated: April 22, 2010. § 648.11 At-sea sea sampler/observer through August 31. This restriction does Samuel D. Rauch III, coverage. not include the additional possession Deputy Assistant Administrator for * * * * * allowance to defray the cost of carrying Regulatory Programs, National Marine an observer, as specified in § 648.60(d), (g) * * * Fisheries Service. that occur during observed trips (5) * * * For the reasons set out in the between June 15 through August 31. (i) * * * preamble, 50 CFR part 648 is proposed (A) Access Area Trips. (1) For * * * * * to be amended as follows: purposes of determining the daily rate (4) * * * PART 648—FISHERIES OF THE for an observed scallop trip in a Sea (i) Possession and landing. (A) Fish NORTHEASTERN UNITED STATES Scallop Access Area when the observer for or land per trip, or possess at any set-aside specified in § 648.60(d)(1) has time, in excess of 400 lb (181.4 kg) of 1. The authority citation for part 648 not been fully utilized, a service shucked, or 50 bu (17.6 hL) of in-shell continues to read as follows: provider shall charge a vessel owner scallops shoreward of the VMS Authority: 16 U.S.C. 1801 et seq. from the time an observer boards a Demarcation Line, unless the vessel is vessel until the vessel disembarks (dock participating in the Area Access 2. In § 648.10, revise paragraph (f)(4) to dock), where ‘‘day’’ is defined as a 24- Program specified in § 648.60; is to read as follows: hr period, or any portion of a 24-hr carrying an observer as specified in § 648.10 VMS and DAS requirements for period, regardless of the calendar day. § 648.11; and, an increase in the vessel owners/operators. For example, if a vessel with an possession limit is authorized by the * * * * * observer departs on July 1 at 10 pm and Regional Administrator and not (f) * * * lands on July 3 at 1 am, the time at sea exceeded by the vessel, as specified in (4) Catch reports. (i) All scallop equals 27 hr, which would equate to 2 §§ 648.52(g) and 648.60(d)(2). vessels fishing in the Sea Scallop Area full ‘‘days.’’ * * * * * Access Program as described in § 648.60 (2) For purposes of determining the 5. In § 648.52, paragraphs (a) and (f) are required to submit daily reports, daily rate for an observed scallop trip in are revised, and paragraph (g) is added through VMS, of scallops kept and a Sea Scallop Access Area when the to read as follows: yellowtail flounder caught (including industry-funded observer set-asides discarded yellowtail flounder) on each have been fully utilized, a service § 648.52 Possession and landing limits. Access Area trip. The VMS catch provider shall charge a vessel owner (a) A vessel issued an IFQ scallop reporting requirements are specified in from the time an observer boards a permit that is declared into the IFQ § 648.60(a)(9). vessel until the vessel disembarks (dock scallop fishery as specified in (ii) Pre-landing notification forms for to dock), where ‘‘day’’ is defined as a 24- § 648.10(b), unless as specified in IFQ and NGOM vessels. Using the hr period, and portions of the other days paragraph (g) of this section or Scallop Pre-Landing Notification form, a would be pro-rated at an hourly charge exempted under the state waters vessel issued an IFQ or NGOM scallop (taking the daily rate divided by 24). For exemption program described in permit must report through VMS the example, if a vessel with an observer § 648.54, may not possess or land, per amount of any scallops kept on each trip departs on July 1 at 10 pm and lands on trip, more than 400 lb (181.4 kg) of declared as a scallop trip, including July 3 at 1 am, the time spent at sea shucked scallops, or possess more than declared scallop trips where no scallops equals 27 hr, so the provider may charge 50 bu (17.6 hL) of in-shell scallops were landed. In addition, vessels with 1 day and 3 hr. shoreward of the VMS Demarcation an IFQ or NGOM permit must submit a * * * * * Line. Such a vessel may land scallops Scallop Pre-Landing Notification form 4. In § 648.14, paragraphs (i)(2)(vi)(F) only once in any calendar day. Such a on trips that are not declared as scallop and G) are added, paragraph (i)(4)(i)(A) vessel may possess up to 100 bu (35.2 trips, but on which scallops are kept is revised, and paragraph (i)(4)(iii)(F) is hl) of in-shell scallops seaward of the

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VMS demarcation line on a properly fishing year, such vessels are allocated the 2010 fishing year than specified in declared IFQ scallop trip. 1,055 mt, which includes both the open this section shall have the DAS used in * * * * * area TAC (547 mt) and the access area excess of the 2010 allocation specified (f) A vessel that is declared into the TACs specified in § 648.59. in this paragraph (b)(4) deducted from Sea Scallop Area Access Program as (ii) IFQ scallop vessels with a limited its 2011 open area DAS allocation. described in § 648.60, may not possess access scallop permit. Such vessels that (ii) [Reserved] more than 50 bu (17.6 hL) of in-shell are fishing under an IFQ scallop permit (5) * * * scallops outside of the Access Areas outside of the scallop DAS and Area (i) When the Nantucket Lightship described in § 648.59(a) through (e). Access programs as a limited access Access Area closes due to the yellowtail (g) Possession limit to defray the cost vessel shall be allocated 0.5 percent of flounder bycatch TAC, for each of observers in Access Areas for LAGC the annual target TAC specified in remaining complete trip in the IFQ vessels. An LAGC IFQ vessel with accordance with this paragraph (a). For Nantucket Lightship Access Area, a full- an observer on board may retain, per the 2010 fishing year, the IFQ TAC for time vessel may fish an additional 5.8 observed trip, up to 1 day’s allowance IFQ vessels with a limited access DAS in open areas, a part-time vessel of the possession limit allocated to scallop permit is 106 mt. may fish an additional 4.6 DAS in open limited access vessels, as established by * * * * * areas, and an occasional vessel may fish the Regional Administrator in (9) Scallop incidental catch target an additional 1.9 DAS during the same accordance with § 648.60(d), provided TAC. The 2010 incidental catch target fishing year. A complete trip is deemed the observer set-aside specified in TAC for vessels with incidental catch to be a trip that is not subject to a § 648.60(d)(1) has not been fully scallop permits is 50,000 lb (22,680 kg). reduced possession limit under the utilized. For example, if the limited (b) * * * broken trip provision in § 648.60(c). If a access vessel daily possession limit to (1) Total DAS to be used in all areas vessel has unused broken trip defray the cost of an observer is 180 lb other than those specified in § 648.59, compensation trip(s), as specified in (82 kg), the LAGC IFQ possession limit shall be specified through the § 648.60(c), when the Nantucket to defray the cost of an observer would framework adjustment process as Lightship Access Area closes due to the be 180 lb (82 kg) per trip, regardless of specified in § 648.55, using the target yellowtail flounder bycatch TAC, it will trip length. TAC for open areas specified in be issued additional DAS in proportion 6. In § 648.53, paragraphs (a)(1), paragraph (a) of this section and to the unharvested possession limit. For (a)(4)(i), (a)(5), (a)(9), (b)(1), (b)(4), estimated catch per unit effort. The total example, if a full-time vessel had an (b)(5)(i), (g)(1), (g)(2), (h)(5)(i), (h)(5)(iii), DAS for 2010 are 13,324. After unused 9,000-lb (4,082-kg) Nantucket (h)(5)(iv)(A), (h)(5)(iv)(B), and accounting for applicable set-asides, the Lightship Access Area compensation (h)(5)(iv)(C) are revised; the total DAS allocated the limited access trip (half of the possession limit) at the introductory text in paragraph (h)(2) is fishery are 12,920. time of a Nantucket Lightship Access revised; and paragraphs (a)(2), (a)(4)(ii), * * * * * Area yellowtail flounder bycatch TAC (a)(7), (a)(8), and (b)(5)(ii) are removed (4) Each vessel qualifying for one of closure, the vessel will be allocated 2.9 and reserved to read as follows. the three DAS categories specified in the DAS (half of 5.8 DAS). § 648.53 Target total allowable catch, DAS table in this paragraph (b)(4) (Full-time, * * * * * allocations, and Individual Fishing Quotas. Part-time, or Occasional) shall be (g) * * * (a) * * * allocated the maximum number of DAS (1) DAS set-aside for observer (1) 2010 fishing year target TAC for for each fishing year it may participate coverage. As specified in paragraph scallop fishery. The 2010 fishing year in the open area limited access scallop (b)(2) of this section, to help defray the TAC is 21,445 mt, 94.5 percent of which fishery, according to its category. A cost of carrying an observer, 1 percent shall be allocated to the limited access vessel whose owner/operator has of the total DAS specified in paragraph fishery, 5 percent of which shall be declared out of the scallop fishery, (b)(1) of this section shall be set aside allocated to IFQ scallop vessels, and 0.5 pursuant to the provisions of § 648.10, from the total DAS available for percent of which shall be issued to or that has used up its maximum allocation, to be used by vessels that are limited access vessels also issued IFQ allocated DAS, may leave port without assigned to take an at-sea observer on a scallop permits and that are fishing being assessed a DAS, as long as it has trip other than an Area Access Program under general category regulations. made an appropriate VMS declaration, trip. The DAS set-aside for observer These percentages reflect the TAC as specified in § 648.10(f), does not fish coverage is 135 DAS for the 2010 fishing allocations prior to the deduction of set- for or land per trip, or possess at any year. Vessels carrying an observer shall asides for observer coverage and time, more than 400 lb (181.4 kg) of be compensated with reduced DAS research. shucked or 50 bu (17.6 hL) of in-shell accrual rates for each trip on which the * * * * * scallops, and complies with all other vessel carries an observer. For each DAS (4) * * * requirements of this part. The annual that a vessel fishes for scallops with an (i) 2010 fishing year. The target TAC open area DAS allocations for each observer on board, the DAS shall be for limited access vessels fishing under category of vessel for the fishing years charged at a reduced rate, based on an the scallop DAS program specified in indicated, after deducting DAS for adjustment factor determined by the this section is 10,330 mt, including observer and research DAS set-asides, Regional Administrator on an annual open area DAS for observer and research are as follows: basis, dependent on the cost of set-aside TACs. observers, catch rates, and amount of DAS category 2010 * * * * * available DAS set-aside. The Regional (5) TACs for IFQ scallop vessels. The Full-time ...... 38 Administrator shall notify vessel owners TACs specified in this paragraph (a)(5) Part-time ...... 15 of the cost of observers and the DAS have accounted for the access area set- Occasional ...... 3 adjustment factor through a permit asides specified in § 648.60(d) and (e). holder letter issued prior to the start of (i) IFQ vessels without a limited (i) A limited access vessel that each fishing year. This DAS adjustment access scallop permit. For the 2010 lawfully uses more open area DAS in factor may also be changed during the

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fishing year if fishery conditions that has fished under its IFQ in a fishing vessel has fished under its IFQ prior to warrant such a change. The number of year may not transfer that vessel’s IFQ the completion of the transfer request; DAS that are deducted from each trip to another IFQ scallop vessel in the the transferor’s or transferee’s vessel or based on the adjustment factor shall be same fishing year. IFQ can be IFQ scallop permit has been sanctioned, deducted from the observer DAS set- transferred only once during a given pursuant to a final administrative aside amount in the applicable fishing fishing year. A transfer of an IFQ may decision or settlement of an year. Utilization of the DAS set-aside not result in the sum of the IFQs on the enforcement proceeding; the transfer shall be on a first-come, first-served receiving vessel exceeding 2 percent of will result in the transferee’s vessel basis. When the DAS set-aside for the TAC allocated to IFQ scallop having an allocation that exceeds 2 observer coverage has been utilized, vessels. A transfer of an IFQ, whether percent of the TAC allocated to IFQ vessel owners shall be notified that no temporary or permanent, may not result scallop vessels; the transfer will result additional DAS remain available to in the transferee having a total in the transferee having a total offset the cost of carrying observers. The ownership of or interest in general ownership of or interest in general obligation to carry and pay for an category scallop allocation that exceeds category scallop allocation that exceeds observer shall not be waived due to the 5 percent of the TAC allocated to IFQ 5 percent of the TAC allocated to IFQ absence of set-aside DAS allocations. scallop vessels. Limited access scallop scallop vessels; or any other failure to (2) DAS set-aside for research. As vessels that are also issued an IFQ meet the requirements of this subpart. specified in paragraph (b)(2) of this scallop permit may not transfer or Upon denial of an application to section, to help support the activities of receive IFQ from another IFQ scallop transfer IFQ, the Regional Administrator vessels participating in certain research, vessel. shall send a letter to the applicants as specified in § 648.56, the DAS set- (iv) * * * describing the reason(s) for the aside for research is 269 DAS for the (A) Application information rejection. The decision, by the Regional 2010 fishing year. requirements. An application to transfer Administrator is the final agency (h) * * * IFQ must contain at least the following decision and there is no opportunity to (2) Calculation of IFQ. The total information: Transferor’s name, vessel appeal the Regional Administrator’s allowable catch allocated to IFQ scallop name, permit number, and official decision. vessels, and the TAC allocated to number or state registration number; * * * * * limited access scallop vessels issued transferee’s name, vessel name, permit IFQ scallop permits, as specified in number, and official number or state § 648.58 [Amended] paragraphs (a)(5)(i) and (ii) of this registration number; total price paid for 7. In § 648.58, paragraph (b) is section, shall be used to determine the purchased IFQ; signatures of transferor removed and reserved. IFQ of each vessel issued an IFQ scallop and transferee; and date the form was 8. In § 648.59, paragraphs (a)(4), permit. Each fishing year, the Regional completed. In addition, applications to (b)(5)(ii)(D), (c)(5)(ii)(D), and (d)(5)(ii)(D) Administrator shall provide the owner temporarily transfer IFQ must indicate are added; and paragraphs (a)(1), (a)(3), of a vessel issued an IFQ scallop permit the amount, in pounds, of the IFQ (b)(1), (b)(2), (b)(5)(i), (b)(5)(ii)(A), issued pursuant to § 648.4(a)(2)(ii) with allocation transfer, which may not be in (b)(5)(ii)(B), (c)(1), (c)(2), (c)(5)(i), the scallop IFQ for the vessel for the increments of less than 100 lb (45 kg) (c)(5)(ii)(A), (c)(5)(ii)(B), (d)(1), (d)(2), upcoming fishing year. unless that value reflects the total IFQ (d)(5)(i), (d)(5)(ii)(A), (d)(5)(ii)(B), and allocation remaining on the transferor’s (e)(4) are revised to read as follows. * * * * * vessel, or the entire allocation. (5) * * * Information obtained from the transfer § 648.59 Sea Scallop Access Areas. (i) Temporary IFQ transfers. Subject application will be held confidential, (a) * * * to the restrictions in paragraph (h)(5)(iii) and will be used only in summarized (1) From March 1, 2010, through of this section, the owner of an IFQ form for management of the fishery. If February 28, 2011, and subject to the scallop vessel not issued a limited applicable, an application for a seasonal restriction specified in access scallop permit may temporarily permanent IFQ transfer must be paragraph (a)(4) of this section, a vessel transfer its entire IFQ allocation, or a accompanied by verification, in writing, issued a scallop permit may fish for, portion of its IFQ allocation, to another that the transferor either has requested possess, or land scallops in or from the IFQ scallop vessel. Temporary IFQ cancellation of all other limited access area known as the Delmarva Sea Scallop transfers shall be effective only for the Federal fishing permits, or has applied Access Area, described in paragraph fishing year in which the temporary for a transfer of all of its limited access (a)(2) of this section, only if the vessel transfer is requested and processed. IFQ permits in accordance with the vessel is participating in, and complies with can be transferred only once during a replacement restrictions under § 648.4. the requirements of, the area access given fishing year. Temporary IFQ (B) Approval of IFQ transfer program described in § 648.60. transfers must be in the amount of at applications. Unless an application to * * * * * least 100 lb (45 kg), or the entire transfer IFQ is denied according to (3) Number of trips—(i) Limited allocation may be transferred to another paragraph (h)(5)(iii)(C) of this section, access vessels. Based on its permit vessel. If a vessel has previously the Regional Administrator shall issue category, a vessel issued a limited transferred a portion of its IFQ and the confirmation of application approval to access scallop permit may fish no more remaining allocation is less than 100 lb both parties involved in the transfer than the maximum number of trips in (45 kg), the remaining IFQ may be within 30 days of receipt of an the Delmarva Access Area as specified transferred in full to another vessel. The application. in § 648.60(a)(3)(i), unless the vessel Regional Administrator has final (C) Denial of transfer application. The owner has made an exchange with approval authority for all temporary IFQ Regional Administrator may reject an another vessel owner whereby the transfer requests. application to transfer IFQ for the vessel gains a Delmarva Access Area * * * * * following reasons: The application is trip and gives up a trip into another Sea (iii) IFQ transfer restrictions. The incomplete; the transferor or transferee Scallop Access Area, as specified in owner of an IFQ scallop vessel not does not possess a valid limited access § 648.60(a)(3)(ii), or unless the vessel is issued a limited access scallop permit general category permit; the transferor’s taking a compensation trip for a prior

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Delmarva Access Area trip that was October 31 of each year the Delmarva LAGC scallop vessels shall be specified terminated early, as specified in Access Area is open to scallop fishing in this paragraph (b)(5)(ii)(A) through § 648.60(c). Additionally, limited access as a Sea Scallop Access Area, except the framework adjustment process and full-time scallop vessels are restricted in that a vessel may possess scallops while shall determine the number of trips the number of trips that may be taken transiting pursuant to paragraph (f) of allocated to LAGC scallop vessels as from June 15 through August 31, as this section. specified in paragraph (b)(5)(ii)(B) of specified in § 648.60(a)(3)(i)(B)(1). The (b) * * * this section. The TAC applies to both number of trips allocated to limited (1) From March 1, 2010, through LAGC IFQ vessels and limited access access vessels in the Delmarva Access February 28, 2011, and every third vessels with LAGC IFQ permits that are Area shall be based on the TAC for the fishing year thereafter (i.e., March 1, fishing under the provisions of the access area, which shall be determined 2013, through February 28, 2014) LAGC IFQ permit. The Closed Area I through the annual framework process vessels issued scallop permits may not Access Area shall be closed to LAGC and specified in this paragraph (a)(5)(i). fish for, possess, or land scallops in or IFQ vessels in the 2010 fishing year. The 2010 Delmarva Access Area scallop from, the area known as the Closed Area (B) The Regional Administrator shall TAC for limited access scallop vessels is I Access Area, described in paragraph notify all LAGC scallop vessels of the 5,394,485 lb (2,447 mt), after accounting (b)(3) of this section, unless transiting date when the maximum number of for applicable set-asides and LAGC IFQ pursuant to paragraph (f) of this section. allowed trips for the applicable fishing TAC. Vessels issued both a NE Multispecies year have been, or are projected to be, (ii) LAGC IFQ scallop vessels.—(A) permit and an LAGC scallop permit may taken by providing notification in the The percentage of the Delmarva Access fish in an approved SAP under § 648.85 Federal Register, in accordance with Area TAC to be allocated to LAGC IFQ and under multispecies DAS in the § 648.60(g)(4). Except as provided in scallop vessels shall be specified in this scallop access area provided they paragraph (c)(5)(ii)(C) of this section, paragraph (a)(4)(ii)(A) through the comply with restrictions in paragraph and subject to the seasonal restrictions framework adjustment process and shall (b)(5)(ii)(C) of this section. specified in paragraph (c)(4) of this determine the number of trips allocated (2) From March 1, 2011, through section, an LAGC scallop vessel may not to LAGC IFQ scallop vessels as specified February 28, 2013, and for every 2-yr fish for, possess, or land sea scallops in in paragraph (a)(4)(ii)(B) of this section. period, based on the fishing year, after or from the Closed Area I Access Area, LAGC IFQ vessels will be allocated the closure described in paragraph (b)(1) or enter the Closed Area I Access Area 285,423 lb (129 mt) in fishing year 2010, of this section (i.e., March 1, 2014, on a declared LAGC scallop trip after which is 5 percent of the 2010 Delmarva through February 29, 2016), and subject the effective date published in the Access Area TAC, after set-asides have to the seasonal restrictions specified in Federal Register, unless transiting been deducted. This TAC applies to paragraph (b)(4) of this section, a vessel pursuant to paragraph (f) of this section. both LAGC IFQ vessels and limited issued a scallop permit may fish for, * * * * * access vessels with LAGC IFQ permits possess, and land scallops in or from, that are fishing under the provisions of (D) Scallops landed by each LAGC the area known as the Closed Area I IFQ vessel on a Closed Area I Access the LAGC IFQ permit. Access Area, described in paragraph (B) Based on the TAC specified in Area trip shall count against that (b)(3) of this section, only if the vessel paragraph (a)(4)(ii)(A) of this section, vessel’s IFQ. is participating in, and complies with LAGC scallop vessels are allocated 714 (c) * * * the requirements of, the area access trips to the Delmarva Access Area in (1) From March 1, 2010, through program described in § 648.60. fishing year 2010. This fleet-wide trip February 28, 2011, and every third allocation applies to both LAGC IFQ * * * * * fishing year thereafter, (i.e., March 1, vessels and limited access vessels with (5) * * * 2013, through February 28, 2014) LAGC IFQ permits that are fishing (i) Limited access vessels. Based on its vessels issued scallop permits may not under the provisions of the LAGC IFQ permit category, a vessel issued a fish for, possess, or land scallops in or permit. The Regional Administrator limited access scallop permit may fish from, the area known as the Closed Area shall notify all LAGC IFQ scallop no more than the maximum number of II Access Area, described in paragraph vessels of the date when 714 trips have trips in the Closed Area I Access Area, (c)(3) of this section, unless transiting been, or are projected to be, taken by unless the vessel owner has made an pursuant to paragraph (f) of this section. providing notification in the Federal exchange with another vessel owner Vessels issued both a NE Multispecies Register, in accordance with whereby the vessel gains a Closed Area permit and an LAGC scallop permit may § 648.60(g)(4). An LAGC IFQ scallop I Access Area trip and gives up a trip fish in an approved SAP under § 648.85 vessel may not fish for, possess, or land into another Sea Scallop Access Area, as and under multispecies DAS in the sea scallops in or from the Delmarva specified in § 648.60(a)(3)(ii), or unless scallop access area, provided they Access Area, or enter the Delmarva the vessel is taking a compensation trip comply with restrictions in paragraph Access Area on a declared LAGC IFQ for a prior Closed Area I Access Area (c)(5)(ii)(C) of this section. scallop trip after the effective date trip that was terminated early, as (2) From March 1, 2011, through published in the Federal Register, specified in § 648.60(c). The number of February 28, 2013, and for every 2-yr unless transiting pursuant to paragraph trips allocated to limited access vessels period, based on the fishing year, after (f) of this section. in the Closed Area I Access Area shall the year-long closure described in (C) Scallops landed by each LAGC be based on the TAC for the access area, paragraph (c)(1) of this section (i.e., IFQ vessel on a Delmarva Access Area which will be determined through the March 1, 2014, through February 29, trip shall count against that vessel’s IFQ. annual framework process and specified 2016), and subject to the seasonal (4) Season. A vessel issued a scallop in this paragraph (c)(5)(i). Closed Area restrictions specified in paragraph (c)(4) permit may not fish for, possess, or land I Access Area is closed to limited access of this section, a vessel issued a scallop scallops in or from the area known as vessels for the 2010 fishing year. permit may fish for, possess, or land the Delmarva Sea Scallop Access Area, (ii) * * * scallops in or from, the area known as described in paragraph (a)(2) of this (A) The percentage of the Closed Area the Closed Area II Sea Scallop Access section, from September 1 through I Access Area TAC to be allocated to Area, described in paragraph (c)(3) of

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this section, only if the vessel is Area trip shall count against that (A) The percentage of the Nantucket participating in, and complies with the vessel’s IFQ. Lightship Access Area TAC to be requirements of, the area access program * * * * * allocated to LAGC IFQ scallop vessels described in § 648.60. (d) * * * shall be specified in this paragraph (d)(5)(ii)(A) through the framework * * * * * (1) From March 1, 2012, through adjustment process and shall determine (5) * * * February 28, 2013, and every third the number of trips allocated to LAGC fishing year thereafter (i.e., March 1, (i) Limited access vessels. Based on its IFQ scallop vessels as specified in 2015, through February 29, 2016) permit category, a vessel issued a paragraph (d)(5)(ii)(B) of this section. vessels issued scallop permits may not limited access scallop permit may fish LAGC IFQ vessels are allocated 285,715 fish for, possess, or land scallops in or no more than the maximum number of lb (130 mt) in fishing year 2010, which from the area known as the Nantucket trips in the Closed Area II Access Area, is 5 percent of the 2010 Nantucket Lightship Access Area, described in unless the vessel owner has made an Lightship Access Area TAC, after paragraph (d)(3) of this section, unless exchange with another vessel owner accounting for all applicable set-asides. transiting pursuant to paragraph (f) of whereby the vessel gains a Closed Area The TAC applies to both LAGC IFQ this section. Vessels issued both a NE II Access Area trip and gives up a trip vessels and limited access vessels with multispecies permit and an LAGC into another Sea Scallop Access Area, as LAGC IFQ permits that are fishing scallop permit may fish in an approved specified in § 648.60(a)(3)(ii), or unless under the provisions of the LAGC IFQ SAP under § 648.85 and under the vessel is taking a compensation trip permit. multispecies DAS in the scallop access for a prior Closed Area II Access Area (B) Based on the TAC specified in area, provided they comply with trip that was terminated early, as paragraph (d)(5)(ii)(A) of this section, restrictions in paragraph (d)(5)(ii)(C) of specified in § 648.60(c). The number of LAGC scallop vessels are allocated 714 this section. trips allocated to limited access vessels trips to the Nantucket Lightship Access in the Closed Area II Access Area shall (2) From March 1, 2010, through Area in fishing year 2010. This fleet- be based on the TAC for the access area, February 29, 2012, and for every 2-yr wide trip allocation applies to both which will be determined through the period after the year-long closure LAGC IFQ vessels and limited access annual framework process and specified described in paragraph (d)(1) of this vessels with LAGC IFQ permits that are in this paragraph (c)(5)(i). Closed Area section (i.e., March 1, 2013, through fishing under the provisions of the II Access Area is closed to limited February 28, 2015), and subject to the LAGC IFQ permit. The Regional access vessels for the 2010 fishing year. seasonal restrictions specified in Administrator shall notify all LAGC IFQ paragraph (d)(4) of this section, a vessel (ii) * * * scallop vessels of the date when 714 issued a scallop permit may fish for, trips have been, or are projected to be, (A) The percentage of the total Closed possess, or land scallops in or from the Area II Access Area TAC specified to be taken by providing notification in the area known as the Nantucket Lightship Federal Register, in accordance with allocated to LAGC IFQ scallop vessels Sea Scallop Access Area, described in shall be specified in this paragraph § 648.60(g)(4). Except as provided in paragraph (d)(3) of this section, only if paragraph (d)(5)(ii)(C) of this section, an (c)(5)(ii)(A) through the framework the vessel is participating in, and adjustment process and shall determine LAGC IFQ scallop vessel may not fish complies with the requirements of, the for, possess, or land sea scallops in or the number of trips allocated to IFQ area access program described in LAGC scallop vessels as specified in from the Nantucket Lightship Access § 648.60. Area, or enter the Nantucket Lightship paragraph (c)(5)(ii)(B) of this section. * * * * * The TAC applies to both LAGC IFQ Access Area on a declared LAGC IFQ (5) * * * vessels and limited access vessels with scallop trip after the effective date LAGC IFQ permits. The Closed Area II (i) Limited access vessels. Based on its published in the Federal Register, Access Area is closed to LAGC IFQ permit category, a vessel issued a unless transiting pursuant to paragraph vessels in the 2010 fishing year. limited access scallop permit may fish (f) of this section. no more than the maximum number of * * * * * (B) The Regional Administrator shall trips in the Nantucket Lightship Access (D) Scallops landed by each LAGC notify all LAGC scallop vessels of the Area, unless the vessel owner has made IFQ vessel on a Nantucket Lightship date when the maximum number of an exchange with another vessel owner Access Area trip shall count against that allowed trips for the applicable fishing whereby the vessel gains a Nantucket vessel’s IFQ. year have been, or are projected to be, Lightship Access Area trip and gives up (e) * * * taken by providing notification in the a trip into another Sea Scallop Access (4) Number of trips—(i) Limited Federal Register, in accordance with Area, as specified in § 648.60(a)(3)(ii), or access vessels. Based on its permit § 648.60(g)(4). Except as provided in unless the vessel is taking a category, a vessel issued a limited paragraph (c)(5)(ii)(C) of this section, compensation trip for a prior Nantucket access scallop permit may fish no more and subject to the seasonal restrictions Lightship Access Area trip that was than the maximum number of trips in specified in paragraph (c)(4) of this terminated early, as specified in the Elephant Trunk Sea Scallop Access section, an LAGC scallop vessel may not § 648.60(c). The number of trips Area between March 1, 2010, and fish for, possess, or land sea scallops in allocated to limited access vessels in the February 29, 2011, as specified in or from the Closed Area II Access Area, Nantucket Lightship Access Area shall § 648.60(a)(3)(i), unless the vessel owner or enter the Closed Area II Access Area be based on the TAC for the access area. has made an exchange with another on a declared LAGC scallop trip after The 2010 Nantucket Lightship Access vessel owner whereby the vessel gains the effective date published in the Area scallop TAC for limited access an Elephant Trunk Sea Scallop Access Federal Register, unless transiting scallop vessels is 5,399,985 lb (2,449 Area trip and gives up a trip into pursuant to paragraph (f) of this section. mt), after accounting for set-asides another Sea Scallop Access Area, as * * * * * applicable and LAGC IFQ TAC to the specified in § 648.60(a)(3)(ii), or unless (D) Scallops landed by each LAGC Nantucket Lightship Access Area. the vessel is taking a compensation trip IFQ vessel on a Closed Area II Access (ii) * * * for a prior Elephant Trunk Access Area

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trip that was terminated early, as § 648.60 Sea scallop area access program Delmarva Access Area; or one trip in the specified in § 648.60(c). Additionally, requirements. Nantucket Lightship Access Area and full-time scallop vessels are restricted in (a) * * * one trip in the Delmarva Access Area. the number of trips that may be taken (3) * * * (D) Occasional scallop vessels. An from June 15 through August 31, as (i) Limited access vessel trips. (A) occasional scallop vessel may take one specified in § 648.60(a)(3)(i)(B)(1). The Except as provided in paragraph (c) of trip in the Elephant Trunk Access Area, 2010 Elephant Trunk Access Area this section, paragraphs (a)(3)(i)(B) or one trip in the Nantucket Lightship scallop TAC for limited access scallop through (E) of this section specify the Access Area, or one trip in the Delmarva vessels is 10,406,727 lb (4,720 mt), after total number of trips that a limited Access Area. accounting for applicable set-asides and access scallop vessel may take into Sea (E) [Reserved] LAGC IFQ TAC. Scallop Access Areas during applicable (ii) One-for-one area access trip seasons specified in § 648.59. The exchanges. If the total number of trips (ii) LAGC IFQ scallop vessels.—(A) number of trips per vessel in any one The percentage of the Elephant Trunk allocated to a vessel into all Sea Scallop Sea Scallop Access Area may not exceed Access Areas combined is more than Access Area TAC to be allocated to the maximum number of trips allocated LAGC scallop vessels shall be specified one, the owner of a vessel issued a for such Sea Scallop Access Area as limited access scallop permit may in this paragraph (e)(4)(ii)(A) through specified in § 648.59, unless the vessel the framework adjustment process and exchange, on a one-for-one basis, owner has exchanged a trip with unutilized trips into one access area for shall determine the number of trips another vessel owner for an additional allocated to LAGC IFQ scallop vessels as another vessel’s unutilized trips into Sea Scallop Access Area trip, as another Sea Scallop Access Area. One- specified in paragraph (e)(4)(ii)(B) of specified in paragraph (a)(3)(ii) of this this section. LAGC IFQ vessels shall be for-one exchanges may be made only section, or has been allocated a between vessels with the same permit allocated 550,621 lb (248 mt) in fishing compensation trip pursuant to year 2010, which is 5 percent of the category. For example, a full-time vessel paragraph (c) of this section. may not exchange trips with a part-time 2010 Elephant Trunk Access Area TAC, (B) Full-time scallop vessels. A full- vessel, and vice versa. Vessel owners after accounting for all applicable set- time scallop vessel may take two trips must request the exchange of trips by asides. The TAC applies to both LAGC in the Elephant Trunk Access Area, one submitting a completed Trip Exchange IFQ vessels and limited access vessels trip in the Delmarva access area, and with LAGC IFQ permits that are fishing one trip in the Nantucket Lightship Form at least 15 days before the date on under the provisions of the LAGC IFQ Access Area, subject to the following which the applicant desires the permit. seasonal trip restrictions. exchange to be effective. Trip exchange forms are available from the Regional (B) Based on the TACs specified in (1) A full-time scallop vessel may not Administrator upon request. Each vessel paragraph (e)(4)(ii)(A) of this section, take more than two of its three allocated owner involved in an exchange is LAGC IFQ vessels are allocated a total scallop access area trips during the required to submit a completed Trip of 1,377 trips in the Elephant Trunk period June 15 through August 31, or Exchange Form. The Regional Access Area in fishing year 2010. This may not fish for, possess, or retain more Administrator shall review the records fleet-wide trip allocation applies to both than a combined total of 36,000 lb for each vessel to confirm that each LAGC IFQ vessels and limited access (16,329 kg) of scallops, the equivalent of vessel has unutilized trips remaining to vessels with LAGC IFQ permits that are two full trip possession limits specified exchange. The exchange is not effective fishing under the provisions of the in § 648.60(a)(5)(i)(A), during this time until the vessel owner(s) receive a LAGC IFQ permit. The Regional period from the Delmarva and Elephant confirmation in writing from the Administrator shall notify all LAGC IFQ Trunk Access Areas specified in Regional Administrator that the trip scallop vessels of the date when the § 648.59(a) and (e). For example, a full- exchange has been made effective. A maximum number of allowed trips have time vessel may declare up to two trips vessel owner may exchange trips been, or are projected to be taken by in the Elephant Trunk Access Area or between two or more vessels under his/ providing notification in the Federal up to one trip in the Elephant Trunk her ownership. A vessel owner holding Register, in accordance with Access Area and one trip in Delmarva a Confirmation of Permit History is not § 648.60(g)(4). An LAGC IFQ scallop Access Area during June 15 through eligible to exchange trips between vessel may not fish for, possess, or land August 31. The remaining access area another vessel and the vessel for which sea scallops in or from the Elephant trips may be taken during the remainder a Confirmation of Permit History has Trunk Access Area, or enter the of the fishing year, subject to the been issued. Elephant Trunk Access Area on a seasonal closures described under declared LAGC IFQ scallop trip after the § 648.59(a)(3) and (e)(3). This restriction * * * * * effective date published in the Federal does not include the additional (5) Possession and landing limits—(i) Register, unless transiting pursuant to possession allowance to defray the cost Scallop possession limits. Unless paragraph (f) of this section. of carrying an observer as specified in authorized by the Regional Administrator, as specified in (C) Scallops landed by each LAGC § 648.60(d) that occur during observed trips between June 15 through August paragraphs (c) and (d) of this section, IFQ vessel on an Elephant Trunk Access after declaring a trip into a Sea Scallop Area trip shall count against that 31. (2) [Reserved] Access Area, a vessel owner or operator vessel’s IFQ. (C) Part-time scallop vessels. A part- of a limited access scallop vessel may * * * * * time scallop vessel is allocated two trips fish for, possess, and land, per trip, 9. In § 648.60, paragraphs (a)(3)(iii), that may be distributed between access scallops, up to the maximum amounts (a)(5)(iv), and (c)(5)(iv) are removed and areas as follows: Two trips in the specified in the table in this paragraph reserved; paragraph (c)(5)(ii)(A) is Elephant Trunk Access Area; one trip in (a)(5). A part-time or occassional limited added; paragraph (c)(5)(ii)(B) is added the Elephant Trunk Access Area and access vessel that lawfully fishes for, and reserved; and paragraphs (a)(3)(i), one trip in the Nantucket Lightship possesses, and lands an amount of (a)(3)(ii), (a)(5)(i), (c)(5)(v), (d)(1), (e)(1), Access Area; one trip in the Elephant scallops greater than specified in this and (g) are revised to read as follows: Trunk Access Area and one trip in the section in the 2010 fishing year shall

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have the excess pounds landed above Delmarva Access Areas, combined, from between June 15 through August 31. No the possession limit specified in this trips taken between June 15 and August vessel declared into the Access Areas as paragraph (a)(5) deducted from that 31. This landing restriction does not described in § 648.59(a) through (e) may vessel’s 2011 possession limit. A full- include the additional possession possess more than 50 bu (17.62 hL) of time vessel shall not fish for, possess, or allowance to defray the cost of carrying in-shell scallops outside of the Access retain more than 36,000 lb (16,329 kg) an observer as specified in § 648.60(d) Areas described in § 648.59(a) through of scallops from the Elephant Trunk and that occur during observed trips (e).

Permit category possession limit Fishing year Full-time Part-time Occasional

2010 ...... 18,000 lb ...... 14,400 lb ...... 6,000 lb (8,165 kg) ...... (6,532 kg) ...... (2,722 kg)

* * * * * then the additional compensation trip and provided the vessel complies with (c) * * * authorization would expire at the end of the requirements specified in (5) * * * the Access Area Season in which the paragraphs (a)(1), (a)(2), (a)(6) through (ii) * * * trip was broken. For example, a vessel (a)(9), (d), (e), (f), and (g) of this section, (A) Pursuant to § 648.60(a)(3)(i)(B)(1), that terminates a Closed Area II trip on and § 648.85(c)(3)(ii). A vessel issued a full-time vessel may not take a December 10, 2009, may not carry its both a NE Multispecies permit and an compensation trip based on a single or additional compensation trip into the LAGC scallop permit may fish in an multiple terminated trip(s) during the 2010 fishing year because Closed Area approved SAP under § 648.85 and under period June 15 through August 31 if the II is not open during the 2010 fishing multispecies DAS in the Closed Area I, compensation trip would allow a vessel year, and must complete any Closed Area II, and Nantucket Lightship to land more than 36,000 lb (16,329 kg), compensation trip by January 31, 2010. Sea Scallop Access Areas specified in the equivalent of two full access area (d) Possession limit to defray costs of § 648.59(b) through (d), provided the trips, during the period June 15 through observers—(1) Observer set-aside limits vessel complies with the requirements August 31, in the Elephant Trunk by area—(i) Nantucket Lightship Access specified in § 648.59(b)(5)(ii), (c)(5)(ii), Access Area and Delmarva Access Area Area. For the 2010 fishing year, the and (d)(5)(ii), and this paragraph (g), but combined. For example, a vessel that observer set-aside for the Nantucket may not fish for, possess, or land terminated a trip in the Delmarva Lightship Access Area is 58,910 lb (27 scallops on such trips. Access Area on June 1, 2010, and mt). (2) Gear restrictions. An LAGC IFQ intends to declare two full trips in the (ii) [Reserved] scallop vessel authorized to fish in the Elephant Trunk Access Area access area (iii) Elephant Trunk Access Area. For Access Areas specified in § 648.59(a) from June 15 through August 31, must the 2010 fishing year, the observer set- through (e) must fish with dredge gear wait to fish its compensation trip in the aside for the Elephant Trunk Access only. The combined dredge width in use Delmarva Access Area until November Area is 113,530 lb (52 mt). by, or in possession on board of, an 1, 2010. (iv) Delmarva Access Area. For the LAGC scallop vessel fishing in the (B) [Reserved] 2010 fishing year, the observer set-aside Access Areas described in § 648.59(a) * * * * * for the Delmarva Access Area is 58,850 through (e) may not exceed 10.5 ft (3.2 (v) Additional compensation trip lb (27 mt). m), measured at the widest point in the carryover. If an Access Area trip * * * * * bail of the dredge. conducted during the last 60 days of the (e) * * * (3) LAGC IFQ Access Area Trips. An open period or season for the Access (1) Research set-aside limits and LAGC scallop vessel authorized to fish Area is terminated before catching the number of trips by area —(i) Nantucket in the Access Areas specified in allowed possession limit, and the Lightship Access Area. For the 2010 § 648.59(a) through (e) may land requirements of paragraph (c) of this fishing year, the research set-aside for scallops, subject to the possession limit section are met, the vessel operator shall the Nantucket Lightship Access Area is specified in § 648.52(a), unless the be authorized to fish an additional trip 117,820 lb (53 mt). Regional Administrator has issued a as compensation for the terminated trip (ii) [Reserved] notice that the number of LAGC IFQ in the following fishing year. The vessel (iii) Elephant Trunk Access Area. For access area trips specified in owner/operator must take such the 2010 fishing year, the research set- § 648.59(a)(3)(ii), (b)(5)(ii), (c)(5)(ii), additional compensation trips, aside for the Elephant Trunk Access (d)(5)(ii), and (e)(4)(ii) have been or are complying with the trip notification Area is 277,060 lb (126 mt). projected to be taken. Upon a procedures specified in paragraph (iv) Delmarva Access Area. For the determination from the Regional (a)(2)(iii) of this section, within the first 2010 fishing year, the research set-aside Administrator that the total number of 60 days of that fishing year the Access for the Delmarva Access Area is 117,700 LAGC IFQ trips in a specified Access Area first opens in the subsequent lb (53 mt). Area have been or are projected to be fishing year. For example, a vessel that * * * * * taken, the Regional Administrator shall terminates an Elephant Trunk Access (g) Limited Access General Category publish notification of this Area trip on December 29, 2010, must Vessels. (1) An LAGC scallop vessel determination in the Federal Register, declare that it is beginning its additional may only fish in the scallop access areas in accordance with the Administrative compensation trip during the first 60 specified in § 648.59(a) through (e), Procedure Act. Once this determination days that the Elephant Trunk Access subject to the seasonal restrictions has been made, an LAGC IFQ scallop Area is open (March 1, 2011, through specified in § 648.59(a)(4), (b)(4), (c)(4), vessel may not fish for, possess, or land April 29, 2011). If an Access Area is not (d)(4), and (e)(3), and subject to the scallops in or from the specified Access open in the subsequent fishing year, possession limit specified in § 648.52(a), Area after the effective date of the

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notification published in the Federal DEPARTMENT OF COMMERCE fields, if you wish to remain Register. anonymous). You may submit National Oceanic and Atmospheric (i) [Reserved] attachments to electronic comments in Administration Microsoft Word, Excel, WordPerfect, or (ii) [Reserved] Adobe PDF file formats only. (iii) [Reserved] 50 CFR Part 648 Copies of the recreational (iv) [Reserved] [Docket No. 0907211158–91159–01] management measures document, including the Environmental (4) Possession Limits. (i) Scallops. A RIN 0648–AY04 Assessment, Regulatory Impact Review, vessel issued a NE multispecies permit and Initial Regulatory Flexibility Fisheries of the Northeastern United and a general category scallop permit Analysis (EA/RIR/IRFA) and other States; Recreational Management that is fishing in an approved SAP supporting documents for the Measures for the Summer Flounder, under § 648.85 under multispecies DAS recreational management measures are Scup, and Black Sea Bass Fisheries; and that has not enrolled in the LAGC available from Daniel Furlong, Fishing Year 2010 Access Area fishery, is prohibited from Executive Director, Mid-Atlantic possessing scallops. An LAGC scallop AGENCY: National Marine Fisheries Fishery Management Council, 800 N. vessel authorized to fish in the Access Service (NMFS), National Oceanic and State Street, Suite 201, Dover, DE 19901. Areas specified in § 648.59(a) through Atmospheric Administration (NOAA), These documents are also accessible via (e) may possess scallops up to the Commerce. the Internet at http:// possession limit specified in § 648.52(a). ACTION: Proposed rule; request for www.nero.noaa.gov. (ii) Other species. Unless issued an comments. FOR FURTHER INFORMATION CONTACT: Michael Ruccio, Fishery Policy Analyst, LAGC scallop permit and fishing under SUMMARY: NMFS proposes management an approved NE multispecies SAP measures for the 2010 summer flounder, (978) 281–9104. under NE multispecies DAS, an LAGC scup, and black sea bass recreational SUPPLEMENTARY INFORMATION: IFQ vessel fishing in the Access Areas fisheries. The implementing regulations Background specified in § 648.59(a) through (e) is for these fisheries require NMFS to prohibited from possessing any species publish recreational measures for the The summer flounder, scup, and of fish other than scallops and fishing year and to provide an black sea bass fisheries are managed cooperatively under the provisions of monkfish, as specified in § 648.94(c)(8). opportunity for public comment. The the Summer Flounder, Scup, and Black (5) Number of trips. An LAGC IFQ intent of these measures is to prevent overfishing of the summer flounder, Sea Bass Fishery Management Plan scallop vessel may not fish for, possess, scup, and black sea bass resources. (FMP) developed by the Mid-Atlantic or land scallops in or from the Access Fishery Management Council (Council) DATES: Comments must be received by Areas specified in § 648.59(a) through and the Atlantic States Marine Fisheries 5 p.m. local time, on May 27, 2010. (e) after the effective date of the Commission (Commission), in ADDRESSES: notification published in the Federal You may submit comments, consultation with the New England and identified by 0648–AY04, by any one of Register, stating that the total number of South Atlantic Fishery Management the following methods: Councils. The management units trips specified in § 648.59(a)(3)(ii), • Electronic Submissions: Submit all specified in the FMP include summer (b)(5)(ii), (c)(5)(ii), (d)(5)(ii), and electronic public comments via the flounder (Paralichthys dentatus) in U.S. (e)(4)(ii) have been, or are projected to Federal eRulemaking Portal http:// be, taken by LAGC IFQ scallop vessels. www.regulations.gov waters of the Atlantic Ocean from the southern border of North Carolina (NC) 10. In § 648.62, paragraph (b)(1) is • Fax: (978) 281–9135, Attn: northward to the U.S./Canada border, revised to read as follows. Comments on 2010 Summer Flounder, Scup, and Black Sea Bass Recreational and scup (Stenotomus chrysops) and § 648.62 Northern Gulf of Maine (NGOM) Management Measures, 0648–AY04 black sea bass (Centropristis striata) in scallop management area. • Mail and hand delivery: Patricia A. U.S. waters of the Atlantic Ocean from ° ′ * * * * * Kurkul, Regional Administrator, NMFS, 35 E. 13.3 N. lat. (the latitude of Cape Northeast Regional Office, 55 Great Hatteras Lighthouse, Buxton, NC) (b) * * * Republic Drive, Gloucester, MA 01930. northward to the U.S./Canada border. (1) NGOM TAC. The TAC for the Mark the outside of the envelope: The Council prepared the FMP under NGOM is 70,000 lb (31.8 mt) for the ‘‘Comments on 2010 Summer Flounder, the authority of the Magnuson-Stevens 2010 fishing year. Scup, and Black Sea Bass Recreational Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. * * * * * Measures, 0648–AY04.’’ [FR Doc. 2010–9728 Filed 4–26–10; 8:45 am] Instructions: No comments will be 1801 et seq. Regulations implementing posted for public viewing until after the the FMP appear at 50 CFR part 648, BILLING CODE 3510–22–P comment period has closed. All subparts A (general provisions), G comments received are a part of the (summer flounder), H (scup), and I public record and will generally be (black sea bass). General regulations posted to http://www.regulations.gov governing U.S. fisheries also appear at without change. All Personal Identifying 50 CFR part 600. States manage summer Information (for example, name, flounder within 3 nautical miles of their address, etc.) voluntarily submitted by coasts, under the Commission’s plan for the commenter may be publicly summer flounder, scup, and black sea accessible. Do not submit Confidential bass. The Federal regulations govern Business Information or otherwise vessels fishing in Federal waters of the sensitive or protected information. exclusive economic zone (EEZ), as well NMFS will accept anonymous as vessels possessing a Federal fisheries comments (enter N/A in the required permit, regardless of where they fish.

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The FMP established Monitoring landings projection data are based on measures implemented by the state in Committees (Committees) for the three data from the Marine Recreational which they land summer flounder, fisheries, consisting of representatives Fisheries Statistics Survey (MRFSS) rather than the coastwide measures. from the Commission, the Council, state Waves 1–4 (January-August) unless In addition, the Council and the marine fishery agency representatives otherwise indicated. Board must recommend precautionary from MA to NC, and NMFS. The FMP default measures when recommending Summer Flounder and its implementing regulations conservation equivalency. The require the Committees to review Recreational landings for 2009 were Commission would require adoption of scientific and other relevant information estimated to have been 6.40 million lb the precautionary default measures by annually and to recommend (2,903 mt) and were 12 percent below any state that either does not submit a management measures necessary to the 2009 recreational harvest limit of summer flounder management proposal achieve the recreational harvest limits 7.16 million lb (2,248 mt). The 2010 to the Commission’s Summer Flounder established for the summer flounder, coastwide harvest limit is 8.59 million Technical Committee (Technical scup, and black sea bass fisheries for the lb (3,896 mt), a 20–percent increase Committee), or that submits measures upcoming fishing year. The FMP limits from the 2009 harvest limit. The that would not exceed the harvest limit these measures to minimum fish size, Council and Commission have for that state. The precautionary default possession limit, and fishing season. recommended the use of conservation measures are defined as the set of The Council’s Demersal Species equivalency to manage the 2010 measures that would not exceed the Committee, and the Commission’s summer flounder recreational fishery. harvest limit for any state on a Summer Flounder, Scup, and Black Sea NMFS implemented Framework coastwide basis. Bass Management Board (Board) then Adjustment 2 to the FMP (Framework In previous years when conservation consider the Committees’ Adjustment 2) on July 29, 2001 (66 FR equivalency has been jointly recommendations and any public 36208), which established a process that recommended by the Council and comment in making their makes conservation equivalency an Commission, NMFS has provided a recommendations to the Council and option for the summer flounder description of the management targets, the Commission, respectively. The recreational fishery. Conservation technical, and other Commission- Council then reviews the equivalency allows each state to imposed requirements for states to recommendations of the Demersal establish its own recreational follow when designing state-specific Species Committee, makes its own management measures (possession equivalent measures. The process that recommendations, and forwards them to limits, minimum fish size, and fishing results in selection of appropriate data NMFS for review. The Commission seasons) to achieve its state harvest limit and analytic techniques for technical similarly adopts recommendations for provided by the Commission, as long as review of potential state conservation the states. NMFS is required to review the combined effect of all of the states’ equivalent measures and the process by the Council’s recommendations to management measures achieves the which the Commission evaluates and ensure that they are consistent with the same level of conservation as would recommends proposed conservation targets specified for each species in the Federal coastwide measures developed equivalent measures is wholly a FMP before ultimately implementing to achieve the overall recreational function of the Commission and its measures for Federal waters. harvest limit, if implemented by all of individual member states. Inclusion of Quota specifications for the 2010 the states. such descriptions may add confusion summer flounder, scup, and black sea The Council and Board recommend and imply that the development, bass fisheries were published on that either on an annual basis state- evaluation, and recommendation December 22, 2009 (74 FR 67978), and specific recreational measures be process is part of the combined Council became effective January 1, 2010. The developed (conservation equivalency) or and NMFS responsibilities of the black sea bass specifications (i.e., coastwide management measures be conservation equivalency system. recreational harvest limit and implemented by all states to ensure that Individuals seeking information commercial quota) were increased by the recreational harvest limit will not be regarding the specific state measure emergency rule on February 10, 2010 exceeded. Even when the Council and development process or the Commission (75 FR 6586). Based on the Board recommend conservation process should contact the marine specifications, the 2010 coastwide equivalency, the Council must specify a fisheries agency in the state of interest, recreational harvest limits are 8,586,440 set of coastwide measures that would the Commission, or both. lb (3,896 mt) for summer flounder, apply if conservation equivalency is not Once states select their final 2010 3,011,074 lb (1,366 mt) for scup, and approved for use in Federal waters. summer flounder management measures 1,830,390 lb (830 mt) for black sea bass. If conservation equivalency is through their respective development, The specification rules did not establish recommended, and following analytical, and review processes and recreational measures, in large part confirmation that the proposed state submit them to the Commission, the because a substantial portion of 2009 measures developed through the Commission will conduct further recreational catch data was not yet Commission’s technical and policy independent review and evaluation of available when the Council made its review processes achieve conservation the state-submitted proposals, recreational harvest limit equivalency, NMFS may waive the ultimately notifying NMFS as to which recommendation to NMFS. permit condition found at § 648.4(b), individual state proposals have been All minimum fish sizes discussed which requires federally permitted approved or disapproved. NMFS has no hereafter are total length measurements vessels to comply with the more input or authority in the state or of the fish, i.e., the straight-line distance restrictive management measures when Commission management measure from the tip of the snout to the end of state and Federal measures differ. In development and review process. the tail while the fish is lying on its such a situation, federally permitted However, NMFS retains the final side. For black sea bass, total length charter/party permit holders and authority either to approve or to measurement does not include the recreational vessels fishing for summer disapprove the use of conservation caudal fin tendril. All possession limits flounder in the EEZ would then be equivalency in place of the coastwide discussed below are per person. All subject to the recreational fishing measures, and will publish its

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determination as a final rule in the higher. The Council’s recommendation estimated to have been between 1.94 Federal Register to establish the 2010 was made in early December and, and 3.31 million lb (882 and 1,501 mt), recreational measures for these fisheries. subsequent to the Council’s based on evaluation of actual landings States that do not submit conservation recommendation, and subsequent data through August and projections of equivalency proposals, or whose additional analysis of the 2009 final 2009 landings. Either scenario proposals are disapproved by the recreational landings has been exceeds the 2009 recreational harvest Commission, will be required by the conducted by a technical working group limit of 1.14 million lb (517 mt). NMFS Commission to adopt the precautionary at the request of the Council, implemented an emergency rule (74 FR default measures. In the case of states Commission, and NMFS. The working 51092; October 5, 2009) to close Federal that are initially assigned precautionary group was tasked to re-examine a waters of the EEZ to black sea bass default measures, but subsequently specific situation regarding anomalies recreational fishing for a period of 180 receive Commission approval of revised from the MRFSS Wave 4 Massachusetts days, based on recreational landings state measures, NMFS will publish a party vessel sector estimate. The data through August 2009, because of notice in the Federal Register analysis conducted by this working the magnitude of the overage. When the announcing a waiver of the permit group resulted in a revised Wave 4 closure was implemented in October condition at § 648.4(b). estimate that changed the level of 2009, the 2010 recreational harvest limit The precautionary default measures reduction from 2009 landing levels had not yet been finalized, development recommended by the Council and Board required for 2010 from 35 to 30 percent. of recreational management measures during their joint December 2009 As a result, the Council’s preferred had not yet begun, and data on final meeting are for a 21.5–inch (54.61–cm) alternative for an 11.0–inch (27.94–cm) recreational landings for 2009 were minimum fish size, a possession limit of minimum fish size, a 10–fish per person incomplete. While issuing the closure, two fish, and an open season of May 1 possession limit, and open fishing NMFS anticipated that the magnitude of through September 30, 2010. seasons of January 1–February 28 and the 2009 overage was such that a As described above, for each fishing June 12–September 26 is more reduction in landings from 2009 levels year, NMFS implements either restrictive than necessary to remain in 2010 would be likely. Thus, the coastwide measures or conservation within the 2010 recreational harvest fishery was closed for 180 days, as equivalent measures at the final rule limit. opposed to implementing a closure stage. The coastwide measures The Council also considered an through the end of the fishing year, recommended by the Council and Board alternative that is projected to provide December 31, 2009. It was expected that for 2010 are a 19.5–inch (49.53–cm) the revised 30–percent reduction from in the interim between the start of the minimum fish size, a possession limit of 2009 landings in 2010: A 10.5–inch closure on October 5, 2009, and the end two fish, and an open season from May (26.67–cm) minimum fish size; a 10– of the 180-day closure period, the 1 to September 30, 2010. fish per person possession limit; and an typical process for establishing both the In this action, NMFS proposes to open season of June 6–September 26. 2010 recreational harvest limit and implement conservation equivalency Consistent with the revised catch recreational management measures with a precautionary default backstop, analysis for 2009, NMFS proposes to would occur. However, the process has as previously outlined, for states that implement the Council’s non-preferred been atypical, for the following reasons. either fail to submit conservation suite of measures that achieve the 30– In December 2009, the Council and equivalent measures or whose measures precent reduction in 2010 landings from are not approved by the Commission. 2009 levels for Federal waters in the Commission developed recommended NMFS proposes the non-preferred 2010 scup recreational fishery: A 10.5– management measures for the 2010 alternative of coastwide measures, as inch (26.67–cm) minimum fish size; a recreational fishery. The measures were previously described, for use if 10–fish per person possession limit; and designed to achieve a 66–percent conservation equivalency is not an open season of June 6–September 26. reduction in landings from projected approved in the final rule. The NMFS acknowledges that the 2009 levels, which was consistent with coastwide measures would be waived if Commission meeting has indicated its the black sea bass recreational harvest conservation equivalency is approved in intent to continue managing the limit of 1,137,810 lb (516 mt) that had the final rule. recreational scup fishery through a been adopted by the Council and Commission-based conservation Commission in August 2009. The 66– Scup equivalency program that has no percent reduction was calculated using The 2010 scup recreational harvest comparable measures in the Federal 2009 landings data from Waves 1–4 limit is 3.01 million lb (1,366 mt), a 16– FMP. Preliminary information presented (January-August), and projected percent increase from the 2009 during the February 2010 Commission landings for Waves 5 and 6 (September- recreational harvest limit of 2.59 million indicated that the Commission’s 2010 December), as data for Waves 5 and 6 lb (1,175 mt). Recreational landings in scup recreational measures for state were not available at the time the 2009 are estimated to have been 4.01 waters may differ from the measures of Council and Commission met. million lb (1,819 mt), exceeding the this proposed rule. Very little of the On December 22, 2009, NMFS recreational harvest limit by 55 percent. scup recreational harvest comes from published a final rule implementing the Because of this overage, recreational the Federal waters of the EEZ. The total specifications for the 2010 fishing year. landings must be reduced by 30 percent scup recreational harvest from Federal These specifications, effective January 1, from 2009 levels for the 2010 fishery to waters for 2008 was approximately 4 2010, included total allowable landings stay within the established recreational percent. (TAL) for black sea bass of 2.3 million harvest limit. lb (1,043 mt), of which 1,137,810 lb (516 However, the Council initially Black Sea Bass mt) was allocated to the recreational recommended measures that would The process for 2010 black sea bass fishery as the recreational harvest limit. reduce 2010 landings by 35 percent to recreational management measures has This TAL and recreational harvest limit remain within the 2010 recreational been complicated by many unusual, and was consistent with the August 2009 harvest limit based on a preliminary at times, unforeseeable events. recommendations of the Council and landings estimate that was slightly Recreational landings in 2009 were Commission.

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In early January 2010, the Council’s The projection methodology utilized cm), possession limit of 25 fish per Scientific and Statistical Committee by both the Council and Commission person, and season starting date of May (SSC) convened to reconsider its that indicated a 44–percent reduction in 22, 2010. The final season length will be previous recommendations regarding landings was necessary used 2008 Wave determined by the updated analysis of the Acceptable Biological Catch (ABC) 6 data and assumed that the EEZ closure final 2009 landings data and for black sea bass for the 2010 fishing had no effect on landings during the implemented in the final rule for this year. The SSC concluded that the ABC October 5–December 31 period (i.e., action, following analysis and public for black sea bass could be increased partial Wave 5 and all of Wave 6). This comment. from 2.71 million lb (1,229 mt) to 4.5 assumption was reasonable at the time, It is not practicable to hold this million lb (2,041 mt), which was given that: (1) The Council and proposed rule for 2010 black sea bass consistent with catch levels established Commission anticipated that some recreational management measures until for 2008. amount of landings would continue to after final 2009 landings data are In response, on January 15, 2010, the occur in state waters that remained available. In regards to season length, Council submitted a letter to NMFS open; and (2) preliminary Wave 5 data NMFS will consider the amount of requesting that the agency take were expected to be available in mid- potential liberalization possible based emergency action to increase the black December to provide a more informed on the final 2009 landings data and will, sea bass TAL for 2010 consistent with assessment of the closure impacts. to the extent practicable, extend the the revised ABC. The letter requested However, issues related to the adequacy fishing season from May 22 onward. that NMFS increase both the 2010 of survey sample size for the 2009 Wave Under the Council’s current preferred commercial quota and recreational 5 sampling period required additional alternative, a 44–percent reduction in harvest limit for black sea bass. analyses to be conducted by the NMFS landings is provided by a May 22– On February 10, 2010, in response to Office of Science and Technology to August 8 and September 4–October 4 the Council’s request, NMFS published ensure suitability of the 2009 Wave 5 fishing season; therefore, liberalization an emergency rule to increase the 2010 estimate. Final data for Wave 5 are could involve the addition of days from black sea bass TAL from 2.3 million lb expected in mid-April 2010. August 9–September 3 and/or from (1,043 mt) to 3.7 million lb (1,678 mt), NMFS has conducted additional October 5 onward, as permitted by any and to increase the recreational harvest analysis of the 2009 projected landings, revision to the required reduction in limit to 1,830,390 lb (830 mt). making use of the preliminary 2009 2010 landings resulting from final 2009 Wave 6 data and modifying the In mid-February 2010, the landings data analysis. Through this assumptions regarding black sea bass Commission and Council met separately proposed rule, NMFS is requesting landings during the October 5–31, 2009, to reconsider the recreational fishery specific comment from the Council, EEZ closure timeframe. It is evident management measures developed in Commission, and interested public on from this analysis that the 2009 black how to best extend the fishing season, December 2009. The measures adopted sea bass landings are lower than should the final analysis warrant that. in December 2009 were designed to previously projected; however, in the The full extent of potential season achieve a 66–percent reduction in black multiple projection scenarios length will not be known until final sea bass landings relative to 2009, but conducted, the 2009 recreational harvest 2009 landings data can be analyzed. with the increased recreational harvest limit was still exceeded and a reduction NMFS expects that a final rule to limit implemented in the emergency in 2010 landings still appears to be implement the 2010 black sea bass rule, only a 44–percent reduction necessary. These alternative projections recreational season will be issued and appeared necessary. Both the Council suggest that the percent reduction in and Commission retained the status quo landings from 2009 levels is less than effective well in advance of the minimum fish size of 12.5 inches (31.75 the 44 percent in the Council and Commission’s recommended August 8, cm) and 25–fish bag limit, but the two Commission projection analysis. 2010, mid-season closure. groups adopted different seasons. The To ensure that final 2010 black sea Classification Commission adopted a single season bass recreational management measures from May 22–September 12, and the are promulgated in a timely fashion and Pursuant to section 304(b)(1)(A) of the Council recommended a split season make use of the best available Magnuson-Stevens Act, the Assistant from May 22–August 8 and September information regarding 2009 landings, Administrator has determined that this 4–October 4. Both sets of measures are NMFS is proposing the following course proposed rule is consistent with the projected to achieve a 44–percent of concurrent actions: Summer Flounder, Scup, and Black Sea reduction in landings. 1. NMFS has extended the existing Bass FMP, other provisions of the Information on final 2009 black sea recreational fishery closure in the EEZ Magnuson-Stevens Act, and other bass recreational total landings are not until 11:59 p.m., May 21, 2010. This applicable law, subject to further yet available. However, since the will ensure that the 2010 recreational consideration after public comment. Council and Commission reconsidered fishery will begin no earlier than the This proposed rule has been 2010 black sea bass recreational Council and Commission preferred start determined to be not significant for management measures based on a 44– date of May 22, 2010. purposes of Executive Order 12866. percent reduction in landings, the 2. NMFS will analyze 2009 Wave 5 An IRFA was prepared, as required by preliminary 2009 MRFSS Wave 6 and final 2009 black sea bass section 603 of the Regulatory Flexibility (November-December) data have recreational landings data as soon as Act (RFA). The IRFA describes the become available. The EEZ was closed they are available. These data are economic impact this proposed rule, if for the entire 2009 Wave 6 period, and expected in mid-April. Using these data adopted, would have on small entities. landings from 2009 Wave 6 are 75 will provide the best information A description of the action, why it is percent lower than 2008 Wave 6 possible on the amount of reduction being considered, and the legal basis for landings. The EEZ was also closed from required in the 2010 fishery. this action are contained in the October 5–31, 2009, during Wave 5 3. NMFS proposes to implement the preamble and in the SUMMARY of this (September-October), but data on Wave Council and Commission-recommended proposed rule. A summary of the 5 are not yet available. minimum fish size of 12.0 inches (31.75 analysis follows. A copy of the complete

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IRFA is available from the Council (see NMFS’s RFA guidance recommends the proposed measures discourage trip- ADDRESSES). assessing changes in profitability as a taking behavior among some of the This proposed rule does not result of proposed measures, the affected anglers, economic losses may duplicate, overlap, or conflict with other quantitative impacts were instead accrue to the party/charter vessel Federal rules. The proposed action evaluated using changes in party/charter industry in the form of reduced access could affect any recreational angler who vessel revenues as a proxy for fees. On the other hand, if the proposed fishes for summer flounder, scup, or profitability. This is because reliable measures do not have a negative impact black sea bass in the EEZ or on a party/ cost and revenue information is not on the value or satisfaction the affected charter vessel issued a Federal permit available for charter/party vessels at this anglers derive from their fishing trips, for summer flounder, scup, and/or black time. Without reliable cost and revenue party/charter revenues would remain sea bass. However, the only regulated data, profits cannot be discriminated unaffected by this action. In an attempt entities affected by this action are party/ from gross revenues. As reliable cost to estimate the potential changes in charter vessels issued a Federal permit data become available, impacts to gross revenues to the party/charter for summer flounder, scup, and/or black profitability can be more accurately vessel industry in each state, two sea bass, and so the IRFA focuses upon forecast. Similarly, changes to long-term hypothetical scenarios were considered: the expected impacts on this segment of solvency were not assessed, due both to A 25–percent reduction and a 50– the affected public. These vessels are all the absence of cost data and because the percent reduction in the number of considered small entities for the recreational management measures fishing trips that are predicted to be purposes of the RFA, i.e., businesses in change annually according to the affected by implementation of the the recreational fishery with gross specification-setting process. Effects of management measures in the Northeast revenues of up to $6.5 million. These the various management measures were (ME through NC) in 2010. small entities can be specifically analyzed by employing quantitative Total economic losses to party/charter identified in the Federal vessel permit approaches, to the extent possible. vessels were then estimated by database and would be impacted by the Where quantitative data were not multiplying the number of potentially recreational measures, regardless of available, qualitative analyses were affected trips in each state in 2010, whether they fish in Federal or state utilized. Management measures under the two hypothetical scenarios, waters. Although fishing opportunities proposed under the summer flounder by the estimated average access fee of by individual recreational anglers may conservation equivalency alternative $62.38 paid by party/charter anglers in be impacted by this action, they are not (Summer Flounder Alternative 1) have the Northeast in 2009. Finally, total considered small entities under the yet to be adopted; therefore, potential economic losses were divided by the RFA. losses under this alternative could not number of federally permitted party/ The Council estimated that the be analyzed in conjunction with various charter vessels that participated in the proposed measures could affect any of alternatives proposed for scup and black summer flounder fisheries in 2009 in the 948 vessels possessing a Federal sea bass. Since conservation each state (according to homeport state charter/party permit for summer equivalency allows each state to tailor in the Northeast Region Permit flounder, scup, and/or black sea bass in specific recreational fishing measures to Database) to obtain an estimate of the 2009, the most recent year for which the needs of that state, while still average projected gross revenue loss per complete permit data are available. achieving conservation goals, it is likely party/charter vessel in 2010. The However, only 328 vessels reported that the measures developed under this analysis assumed that angler effort and active participation in the recreational alternative, when considered in catch rates in 2010 will be similar to summer flounder, scup, and/or black combination with the measures 2009. sea bass fisheries in 2008, the most proposed for scup and black sea bass, The Council noted that this method is recent year for which complete fishing would have fewer overall adverse effects likely to overestimate the potential vessel trip reports (i.e., logbooks) are than any of the other combinations that revenue losses that would result from available. were analyzed. implementation of the proposed In the IRFA, the no-action alternative Impacts for other combinations of measures in these three fisheries for (i.e., maintenance of the regulations as alternatives were examined by first several reasons. First, the analysis likely codified) is defined as implementation estimating the number of angler trips overestimates the potential revenue of the following: (1) For summer aboard party/charter vessels in each impacts of these measures because some flounder, coastwide measures of a 20– state in 2009 that would have been anglers would continue to take party/ inch (50.8–cm) minimum fish size, a 2– affected by the proposed 2010 charter vessel trips, even if the fish possession limit, and a season from management measures. All 2009 party/ restrictions limit their landings. Also, May 1 through September 30; (2) for charter fishing trips that would have some anglers may engage in catch and scup, a 10.5–inch (26.67–cm) minimum been constrained by the proposed 2010 release fishing and/or target other fish size, a 15–fish possession limit, and measures in each state were considered species. It was not possible to estimate open seasons of January 1 through to be affected trips. MRFSS data the sensitivity of anglers to specific February 28, and October 1 through indicate that anglers took 34.66 million management measures. Second, the October 31; and (3) for black sea bass, fishing trips in 2009 in the Northeastern universe of party/charter vessels that a 12–inch (30.48–cm) minimum size, a U.S., and that party/charter anglers participate in the fisheries is likely to be 25–fish possession limit, and an open accounted for 1.41 million of the angler even larger than presented in these season of January 1 through December fishing trips, private/rental boat trips analyses, as party/charter vessels that do 31. accounted for 17.34 million angler not possess a Federal summer flounder, The impacts of the proposed action on fishing trips, and shore trips accounted scup, or black sea bass permit because small entities (i.e., federally permitted for 15.91 million recreational angler they fish only in state waters are not party/charter vessels in each state in the fishing trips. represented in the analyses. Considering Northeast region) were analyzed, There is very little empirical evidence the large proportion of landings from assessing potential changes in gross available to estimate how the party/ state waters (e.g., more than 97 percent revenues for all 24 combinations of charter vessel anglers might be affected of summer flounder and 96 percent of alternatives proposed. Although by the proposed fishing regulations. If scup landings in 2008, respectively), it

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is probable that some party/charter Because states have a choice of measures throughout the EEZ. As vessels fish only in state waters and, developing specific measures in the described earlier in the preamble, a thus, do not hold Federal permits for Commission’s conservation equivalency conservation equivalent program is these fisheries. Third, economic losses process, it is expected that the states utilized by the Commission to manage are estimated under two hypothetical would adopt conservation equivalent state waters. Federally permitted scenarios: (1) A 25–percent; and (2) a measures that result in fewer adverse charter/party permit holders and 50–percent reduction in the number of economic impacts than the more recreational vessels fishing for scup in fishing trips that are predicted to be restrictive proposed precautionary the EEZ then would be subject to the affected by implementation of the default measures (i.e., 21.5–inch (54.61– recreational fishing measures management measures in the Northeast cm) minimum fish size, a possession implemented by NMFS; charter/party in 2010. Reductions in fishing effort of limit of two fish, and an open season of vessels participating solely in state this magnitude in 2010 are not likely to May 1 through September 30, 2010). waters without a Federal permit would occur, given the fact that the proposed The precautionary default is a sub- be subject to the provisions adopted by measures do not prohibit anglers from alternative that may be implemented the Commission; federally permitted keeping at least some of the fish they under specific conditions, as outlined in vessels participating in both state and catch, or the fact that there are the preamble of this rule. As such, the Federal waters would be subject to the alternative species to harvest. Again, it Council conducted analysis of the more restrictive of the two measures is likely that at least some of the potential impact of implementing implemented to manage the 2010 scup potentially affected anglers would not precautionary default measures in 2010. recreational fishery. reduce their effort when faced with the Under the precautionary default Scup Alternative 1 (an 11.0–inch proposed landings restrictions, thereby measures, impacted trips are defined as (27.94–cm) minimum fish size, a 10– contributing to the potential trips taken in 2009 that landed at least fish per person possession limit, and overestimation of potential impacts for one summer flounder smaller than 21.5 open seasons of January 1 through 2010. inches (54.61 cm), landed more than February 29 and June 12 through two summer flounder, or landed September 26) is projected to reduce Impacts of Summer Flounder summer flounder during closed seasons. scup landings in 2010 by 35 percent Alternatives The analysis concluded that from 2009 levels, assuming comparable The proposed action for the summer implementation of precautionary default measures in both state and Federal flounder recreational fishery would measures could affect 0.63 percent of waters. As explained elsewhere in the limit coastwide catch to 8.59 million lb the party/charter vessel trips in the preamble, state and Federal measures (3,896 mt) by imposing coastwide Northeast, including those trips where are expected to differ; however, very Federal measures throughout the EEZ. no summer flounder were caught. little of the scup recreational harvest As described earlier, upon confirmation The impacts of Summer Flounder occurs in Federal waters of the EEZ. that the proposed state measures would Alternative 2 for coastwide measures, Affected trips under Scup Alternative 1 achieve conservation equivalency, which would be implemented by NMFS were defined as trips taken in 2009 that NMFS may waive the permit condition if conservation equivalency is landed at least one scup smaller than found at § 648.4(b), which requires disapproved in the final rule, i.e., a 11.0 inches (27.94 cm), landed more federally permitted vessels to comply 19.5–inch (49.53–cm), minimum fish than 10 scup, or landed scup during the with the more restrictive management size, a two-fish possession limit, and a closed seasons (March 1–June 12 and measures when state and Federal fishing season from May 1 through September 27–December 31). Analysis measures differ. Federally permitted September 30, were evaluated in the concluded that 2.15 percent of federally charter/party permit holders and Council’s analysis. Impacted trips were permitted party/charter vessel trips recreational vessels fishing for summer defined as individual angler trips taken could be affected by this alternative. flounder in the EEZ then would be aboard party/charter vessels in 2009 that This alternative is more restrictive than subject to the recreational fishing landed at least one summer flounder is required for 2010. measures implemented by the state in smaller than 19.5 inches (49.53 cm), that The non-preferred scup coastwide which they land summer flounder, landed more than two summer flounder alternative (Scup Alternative–2; 10.5– rather than the coastwide measures. or landed summer flounder during inch (26.67–cm) minimum fish size, 15– Because states have yet to develop closed seasons. The analysis concluded fish per person possession limit, and specific 2010 management measures, it that the measures would affect 0.56 open seasons of January 1 through is not yet possible to analyze the percent of the party/charter vessel trips February 29 and October 1 through potential impacts of Summer Flounder in the Northeast. October 15) is not projected to achieve Alternative 1, which would implement Continuation of the summer flounder the necessary conservation required for conservation equivalency. However, coastwide management measures (i.e., a the 2010 scup recreational fishery. conservation equivalent recreational 19.5–inch (49.53–cm) minimum fish Thus, Scup Alternative 2 is inconsistent management measures allow each state size, two-fish possession limit, and a with the goals and objectives of the FMP to develop specific summer flounder May 1 through September 1 fishing and the Magnuson-Stevens Act. recreational measures, which would season) is expected to constrain 2010 Scup Alternative 3 measures (a 10.5– allow the fishery to operate in each state landings to the recreational harvest inch minimum fish size, 10 fish per during critical fishing periods while still limit; however, continuation of those person possession limit, and fishing achieving the conservation objectives. measures would be more restrictive than seasons June 6–September 26) are This should help mitigate potential necessary under the summer flounder expected to constrain landings to the adverse economic impacts. Therefore, rebuilding plan requirement established 2010 recreational harvest limit if the Council concluded in its analysis 2010 recreational harvest limit. comparable measures are utilized in that Summer Flounder Alternative 1 state waters. However, as noted would likely have the lowest potential Impacts of Scup Alternatives elsewhere in the preamble, the adverse impact of the alternatives The proposed action for the scup Commission is likely to implement considered for the 2010 summer recreational fishery would implement more liberal measures in state waters flounder recreational fishery. Federal coastwide management that may result in the 2010 recreational

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harvest limit being exceeded, regardless 2009 levels. Affected trips are defined as NC followed by MA, NY, MD, NJ, RI, of what measures are taken for Federal trips taken in 2009 that landed one VA, CT then DE. Across states, average waters–including closure of Federal black sea bass smaller than 12.5 inches, gross projected revenue losses range waters of the EEZ. Affected trips under landed more than 25 black sea bass, or from a low of $399 per vessel in DE to Scup Alternative 3 were defined as trips landed black sea bass during closed $44,434 in NC. taken in 2009 that landed at least one seasons. Analysis concluded that 3.88 Summary scup smaller than 10.5 inches, landed percent of Northeast party/charter trips more than 7 but less than 10 scup, or could be affected by the measures of The 2010 recreational harvest limits landed scup in the closed seasons. The Black Sea Bass Alternative 4. The for summer flounder, scup, and black analysis concluded that this alternative Council concluded that the different sea bass are 20-, 16-, and 60–percent could impact 2.24 percent of Federally seasons and possession limits proposed higher, respectively, than the permitted party/charter vessel trips in under Alternative 4 provide a lesser recreational harvest limits for 2009. 2009, if implemented. negative impact than do the measures of However, current projection estimates of Alternative 3, which is also projected to 2009 recreational landings indicate that Impacts of Black Sea Bass Alternatives achieve the currently required 44– scup will exceed the 2009 recreational The proposed action for the black sea percent reduction in landings. harvest limit by 80 percent, and black bass recreational fishery would limit NMFS may consider further sea bass landings will exceed the coastwide catch to 1.83 million lb (830 liberalization of the 2010 black sea bass recreational harvest limit by 190 mt) by imposing coastwide Federal fishing season utilized in concert with percent, based on data through MRFSS measures throughout the EEZ. The a 12.5–inch (31.75–cm) minimum fish Waves 1–4. No overages are projected in impact of Black Sea Bass Alternative 1 size, 25–fish per person possession limit the 2009 summer flounder recreational (a 12.5–inch (31.75–cm) minimum fish if analysis of final 2009 data indicate fishery. size, a 25–fish per person possession that action is justified. If such As a result, the proposed recreational limit, and an open season of June 1–30 liberalization occurs with the addition management measures for summer and September 1–30), is projected to of fishing days in either the August 9– flounder in the Commission’s reduce black sea bass landings by 66 September 3 closed season or after conservation equivalency are likely to percent in 2010 from 2009 levels. This October 5, the impact to party/charter be similar or slightly more liberal for is more restrictive than necessary, but vessels would be further reduced. 2010 (i.e., either smaller minimum fish would likely ensure that landings size, higher possession limits, and/or remain below the 2010 recreational Potential 2010 Regional Economic longer fishing seasons) under the harvest limit. Impacted trips were Impact Analysis Summary proposed conservation equivalency defined as trips taken in 2009 that Regionally, projected federally system (Summer Flounder Alternative landed at least one black sea bass permitted party/charter revenue losses 1) than those in place in 2009. If the smaller than 12.5 inches (31.75 cm), in 2010 range from $6.4 million to $21.9 Commission approves state-developed landed more than 25 black sea bass, or million in sales, $2.1 to $7.3 million in measures as conservational equivalent landed black sea bass during the income, and between 128 and 437 jobs, to the coastwide measures, measures for proposed closed seasons (January 1– if a 25–percent reduction in the number Federal waters adopted by waiving May 31 and October 1–December 21). of affected trips occurs. The estimated § 648.4(b) may also be similar or slightly Analysis concluded that 6.44 percent of losses are approximately twice as high liberal for 2010 if NMFS approves federally permitted party/charter vessel if a 50–percent reduction in affected conservation equivalency in the final trips could be affected by this trips is assumed to occur. Potential rule. alternative. revenue losses in 2010 could differ for The proposed measures for both scup The non-preferred black sea bass federally permitted party/charter vessels and black sea bass are more restrictive coastwide alternative for status quo that land more than one of the regulated than the measures in place for 2009. (Black Sea Bass Alternative 2; 12.5–inch species. The cumulative maximum gross The proposed management measures, (31.75–cm) minimum fish size, 25–fish revenue loss per vessel varies by the or management system in the case of per person possession limit, and no combination of permits held and by conservation equivalency, were chosen closed season) is not expected to state. All 24 potential combinations of because they allow for the maximum constrain 2010 landings to the management alternatives for summer level of recreational landings, while recreational harvest limit; therefore, flounder, scup, and black sea bass are allowing the NMFS to achieve the continuation of those measures in predicted to affect party/charter vessel objectives of the FMP. Summer flounder Federal waters would be inconsistent revenues to some extent in all of the conservation equivalency permits states with the FMP and the Magnuson- Northeast coastal states. Although to implement management measures Stevens Act. potential losses were estimated for tailored, to some degree, to meet the Black Sea Bass Alternative 3 (a 12.5– party/charter vessels operating out of needs of their individual recreational inch (31.75–cm) minimum fish size, 10– ME and NH, these results are fishery participants, provided the level fish per person possession limit, and suppressed for confidentiality purposes. of reduction is equal to the overall May 22–September 12 fishing season), Average party/charter losses for reduction needed coastwide, consistent would reduce landings by 44 percent. federally permitted vessels operating in with Framework Adjustment 2 to the Implementation of this alternative the remaining states are estimated to FMP. would result in a greater reduction than vary across the 24 combinations of The proposed measures for scup are is required for the 2010 recreational alternatives. For example, in NY, expected to achieve the required black sea bass fishery. average losses are predicted to range reduction in 2010 landings from 2009 Black Sea Bass Alternative 4, (a 12.5– from a high of $5,990 to a low of $1,474 levels, provided that comparable state inch (31.75–cm) minimum fish size, 25– per vessel, assuming a 25–percent measures are implemented through the fish per person possession limit, and reduction in effort, as described above. Commission. Because it appears likely May 22–August 8 and September 4– Average gross revenue losses per vessel that the 2010 Commission measures October 4 fishing seasons), is expected under each of the 24 combinations of may differ from Federal measures, to reduce landings by 44 percent from alternatives were generally highest in NMFS will consider public comment

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and more closely examine the 3. In § 648.103, paragraph (b) is management measures are not Commission measures to determine the revised to read as follows: determined by the Regional likelihood that overfishing could occur Administrator to be the conservation as a result of the combined proposed § 648.103 Minimum fish sizes. equivalent of the season, minimum size, Federal and Commission measures * * * * * and possession limit prescribed in before publishing a final rule. The (b) Unless otherwise specified §§ 648.102, 648.103(b) and 648.105(a), majority of scup recreational harvest pursuant to § 648.107, the minimum respectively, due to the lack of, or the occurs within state waters. size for summer flounder is 19.5 inch reversal of, a conservation equivalent The proposed black sea bass (49.53 cm) TL for all vessels that do not recommendation from the Summer management measures were selected qualify for a moratorium permit, and Flounder Board of the Atlantic States because they are the only set of charter boats holding a moratorium Marine Fisheries Commission, shall be measures proposed by the Council that permit if fishing with more than three subject to the following precautionary are projected permit the maximum crew members, or party boats holding a default measures: Season — May 1 amount of landings under the 2010 moratorium permit if fishing with through September 30; minimum size– recreational harvest limit. As stated passengers for hire or carrying more 21.5 inches (54.61 cm); and possession elsewhere in the preamble, NMFS will than five crew members. limit–two fish. consider final 2009 landings data and * * * * * 6. In § 648.122, paragraph (g) is 4. In § 648.105, the first sentence of public comment, and may extend the revised to read as follows: 2010 black sea bass fishing season, paragraph (a) is revised to read as consistent with measures designed to follows: § 648.122 Season and area restrictions. achieve the 2010 recreational harvest § 648.105 Possession restrictions. * * * * * limit, in the final rule. * * * * * (g) Time restrictions. Vessels that are There are no new reporting or not eligible for a moratorium permit recordkeeping requirements contained (a) Unless otherwise specified pursuant to § 648.107, no person shall under § 648.4(a) (6), and fishermen in any of the alternatives considered for subject to the possession limit specified this action. possess more than two summer flounder in, or harvested from, the EEZ, unless in § 648.125(a), may not possess scup, List of Subjects in 50 CFR Part 648 that person is the owner or operator of except from June 6 through September Fisheries, Fishing, Reporting and a fishing vessel issued a summer 27. This time period may be adjusted recordkeeping requirements. flounder moratorium permit, or is pursuant to the procedures in § 648.120. issued a summer flounder dealer permit. 7. In § 648.125, the first sentence of Dated: April 22, 2010. *** paragraph (a) is revised to read as Samuel D. Rauch III, * * * * * follows: Deputy Assistant Administrator for 5. In § 648.107, paragraph (a) Regulatory Programs, National Marine § 648.122 Possession limit. Fisheries Service. introductory text and paragraph (b) are (a) No person shall possess more than For the reasons set out in the revised to read as follows: 10 scup in, or harvested from, the EEZ preamble, 50 CFR part 648 is proposed § 648.107 Conservation equivalent unless that person is the owner or to be amended as follows: measures for the summer flounder fishery. operator of a fishing vessel issued a (a) The Regional Administrator has PART 648—FISHERIES OF THE scup moratorium permit, or is issued a determined that the recreational fishing scup dealer permit.*** NORTHEASTERN UNITED STATES measures proposed to be implemented * * * * * 1. The authority citation for part 648 by Massachusetts through North continues to read as follows: Carolina for 2010 are the conservation 8. Section 648.142 is revised to read equivalent of the season, minimum fish as follows: Authority: 16 U.S.C. 1801 et seq. 2. Section 648.102 is revised to read size, and possession limit prescribed in § 648.142 Time restrictions. as follows: §§ 648.102, 648.103, and 648.105(a), respectively. This determination is Vessels that are not eligible for a § 648.102 Time restrictions. based on a recommendation from the moratorium permit under § 648.4(a)(7), Unless otherwise specified pursuant Summer Flounder Board of the Atlantic and fishermen subject to the possession to § 648.107, vessels that are not eligible States Marine Fisheries Commission. limit specified in § 648.145(a), may for a moratorium permit under * * * * * possess black sea bass from May 22 § 648.4(a)(3) and fishermen subject to (b) Federally permitted vessels subject through August 8 and September 4 the possession limit may fish for to the recreational fishing measures of through October 4, unless this time summer flounder from May 1 through this part, and other recreational fishing period is adjusted pursuant to the September 30. This time period may be vessels subject to the recreational procedures in § 648.140. adjusted pursuant to the procedures in fishing measures of this part and [FR Doc. 2010–9729 Filed 4–26–10; 8:45 am] § 648.100. registered in states whose fishery BILLING CODE 3510–22–S

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Notices Federal Register Vol. 75, No. 80

Tuesday, April 27, 2010

This section of the FEDERAL REGISTER 1,983,802 STRV; Louisiana, 1,581,306 DEPARTMENT OF AGRICULTURE contains documents other than rules or STRV; Texas, 178,366 STRV; and proposed rules that are applicable to the Hawaii, 272,417 STRV. The FY 2010 Rural Housing Service public. Notices of hearings and investigations, sugar marketing allotment program will committee meetings, agency decisions and Notice of Funds Availability for the not prevent any domestic sugarcane rulings, delegations of authority, filing of Section 533 Housing Preservation processors from marketing all of their petitions and applications and agency Grants for Fiscal Year 2010 statements of organization and functions are FY 2010 sugar supply. examples of documents appearing in this On September 25, 2009, USDA section. Announcement Type: Initial Notice established the FY 2010 TRQ for raw inviting applications from qualified cane sugar at 1,231,497 STRV (1,117,195 applicants for Fiscal Year 2010. DEPARTMENT OF AGRICULTURE metric tons raw value, MTRV*), the Catalog of Federal Domestic Assistance minimum to which the United States is Numbers (CFDA): 10.433. Office of the Secretary committed under the World Trade Organization Uruguay Round SUMMARY: The Rural Housing Service USDA Reassigns Domestic Cane Agreements. Pursuant to Additional (RHS), an agency within Rural Sugar Allotments and Increases the U.S. Note 5 to Chapter 17 of the U.S. Development, announces that it is Fiscal Year 2010 Raw Sugar Tariff-Rate Harmonized Tariff Schedule (HTS) and soliciting competitive applications Quota Section 359k of the Agricultural under its Housing Preservation Grant (HPG) program. The HPG program is a AGENCY: Office of the Secretary, USDA. Adjustment Act of 1938, as amended, grant program which provides qualified the Secretary of Agriculture today ACTION: Notice. public agencies, private non-profit increased the quantity of raw cane sugar organizations, which may include, but SUMMARY: The Secretary of Agriculture imports of the HTS subject to the lower today announced a reassignment of not be limited to, faith-based and tier of duties during FY 2010 by 200,000 community organizations, and other surplus sugar under domestic cane STRV (181,437 MRTV). With this sugar allotments of 200,000 short tons eligible entities grant funds to assist increase, the overall FY 2010 raw sugar raw value (STRV) to imports, and very low- and low-income homeowners TRQ is now 1,431,497 STRV (1,298,632 increased the fiscal year (FY) 2010 raw in repairing and rehabilitating their sugar tariff-rate quota (TRQ) by the same MTRV). Raw cane sugar under this homes in rural areas. In addition, the amount. quota must be accompanied by a HPG program assists rental property certificate for quota eligibility and may DATES: Effective: April 27, 2010. owners and cooperative housing be entered under subheading 1701.11.10 FOR FURTHER INFORMATION CONTACT: complexes in repairing and of the HTS until September 30, 2010. Angel F. Gonzalez, Import Policies and rehabilitating their units if they agree to Export Reporting Division, Foreign The Office of the U.S. Trade make such units available to low- and Agricultural Service, AgStop 1021, U.S. Representative will allocate this very low-income persons. This action is Department of Agriculture, Washington, increase among supplying countries and taken to comply with RHS regulations DC 20250–1021; or by telephone (202) customs areas. found in 7 CFR part 1944, subpart N, 720–2916; or by fax to (202) 720–0876; This action is being taken after a which require RHS to announce the or by e-mail to determination that additional supplies opening and closing dates for receipt of preapplications for HPG funds from [email protected]. of raw cane sugar are required in the eligible applicants. The intended effect U.S. market. USDA will closely monitor SUPPLEMENTARY INFORMATION: USDA’s of this Notice is to provide eligible Commodity Credit Corporation (CCC) stocks, consumption, imports and all organizations notice of these dates. today announced the reassignment of sugar market and program variables on projected surplus cane sugar marketing an ongoing basis, and may make further DATES: If submitting a paper application allotments and allocations under the FY program adjustments during FY 2010 if the closing deadline for receipt of all 2010 (October 1, 2009–September 30, needed. applications in response to this Notice 2010) Sugar Marketing Allotment is 5 p.m., local time for each Rural * Conversion factor: 1 metric ton = Program. The FY 2010 cane sector Development State Office on June 28, 1.10231125 short tons. allotment and cane state allotments are 2010. If submitting the application in larger than can be fulfilled by Dated: April 19, 2010. electronic format, the deadline for domestically-produced cane sugar. This Thomas J. Vilsack, receipt is 5 p.m. Eastern Standard Time surplus was reassigned to raw sugar Secretary of Agriculture. on [same date as paper application]. The application closing deadline is firm as imports as required by law. Upon [FR Doc. 2010–9730 Filed 4–26–10; 8:45 am] review of the domestic sugarcane to date and hour. RHS will not consider processors’ sugar marketing allocations BILLING CODE 3410–10–P any application that is received after the relative to their FY 2010 expected raw closing deadline. Applicants intending sugar supplies, CCC determined that all to mail applications must provide sugarcane processors had surplus sufficient time to permit delivery on or allocation. Therefore, all sugarcane before the closing deadline date and states’ sugar marketing allotments are time. Acceptance by the United States reduced with this reassignment. The Postal Service or private mailer does not new cane state allotments are Florida, constitute delivery. Facsimile (FAX) and

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postage due applications will not be number request line at 1–866–705–5711. Davis, California 95616–4169 accepted. Additional information concerning this (530) 792–5821 TDD (530) 792–5848 SUPPLEMENTARY INFORMATION: requirement is provided in a policy directive issued by OMB and published Debra Moretton Paperwork Reduction Act in the Federal Register on June 27, 2003 Colorado State Office The reporting requirements contained (68 FR 38402–38405). 655 Parfet Street, Room E100 in this Notice have been approved by The Department of Agriculture is Lakewood, Colorado 80215 the Office of Management and Budget participating as a partner in the (720) 544–2923 TDD (800) 659–2656 under Control Number 0575–0115. Government-wide Grants.gov site. Electronic applications must be Mary Summerfield Program Administration submitted through the grants.gov Web Connecticut I. Funding Opportunities Description site at: http://www.grants.gov, following Served by Massachusetts State Office the instructions found on the Web site. The funding instrument for the HPG Please be mindful that the application Delaware and Maryland State Office Program will be a grant agreement. The deadline for electronic format differs 1221 College Park Drive, Suite 200 term of the grant can vary from 1 to 2 from the deadline for paper format. The Dover, Delaware 19904 years, depending on available funds and electronic format deadline will be based (302) 857–3614 demand. No maximum or minimum on Eastern Standard Time. The paper TDD (302) 857–3585 Debbie Eason grant levels have been established at the format deadline is local time for each National level. You should contact the Rural Development State Office. Florida & Virgin Islands State Office Rural Development State Office to 4440 N.W. 25th Place determine the allocation. IV. Application and Submission Gainesville, Florida 32606–6563 Information II. Award Information (352) 338–3438 Applicants must contact the Rural TDD (352) 338–3499 For Fiscal Year 2010, $10,146,815.03 Development State Office serving the Theresa Purnell is available for the HPG Program. The state in which they desire to submit an Georgia State Office total includes $746,815.03 in carryover application to receive further Stephens Federal Building funds. Funds will be distributed under information and copies of the 355 East Hancock Avenue a formula allocation to states pursuant application package. Rural Development Athens, Georgia 30601–2768 to 7 CFR part 1940, subpart L, will date and time stamp incoming (706) 546–2164 ‘‘Methodology and Formulas for applications to evidence timely and TDD (706) 546–2034 Allocation of Loan and Grant Program untimely receipt, and, upon request, Dawn Pilgrim Funds.’’ Decisions on funding will be will provide the applicant with a Hawaii State Office based on pre-applications. written acknowledgment of receipt. A (Services all Hawaii, American Samoa, III. Eligibility Information listing of Rural Development State Guam, and Western Pacific) Offices, their addresses, telephone Room 311, Federal Building 7 CFR part 1944, subpart N provides numbers, and person to contact follows: 154 Waianuenue Avenue details on what information must be Hilo, Hawaii 96720 contained in the preapplication Note: Telephone numbers listed are not (808) 933–8300 package. Entities wishing to apply for toll-free. TDD (808) 933–8321 assistance should contact the Rural Gayle Kuheana Alabama State Office Development State Office to receive Idaho State Office further information, the State allocation Suite 601, Sterling Centre 4121 Carmichael Road Suite A1 of funds, and copies of the 9173 West Barnes Drive preapplication package. Eligible entities Montgomery, Alabama 36106–3683 (334) 279–3454 Boise, Idaho 83709 for these competitively awarded grants TDD (334) 279–3495 (208) 378–5628 include state and local governments, Anne Chavers TDD (208) 378–5644 non-profit corporations, which may Joyce Weinzetl Alaska State Office include, but not be limited to faith- Illinois State Office based and community organizations, 800 West Evergreen, Suite 201 Palmer, Alaska 99645 2118 West Park Court, Suite A Federally recognized Indian tribes, and Champaign, Illinois 61821–2986 consortia of eligible entities. (907) 761–7740 TDD (907) 761–8905 (217) 403–6222 Federally recognized Indian tribes, Debbie I. Davis TDD (217) 403–6240 pursuant to 7 CFR 1944.674, are exempt Barry L. Ramsey from the requirement to consult with Arizona State Office Indiana State Office local leaders including announcing the Phoenix Courthouse and Federal Building availability of its statement of activities 230 North First Avenue, Suite 206 5975 Lakeside Boulevard for review in a newspaper. Phoenix, Arizona 85003–1706 Indianapolis, Indiana 46278 (317) 290–3100 (ext. 426) As part of the application, all (602) 280–8768 TDD (602) 280–8706 TDD (317) 290–3343 applicants must also provide a Dunn Carol Torres Mary Hawthorne and Bradstreet Data Universal Numbering System (DUNS) number. As Arkansas State Office Iowa State Office required by the Office of Management 700 West Capitol Avenue, Room 3416 210 Walnut Street Room 873 and Budget (OMB), all grant applicants Little Rock, Arkansas 72201–3225 Des Moines, Iowa 50309 must provide a DUNS number when (501) 301–3258 (515) 284–4666 applying for Federal grants, on or after TDD (501) 301–3063 TDD (515) 284–4858 Clinton King Mary Beth Juergens October 1, 2003. Organizations can receive a DUNS number at no cost by California State Office Kansas State Office calling the dedicated toll-free DUNS 430 G Street, #4169 1303 SW First American Place, Suite 100

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Topeka, Kansas 66604–4040 Lincoln, Nebraska 68508 Portland, Oregon 97232–1274 (785) 271–2700 (402) 437–5505 (503) 414–3340 TDD (785) 271–2767 TDD (402) 437–5408 TDD (503) 414–3387 Mike Resnik Teresa Brohimer Barb Brandon Kentucky State Office Nevada State Office Pennsylvania State Office 771 Corporate Drive, Suite 200 1390 South Curry Street One Credit Union Place, Suite 330 Lexington, Kentucky 40503 Carson City, Nevada 89703–9910 Harrisburg, Pennsylvania 17110–2996 (859) 224–7325 (775) 887–1222 (ext. 14) (717) 237–2276 TDD (859) 224–7422 TDD (775) 885–0633 TDD (717) 237–2261 Beth Moore Mona Sargent Chris Adamchak Louisiana State Office New Hampshire State Office Puerto Rico State Office 3727 Government Street Concord Center IBM Building, Suite 601 Alexandria, Louisiana 71302 Suite 218, Box 317 Munoz Rivera Ave. #654 (318) 473–7962 10 Ferry Street San Juan, Puerto Rico 00918 TDD (318) 473–7655 Concord, New Hampshire 03301–5004 (787) 766–5095 (ext. 256) Yvonne R. Emerson (603) 223–6046 TDD (787) 766–5332 TDD (603) 229–0536 Jan Vargas Maine State Office Sandra Hawkins Post Office Box 405 Rhode Island New Jersey State Office Bangor, Maine 04402–0405 Served by Massachusetts State Office (207) 990–9110 5th Floor North, Suite 500 South Carolina State Office TDD (207) 942–7331 8000 Midlantic Drive Bob Nadeau Mt. Laurel, New Jersey 08054 Strom Thurmond Federal Building (856) 787–7773 1835 Assembly Street, Room 1007 Maryland TDD (856) 787–7784 Columbia, South Carolina 29201 Served by Delaware State Office Derrick S. Waltz (803) 765–5870 TDD (803) 765–5697 Massachusetts, Connecticut, & Rhode Island New Mexico State Office Lila Moses State Office 6200 Jefferson Street, NE, Room 255 451 West Street Suite 2 Albuquerque, New Mexico 87109 South Dakota State Office Amherst, Massachusetts 01002 (505) 761–4944 Federal Building, Room 210 (413) 253–4315 TDD (505) 761–4938 200 Fourth Street, SW TDD (413) 253–4590 Susan Gauna Huron, South Dakota 57350 Paul Geoffroy (605) 352–1132 New York State Office TDD (605) 352–1147 Michigan State Office The Galleries of Syracuse Roger Hazuka or Pam Reilly 3001 Coolidge Road, Suite 200 441 South Salina Street, Suite 357 East Lansing, Michigan 48823 5th Floor Tennessee State Office (517) 324–5193 Syracuse, New York 13202 Suite 300 TDD (517) 337–6795 (315) 263–4363 3322 West End Avenue Sonya Wyldes TDD (315) 477–6447 Nashville, Tennessee 37203–1084 Tia Shulkin (615) 783–1300 Minnesota State Office TDD (615) 783–1397 375 Jackson Street Building, Suite 410 North Carolina State Office Abby Boggs St. Paul, Minnesota 55125 4405 Bland Road, Suite 260 (651) 602–7804 Raleigh, North Carolina 27609 Texas State Office TDD (651) 602–7830 (919) 873–2062 Federal Building, Suite 102 Thomas Osborne TDD (919) 873–2003 101 South Main Rebecca Dillard Temple, Texas 76501 Mississippi State Office (254) 742–9772 Federal Building, Suite 831 North Dakota State Office TDD (254) 742–9712 100 West Capitol Street Federal Building, Room 208 Leon Carey Jackson, Mississippi 39269 Post Office Box 1737 (601) 965–4325 Bismarck, North Dakota 58502 Utah State Office TDD (601) 965–5850 (701) 530–2046 Wallace F. Bennett Federal Building Darnella Smith-Murray TDD (701) 530–2113 125 South State Street, Room 301 Barry Borstad Salt Lake City, Utah 84138 Missouri State Office (801) 524–4308 601 Business Loop 70 West Ohio State Office TDD (801) 524–3309 Parkade Center, Suite 235 Federal Building, Room 507 Pam Davidson Columbia, Missouri 65203 200 North High Street (573) 876–9303 Columbus, Ohio 43215–2477 Vermont State Office TDD (573) 876–9480 (614) 255–2561 City Center, 3rd Floor Becky Eftink TDD (614) 255–2554 89 Main Street Cathy Simmons Montpelier, Vermont 05602 Montana State Office (802) 828–6021 900 Technology Boulevard, Suite B Oklahoma State Office TDD (802) 223–6365 Bozeman, Montana 59771 100 USDA, Suite 108 Heidi Setien (406) 585–2515 Stillwater, Oklahoma 74074–2654 TDD (406) 585–2562 (405) 742–1076 Virgin Islands Deborah Chorlton TDD (405) 742–1007 Served by Florida State Office Tim Henderson Nebraska State Office Virginia State Office Federal Building, Room 152 Oregon State Office Culpeper Building, Suite 238 100 Centennial Mall N 1201 NE Lloyd Boulevard, Suite 801 1606 Santa Rosa Road

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Richmond, Virginia 23229 Development State Office. All adverse assist with HPG funds; and, if a rental (804) 287–1596 determinations are appealable pursuant property or cooperative assistance TDD (804) 287–1753 to 7 CFR part 11. Instructions on the program, the number of units and the CJ Michels appeal process will be provided at the term of restrictive covenants on their Washington State Office time the applicant is notified of the use for very low- and low-income; 1835 Black Lake Boulevard, Suite B adverse decision. (8) The geographical area(s) to be Olympia, Washington 98512 If submitting a paper application, served by the HPG program; (360) 704–7706 applicants will file an original and two (9) The annual estimated budget for TDD (360) 704–7760 copies of Standard Form (SF) 424, the program period based on the Bill Kirkwood ‘‘Application for Federal Assistance,’’ financial needs to accomplish the Western Pacific Territories and supporting information with the objectives outlined in the proposal. The Served by Hawaii State Office appropriate Rural Development State budget should include proposed direct Office. A pre-application package, and indirect administrative costs, such West Virginia including SF–424, is available in any as personnel, fringe benefits, travel, Parkersburg West Virginia County Office Rural Development State Office. If an equipment, supplies, contracts, and 91 Boyles Lane electronic application is submitted, other cost categories, detailing those Parkersburg, West Virginia 26104 applicants will upload the information costs for which the grantee proposes to (304) 422–9070 TDD (304) 284–4836 at grants.gov. All preapplications shall use the HPG grant separately from non- Penny Thaxton be accompanied by the following HPG resources, if any. The applicant information which Rural Development budget should also include a schedule Wisconsin State Office will use to determine the applicant’s (with amounts) of how the applicant 4949 Kirschling Court eligibility to undertake the HPG proposes to draw HPG grant funds, i.e., Stevens Point, Wisconsin 54481 program and to evaluate the monthly, quarterly, lump sum for (715) 345–7608 (ext. 111) preapplication under the project program activities, etc.; TDD (715) 345–7614 (10) A copy of an indirect cost Sara Kendall selection criteria of 7 CFR 1944.679: (a) A statement of activities proposed proposal as required in 7 CFR parts Wyoming State Office by the applicant for its HPG program as 3015, 3016, and 3019, as applicable, Post Office Box 82601 appropriate to the type of assistance the when the applicant has another source Casper, Wyoming 82602–5006 applicant is proposing, including: of Federal funding in addition to the (307) 233–6716 (1) A complete discussion of the type Rural Development HPG program; TDD (307) 233–6733 of and conditions for financial (11) A brief description of the Alan Brooks assistance for housing preservation, accounting system to be used; FOR FURTHER INFORMATION CONTACT: For including whether the request for (12) The method of evaluation to be general information, applicants may assistance is for a homeowner assistance used by the applicant to determine the contact Bonnie Edwards-Jackson, program, a rental property assistance effectiveness of its program which Finance and Loan Analyst, Multi- program, or a cooperative assistance encompasses the requirements for Family Housing Preservation and Direct program; quarterly reports to Rural Development Loan Division, USDA Rural (2) The process for selecting in accordance with 7 CFR 1944.683(b) Development, Stop 0781, 1400 recipients for HPG assistance, and the monitoring plan for rental Independence Avenue, SW., determining housing preservation needs properties and cooperatives (when Washington, DC 20250–0781, telephone of the dwelling, performing the applicable) according to 7 CFR (202) 690–0759 (voice) (this is not a toll necessary work, and monitoring/ 1944.689; free number) or (800) 877–8339 (TDD- inspecting work performed; (13) The source and estimated amount Federal Information Relay Service) or (3) A description of the process for of other financial resources to be via e-mail at identifying potential environmental obtained and used by the applicant for [email protected]. impacts in accordance with 7 CFR both HPG activities and housing V. Application Review Information 1944.672, and the provisions for development and/or supporting compliance with Stipulation I, A–G of activities; Applicants wishing to apply for the Programmatic Memorandum of (14) The use of program income, if assistance must make their statement of Agreement, also known as PMOA, (RD any, and the tracking system used for activities available to the public for Instruction 2000–FF, available in any monitoring same; comment. The applicant(s) must Rural Development State Office or at (15) The applicant’s plan for announce the availability of its http://www.rurdev.usda.gov/regs/pdf/ disposition of any security instruments statement of activities for review in a 2000ff.pdf) in accordance with 7 CFR held by them as a result of its HPG newspaper of general circulation in the 1944.673(b); activities in the event of its loss of legal project area and allow at least 15 days (4) The development standard(s) the status; for public comment. The start of this 15- applicant will use for the housing (16) Any other information necessary day period must occur no later than 16 preservation work; and, if not the Rural to explain the proposed HPG program; days prior to the last day for acceptance Development standards for existing and of pre-applications by USDA Rural dwellings, the evidence of its (17) The outreach efforts outlined in Development. acceptance by the jurisdiction where the 7 CFR 1944.671(b). All applications for Section 533 funds grant will be implemented; (b) Complete information about the must be filed with the appropriate Rural (5) The time schedule for completing applicant’s experience and capacity to Development State Office or grants.gov the program; carry out the objectives of the proposed and must meet the requirements of this (6) The staffing required to complete HPG program. Notice and 7 CFR part 1944, subpart N. the program; (c) Evidence of the applicant’s legal Pre-applications determined not eligible (7) The estimated number of very low- existence, including, in the case of a and/or not meeting the selection criteria and low-income minority and private non-profit organization, which will be notified by the Rural nonminority persons the grantee will may include, but not be limited to, faith-

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based and community organizations, a (2) Identifying properties that are (b) Serve eligible rural areas with a copy of, or an accurate reference to, the located in a floodplain or wetland; concentration of substandard housing specific provisions of State law under (3) Identifying properties located for households with very low-or low- which the applicant is organized; a within the Coastal Barrier Resources income. certified copy of the applicant’s Articles System; and (c) Be an eligible applicant as defined of Incorporation and Bylaws or other (4) Coordinating with other public in 7 CFR 1944.658. evidence of corporate existence; and private organizations and programs (d) Meet the requirements of certificate of incorporation for other that provide assistance in the consultation and public comment in than public bodies; evidence of good rehabilitation of historic properties accordance with 7 CFR 1944.674. standing from the State when the (Stipulation I, D, of the PMOA, RD (e) Submit a complete preapplication corporation has been in existence 1 year Instruction 2000–FF, available in any as outlined in 7 CFR 1944.676. or more; and the names and addresses Rural Development State Office or at VII. Points System of the applicant’s members, directors http://www.rurdev.usda.gov/regs/pdf/ and officers. If other organizations are 2000ff.pdf. For applicants meeting all of the members of the applicant-organization, (i) The applicant must also submit requirements listed above, the Rural or the applicant is a consortium, pre- evidence of the State Historic Development State Offices will then use applications should be accompanied by Preservation Office’s, (SHPO), weighted criteria in accordance with 7 the names, addresses, and principal concurrence in the proposal, or in the CFR part 1944, subpart N as selection purpose of the other organizations. If the event of nonconcurrence, a copy of for the grant recipients. Each applicant is a consortium, SHPO’s comments together with preapplication and its accompanying documentation showing compliance evidence that the applicant has received statement of activities will be evaluated with paragraph (4)(ii) under the the Advisory Council on Historic and, based solely on the information definition of ‘‘organization’’ in 7 CFR Preservation’s (Council) advice as to contained in the preapplication, the 1944.656 must also be included. how the disagreement might be applicant’s proposal will be numerically (d) For a private non-profit entity, resolved, and a copy of any advice rated on each criteria within the range which may include, but not be limited provided by the Council. provided. The highest-ranking to, faith-based and community (j) The applicant must submit written applicant(s) will be selected based on organizations, the most recently audited statements and related correspondence allocation of funds available to the state. statement and a current financial (a) Points are awarded based on the reflecting compliance with 7 CFR statement dated and signed by an percentage of very low-income persons 1944.674(a) and (c) regarding authorized officer of the entity showing that the applicant proposes to assist, consultation with local government the amounts and specific nature of using the following scale: leaders in the preparation of its program assets and liabilities together with (1) More than 80%: 20 points. and the consultation with local and information on the repayment schedule (2) 61% to 80%: 15 points. state government pursuant to the and status of any debt(s) owed by the (3) 41% to 60%: 10 points. provisions of Executive Order 12372. applicant. (4) 20% to 40%: 5 points. (e) A brief narrative statement which (k) The applicant is to make its (5) Less than 20%: 0 points. includes information about the area to statement of activities available to the (b) The applicant’s proposal may be be served and the need for improved public for comment prior to submission expected to result in the following housing (including both percentage and to Rural Development pursuant to 7 CFR percentage of HPG fund use (excluding the actual number of both low-income 1944.674(b). The application must administrative costs) in comparison to and low-income minority households contain a description of how the the total cost of unit preservation. This and substandard housing), the need for comments (if any were received) were percentage reflects maximum repair or the type of housing preservation addressed. rehabilitation results with the least assistance being proposed, the (l) The applicant must submit an possible HPG funds due to leveraging, anticipated use of HPG resources for original and one copy of Form RD 400– innovative financial assistance, owner’s historic properties, the method of 1, ‘‘Equal Opportunity Agreement,’’ and contribution or other specified evaluation to be used by the applicant Form RD 400–4, ‘‘Assurance approaches. Points are awarded based in determining the effectiveness of its Agreement,’’ in accordance with 7 CFR on the following percentage of HPG efforts. 1944.676. These forms can be obtained funds (excluding administrative costs) (f) A statement containing the at any state office or at http:// to total funds: component for alleviating any www.rurdev.usda.gov/rbs/oa/RD-400- (1) 50% or less: 20 points. overcrowding as defined by 7 CFR 1.pdf and http://www.rurdev.usda.gov/ (2) 51% to 65%: 15 points. 1944.656. regs/forms/0400-04.pdf. (3) 66% to 80%: 10 points. (g) Applicant must submit an original Applicants should review 7 CFR part (4) 81% to 95%: 5 points. and one copy of Form RD 1940–20, 1944, subpart N for a comprehensive list (5) 96% to 100%: 0 points. ‘‘Request for Environmental of all application requirements. (c) The applicant has demonstrated its administrative capacity in assisting very Information,’’ prepared in accordance VI. Selection Criteria with Exhibit F–1 of RD Instruction low- and low-income persons to obtain 1944–N (available in any Rural In accordance with 7 CFR 1944.679 adequate housing based on the Development State Office or at http:// applicants and proposed projects must following (30 points maximum): www.rurdev.usda.gov/regs/forms/1940- meet the following criteria: (1) The organization or a member of 20.pdf). (a) Provide a financially feasible its staff has at least one or more years (h) Applicant must also submit a program of housing preservation experience successfully managing and description of its process for: assistance. ‘‘Financially feasible’’ is operating a rehabilitation or (1) Identifying and rehabilitating defined as proposed assistance which weatherization type program: 10 points. properties listed on or eligible for listing will be affordable to the intended (2) The organization or a member of on the National Register of Historic recipient or result in affordable housing its staff has at least one or more years Places; for very low- and low-income persons. experience successfully managing and

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operating a program assisting very low- Persons with disabilities who require Dated: April 21, 2010. and low-income persons obtain housing alternative means for communication of Tom Quinn, assistance: 10 points. program information (Braille, large Forest Supervisor. (3) If the organization has print, audiotape, etc.) should contact [FR Doc. 2010–9707 Filed 4–26–10; 8:45 am] administered grant programs, there are USDA’s TARGET Center at (202) 720– BILLING CODE 3410–11–M no outstanding or unresolved audit or 2600 (voice and TDD). To file a investigative findings which might complaint of discrimination, write to impair carrying out the proposal: 10 USDA, Director, Office of Civil Rights, DEPARTMENT OF AGRICULTURE points. 1400 Independence Avenue, SW., (d) The proposed program will be Washington, DC 20250–9410, or call Forest Service undertaken entirely in rural areas (800) 795–3272 (voice), (202) 720–6382 outside Metropolitan Statistical Areas, (TDD). ‘‘USDA is an equal opportunity Sierra County, CA, Resource Advisory also known as MSAs, identified by provider, employer, and lender.’’ Committee Rural Development as having Dated: April 16, 2010. AGENCY: Forest Service, USDA. populations below 10,000 or in remote Tammye Trevin˜ o, parts of other rural areas (i.e., rural areas ACTION: Notice of meeting. Administrator, Rural Housing Service. contained in MSAs with less than 5,000 SUMMARY [FR Doc. 2010–9648 Filed 4–26–10; 8:45 am] : The Sierra County Resource population) as defined in 7 CFR Advisory Committee (RAC) will meet on BILLING CODE 3410–XV–P 1944.656: 10 points. May 10, 2010, in Sierraville, California. (e) The program will use less than 20 The purpose of the meeting is to discuss percent of HPG funds for administration DEPARTMENT OF AGRICULTURE issues relating to implementing the purposes: Secure Rural Schools and Community (1) More than 20%: Not eligible. Forest Service Self Determination Act of 2000 (2) 20%: 0 points. (3) 19%: 1 point. (Payments to States) as reauthorized by Nevada County and Placer County, CA, Public Law 110–343 and the (4) 18%: 2 points. Resource Advisory Committee (5) 17%: 3 points. expenditure of Title II funds benefiting National Forest System lands on the (6) 16%: 4 points. AGENCY: Forest Service, USDA. (7) 15% or less: 5 points. Humboldt-Toiyabe, Plumas and Tahoe (f) The proposed program contains a ACTION: Notice of meeting. National Forests in Sierra County. component for alleviating overcrowding DATES: The meeting will be held SUMMARY: The Nevada County and as defined in 7 CFR 1944.656: 5 points. Placer County Resource Advisory Monday, May 10, 2010 at 9 a.m. In the event more than one Committee (RAC) will meet on May 4, ADDRESSES: The meeting will be held at preapplication receives the same 2010, in Truckee, California. The the Sierraville Ranger Station, 317 S. amount of points, those preapplications purpose of the meeting is to discuss Lincoln, Sierraville, CA. will then be ranked based on the actual issues relating to implementing the FOR FURTHER INFORMATION CONTACT: Aim percentage figure used for determining Secure Rural Schools and Community Westling, Committee Coordinator, the points for Section VII (a). Further, in Self-Determination Act of 2000 USDA, Tahoe National Forest, 631 the event that preapplications are still (Payments to States) as reauthorized by Coyote St., Nevada City, CA 95959, tied, then those preapplications still tied Public Law 110–343 and the (530) 478–6205, e-mail: will be ranked based on the percentage expenditure of Title II funds benefiting [email protected]. for HPG fund use (low to high). Further, National Forest System lands on the for applications where assistance to SUPPLEMENTARY INFORMATION: Agenda Humboldt-Toiyabe, Eldorado, Lake rental properties or cooperatives is items to be covered include: (1) Tahoe Basin Management Unit and proposed, those still tied will be further Welcome and introductions; (2) Review Tahoe National Forests in Nevada and ranked based on the number of years the of RAC operating guidelines; (3) Placer Counties. units are available for occupancy under Discussion and voting on project the program (a minimum of 5 years is DATES: The meeting will be held proposals; and (4) Comments from the required). For this part, ranking will be Tuesday, May 4, 2010 at 10 a.m. public. The meeting is open to the based from most to least number of ADDRESSES: The meeting will be held at public and the public will have an years. the Truckee Ranger Station, 10811 opportunity to comment at the meeting. Finally, if there is still a tie, then a Stockrest Springs Rd., Truckee, CA. Dated: April 21, 2010. lottery system will be used. After the FOR FURTHER INFORMATION CONTACT: Ann Tom Quinn, award selections are made all applicants Westling, Committee Coordinator, Forest Supervisor. will be notified of the status of their USDA, Tahoe National Forest, 631 applications by mail. [FR Doc. 2010–9708 Filed 4–26–10; 8:45 am] Coyote St., Nevada City, CA 95959, BILLING CODE 3410–11–M VIII. Non-Discrimination Statement (530) 478–6205, E-Mail: [email protected]. USDA prohibits discrimination in all its programs and activities on the basis SUPPLEMENTARY INFORMATION: Agenda ARCHITECTURAL AND of race, color, national origin, age, items to be covered include: (1) TRANSPORTATION BARRIERS disability, and where applicable, sex, Welcome and introductions; (2) COMPLIANCE BOARD marital status, familial status, parental Overview of authorizing legislation; (3) status, religion, sexual orientation, Discussion of operating and project Meetings genetic information, political beliefs, approval guidelines; (4) Election of RAC AGENCY: Architectural and reprisal, or because all or part of an chair; and (5) Comments from the Transportation Barriers Compliance individual’s income is derived from any public. The meeting is open to the Board. public assistance program. (Not all public and the public will have an ACTION: Notice of meetings. prohibited bases apply to all programs.) opportunity to comment at the meeting.

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SUMMARY: The Architectural and interpreters will be available at the its monthly journal, the Survey of Transportation Barriers Compliance Board meetings and public hearing. Current Business. These accounts Board (Access Board) plans to hold its Persons attending Board meetings are provide a statistical summary of all U.S. regular committee and Board meetings requested to refrain from using perfume, international transactions and are a in Washington, DC, Tuesday and cologne, and other fragrances for the principal federal economic indicator. In Wednesday, May 11–12, 2010, at the comfort of other participants (see addition, they provide data for other times and location noted below. A http://www.access-board.gov/about/ U.S. economic measures and accounts, public hearing will also be held on the policies/fragrance.htm for more contributing particularly to the National morning of May 12, 2010. information). Income and Product Accounts. The ITAs are used extensively by both DATES: The schedule of events is as David M. Capozzi, follows: government and private organizations Executive Director. for national and international economic Tuesday, May 11, 2010 [FR Doc. 2010–9723 Filed 4–26–10; 8:45 am] policy formulation and for analytical 10–11 a.m. Briefing on Passenger BILLING CODE 8150–01–P purposes. The information collected in Vessels Proposed Rule (closed to this survey is used to develop the public). ‘‘private remittances’’ portion of the 11–2:30 p.m. Planning and Evaluation DEPARTMENT OF COMMERCE ITAs. Without this information, an Committee. integral component of the ITAs would Bureau of Economic Analysis 2:30–3 Budget committee. be omitted. No other government agency 3–3:30 Ad Hoc Committee on Frontier Proposed Information Collection; collects comprehensive quarterly data Issues (closed to public). Comment Request; Survey: on institutional remittances of funds to 3:30–5 Ad Hoc Committee on Medical Institutional Remittances to Foreign foreign counties. There are no changes Diagnostic Equipment (closed to Countries proposed to the form or instructions. public). Potential respondents are U.S. Wednesday, May 12, 2010 ACTION: Notice. religious, charitable, educational, scientific and similar organizations that 9–Noon Public Hearing on Information SUMMARY: The Department of voluntarily agree to provide data and Communication Technology Commerce, as part of its continuing regarding transfers to foreign residents Standards and Guidelines. effort to reduce paperwork and and organizations and their 1:30–3 p.m. Board Meeting. respondent burden, invites the general expenditures in foreign countries. ADDRESSES: All meetings will be held at public and other Federal agencies to the Embassy Suites DC Convention comment on proposed and/or II. Method of Collection Center Hotel, located at 900 10th Street, continuing information collections, as Survey forms are mailed to potential NW., Washington, DC 20001. required by the Paperwork Reduction respondents in January of each year; Act of 1995, Public Law 104–13 (44 FOR FURTHER INFORMATION CONTACT: For respondents expected to file on a further information regarding the U.S.C. 3506(c)(2)(A)). quarterly basis are sent multiple copies. meetings, please contact David Capozzi, DATES: Written comments must be Quarterly reports are due 30 days after Executive Director, (202) 272–0010 submitted on or before June 28, 2010. the close of each calendar or fiscal (voice) and (202) 272–0082 (TTY). June 25, 2010 quarter and annual reports are due 90 ADDRESSES: SUPPLEMENTARY INFORMATION: The Board Direct all written comments days after the close of the calendar or will hold a public hearing on its refresh to Diana Hynek, Departmental fiscal year. of accessibility criteria for information Paperwork Clearance Officer, The information is collected quarterly and communications technologies Department of Commerce, Room 6625, from organizations remitting $1 million covered by the Rehabilitation Act 14th and Constitution Avenue, NW., or more each year and annually for (section 508) and the Washington, DC 20230, or via e-mail at organizations remitting at least $100,000 Telecommunications Act (section 255). [email protected]. but less than $1 million each year. The hearing will take place on FOR FURTHER INFORMATION CONTACT: Organizations with remittances of less Wednesday, May 12, 2010 from 9 a.m. Requests for additional information or than $100,000 in the year covered by the to noon. Details of this hearing were copies of the information collection report are exempt from reporting. published in the Federal Register on instrument and instructions should be III. Data April 13, 2010 (75 FR 18781). At the directed to Robert Becker, Current Board meeting scheduled on the Account Services Branch, Balance of OMB Control Number: 0608–0002. afternoon of Wednesday, May 12, 2010, Payments Division, (BE–58), Bureau of Form Number: BE–40. the Access Board will consider the Economic Analysis, U.S. Department of Type of Review: Regular submission. following agenda items: Commerce, Washington, DC 20230; Affected Public: Not-for-profit • Approval of the draft March 31, phone: (202) 606–9576; fax: (202) 606– institutions. 2010 meeting minutes. 5314; or via e-mail at Estimated Number of Respondents: • Budget Committee Report. [email protected]. 1,220. • Planning and Evaluation Committee SUPPLEMENTARY INFORMATION: Estimated Time per Response: 1 hour, Report. 30 minutes. • Ad Hoc Committee Reports. I. Abstract Estimated Total Annual Burden • Executive Director’s Report. The Institutional Remittances to Hours: 2,294. • ADA and ABA Guidelines; Federal Foreign Countries Survey (Form BE–40) Estimated Total Annual Cost to Agency Updates. is used by the Bureau of Economic Public: $0. All meetings are accessible to persons Analysis (BEA) for compiling the U.S. Respondent’s Obligation: Voluntary. with disabilities. An assistive listening international transactions accounts Legal Authority: Bretton Woods system, computer assisted real-time (ITAs), which BEA publishes quarterly Agreement Act, Section 8, and E.O. transcription (CART), and sign language in news releases, on its Web site, and in 10033, as amended.

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IV. Request for Comments instrument(s) and instructions should • Taxes. be directed to Patrick J. Benton, Census • Child Care. Comments are invited on: (a) Whether • the proposed collection of information Bureau, Room HQ–6H045, Washington, Work Schedule. is necessary for the proper performance DC 20233–8400, (301) 763–4618. Wave 8 interviews will be conducted of the functions of the Agency, SUPPLEMENTARY INFORMATION: from January 1, 2011 through April 30, 2011. including whether the information will I. Abstract have practical utility; (b) the accuracy of A 10-minute reinterview of 3,100 the Agency’s estimate of the burden The Census Bureau conducts the people is conducted at each wave to (including hours and cost) of the SIPP, which is a household-based ensure accuracy of responses. survey designed as a continuous series proposed collection of information; (c) Reinterviews require an additional of national panels. New panels are ways to enhance the quality, utility, and 1,553 burden hours in FY 2011. introduced every few years with each clarity of the information to be panel usually having durations of one to II. Method of Collection collected; and (d) ways to minimize the four years. Respondents are interviewed burden of the collection of information The SIPP is designed as a continuing at 4-month intervals or ‘‘waves’’ over the on respondents, including through the series of national panels of interviewed life of the panel. The survey is molded use of automated collection techniques households that are introduced every around a central ‘‘core’’ of labor force or other forms of information few years with each panel having and income questions that remain fixed technology. durations of 1 to 4 years. All household throughout the life of the panel. The Comments submitted in response to members 15 years old or over are core is supplemented with questions this notice will be summarized and/or interviewed using regular proxy- designed to address specific needs, such included in the request for OMB respondent rules. During the 2008 as obtaining information on household approval of this information collection; panel, respondents are interviewed a members’ participation in government they also will become a matter of public total of 13 times (13 waves) at 4-month programs as well as prior labor force record. intervals making the SIPP a longitudinal patterns of household members. These survey. Sample people (all household Dated: April 21, 2010. supplemental questions are included members present at the time of the first Glenna Mickelson, with the core and are referred to as interview) who move within the country Management Analyst, Office of Chief ‘‘topical modules.’’ and reasonably close to a SIPP primary Information Officer. The SIPP represents a source of sampling unit will be followed and [FR Doc. 2010–9647 Filed 4–26–10; 8:45 am] information for a wide variety of topics interviewed at their new address. BILLING CODE 3510–06–P and allows information for separate Individuals 15 years old or over who topics to be integrated to form a single, enter the household after Wave 1 will be unified database so that the interaction interviewed; however, if these DEPARTMENT OF COMMERCE between tax, transfer, and other individuals move, they are not followed government and private policies can be unless they happen to move along with Census Bureau examined. Government domestic-policy a Wave 1 sample individual. formulators depend heavily upon the Proposed Information Collection; SIPP information concerning the III. Data Comment Request; Survey of Income distribution of income received directly and Program Participation (SIPP) Wave OMB Control Number: 0607–0944. as money or indirectly as in-kind Form Number: SIPP/CAPI Automated 8 of the 2008 Panel benefits and the effect of tax and Instrument. AGENCY: U.S. Census Bureau. transfer programs on this distribution. Type of Review: Regular submission. They also need improved and expanded ACTION: Notice. Affected Public: Individuals or data on the income and general Households. SUMMARY: The Department of economic and financial situation of the Estimated Number of Respondents: Commerce, as part of its continuing U.S. population. The SIPP has provided 88,267 people per wave. effort to reduce paperwork and these kinds of data on a continuing basis Estimated Time per Response: 30 respondent burden, invites the general since 1983 permitting levels of minutes per person on average. public and other Federal agencies to economic well-being and changes in Estimated Total Annual Burden take this opportunity to comment on these levels to be measured over time. Hours: 133,953 1. proposed and/or continuing information The 2008 panel is currently scheduled Estimated Total Annual Cost: $0. collections, as required by the for 4 years and will include 13 waves Respondent’s Obligation: Voluntary. Paperwork Reduction Act of 1995, of interviewing beginning September Legal Authority: Title 13, United Public Law 104–13 (44 U.S.C. 2008. Approximately 65,300 households States Code, Section 182. 3506(c)(2)(A)). were selected for the 2008 panel, of which 42,032 households were IV. Request for Comments DATES: To ensure consideration, written interviewed. We estimate that each Comments are invited on: (a) Whether comments must be submitted on or household contains 2.1 people, yielding the proposed collection of information before June 28, 2010. 88,267 person-level interviews in Wave is necessary for the proper performance ADDRESSES: Direct all written comments 1 and subsequent waves. Interviews take of the functions of the agency, including to Diana Hynek, Departmental 30 minutes on average. Three waves whether the information shall have Paperwork Clearance Officer, will occur in the 2008 SIPP Panel practical utility; (b) the accuracy of the Department of Commerce, Room 6625, during FY 2011. The total annual agency’s estimate of the burden 14th and Constitution Avenue, NW., burden for 2008 Panel SIPP interviews (including hours and cost) of the Washington, DC 20230 (or via the would be 132,400 hours in FY 2011. proposed collection of information; (c) Internet at [email protected]). The topical modules for the 2008 ways to enhance the quality, utility, and FOR FURTHER INFORMATION CONTACT: Panel Wave 8 collect information about: • Requests for additional information or Annual Income and Retirement 1 (88,267 × .5 hr × 3 waves + 3,100 × .167 hr × copies of the information collection Accounts. 3 waves).

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clarity of the information to be ADDRESSES: Emily Menashes, Acting dates for implementation of the plan or collected; and (d) ways to minimize the Director, Office of Sustainable Fisheries, conservation equivalency measures. burden of the collection of information NMFS, 1315 East-West Highway, Room According to New Jersey’s Division of on respondents, including through the 13362, Silver Spring, MD 20910. Fish and Wildlife, conforming shark use of automated collection techniques FOR FURTHER INFORMATION CONTACT: regulations have been drafted. These or other forms of information Brian Hooker, Fishery Management draft regulations were submitted to the technology. Specialist, NMFS Office of Sustainable Governor’s office for approval, Comments submitted in response to Fisheries, (301) 713–2334. publication, and public comment in the this notice will be summarized and/or SUPPLEMENTARY INFORMATION: fall of 2009. However, a change of State included in the request for OMB administration and other ministerial approval of this information collection; Non-Compliance Statutory Background delays prevented the regulations from they also will become a matter of public The Atlantic Coastal Act, 16 U.S.C. being implemented. During both the record. 5101 et seq., sets forth a non-compliance Commission’s February 2, 2010, Coastal Dated: April 21, 2010. review and determination process that Shark Management Board meeting and Glenna Mickelson, is triggered when the Commission finds its February 4, 2010, Policy and Business Board meetings, New Jersey Management Analyst, Office of the Chief that a state has not implemented Information Officer. measures specified in the Plan and did not protest the Boards’ refers that determination to the determinations that they were not in [FR Doc. 2010–9670 Filed 4–26–10; 8:45 am] compliance with the Plan. BILLING CODE 3510–07–P Secretary for review and potential concurrence. The Secretary delegated all Agency Action In Response to decision-making under this process to Commission Non-Compliance Referral DEPARTMENT OF COMMERCE NMFS, although NMFS is required to notify the Secretary before any final The Commission forwarded the National Oceanic and Atmospheric action is taken. findings of their vote on February 4, Administration The Atlantic Coastal Act’s non- 2010, in a formal non-compliance referral letter that was received on RIN 0648–XV13 compliance process involves two stages of decision-making. In the first stage, the February 8, 2010. In response, NMFS Atlantic Coastal Fisheries Cooperative Secretary (delegated to NMFS) must began the Atlantic Coastal Act’s 30–Day Management Act Provisions; Atlantic make two findings: 1) whether the state Determination clock. Immediately Coastal Shark Fishery in question has failed to carry out its thereafter, NMFS sent letters to the State responsibility under the Commission’s of New Jersey, the Mid-Atlantic and AGENCY: National Marine Fisheries Interstate Fishery Management Plan; New England Fishery Management Service (NMFS), National Oceanic and and if so, 2) whether the measures that Councils, and to the Commission, Atmospheric Administration (NOAA), the state failed to implement and advising them of the Atlantic Coastal Commerce. enforce are necessary for the Act’s non-compliance process, inviting ACTION: Notice of determination of non- conservation of the fishery in question. them to provide commentary on the compliance; Declaration of a These initial findings must be made issue, and in the case of New Jersey, moratorium. within 30 days after receipt of the inviting the State to meet with NMFS to Commission’s non-compliance referral present its position in person or provide SUMMARY: In accordance with the and consequently, this first stage of written comments on the Commission’s Atlantic Coastal Fisheries Cooperative decision-making is referred to as the findings. Management Act (Act), NMFS, upon a ‘‘30–Day Determination.’’ A positive 30– New Jersey elected to meet with delegation of authority from the Day Determination triggers a mandatory NMFS staff on March 2, 2010, via Secretary of Commerce (Secretary), has moratorium on fishing within state conference call and submitted a written determined that the State of New Jersey waters for the fishery in question. This statement outlining their timetable for has failed to carry out its moratorium may begin immediately or implementing the regulations for the responsibilities under the Atlantic at any time within six months of the 30– Atlantic Coastal Shark Plan. States Marine Fisheries Commission’s Day Determination. Specifically, staff of New Jersey’s (Commission) Interstate Fishery Department of Environmental Protection Management Plan for Atlantic Coastal Commission Referral of Non- (NJDEP) outlined their intention to Sharks (Plan) and that the measures Compliance publish the proposed rule, solicit and New Jersey has failed to implement and On February 4, 2010, the Commission respond to public comment, and have a enforce are necessary for the found that the State of New Jersey is out rule in place by mid-July that would be conservation of the shark resource. This of compliance with the Commission compliant with the Commission’s Plan. determination is consistent with the Plan. Specifically, the Commission The Commission also responded on findings of the Commission on February found that New Jersey has not February 25, 2010, re-emphasizing the 4, 2010. Pursuant to the Act, a Federal implemented regulations that are importance of the seasonal closure to moratorium on fishing, possession, and necessary to rebuild depleted shark protect pupping sandbar sharks from landing of all shark species indentified stocks, ensure sustainable harvest of May 15 July 15. No comments have yet in the Commission Plan is hereby others, and provide protection for been received from the New England declared and will be effective on July sharks in nursing and pupping grounds Fishery Management Council or the 30, 2010. The moratorium will not be found within State waters. Mid-Atlantic Fishery Management withdrawn by NMFS until New Jersey is The Commission Plan requires all Council. found to have come back into member States to implement the Plan’s Agency’s Findings compliance with the Commission’s shark regulations by January 1, 2010. As Interstate Fisheries Management Plan of January 2010, all member States New Jersey did not fulfill its for Atlantic Coastal Sharks. except New Jersey had implemented responsibilities under the Commission’s DATES: Effective July 30, 2010. some of the plan and/or had tentative Atlantic Coastal Shark Plan

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New Jersey does not dispute that it commercial fishers. Incorrect mako, blue, and common thresher has not implemented the management identification could lead to additional sharks. Since the State of New Jersey measures for the Commission’s Atlantic mortality on stocks that cannot handle occupies a significant portion of the Coastal Shark Plan. In fact, New Jersey such mortality. As such, many of the Delaware Bay shoreline and also is has already taken several steps to shark management measures, both adjacent to the essential fish habitat for implement the Plan and has been in Federal regulations and those in the many shark species, the State’s communication with NMFS regarding Commission Plan, are designed to implementation of measures consistent its timetable for implementing the Plan. provide conservation to some species by with the Commission Plan is crucial. NMFS determined the measures that extending those regulations to all Accordingly, the State of New Jersey’s New Jersey failed to implement are species. This approach is made to failure to implement conservation necessary for the conservation of the address any mis-identification issues for measures under the Plan could fishery species that look alike to the average jeopardize both Commission and The Atlantic shark species groups person. These types of regulations Federal rebuilding efforts. included in the Commission’s Plan are include but are not limited to placing The Moratorium shall be smooth dogfish species (smooth species into species groups based on the implemented on July 30, 2010 dogfish), small coastal sharks species gear the species is usually caught on, Pursuant to the Atlantic Coastal Act, (Atlantic sharpnose, finetooth, setting the recreational trip and size NMFS must implement a moratorium blacknose, and bonnethead sharks), limits to apply to all species, requiring within 180 days of the positive 30–Day non-sandbar large coastal sharks species all state dealers to obtain a Federal Determination that is being made in this (silky, tiger, blacktip, spinner, bull, dealer permit (which requires a shark matter. On March 16, 2010, NMFS lemon, nurse, scalloped hammerhead, identification course), and establishing notified the State of New Jersey and the great hammerhead, and smooth the seasonal closure for many species Commission of its determination that hammerhead sharks), pelagic species from May 15 to July 15. New Jersey failed to carry out its (shortfin mako, porbeagle, common responsibilities under the Commission’s Current New Jersey regulations thresher, oceanic whitetip, and blue Plan and that the measures New Jersey require commercial fishermen to obtain sharks), prohibited species (sandtiger, has failed to implement and enforce are a Federal commercial shark permit. bigeye sandtiger, whale, basking, white, necessary for the conservation of the Thus, New Jersey commercial shark dusky, bignose, Galapagos, night, reef, shark resource. In this determination fishermen must comply with the Shark narrowtooth, Caribbean sharpnose, and notification NMFS detailed the smalltail, Atlantic angel, longfin mako, Plan by virtue of their Federal permit, actions necessary to avoid the bigeye thresher, sharpnose sevengill, even in the absence of state shark implementation of a Federal bluntnose sixgill, and bigeye sixgill regulations. Many of the Federal moratorium for sharks in New Jersey sharks), and research species (sandbar commercial regulations overlap with the waters. In the initial determination sharks). Commission’s Plan. However, current NMFS would have implemented a As a whole, the measures in the New Jersey recreational regulations, moratorium that would have prohibited, Commission’s Plan are necessary for the such as the 48 inch total length in State waters, the possession of the conservation of Atlantic coastal sharks. minimum size and 2 fish per vessel (or Commission’s non-sandbar large coastal Relative to other fish species, all shark 2 per person if shore fishing) are less shark species, the Commission species have a very low reproductive restrictive than either the Federal or prohibited species, and the Commission potential due to a slow growth rate, late Commission Plan regulations. research species (sandbar sharks) sexual maturity, one to two-year Additionally, New Jersey does not starting May 15, 2010, followed by the reproductive cycles, a small number of prohibit landing of all the Plan’s full moratorium prohibiting, in State young per brood, and specific prohibited and research species. waters, the possession of all shark requirements for nursery areas. Because of these less restrictive species listed in the Commission Plan Additionally, simple biological measures, New Jersey fishermen could starting July 30, 2010. The initial May information on many species such as land more sharks, and smaller sharks 15 date for a moratorium was necessary reproductive cycles, nursery and mating including some species, such as to provide substantial conservation areas, number of young per brood, and sandbar, dusky, and porbeagle sharks, benefit to those Commission shark age at maturity is unknown. A number which have rebuilding time periods of species that utilize the pupping areas of shark species, such as sandbar, at least 70 years. The Commssion has located in New Jersey state waters early dusky, blacknose, and porbeagle sharks, noted that the seasonal closure of the in the year. However, on March 25, 2010 are overfished with lengthy rebuilding pupping and nursing grounds in New Jersey effected a Notice of time periods ranging from 19 years to Delaware Bay and the prohibition on Administrative Change (N.J.A.C. 7:25– approximately 400 years. Other species, landing of sandbar and other coastal 18.1) closing the shark fishing season in such as shortfin mako sharks, are not shark species is necessary to rebuild State waters from May 15 July 15. overfished but are experiencing shark stocks. The Commission’s Although the State’s closure does not overfishing. Many species, such as Technical Committee has identified explicitly prohibit possession of all the white, basking, whale, sand tiger, and Delaware Bay as one of the most prohibited species in the Commission’s bigeye sand tiger sharks, have an important nursing grounds for depleted Plan it has been determined that the unknown status but are prohibited in sandbar sharks on the Atlantic Coast. closure protects shark pupping grounds Federal waters and in the Commission’s This area and other areas in New Jersey in New Jersey waters and meets the Plan due to concerns that fishing state waters is immediately adjacent to conservation objectives of a Federal pressure could lead to overfishing given Federal determinations of essential fish moratorium on the possession of the those species’ life history and very low habitat for one or more life stage Commission’s non-sandbar large coastal reproductive capacity. While all known (neonates, juveniles, or adults) for many shark species, the Commission’s shark species can be identified to species of sharks, including basking, prohibited species, and the species by shark experts, identification great hammerhead, scalloped Commission’s research species (sandbar of certain species of sharks can be easily hammerhead, white, dusky, tiger, sand sharks) beginning May 15, 2010. The confused by recreational and tiger, angel, Atlantic sharpnose, shortfin species not included in the State’s

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closure are: longfin mako, bigeye approximately 65 and 75 percent of the (whale, basking, sand tiger, bigeye sand thresher, sevengill, sixgill, bigeye average yearly commercial and tiger, white, dusky, night, bignose, sixgill, Caribbean sharpnose, smalltail, recreational shark catch already landed, Galapagos, Caribbean reef, narrowtooth, and Atlantic angel sharks. These respectively. This is due to lower water longfin mako, bigeye thresher, sevengill, species, however, are not likely to be temperatures and the resulting southerly sixgill, bigeye sixgill, Caribbean impacted in the short term, prior to July migration of many shark species away sharpnose, smalltail, and Atlantic angel 30, 2010, as their distribution is either from New Jersey. For this reason, a sharks), the Commission’s research offshore in federally-regulated waters, or closure near the end of the six-month species (sandbar sharks), the rarely encountered in New Jersey moratorium window would have had Commission’s small coastal sharks inshore waters. Accordingly, New minimal conservation benefit. (Atlantic sharpnose, blacknose, Jersey’s new regulations have mooted As previously mentioned, New Jersey finetooth, and bonnethead sharks), the the conservation need for a May 15, has already effected an administrative Commission’s pelagic sharks (shortfin 2010, Federal moratorium and as such, change implementing a seasonal closure mako, thresher, oceanic whitetip, a May 15th Federal moratorium for protecting shark nursery grounds from porbeagle, and blue sharks), and smooth these species would achieve no May 15 to July 15. NMFS has dogfish. conservation objective. Since New determined that this action negates the 2. Land, attempt to land, or possess Jersey has yet to adopt all of the need to implement a Federal any of the shark species identified in provisions of the Commission’s shark moratorium for select shark species paragraph 1 (above) in the State of New plan, NMFS has determined that a beginning May 15, 2010 as outlined in Jersey. moratorium effective July 30, 2010, the preferred third alternative described 3. Fail to return to the water would provide conservation benefit for in the previous paragraph. The immediately, with a minimum of injury, all shark species, including the Commission emphasized, and NMFS any Commission shark species Commission’s prohibited shark species concurs, that the state seasonal closure identified in paragraph 1 (above) that and pelagic shark species that are is of particular importance in the are taken incidental to fishing for any observed off the coast of New Jersey protection of certain shark stocks as it other fish species (i.e., as bycatch); later in the year, by preventing shark will close important pupping and 4. Refuse to permit any officer fishing during a time period when nursing grounds in Delaware Bay and authorized to enforce the provisions of substantial shark fishing is still other State waters. New Jersey’s action this moratorium to board a fishing occurring. satisfied that conservation need. vessel subject to such person’s control Staff from NJDEP have also indicated NMFS staff analyzed several for purposes of conducting any search that management measures fully or inspection in connection with the moratorium dates prior to deciding implementing the Commission’s Plan upon the dates specified above. In short, enforcement of this moratorium; are expected to be in place by July 19, 5. Forcibly assault, resist, oppose, there were three categories of timing 2010. These measures in the Plan are impede, intimidate, or interfere with alternatives for Atlantic Coastal Act needed given the biology and stock any such authorized officer in the moratoria: (1) implement a full status of many species of sharks. As conduct of any search or inspection moratorium on all shark species starting such, the State’s cooperation with the under this moratorium; May 15 (the day the Commission’s Commission’s Plan is crucial. 6. Resist a lawful arrest for any act seasonal shark closure begins); (2) Accordingly, its failure to implement prohibited by this moratorium; implement a full moratorium on the last conservation measures under the 7. Ship, transport, offer for sale, sell, possible date (roughly Day 180 of the Commission’s Plan will most certainly purchase, import, or have custody, statutory six-month timeframe); and (3) jeopardize any rebuilding efforts. control, or possession of, any shark implement a moratorium for some shark Moratorium Prohibitions taken or retained in violation of this species on May 15 to be consistent with moratorium; or the Commission Plan’s seasonal shark There will be a prohibition on the 8. Interfere with, delay, or prevent, by closure that would expand to a full possession of all Commission shark any means, the apprehension or arrest of moratorium for all Commission shark species, a group that includes non- another person, knowing that such other species on July 30. In this circumstance, sandbar large coastal shark species, the person has committed any act the chosen third alternative provided Commission’s prohibited species, the prohibited by this moratorium. significant Atlantic coastal shark Commission’s research species (sandbar biological/conservation benefits, sharks), small coastal species, pelagic Classification implemented a seasonal closure similar species, and smooth dogfish species, This declaration of a moratorium is to that of the Commission Plan, and beginning July 30, 2010. Once the consistent with the Atlantic Coastal Act satisfied the need for public notice of moratorium takes effect, proscribed at 16 U.S.C. 5106 insofar as New Jersey the moratorium and interagency conduct shall reflect the prohibited acts has been found to have failed to carry logistical coordination. In March and mandated by the Atlantic Coastal Act as out its responsibilities under the April, commercial New Jersey fishermen set forth as 16 U.S.C. 5106(e). Commission’s Atlantic Coastal Shark land approximately 5–percent and Accordingly, as of Friday, July 30, 2010, Plan and the measures that New Jersey recreational New Jersey fishermen land it shall be unlawful for any person to do has failed to implement and enforce are less than one percent of the yearly the following: necessary for the conservation of the average shark landings. As such, an 1. Engage in fishing for the following shark fishery. Further, the moratorium immediate closure would not offer species within New Jersey waters - 0 to prohibits fishing for Atlantic coastal much more conservation value over a 3 nautical miles (0 to 5.5 kilometers) sharks within New Jersey state waters May 15 closure. The May 15th and July from shore: Commission large coastal and/or possessing or landing Atlantic 30th dates provided more conservation sharks (silky, tiger, blacktip, spinner, coastal sharks and is being implemented than the end of the six-month bull, lemon, nurse, scalloped within six months of the agency moratorium window, which would be hammerhead, great hammerhead, findings. September 6. By September, the fishery smooth hammerhead), the The declaration of moratorium is is beginning to wind down with Commission’s prohibited species consistent with the Administrative

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Procedures Act at 5 U.S.C. 555 insofar commercial shark fisheries in New SUMMARY: Notice is hereby given that as New Jersey was promptly notified of Jersey are of importance to the State, the NMFS Southwest Fisheries Science the Commission’s non-compliance moratorium as proposed is not expected Center, 3333 North Torrey Pines Court, referral and given an opportunity to to materially or adversely affect the La Jolla, CA 92037–1023, has been meet with the agency and provide economy or have an impact of over $100 issued a permit to take green (Chelonia comments on the matter. New Jersey has million. New Jersey has expressed the mydas), loggerhead (Caretta caretta), also been promptly notified of the desire to come into compliance with the olive ridley (Lepidochelys olivacea), and agency’s determination in this matter. Commission’s Plan within this calendar leatherback (Dermochelys coriacea) sea Additionally, NMFS provided notice to year, so although the state has not yet turtles for purposes of scientific the public of this compliance action in completed an affirmative and observable research. a notice published in the Federal regulatory action, NMFS fully expects ADDRESSES: The permit and related Register (75 FR 9158, March 1, 2010). New Jersey to come into compliance documents are available for review NMFS received one comment in with the Plan by the end of the calendar upon written request or by appointment response to that notice. The comment year. The matter creates no serious in the following office(s): supported closing all shark fishing inconsistency with actions by other Permits, Conservation and Education indefinitely off the coast of New Jersey. agencies and it is not expected to have Division, Office of Protected Resources, In response NMFS finds that the material budgetary impacts. The NMFS, 1315 East-West Highway, Room comment goes beyond the scope of declaration of moratorium is not 13705, Silver Spring, MD 20910; phone shark conservation management significant within the meaning of the (301)713–2289; fax (301)713–0376; and measures as detailed in the Executive Order. Southwest Region, NMFS, 501 West Commission’s Plan, and although we The declaration of moratorium is not Ocean Blvd., Suite 4200, Long Beach, concur that a full moratorium on the the result of a policy formulated or CA 90802–4213; phone (562)980–4001; possession of sharks in the State’s implemented by the agency, but is fax (562)980–4018. waters is necessary for shark instead the result of the application of FOR FURTHER INFORMATION CONTACT: Kate conservation beginning July 30, 2010, it found facts to the Congressional Swails or Amy Hapeman (301)713– will only be in place so long as the State standards set forth in the Atlantic 2289. of New Jersey remains out of Coastal Act and as such, the declaration compliance with the Commission’s SUPPLEMENTARY INFORMATION: On does not implicate federalism in the November 18, 2009, notice was Plan. Action beyond that is not manner contemplated by Executive warranted in this action. published in the Federal Register (74 Order 13132. Further, the agency has FR 59525) that a request for a scientific The Assistant Administrator for consulted with New Jersey to the Fisheries, NOAA (AA), finds that research permit to take had been maximum extent practicable in this submitted by the above-named providing additional prior public notice matter given the truncated timeframe set and opportunity for comment is applicant. The requested permit has forth in the Atlantic Coastal Act. Rather, been issued under the authority of the impracticable and unnecessary. the Act provides clear evidence that Providing additional notice and Endangered Species Act of 1973, as Congress intended the Secretary to have amended (ESA; 16 U.S.C. 1531 et seq.) opportunity for comment would be the authority to preempt state law. That impracticable, because it would prevent and the regulations governing the authority has been delegated from the taking, importing, and exporting of the agency from executing its functions Secretary to NMFS. The scope of the under the Act in a timely manner. The endangered and threatened species (50 moratorium reflects the standards set Act contemplates quick action on the CFR parts 222–226). forth in the Atlantic Coastal Act, and as declaration of a moratorium that would The purpose of the proposed research such restricts state law to the minimum not be possible if additional notice and project is to initiate a baseline study of level necessary to further the objectives an opportunity for comment are the status of sea turtles in the San of the statute. provided. Furthermore, providing Gabriel River and Alamitos Bay in Long additional notice and opportunity for Authority: 16 U.S.C. 5101 et seq. Beach, California. Researchers would comment would be unnecessary because Dated: April 22, 2010. also opportunistically take samples and potentially track sea turtles incidentally it would serve no purpose. The nature Samuel D. Rauch III, of a moratorium is described in the Act taken in coastal power plants off Deputy Assistant Administrator for California and that strand live in the and, therefore, cannot be modified in Regulatory Programs, National Marine response to public comments. Fisheries Service. marine environment. Researchers may annually capture, measure, weigh, The declaration of moratorium does [FR Doc. 2010–9738 Filed 4–26–10; 8:45 am] not trigger the analytical requirements photograph/video, flipper tag, passive BILLING CODE 3510–22–S of the Regulatory Flexibility Act, 5 integrated transponder tag (PIT), tissue U.S.C. 601 et seq. because prior notice biopsy, blood sample, scute scrape, and opportunity for public comment are DEPARTMENT OF COMMERCE lavage, ultrasound, oral swab, cloacal not required for this determination by swab, inject tetracycline, and release up the Administrative Procedures Act or National Oceanic and Atmospheric to: ten green, one olive ridley, and three any other law. Administration loggerhead sea turtles taken in power The declaration of a moratorium does plant entrainments; four green, one not fall under review under Executive RIN 0648–XW06 olive ridley, one loggerhead, and two Order 12866 insofar as the moratorium leatherback sea turtles that strand in the is not a regulatory action of the agency Endangered Species; File No. 14510 marine environment; and 35 green, six but is an action mandated by Congress AGENCY: National Marine Fisheries loggerhead, and six olive ridley sea upon the findings of certain conditions Service (NMFS), National Oceanic and turtles during captures as part of the San precedent set forth in the Atlantic Atmospheric Administration (NOAA), Gabriel and Los Alamitos Bay California Coastal Act, which also prescribes the Commerce. project. Some turtles may have satellite nature and extent of the moratorium. transmitters, sonic tags, or camera ACTION: Issuance of permit. Although the recreational and attached. Researchers would also have

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authority to authority to salvage, there are no exports, sales, or entries of To establish whether a firm is necropsy, and sample animals that die subject merchandise during the sufficiently independent from as a result of entrainments or strandings. respective period of review (‘‘POR’’) government control of its export The permit is issued for five years. listed below. If a producer or exporter activities to be entitled to a separate Issuance of this permit, as required by named in this initiation notice had no rate, the Department analyzes each the ESA, was based on a finding that exports, sales, or entries during the entity exporting the subject such permit (1) was applied for in good POR, it should notify the Department merchandise under a test arising from faith, (2) will not operate to the within 30 days of publication of this the Final Determination of Sales at Less disadvantage of such endangered or notice in the Federal Register. The Than Fair Value: Sparklers from the threatened species, and (3) is consistent Department will consider rescinding the People’s Republic of China, 56 FR 20588 with the purposes and policies set forth review only if the producer or exporter, (May 6, 1991), as amplified by Final in section 2 of the ESA. as appropriate, submits a properly filed Determination of Sales at Less Than Dated: April 21, 2010. and timely statement certifying that it Fair Value: Silicon Carbide from the P. Michael Payne, had no exports, sales, or entries of People’s Republic of China, 59 FR 22585 Chief, Permits, Conservation and Education subject merchandise during the POR. (May 2, 1994). In accordance with the Division, Office of Protected Resources, All submissions must be made in separate-rates criteria, the Department National Marine Fisheries Service. accordance with 19 CFR 351.303 and assigns separate rates to companies in [FR Doc. 2010–9736 Filed 4–26–10; 8:45 am] are subject to verification in accordance NME cases only if respondents can demonstrate the absence of both de jure BILLING CODE 3510–22–S with section 782(i) of the Tariff Act of 1930, as amended (‘‘the Act’’). Six copies and de facto government control over of the submission should be submitted export activities. DEPARTMENT OF COMMERCE to the Assistant Secretary for Import All firms listed below that wish to Administration, International Trade qualify for separate-rate status in the International Trade Administration Administration, Room 1870, U.S. administrative reviews involving NME Department of Commerce, 14th Street countries must complete, as Initiation of Antidumping and and Constitution Avenue, NW., appropriate, either a separate-rate Countervailing Duty Administrative Washington, DC 20230. Further, in application or certification, as described Reviews and Request for Revocation accordance with 19 CFR 351.303(f)(1)(i), below. For these administrative reviews, in Part a copy of each request must be served in order to demonstrate separate-rate AGENCY: Import Administration, on every party on the Department’s eligibility, the Department requires International Trade Administration, service list. entities for whom a review was Department of Commerce. requested, that were assigned a separate Respondent Selection rate in the most recent segment of this SUMMARY: The Department of Commerce proceeding in which they participated, (‘‘the Department’’) has received requests In the event the Department limits the to certify that they continue to meet the to conduct administrative reviews of number of respondents for individual criteria for obtaining a separate rate. The various antidumping and countervailing examination for administrative reviews, Separate Rate Certification form will be duty orders and findings with March the Department intends to select available on the Department’s Web site anniversary dates. We received a timely respondents based on U.S. Customs and at http://www.trade.gov/ia on the date of request to revoke one antidumping duty Border Protection (‘‘CBP’’) data for U.S. publication of this Federal Register order in part. In accordance with the imports during the POR. We intend to notice. In responding to the Department’s regulations, we are release the CBP data under certification, please follow the initiating those administrative reviews. Administrative Protective Order ‘‘Instructions for Filing the Certification’’ DATES: Effective Date: April 27, 2010. (‘‘APO’’) to all parties having an APO within five days of publication of this in the Separate Rate Certification. FOR FURTHER INFORMATION CONTACT: Separate Rate Certifications are due to Sheila E. Forbes, Office of AD/CVD initiation notice and to make our decision regarding respondent selection the Department no later than 30 Operations, Customs Unit, Import calendar days after publication of this Administration, International Trade within 20 days of publication of this Federal Register notice. The Federal Register notice. The deadline Administration, U.S. Department of and requirement for submitting a Commerce, 14th Street and Constitution Department invites comments regarding the CBP data and respondent selection Certification applies equally to NME- Avenue, NW., Washington, DC 20230, owned firms, wholly foreign-owned telephone: (202) 482–4697. within 10 calendar days of publication of this Federal Register notice. firms, and foreign sellers who purchase SUPPLEMENTARY INFORMATION: and export subject merchandise to the Separate Rates Background United States. Entities that currently do not have a The Department has received timely In proceedings involving non-market separate rate from a completed segment economy (‘‘NME’’) countries, the requests, in accordance with 19 CFR of the proceeding 1 should timely file a Department begins with a rebuttable 351.213(b), for administrative reviews of Separate Rate Application to presumption that all companies within various antidumping and countervailing demonstrate eligibility for a separate the country are subject to government duty orders and findings with March rate in this proceeding. In addition, control and, thus, should be assigned a anniversary dates. We also received a companies that received a separate rate timely request to revoke in part the single antidumping duty deposit rate. It antidumping duty order on Certain is the Department’s policy to assign all 1 Such entities include entities that have not Orange Juice from Brazil with respect to exporters of merchandise subject to an participated in the proceeding, entities that were one exporter. administrative review in an NME preliminarily granted a separate rate in any country this single rate unless an currently incomplete segment of the proceeding Notice of No Sales (e.g., an ongoing administrative review, new exporter can demonstrate that it is shipper review, etc.) and entities that lost their Under 19 CFR 351.213(d)(3), the sufficiently independent so as to be separate rate in the most recently complete segment Department may rescind a review where entitled to a separate rate. of the proceeding in which they participated.

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in a completed segment of the Rate Application, refer to the selected as mandatory respondents, proceeding that have subsequently instructions contained in the these exporters and producers will no made changes, including, but not application. Separate Rate Applications longer be eligible for separate-rate status limited to, changes to corporate are due to the Department no later than unless they respond to all parts of the structure, acquisitions of new 60 calendar days of publication of this questionnaire as mandatory companies or facilities, or changes to Federal Register notice. The deadline respondents. their official company name,2 should and requirement for submitting a Initiation of Reviews timely file a Separate Rate Application Separate Rate Application applies to demonstrate eligibility for a separate equally to NME-owned firms, wholly In accordance with section 19 CFR rate in this proceeding. The Separate foreign-owned firms, and foreign sellers 351.221(c)(1)(i), we are initiating Rate Application will be available on that purchase and export subject administrative reviews of the following the Department’s Web site at http:// merchandise to the United States. antidumping and countervailing duty www.trade.gov/ia on the date of For exporters and producers who orders and findings. We intend to issue publication of this Federal Register submit a separate-rate status application the final results of these reviews not notice. In responding to the Separate or certification and subsequently are later than March 31, 2011.

Period to be reviewed

Antidumping Duty Proceedings Brazil: Certain Hot-Rolled Carbon Steel Flat Products A–351–828 ...... 3/1/09–2/28/10 Companhia Siderurgica Paulista (Cosipa). Usiminas Siderurgicas de Minas Gerais, S.A. (Usiminas). Companhia Siderurgica de Tubarao (CST). Companhia Siderurgica Nacional (CSN). Certain Orange Juice A–351–840 ...... 3/1/09–2/28/10 Fischer S/A Agroindustria/Fischer S.A. Comercio, Industria, and Agricultura. Sucocitrico Cutrale S.A. Coinbra-Frutesp S.A. Montecitrus Trading S.A. Germany: Brass Sheet and Strip A–428–602 ...... 3/1/09–2/28/10 Wieland-Werke AG. Thailand: Circular Welded Carbon Steel Pipe and Tube A–549–502 ...... 3/1/09–2/28/10 Saha Thai Steel Pipe Company, Ltd. The People’s Republic of China: Certain Tissue Paper Products 3 A–570–894 ...... 3/1/09–2/28/10 Fujian Provincial Shaowu City Huaguang Special Craft Co., Ltd. Max Fortune Industrial Limited. Max Fortune (FZ) Paper Products Co., Ltd. (f/k/a Max Fortune (FETDE) Paper Products Co., Ltd.). Max Fortune (Vietnam) Paper Products Company Limited. Circular Welded Austenitic Stainless Pressure Pipe 4 A–570–930 ...... 9/5/08—2/28/10 Zhejiang Jiuli Hi-Tech Metals Co., Ltd. Glycine 5 A–570–836 ...... 3/1/09–2/28/10 A&A Pharmachem Inc. Advance Exports. Aico Laboratories Ltd. Baoding Mantong Fine Chemistry Co., Ltd. Beijing Onlystar Technology Co. Ltd. Bulk Pharmaceuticals Corp. Changzhou An-Yuan Imp. Exp. Co. China Jiangsu International. Chiyuen International Trading Ltd. Easybuyer Hong Kong Ltd. General Ingredient Inc. Hebei Donghua Chemical Corporation. Jizhou City Huayang Chemical Co., Ltd. Keele Warehousing & Logistics. Kissner Milling Co. Ltd. Kowa Company Ltd. Long Dragon Company Ltd. Maruzen Chemicals Company Limited. Nantong Dongchang Chemical Industry Corp. Nutracare International. Pancosma Canada. Paras Intermediates Pvt. Ltd. Qingdao Samin Chemical Co., Ltd. Ravi Industries. Salvi Chemical Industries.

2 Only changes to the official company name, a Separate Rate Application. Information regarding new trade names may be submitted via a Separate rather than trade names, need to be addressed via Rate Certification.

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Period to be reviewed

Samin Chemical Co., Ltd. Shaanxi Maxsun Trading Co., Ltd. Shijiazhuang Green Ccarbon Products Co., Ltd. Showa Denko K.K. Sinochem Qingdao Company, Ltd. Tianjin Tiancheng Pharmaceutical Company. Yuki Gosei Kogyo Co., Ltd. Countervailing Duty Proceedings None. Suspension Agreements None.

During any administrative review administrative protective orders in (the ‘‘Department’’) received a petition covering all or part of a period falling accordance with 19 CFR 351.305. On concerning imports of aluminum between the first and second or third January 22, 2008, the Department extrusions from the People’s Republic of and fourth anniversary of the published Antidumping and China (‘‘PRC’’) filed in proper form by publication of an antidumping duty Countervailing Duty Proceedings: the Aluminum Extrusions Fair Trade order under 19 CFR 351.211 or a Documents Submission Procedures; Committee,1 and the United Steel, Paper determination under 19 CFR APO Procedures (73 FR 3634). Those and Forestry, Rubber, Manufacturing, 351.218(f)(4) to continue an order or procedures apply to administrative Energy, Allied Industrial and Service suspended investigation (after sunset reviews included in this notice of Workers International Union review), the Secretary, if requested by a initiation. Parties wishing to participate (collectively, ‘‘Petitioners’’). See domestic interested party within 30 in any of these administrative reviews Petitions for the Imposition of days of the date of publication of the should ensure that they meet the Antidumping and Countervailing notice of initiation of the review, will requirements of these procedures (e.g., Duties: Aluminum Extrusions from the determine, consistent with FAG Italia v. the filing of separate letters of People’s Republic of China dated March United States, 291 F.3d 806 (Fed. Cir. appearance as discussed at 19 CFR 31, 2010 (‘‘Petition’’). On April 6 and 2002), as appropriate, whether 351.103(d)). April 7, 2010, the Department issued antidumping duties have been absorbed These initiations and this notice are requests for information and by an exporter or producer subject to the in accordance with section 751(a) of the clarification of certain areas of the review if the subject merchandise is Tariff Act of 1930, as amended (19 Petition. Petitioners timely filed sold in the United States through an U.S.C. 1765(a)), and 19 CFR additional information on April 9, importer that is affiliated with such 351.221(c)(1)(i). 2010,2 and on April 19, 2010.3 On April exporter or producer. The request must 14, 2010, the Department asked Dated: April 19, 2010. include the name(s) of the exporter or Petitioners additional questions producer for which the inquiry is John M. Andersen, regarding the re–bracketing of certain requested. Acting Deputy Assistant Secretary for information. Petitioners responded to For the first administrative review of Antidumping and Countervailing Duty the Department’s questions in the any order, there will be no assessment Operations. Second Supplement to the AD Petition, of antidumping or countervailing duties [FR Doc. 2010–9491 Filed 4–23–10; 4:15 pm] dated April 15, 2010 (‘‘Second on entries of subject merchandise BILLING CODE 3510–DS–P Supplement to the AD Petition’’). entered, or withdrawn from warehouse, The period of investigation (‘‘POI’’) is for consumption during the relevant July 1, 2009, through December 31, provisional-measures ‘‘gap’’ period, of DEPARTMENT OF COMMERCE 2009. See 19 CFR 351.204(b)(1). the order, if such a gap period is In accordance with section 732(b) of International Trade Administration applicable to the POR. the Tariff Act of 1930, (‘‘the Act’’), Interested parties must submit [A–570–967] Petitioners allege that imports of applications for disclosure under Aluminum Extrusions from the 1 The Aluminum Extrusions fair Trade Committee 3 If one of the above-named companies does not People’s Republic of China: Initiation is comprised of Aerolite Extrusion Company, qualify for a separate rate, all other exporters of of Antidumping Duty Investigation Alexandria Extrusion Company, Benada Aluminum Certain Tissue Paper Products from the People’s of Florida, Inc., William L. Bonnell Company, Inc., Frontier Aluminum Corporation, Futura Industries Republic of China (‘‘PRC’’) who have not qualified EFFECTIVE DATE: April 27, 2010. for a separate rate are deemed to be covered by this Corporation, Hydro Aluminum North America, Inc., review as part of the single PRC entity of which the FOR FURTHER INFORMATION CONTACT: John Kaiser Aluminum Corporation, Profile Extrusions named exporters are a part. Hollwitz, Andrea Staebler Berton or Company, Sapa Extrusions, Inc. and Western 4 Extrusions Corporation. If the above-named company does not qualify Charles Riggle, AD/CVD Operations, for a separate rate, all other exporters of Circular 2 See Aluminum Extrusions from the People’s Welded Austenitic Stainless Pressure Pipe from the Office 8, (202) 482–2336, (202) 482– Republic of China: Petitioner’s Response to the PRC who have not qualified for a separate rate are 4037 or (202) 482–0650, respectively; Department’s April 6, 2010, Request for deemed to be covered by this review as part of the Import Administration, International Clarification of Certain Items Contained in the single PRC entity of which the named exporters are Petition, dated April 9, 2010 (‘‘Supplement to a part. Trade Administration, U.S. Department General Issues Petition’’). 5 If one of the above-named companies does not of Commerce, 14th Street and 3 See Aluminum Extrusions from the People’s qualify for a separate rate, all other exporters of Constitution Avenue, NW, Washington, Republic of China: Petitioner’s Response to the Glycine from the PRC who have not qualified for DC 20230. Department’s April 7, 2010, Request for a separate rate are deemed to be covered by this Clarification of Certain Items Contained in the review as part of the single PRC entity of which the SUPPLEMENTARY INFORMATION: On March Petition, dated April 19, 2010 (‘‘Supplement to the named exporters are a part. 31, 2010, the Department of Commerce AD Petition’’).

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aluminum extrusions from the PRC are order to more accurately report the industry support using a statistically being, or are likely to be, sold in the relevant factors and costs of production, valid sampling method to poll the United States at less than fair value, as well as to develop appropriate industry. within the meaning of section 731 of the product comparison criteria. Section 771(4)(A) of the Act defines Act, and that such imports are Interested parties may provide the ‘‘industry’’ as the producers as a materially injuring, or threatening information or comments that they whole of a domestic like product. Thus, material injury to, an industry in the believe are relevant to the development to determine whether a petition has the United States. of an accurate listing of physical requisite industry support, the statute The Department finds that Petitioners characteristics. Specifically, they may directs the Department to look to filed the Petition on behalf of the provide comments as to which producers and workers who produce the domestic industry because Petitioners characteristics are appropriate to use as: domestic like product. The U.S. are an interested party, as defined in 1) general product characteristics; and International Trade Commission (‘‘ITC’’), section 771(9)(C), (D), and (F) of the Act, 2) the product comparison criteria. We which is responsible for determining and have demonstrated sufficient note that it is not always appropriate to whether ‘‘the domestic industry’’ has industry support with respect to the use all product characteristics as been injured, must also determine what antidumping duty investigation that product comparison criteria. We base constitutes a domestic like product in Petitioners are requesting the product comparison criteria on order to define the industry. While both Department to initiate (see meaningful commercial differences the Department and the ITC must apply ‘‘Determination of Industry Support for among products. In other words, while the same statutory definition regarding the Petition’’ section below). there may be some physical product the domestic like product (see section characteristics utilized by 771(10) of the Act), they do so for Scope of the Investigation manufacturers to describe aluminum different purposes and pursuant to a The products covered by this extrusions, it may be that only a select separate and distinct authority. In investigation are aluminum extrusions few product characteristics take into addition, the Department’s from the PRC. For a full description of account commercially meaningful determination is subject to limitations of the scope of the investigation, please see physical characteristics. In addition, time and information. Although this ‘‘Scope of Investigation,’’ in Appendix I interested parties may comment on the may result in different definitions of the of this notice. order in which the physical like product, such differences do not Comments on Scope of the Investigation characteristics should be used in render the decision of either agency product matching. Generally, the contrary to law. See USEC, Inc. v. During our review of the Petition, we Department attempts to list the most United States, 132 F. Supp. 2d 1, 8 (CIT discussed the scope with Petitioners to important physical characteristics first 2001), citing Algoma Steel Corp., Ltd. v. ensure that it is an accurate reflection of and the least important characteristics United States, 688 F. Supp. 639, 644 the products for which the domestic last. (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. industry is seeking relief. Moreover, as In order to consider the suggestions of 1989), cert. denied 492 U.S. 919 (1989). discussed in the preamble to the interested parties in developing and Section 771(10) of the Act defines the regulations (Antidumping Duties; issuing the antidumping duty domestic like product as ‘‘a product Countervailing Duties; Final Rule, 62 FR questionnaires, we must receive which is like, or in the absence of like, 27296, 27323 (May 19, 1997)), we are comments at the above–referenced most similar in characteristics and uses setting aside a period for interested address by May 10, 2010. Additionally, with, the article subject to an parties to raise issues regarding product rebuttal comments must be received by investigation under this title.’’ Thus, the coverage. The Department encourages May 17, 2010. reference point from which the interested parties to submit such domestic like product analysis begins is Determination of Industry Support for comments by Monday, May 10, 2010, ‘‘the article subject to an investigation’’ the Petition which is twenty calendar days from the (i.e., the class or kind of merchandise to signature date of this notice. Comments Section 732(b)(1) of the Act requires be investigated, which normally will be should be addressed to Import that a petition be filed on behalf of the the scope as defined in the petition). Administration’s APO/Dockets Unit, domestic industry. Section 732(c)(4)(A) With regard to the domestic like Room 1870, U.S. Department of of the Act provides that a petition meets product, Petitioners do not offer a Commerce, 14th Street and Constitution this requirement if the domestic definition of domestic like product Avenue, NW, Washington, DC 20230. producers or workers who support the distinct from the scope of the The period of scope consultations is petition account for: (i) at least 25 investigation. Based on our analysis of intended to provide the Department percent of the total production of the the information submitted on the with ample opportunity to consider all domestic like product; and (ii) more record, we have determined that comments and to consult with parties than 50 percent of the production of the aluminum extrusions constitute a single prior to the issuance of the preliminary domestic like product produced by that domestic like product and we have determination. portion of the industry expressing analyzed industry support in terms of support for, or opposition to, the that domestic like product. For a Comments on Product Characteristics petition. Moreover, section 732(c)(4)(D) discussion of the domestic like product for Antidumping Duty Questionnaires of the Act provides that, if the petition analysis in this case, see Antidumping We are requesting comments from does not establish support of domestic Duty Investigation Initiation Checklist: interested parties regarding the producers or workers accounting for Aluminum Extrusions from the People’s appropriate physical characteristics of more than 50 percent of the total Republic of China (‘‘Checklist’’), at aluminum extrusions to be reported in production of the domestic like product, Attachment II, Industry Support, on file response to the Department’s the Department shall: (i) poll the in the Central Records Unit, Room 1117 antidumping questionnaires. This industry or rely on other information in of the main Department of Commerce information will be used to identify the order to determine if there is support for building. key physical characteristics of the the petition, as required by In determining whether Petitioners merchandise under consideration in subparagraph (A); or (ii) determine have standing under section

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732(c)(4)(A) of the Act, we considered the meaning of section 732(b)(1) of the Petitioners adjusted the export price for the industry support data contained in Act. See id. brokerage and handling and foreign the Petition with reference to the The Department finds that Petitioners domestic inland freight. See Checklist; domestic like product as defined in the filed the Petition on behalf of the see also Volume II of the Petition, at 1– ‘‘Scope of Investigations’’ section above. domestic industry because it is an 2 and Exhibits II–2 and II–3. interested party as defined in section To establish industry support, Normal Value Petitioners provided their production of 771(9)(C), (D), and (F) of the Act and it the domestic like product in 2009. See has demonstrated sufficient industry Petitioners claim the PRC is a non– Volume I of the Petition at Exhibit I–3. support with respect to the antidumping market economy (‘‘NME’’) country and In addition Petitioners provided letters duty investigation that it is requesting that no determination to the contrary of support from ten additional the Department initiate. See id. has been made by the Department. See companies that produce the domestic Volume II of the Petition, at 2. In Allegations and Evidence of Material accordance with section 771(18)(C)(i) of like product. See id. Petitioners Injury and Causation compared their production and the the Act, the presumption of NME status production of the supporters of the Petitioners alleged that the U.S. remains in effect until revoked by the Petition to the estimated total industry producing the domestic like Department. The presumption of NME production of the domestic like product product is being materially injured, or is status for the PRC has not been revoked for the entire domestic industry. See threatened with material injury, by by the Department and, therefore, Volume I of the Petition at 3–4 and reason of the imports of the subject remains in effect for purposes of the Exhibits I–3 and I–4. Petitioners merchandise sold at less than normal initiation of this investigation. estimated total industry production of value (‘‘NV’’). In addition, Petitioners Accordingly, the NV of the product for the domestic like product for 2009 using alleged that subject imports exceed the the PRC investigation is appropriately industry wide shipment data from the negligibility threshold provided for based on factors of production valued in Aluminum Association, which under section 771(24)(A) of the Act. a surrogate market–economy country in according to Petitioners is ‘‘an Petitioners contended that the accordance with section 773(c) of the independent and authoritative source industry’s injured condition is Act. In the course of this investigation, for aluminum industry data.’’ See illustrated by reduced market share, all parties, including the public, will Volume I of the Petition, at 3. We have increased raw material cost, declining have the opportunity to provide relevant information related to the issue of the relied upon data Petitioners provided capacity, production, shipments, PRC’s NME status and the granting of for purposes of measuring industry underselling and price depression or suppression, reduced employment, separate rates to individual exporters. support. For further discussion, see Petitioners contend that India is the Checklist at Attachment II. hours worked, and wages paid, declines in financial performance, lost sales and appropriate surrogate country for the Our review of the data provided in the revenue, and an increase in import PRC because: 1) it is at a level of Petition, supplemental submissions, and penetration. See Volume I of the economic development comparable to other information readily available to Petition, at 16, 19–27, 30–33, and that of the PRC and 2) it is a significant the Department indicates that Exhibits I–10 through I–15, III–33; and producer and exporter of comparable Petitioners have established industry Supplement to AD/CVD Petitions, dated merchandise. See Volume II of the support. First, the Petition established April 9, 2010, at 8–9, and Attachment 4. Petition, at 3–5, and Exhibits II–4 and support from domestic producers (or We have assessed the allegations and II–16. Based on the information workers) accounting for more than 50 supporting evidence regarding material provided by Petitioners, we believe that percent of the total production of the injury, threat of material injury, and it is appropriate to use India as a domestic like product and, as such, the causation, and have determined that surrogate country for initiation Department is not required to take these allegations are properly supported purposes. After initiation of the further action in order to evaluate by adequate evidence and meet the investigation, interested parties will industry support (e.g., polling). See statutory requirements for initiation. See have the opportunity to submit Section 732(c)(4)(D) of the Act, and Checklist at Attachment III. comments regarding surrogate country Checklist at Attachment 2. Second, the selection and, pursuant to 19 CFR domestic producers (or workers) have Allegations of Sales at Less Than Fair 351.301(c)(3)(i), will be provided an met the statutory criteria for industry Value opportunity to submit publicly available support under section 732(c)(4)(A)(i) of The following is a description of the information to value factors of the Act because the domestic producers allegations of sales at less than fair value production within 40 days after the date (or workers) who support the Petition upon which the Department based its of publication of the preliminary account for at least 25 percent of the decision to initiate this investigation of determination. total production of the domestic like imports of aluminum extrusions from Petitioners calculated NV and the product. See Checklist at Attachment II. the PRC. The sources of data for the dumping margins using the Finally, the domestic producers (or deductions and adjustments relating to Department’s NME methodology as workers) have met the statutory criteria the U.S. price and the factors of required by 19 CFR 351.202(b)(7)(i)(C) for industry support under section production are also discussed in the and 19 CFR 351.408. In calculating NV, 732(c)(4)(A)(ii) of the Act because the initiation checklist. See Checklist. Petitioners based the quantity of each of domestic producers (or workers) who the inputs used to manufacture support the Petition account for more U.S. Price aluminum extrusions in the PRC on than 50 percent of the production of the Petitioners calculated export price product–specific production costs and/ domestic like product produced by that (‘‘EP’’) based on documentation of offers or consumption rates of an aluminum portion of the industry expressing for extrusions producer in the United States support for, or opposition to, the sale obtained from a confidential (‘‘Surrogate Domestic Producer’’) for Petition. Accordingly, the Department source. See Checklist; see also Volume identical or similar merchandise during determines that the Petition was filed on II of the Petition, at 1 and Exhibits II– the POI. See Volume II of the Petition, behalf of the domestic industry within 1 and II–2. Based on the terms of sale, at 5–8 and Exhibits II–2, II–6, II–7 and

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II–9. Petitioners state that the actual Supplement to the AD Petition at later than 140 days after the date of this usage rates of the foreign manufacturers Exhibit S–3. Petitioners valued initiation. of aluminum extrusions are not electricity using the Indian electricity Targeted Dumping Allegations reasonably available; however, rate reported by the Central Electric Petitioners note that according to the Authority of the Government of India. On December 10, 2008, the information available, the production of See Supplement to the AD Petition, at Department issued an interim final rule aluminum extrusions relies on similar 7 and Exhibit S–3. Petitioners for the purpose of withdrawing 19 CFR production methods to the Surrogate determined natural gas costs using the 351.414(f) and (g), the regulatory Domestic Producer. See Volume II of the natural gas consumption, in million provisions governing the targeted Petition, at 5 and Exhibit II–8. British thermal units (‘‘mmBtu’’), dumping analysis in antidumping duty As noted above, Petitioners derived from the Surrogate Domestic investigations, and the corresponding determined the consumption quantities Producer’s experience. See Volume II of regulation governing the deadline for of all raw materials based on the the Petition, at 8, and Exhibit II–6 and targeted dumping allegations, 19 CFR production experience of the Surrogate II–9. Petitioners valued natural gas 351.301(d)(5). See Withdrawal of the Domestic Producer. Petitioners valued using the same methodology the Regulatory Provisions Governing most of the factors of production based Department used in the recent initiation Targeted Dumping in Antidumping on reasonably available, public of Certain Coated Paper Suitable for Duty Investigations, 73 FR 74930 surrogate country data, specifically, High–Quality Print Graphics Using (December 10, 2008). The Department Indian import statistics from the Global Sheet–Fed Presses from Indonesia and stated that ‘‘withdrawal will allow the Trade Atlas (‘‘GTA’’). See Volume II of the People’s Republic of China, which Department to exercise the discretion the Petition, at 6–8; see also Second was based on Indian import statistics. intended by the statute and, thereby, Supplement to the AD Petition, at See Volume II of the Petition, at 8 and develop a practice that will allow Exhibit S–2. Petitioners excluded from Exhibit II–15. interested parties to pursue all statutory these import statistics imports from Petitioners determined packing costs avenues of relief in this area.’’ Id. at countries previously determined by the using data from the GTA, derived from 74931. Department to be NME countries. the Surrogate Domestic Producer’s In order to accomplish this objective, Petitioners also excluded import experience. See Volume II of the if any interested party wishes to make statistics from Indonesia, the Republic Petition, at Exhibit II–6; see also a targeted dumping allegation in this of Korea, and Thailand, as the Supplement to the AD Petition, at 4 and investigation pursuant to section Department has previously excluded Exhibits S–4 and S–6. 777A(d)(1)(B) of the Act, such allegation prices from these countries because they Petitioners based factory overhead, is due no later than 45 days before the maintain broadly available, non– selling, general and administrative scheduled date of the preliminary industry-specific export subsidies. See expenses, and profit on data from Jindal determination. Second Supplement to the AD Petition, Aluminium, Ltd., a producer of Respondent Selection at Exhibit S–2. Petitioners valued aluminum extrusions, for the 2008 2009 certain other factors of production using fiscal year. See Volume II of the For this investigation, the Department price data obtained from the Bombay Petition, at 8 and Exhibit II–16. will request quantity and value Metal Exchange, as published by information from known exporters and Fair–Value Comparisons Reuters India. See Volume II of the producers identified with complete Petition, at 7, and Second Supplement Based on the data provided by contact information in the Petition. The to the AD Petition, at Exhibit S–1. In Petitioners, there is reason to believe quantity and value data received from addition, Petitioners made currency that imports of aluminum extrusions NME exporters/producers will be used conversions, where necessary, based on from the PRC are being, or are likely to as the basis to select the mandatory the POI–average rupee/U.S. dollar be, sold in the United States at less than respondents. exchange rate, as reported on the fair value. Based on a comparison of The Department requires that the Department’s web site. See Volume II of U.S. prices and NV calculated in respondents submit a response to both the Petition, at 7 and Exhibit II–11. accordance with section 773(c) of the the quantity and value questionnaire Petitioners determined labor costs using Act, as described above, the estimated and the separate–rate application by the the labor consumption, in hours, dumping margins for aluminum respective deadlines in order to receive derived from the Surrogate Domestic extrusions from the PRC range from consideration for separate–rate status. Producer’s experience. See Volume II of 32.57 percent to 33.32 percent. See See Circular Welded Austenitic the Petition, at 7 and Exhibits II–6 and Checklist and Second Supplement to Stainless Pressure Pipe from the II–9. Petitioners valued labor costs using the AD Petition at Exhibit S–2. People’s Republic of China: Initiation of the Department’s NME Wage Rate for Antidumping Duty Investigation, 73 FR Initiation of Antidumping Investigation the PRC at http://ia.ita.doc.gov/wages/ 10221, 10225 (February 26, 2008); 07wages/final/final–2009–2007– Based upon the examination of the Initiation of Antidumping Duty wages.html. See Volume II of the Petition on aluminum extrusions from Investigation: Certain Artist Canvas Petition, at 7 and Exhibit II–13. For the PRC, the Department finds the From the People’s Republic of China, 70 purposes of initiation, the Department Petition meets the requirements of FR 21996, 21999 (April 28, 2005). On determines that the surrogate values section 732 of the Act. Therefore, we are the date of the publication of this used by Petitioners are reasonably initiating an antidumping duty initiation notice in the Federal Register, available and, thus, acceptable for investigation to determine whether the Department will post the quantity purposes of initiation. imports of aluminum extrusions from and value questionnaire along with the Petitioners determined electricity the PRC are being, or are likely to be, filing instructions on the Import costs using the electricity consumption, sold in the United States at less than fair Administration web site at http:// in kilowatt hours, derived from the value. In accordance with section ia.ita.doc.gov/ia–highlights-and– Surrogate Domestic Producer’s 733(b)(1)(A) of the Act and 19 CFR news.html, and a response to the experience. See Volume II of the 351.205(b)(1), unless postponed, we will quantity and value questionnaire is due Petition, at 7 and Exhibit II–14; see also make our preliminary determinations no no later than May 11, 2010. Also, the

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Department will send the quantity and separate rate in this investigation. The This notice is issued and published value questionnaire to those PRC Policy Bulletin states: pursuant to section 777(i) of the Act. {} companies identified in the Petition in hile continuing the practice of Dated: April 20, 2010. assigning separate rates only to Volume I of the Petition, at Exhibit I–8. Ronald K. Lorentzen, Interested parties must submit exporters, all separate rates that the Department will now assign in its Deputy Assistant Secretary for Import applications for disclosure under APO Administration. in accordance with 19 CFR 351.305. NME investigations will be specific Instructions for filing such applications to those producers that supplied the Attachment I may be found on the Department’s web exporter during the period of Scope of the Investigations site at http://ia.ita.doc.gov/apo. investigation. Note, however, that one rate is calculated for the The merchandise covered by these Separate Rates Application exporter and all of the producers investigations is aluminum extrusions which are shapes and forms, produced In order to obtain separate–rate status which supplied subject merchandise to it during the period by an extrusion process, made from in NME investigations, exporters and aluminum alloys having metallic producers must submit a separate–rate of investigation. This practice applies both to mandatory elements corresponding to the alloy status application. See Policy Bulletin series designations published by The 05.1: Separate–Rates Practice and respondents receiving an individually calculated separate Aluminum Association commencing Application of Combination Rates in with the numbers 1, 3, and 6 (or rate as well as the pool of non– Antidumping Investigations involving proprietary equivalents or other investigated firms receiving the Non–Market Economy Countries, dated certifying body equivalents). weighted–average of the April 5, 2005 (‘‘Policy Bulletin’’), Specifically, the subject merchandise individually calculated rates. This available on the Department’s web site made from aluminum alloy with an practice is referred to as the at http://ia.ita.doc.gov/policy/bull05– Aluminum Association series application of ‘‘combination rates’’ 1.pdf. Based on our experience in designation commencing with the because such rates apply to specific processing the separate–rate number 1 contains not less than 99 combinations of exporters and one applications in previous antidumping percent aluminum by weight. The or more producers. The cash– duty investigations, we have modified subject merchandise made from deposit rate assigned to an exporter the application for this investigation to aluminum alloy with an Aluminum will apply only to merchandise make it more administrable and easier Association series designation both exported by the firm in for applicants to complete. See, e.g., commencing with the number 3 question and produced by a firm Initiation of Antidumping Duty contains manganese as the major that supplied the exporter during Investigation: Certain New Pneumatic alloying element, with manganese the period of investigation. Off–the-Road Tires From the People’s accounting for not more than 3.0 Republic of China, 72 FR 43591, 43594– See Policy Bulletin at 6 (emphasis added). percent of total materials by weight. The 95 (August 6, 2007). The specific subject merchandise made from an requirements for submitting the Distribution of Copies of the Petition aluminum alloy with an Aluminum separate–rate application in this In accordance with section Association series designation investigation are outlined in detail in 732(b)(3)(A) of the Act and 19 CFR commencing with the number 6 the application itself, which will be 351.202(f), copies of the public versions contains magnesium and silicon as the available on the Department’s web site of the Petition have been provided to major alloying elements, with at http://ia.ita.doc.gov/ia–highlights- the representatives of the Government of magnesium accounting for at least 0.1 and–news.html on the date of the PRC. Because of the large number of percent but not more than 2.0 percent of publication of this initiation notice in producers/exporters identified in the total materials by weight, and silicon the Federal Register. The separate–rate Petition, the Department considers the accounting for at least 0.1 percent but application will be due 60 days after service of the public version of the not more than 3.0 percent of total publication of this initiation notice. For Petition to the foreign producers/ materials by weight. The subject exporters and producers who submit a exporters satisfied by the delivery of the aluminum extrusions are properly separate–rate status application and public version to the Government of the identified by a four–digit alloy series subsequently are selected as mandatory PRC, consistent with 19 CFR without either a decimal point or respondents, these exporters and 351.203(c)(2). leading letter. Illustrative examples from producers will no longer be eligible for among the approximately 160 registered consideration for separate rate status ITC Notification alloys that may characterize the subject unless they respond to all parts of the We have notified the ITC of our merchandise are as follows: 1350, 3003, questionnaire as mandatory initiations, as required by section 732(d) and 6060. respondents. As noted in the of the Act. Aluminum extrusions are produced and ‘‘Respondent Selection’’ section above, imported in a wide variety of shapes the Department requires that Preliminary Determinations by the ITC and forms, including, but not limited to, respondents submit a response to both The ITC will preliminarily determine, hollow profiles, other solid profiles, the quantity and value questionnaire no later than May 17, 2010, whether pipes, tubes, bars, and rods. Aluminum and the separate rate application by the there is a reasonable indication that extrusions that are drawn subsequent to respective deadlines in order to receive imports of aluminum extrusions from extrusion (‘‘drawn aluminum’’) are also consideration for separate–rate status. the PRC are materially injuring, or included in the scope. threatening material injury to a U.S. Aluminum extrusions are produced and Use of Combination Rates in an NME industry. A negative ITC determination imported with a variety of finishes (both Investigation will result in the investigation being coatings and surface treatments), and The Department will calculate terminated; otherwise, this investigation types of fabrication. The types of combination rates for certain will proceed according to statutory and coatings and treatments applied to respondents that are eligible for a regulatory time limits. subject aluminum extrusions include,

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but are not limited to, extrusions that combination of parts that contains, at The Petition are mill finished (i.e., without any the time of importation, all of the On March 31, 2010, the Department of coating or further finishing), brushed, necessary parts to fully assemble a final Commerce (‘‘Department’’) received a buffed, polished, anodized (including finished good. countervailing duty (‘‘CVD’’) petition bright–dip anodized), liquid painted, or The scope also excludes aluminum concerning imports of certain aluminum powder coated. Aluminum extrusions alloy sheet or plates produced by other extrusions from the People’s Republic of may also be fabricated, i.e., prepared for than the extrusion process, such as China (‘‘PRC’’) filed in proper form by assembly. Such operations would aluminum products produced by a the Aluminum Extrusions Fair Trade include, but are not limited to, method of casting. Cast aluminum Committee1 and the United Steel, Paper extrusions that are cut–to-length, products are properly identified by four and Forestry, Rubber, Manufacturing, machined, drilled, punched, notched, digits with a decimal point between the Energy, Allied Industrial and Service bent, stretched, knurled, swedged, third and fourth digit. A letter may also Workers International Union mitered, chamfered, threaded, and spun. precede the four digits. The following (collectively, ‘‘Petitioners’’). See The The subject merchandise includes Aluminum Association designations are Petitions for the Imposition of aluminum extrusions that are finished representative of aluminum alloys for Antidumping and Countervailing Duties (coated, painted, etc.), fabricated, or any casting: 208.0, 295.0, 308.0, 355.0, Against Aluminum Extrusions from the combination thereof. C355.0, 356.0, A356.0, A357.0, 360.0, People’s Republic of China, dated Subject aluminum extrusions may be 366.0, 380.0, A380.0, 413.0, 443.0, March 31, 2010 (the Petition). On April described at the time of importation as 514.0, 518.1, and 712.0. The scope also 6, 2010, the Department issued requests parts for final finished products that are excludes pure, unwrought aluminum in to Petitioners for additional information assembled after importation, including, any form. and for clarification of certain areas of but not limited to, window frames, door the Petition. Based on the Department’s frames, solar panels, curtain walls, or Imports of the subject merchandise are provided for under the following requests, Petitioners filed a supplement furniture. Such parts that otherwise to the Petition, regarding general issues, meet the definition of aluminum categories of the Harmonized Tariff Schedule of the United States (‘‘HTS’’): on April 9, 2010 (‘‘Supplement to the extrusions are included in the scope. AD/CVD Petitions’’). The scope includes aluminum 7604.21.0000, 7604.29.1000, 7604.29.3010, 7604.29.3050, In accordance with section 702(b)(1) extrusions that are attached (e.g., by of the Tariff Act of 1930, as amended 7604.29.5030, 7604.29.5060, welding or fasteners) to form (‘‘Act’’), Petitioners allege that 7608.20.0030, and 7608.20.0090. The subassemblies, i.e., partially assembled producers/exporters of aluminum subject merchandise entered as parts of merchandise. extrusions from the PRC received other aluminum products may be countervailable subsidies within the Subject extrusions may be identified classifiable under the following meaning of sections 701 and 771(5) of with reference to their end use, such as additional Chapter 76 subheadings: the Act, and that imports from these heat sinks, door thresholds, or carpet 7610.10, 7610.90, 7615.19, 7615.20, and producers/exporters materially injure, trim. Such goods are subject 7616.99 as well as under other HTS and threaten further material injury to, merchandise if they otherwise meet the chapters. While HTS subheadings are an industry in the United States. scope definition, regardless of whether provided for convenience and customs The Department finds that Petitioners they are finished products and ready for purposes, the written description of the filed the Petition on behalf of the use at the time of importation. scope in this proceeding is dispositive. domestic industry because Petitioners The following aluminum extrusion [FR Doc. 2010–9743 Filed 4–26–10; 8:45 am] are interested parties, as defined in products are excluded: aluminum BILLING CODE 3510–DS–S section 771(9)(C),(D), and (F) of the Act, extrusions made from aluminum alloy and have demonstrated sufficient with an Aluminum Association series industry support with respect to the designations commencing with the DEPARTMENT OF COMMERCE investigation that they request the number 2 and containing in excess of Department to initiate (see 1.5 percent copper by weight; aluminum International Trade Administration ‘‘Determination of Industry Support for extrusions made from aluminum alloy the Petition’’ below). with an Aluminum Association series (C–570–968) designation commencing with the Period of Investigation number 5 and containing in excess of Aluminum Extrusions from the The period of investigation is January 1.0 percent magnesium by weight; and People’s Republic of China: Initiation 1, 2009, through December 31, 2009. aluminum extrusions made from of Countervailing Duty Investigation aluminum alloy with an Aluminum Scope of Investigation Association series designation AGENCY: Import Administration, The products covered by this commencing with the number 7 and International Trade Administration, investigation are aluminum extrusions containing in excess of 2.0 percent zinc Department of Commerce. from the PRC. For a full description of by weight. EFFECTIVE DATE: April 28, 2010. the scope of the investigation, please see The scope also excludes finished the ‘‘Scope of the Investigation’’ in FOR FURTHER INFORMATION CONTACT: merchandise containing aluminum Appendix I of this notice. extrusions as parts that are fully and Patricia Tran and Brandon Farlander, AD/CVD Operations, Import permanently assembled and completed 1 The individual members of the Aluminum at the time of entry, such as finished Administration, International Trade Extrusions Fair Trade Committee are Aerolite windows with glass, doors, picture Administration, U.S. Department of Extrusion Company, Alexandria Extrusion Commerce, 14th Street and Constitution Company, Benada Aluminum of Florida, Inc., frames, and solar panels. The scope also William L. Bonnell Company, Inc., Frontier excludes finished goods containing Avenue, NW, Washington, DC 20230; Aluminum Corporation, Futura Industries aluminum extrusions that are entered telephone: (202) 482–1503 and (202) Corporation, Hydro Aluminum North America, Inc., 482–0182, respectively. Kaiser Aluminum Corporation, Profile Extrusion unassembled in a ‘‘kit.’’ A kit is Company, Sapa Extrusions, Inc., and Western understood to mean a packaged SUPPLEMENTARY INFORMATION: Extrusions Corporation.

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Comments on Scope of Investigation producers or workers accounting for (‘‘Initiation Checklist’’) at Attachment II, During our review of the Petition, we more than 50 percent of the total dated concurrently with this notice and discussed the scope with Petitioners to production of the domestic like product, on file in the Central Records Unit, ensure that it is an accurate reflection of the Department shall: (i) poll the Room 1117 of the main Department of the products for which the domestic industry or rely on other information in Commerce building. order to determine if there is support for In determining whether Petitioners industry is seeking relief. Moreover, as the petition, as required by have standing, under section discussed in the preamble to the subparagraph (A); or (ii) determine 702(c)(4)(A) of the Act, we considered Department’s regulations (Antidumping industry support using a statistically the industry support data contained in Duties; Countervailing Duties; Final valid sampling method. the Petition with reference to the Rule, 62 FR 27296, 27323 (May 19, Section 771(4)(A) of the Act defines domestic like product as defined in the 1997)), we are setting aside a period for the ‘‘industry’’ as the producers as a ‘‘Scope of Investigation’’ section above. interested parties to raise issues whole of a domestic like product. Thus, To establish industry support, regarding product coverage of the scope. to determine whether a petition has the Petitioners provided their production of The Department encourages all requisite industry support, the statute the domestic like product in 2009. See interested parties to submit such directs the Department to look to Volume I of the Petition at Exhibit I–3. comments by May 10, 2010, twenty producers and workers who produce the In addition, Petitioners provided letters calendar days from the signature date of domestic like product. The U.S. of support from ten additional this notice. Comments should be International Trade Commission (‘‘ITC’’), companies that produce the domestic addressed to Import Administration’s which is responsible for determining like product. See id. Petitioners APO/Dockets Unit, Room 1870, U.S. whether ‘‘the domestic industry’’ has compared their production and the Department of Commerce, 14th Street been injured, must also determine what production of the supporters of the and Constitution Avenue, NW, constitutes a domestic like product in Petition to the estimated total Washington, DC 20230. The period of order to define the industry. While both production of the domestic like product the scope consultations is intended to the Department and the ITC must apply for the entire domestic industry. See provide the Department with ample the same statutory definition regarding Volume I of the Petition at 3–4 and opportunity to consider all comments the domestic like product (section Exhibits I–3 and I–4. Petitioners and to consult with parties prior to the 771(10) of the Act), they do so for estimated total industry production of issuance of the preliminary different purposes and pursuant to a the domestic like product for 2009 using determination. separate and distinct authority. In industry–wide shipment data from the Consultations addition, the Department’s Aluminum Association, which determination is subject to limitations of according to Petitioners is ‘‘an Pursuant to section 702(b)(4)(A)(ii) of time and information. Although this independent and authoritative source the Act, on April 1, 2010, the may result in different definitions of the for aluminum industry data.’’ See Department invited representatives of like product, such differences do not Volume I of the Petition, at 3. We have the Government of the PRC (GOC) for render the decision of either agency relied upon data Petitioners provided consultations with respect to the CVD contrary to law. See USEC, Inc. v. for purposes of measuring industry petition. On April 12, 2010, the United States, 132 F. Supp. 2d 1, 8 (CIT support. For further discussion, see Department held consultations with 2001), citing Algoma Steel Corp. Ltd. v. Checklist at Attachment II. representatives of the GOC via United States, 688 F. Supp. 639, 644 Our review of the data provided in the conference call. See Ex–Parte (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. Petition, supplemental submissions, and Memorandum on Consultations 1989), cert. denied 492 U.S. 919 (1989). other information readily available to regarding the Petition for Imposition of Section 771(10) of the Act defines the the Department indicates that Countervailing Duties on Aluminum domestic like product as ‘‘a product Petitioners have established industry Extrusions from the People’s Republic which is like, or in the absence of like, support. First, the Petition established of China. Further discussions were held most similar in characteristics and uses support from domestic producers (or with representatives of the GOC on with, the article subject to an workers) accounting for more than 50 April 19, 2010. See Ex–Parte investigation under this subtitle.’’ Thus, percent of the total production of the Memorandum on Meeting with the reference point from which the domestic like product and, as such, the Ambassador Zhang Yesui. domestic like product analysis begins is Department is not required to take ‘‘ ’’ Determination of Industry Support for the article subject to an investigation further action in order to evaluate (i.e., the class or kind of merchandise to the Petition industry support (e.g., polling). See be investigated, which normally will be section 702(c)(4)(D) of the Act and Section 702(b)(1) of the Act requires the scope as defined in the petition). Initiation Checklist at Attachment II. that a petition be filed on behalf of the With regard to the domestic like Second, the domestic producers (or domestic industry. Section 702(c)(4)(A) product, Petitioners do not offer a workers) have met the statutory criteria of the Act provides that a petition meets definition of domestic like product for industry support under section this requirement if the domestic distinct from the scope of the 702(c)(4)(A)(i) of the Act because the producers or workers who support the investigation. Based on our analysis of domestic producers (or workers) who petition account for: (i) at least 25 the information submitted on the support the Petition account for at least percent of the total production of the record, we have determined that 25 percent of the total production of the domestic like product; and (ii) more aluminum extrusions constitute a single domestic like product. See Initiation than 50 percent of the production of the domestic like product and we have Checklist at Attachment II. Finally, the domestic like product produced by that analyzed industry support in terms of domestic producers (or workers) have portion of the industry expressing that domestic like product. For a met the statutory criteria for industry support for, or opposition to, the discussion of the domestic like product support under section 702(c)(4)(A)(ii) of petition. Moreover, section 702(c)(4)(D) analysis in this case, see Countervailing the Act because the domestic producers of the Act provides that, if the petition Duty Investigation Initiation Checklist: (or workers) who support the Petition does not establish support of domestic Aluminum Extrusions from the PRC account for more than 50 percent of the

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production of the domestic like product Initiation of Countervailing Duty Enterprises in the Old Industrial produced by that portion of the industry Investigation Bases of Northeast China C. Other Tax Programs expressing support for, or opposition to, Section 702(b)(1) of the Act requires 1. VAT and Tariff Exemptions on the Petition. Accordingly, the the Department to initiate a CVD Imported Equipment Department determines that the Petition proceeding whenever an interested was filed on behalf of the domestic 2. VAT Rebates on FIE Purchases of party files a petition on behalf of an Chinese–Made Equipment industry within the meaning of section industry that: (1) alleges the elements 3. City Tax and Surcharge Exemptions 702(b)(1) of the Act. See id. necessary for an imposition of a duty for FIEs The Department finds that Petitioners under section 701(a) of the Act; and (2) 4. Exemptions from Administrative filed the Petition on behalf of the is accompanied by information Charges for Companies in Zhaoqing domestic industry because they are reasonably available to the petitioner(s) High- interested parties as defined in section supporting the allegations. Tech Industry Development Zone 771(9)(C),(D) and (F) of the Act and they The Department has examined the D. Grant Programs have demonstrated sufficient industry Petition on aluminum extrusions from 1. The State Key Technology the PRC and finds that it complies with support with respect to the antidumping Renovation Project Fund the requirements of section 702(b) of the 2. ‘‘Famous Brands’’ Awards investigation that they are requesting Act. Therefore, in accordance with 3. Grants to Cover Legal Fees in Trade the Department initiate. See id. section 702(b) of the Act, we are Remedy Cases in Shenzhen Injury Test initiating a CVD investigation to 4. Special Fund for Energy Saving determine whether manufacturers, Technology Reform: Guangdong Because the PRC is a ‘‘Subsidies producers, or exporters of aluminum Province Agreement Country’’ within the meaning extrusions in the PRC receive of section 701(b) of the Act, section countervailable subsidies. For a 5. The Clean Production Technology 701(a)(2) of the Act applies to this discussion of evidence supporting our Fund investigation. Accordingly, the ITC must initiation determination, see Initiation 6. Grants for Listing Shares: Liaoyang determine whether imports of the Checklist. City (Guangzhou Province), subject merchandise from the PRC We are including in our investigation Wenzhou Municipality (Zhejiang Province), and Quanzhou materially injure, or threaten material the following programs alleged in the Municipality (Fujian Province) injury to, a U.S. industry. Petition to have provided countervailable subsidies to producers 7. The Northeast Region Foreign Allegations and Evidence of Material and exporters of the subject Trade Development Fund 8. The Northeast Region Technology Injury and Causation merchandise in the PRC: Reform Fund A. Preferential Loans and Interest Rates Petitioners allege that imports of E. Government Provision of Goods or 1. Policy Loans to the Aluminum Services For Less Than Adequate aluminum extrusions from the PRC are Extrusion Producers benefitting from countervailable Remuneration (‘‘LTAR’’) 2. Loans and Interest Subsidies 1. Land Use Rights in the Liaoyang subsidies and that such imports are Provided Pursuant to the Northeast causing, or threaten to cause, material High–Tech Industry Development Revitalization Program Zone injury to the domestic industry B. Income Tax Programs producing aluminum extrusions. In 1. Tax Exemptions for ‘‘Productive’’ 2. Allocated Land Use Rights for SOEs addition, Petitioners allege that FIEs (Two Free, Three Half) 3. Primary Aluminum subsidized imports exceed the 2. Provincial Tax Exemptions and F. Government Purchase of Goods For negligibility threshold provided for Reductions for ‘‘Productive’’ FIEs More Than Adequate Remuneration under section 771(24)(A) of the Act. 3. Tax Reductions for FIEs Purchasing (‘‘MTAR’’) Petitioners contend that the industry’s Chinese–Made Equipment injured condition is illustrated by 4. Tax Reductions for FIEs in For further information explaining why reduced market share, increased raw Designated Geographic Locations the Department is investigating these material cost, lost sales, declining 5. Tax Reductions for Technology- or programs, see Initiation Checklist. capacity, production, shipments, Knowledge- Intensive FIEs We are not including in our underselling and price depression or 6. Tax Reductions for FIEs that are investigation the following programs also HNTEs suppression, reduced employment, alleged to benefit producers and 7. Tax Reductions for HTNEs hours worked, and wages paid, declines exporters of the subject merchandise in Involved in Designated Projects the PRC: in financial performance, lost sales and 8. Tax Offsets for Research and A. Debt Forgiveness of Asia Aluminum revenue, and an increase in import Development at FIEs Petitioners allege that the GOC penetration. See Volume I of the 9. Tax Credits for Domestically allowed managers of Asia Aluminum to Petition, at 16, 19–27, 30–33, and Owned Companies Purchasing buy the company’s assets free of certain Exhibits I–10 through I–15, III–33, and Chinese–Made Equipment obligations and prohibited the original Supplement to AD/CVD Petitions, dated 10. Tax Reductions for Export– debt holders from enforcing their legal April 9, 2010, at 8–9, and Attachment 4. Oriented FIEs rights, thus effectively mandating We have assessed the allegations and 11. Tax Refunds for Reinvestment of forgiveness of the company’s debt. supporting evidence regarding material FIE Profits in Export–Oriented Petitioners fail to establish a financial injury, threat of material injury, and Enterprises contribution by the government for the causation, and we have determined that alleged debt forgiveness. The facts these allegations are properly supported 12. Accelerated Depreciation for presented do not demonstrate that there by adequate evidence and meet the Enterprises Located in the was a financial contribution on the part statutory requirements for initiation. See Northeast Region of the government. Consequently, we do Initiation Checklist at Attachment III. 13. Forgiveness of Tax Arrears for not plan on investigating this program.

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B. Debt–to-Equity (‘‘D/E’’) Swaps for Consequently, we do not plan on ITC Notification Companies in the Aluminum Sector investigating this program. We have notified the ITC of our Petitioners allege that the China We are deferring a decision on initiation, as required by section 702(d) Development Bank and two state– whether to initiate an investigation of of the Act. owned asset management corporations the following programs: traded approximately 3.4 billion A. Land Use Rights Conferred to Asia Preliminary Determination by the ITC renminbi (‘‘RMB’’) of debt owed by Aluminum The ITC will preliminarily determine, Aluminum Corporation of China and Petitioners assert that the Zhaoqing within 45 days after the date on which additional debt owed by Pinguo City High–Tech Development Zone the Petition is filed, whether there is a Aluminum for equity in the companies. allowed aluminum producer Asia reasonable indication that imports of The D/E swaps detailed by Petitioners Aluminum to acquire land use rights for subsidized aluminum extrusions from occurred prior to the December 11, 50 years, and then later, the the PRC are causing material injury, or 2001, cut–off date that the Department Development Zone returned the threatening to cause material injury, to uses for investigating subsidies in the payment to Asia Aluminum because of a U.S. industry. See section 703(a)(2) of PRC. Consistent with recent CVD the company’s construction of the Act. A negative ITC determination determinations, we continue to find that infrastructure. The Department will will result in the investigation being it is appropriate and administratively decide whether to initiate this allegation terminated; otherwise, the investigation desirable to identify a uniform date from only if Asia Aluminum is selected as a will proceed according to statutory and which the Department will identify and respondent. regulatory time limits. measure subsidies in the PRC for B. Currency Undervaluation This notice is issued and published purposes of the CVD law, and have Petitioners allege that the GOC pursuant to section 777(i) of the Act. adopted December 11, 2001, the date on intervenes in the foreign exchange market by buying dollars and artificially April 20, 2010. which the PRC became a member of the Ronald K. Lorentzen, WTO, as that date.2 Therefore, bidding up their value to ensure that the RMB/dollar exchange rate understates Deputy Assistant Secretary for Import Petitioners have not provided the Administration. Department with a factual basis to the value of the RMB vis a vis the dollar. conclude that D/E swaps conferring The Department has carefully Attachment I considered the currency allegation, benefits to producers of aluminum Scope of the Investigations which is similar to an allegation extrusion occurred in the period in The merchandise covered by these which the Department will identify and currently under consideration in the pending coated paper countervailing investigations is aluminum extrusions measure subsidies in the PRC for which are shapes and forms, produced purposes of the CVD law. Consequently, duty investigation from the PRC. At this time, given the unique nature of the by an extrusion process, made from we do not plan on investigating this aluminum alloys having metallic program. alleged subsidy and the complex methodological issues that it raises elements corresponding to the alloy C. Tax Exemptions and Reductions for series designations published by The Enterprises that Utilize Recycled under the CVD law, the Department has determined that additional study of the Aluminum Association commencing Materials with the numbers 1, 3, and 6 (or Petitioners allege that, as reported to allegation is appropriate before an initiation decision may be made. proprietary equivalents or other the WTO, the GOC has implemented a certifying body equivalents). program to assist companies that Respondent Selection Specifically, the subject merchandise recycle. Petitioners fail to establish that For this investigation, the Department made from aluminum alloy with an any subsidies under the program are expects to select respondents based on Aluminum Association series specific. In particular, they do not CBP data for U.S. imports during the designation commencing with the support their contention that the period of investigation. We intend to number 1 contains not less than 99 program is limited to an enterprise or make our decision regarding respondent percent aluminum by weight. The industry or group of enterprises or selection within 20 days of publication subject merchandise made from industries. Consequently, we do not of this Federal Register notice. The aluminum alloy with an Aluminum plan on investigating this program. Department invites comments regarding Association series designation D. The State Science and Technology the CBP data and respondent selection commencing with the number 3 Support Scheme within seven calendar days of contains manganese as the major According to Petitioners, this program publication of this Federal Register alloying element, with manganese provides grants to promote research notice. accounting for not more than 3.0 aimed at resolving scientific or percent of total materials by weight. The technological problems regarding Distribution of Copies of the Petition subject merchandise made from an economic and social development. The In accordance with section aluminum alloy with an Aluminum Department finds there is insufficient 702(b)(4)(A)(i) of the Act and 19 CFR Association series designation evidence to establish specificity for this 351.202(f), a copy of the public version commencing with the number 6 program. While Petitioners allege that of the Petition has been provided to the contains magnesium and silicon as the recipients of benefits under this representatives of the Government of the major alloying elements, with program are selected based on the PRC. Because of the particularly large magnesium accounting for at least 0.1 GOC’s designation of certain industries number of producers/exporters percent but not more than 2.0 percent of for development, the evidence provided identified in the Petition, the total materials by weight, and silicon does not support this claim. Department considers the service of the accounting for at least 0.1 percent but public version of the Petition to the not more than 3.0 percent of total 2 See Certain Kitchen Shelving and Racks from foreign producers/exporters satisfied by materials by weight. The subject the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 74 FR 37012 the delivery of the public version to the aluminum extrusions are properly (July 27, 2009)(‘‘KASR from the PRC’’), and Government of the PRC, consistent with identified by a four–digit alloy series accompanying IDM at Comment 3. 19 CFR 351.203(c)(2). without either a decimal point or

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leading letter. Illustrative examples from number 5 and containing in excess of DEPARTMENT OF COMMERCE among the approximately 160 registered 1.0 percent magnesium by weight; and alloys that may characterize the subject aluminum extrusions made from National Institute of Standards and merchandise are as follows: 1350, 3003, aluminum alloy with an Aluminum Technology and 6060. Association series designation Aluminum extrusions are produced and Notice of Invention Available for commencing with the number 7 and Licensing imported in a wide variety of shapes containing in excess of 2.0 percent zinc and forms, including, but not limited to, by weight. AGENCY: National Institute of Standards hollow profiles, other solid profiles, and Technology, Commerce. pipes, tubes, bars, and rods. Aluminum The scope also excludes finished merchandise containing aluminum ACTION: Notice of invention available for extrusions that are drawn subsequent to licensing. extrusion (‘‘drawn aluminum’’) are also extrusions as parts that are fully and included in the scope. permanently assembled and completed SUMMARY: The invention listed below is Aluminum extrusions are produced and at the time of entry, such as finished owned by the U.S. Government, as imported with a variety of finishes (both windows with glass, doors, picture represented by the Department of coatings and surface treatments), and frames, and solar panels. The scope also Commerce. The Department of types of fabrication. The types of excludes finished goods containing Commerce’s interest in the invention is coatings and treatments applied to aluminum extrusions that are entered available for licensing in accordance subject aluminum extrusions include, unassembled in a ‘‘kit.’’ A kit is with 35 U.S.C. 207 and 37 CFR part 404 but are not limited to, extrusions that understood to mean a packaged to achieve expeditious are mill finished (i.e., without any combination of parts that contains, at commercialization of results of federally coating or further finishing), brushed, the time of importation, all of the funded research and development. buffed, polished, anodized (including necessary parts to fully assemble a final FOR FURTHER INFORMATION CONTACT: bright–dip anodized), liquid painted, or finished good. Technical and licensing information on powder coated. Aluminum extrusions this invention may be obtained by The scope also excludes aluminum may also be fabricated, i.e., prepared for writing to: National Institute of alloy sheet or plates produced by other assembly. Such operations would Standards and Technology, Office of include, but are not limited to, than the extrusion process, such as Technology Partnerships, Building 222, extrusions that are cut–to-length, aluminum products produced by a Room A242, Gaithersburg, MD 20899. machined, drilled, punched, notched, method of casting. Cast aluminum Information is also available via bent, stretched, knurled, swedged, products are properly identified by four telephone: 301–975–2649, fax 301–975– mitered, chamfered, threaded, and spun. digits with a decimal point between the 3482, or e-mail: [email protected]. The subject merchandise includes third and fourth digit. A letter may also Any request for information should aluminum extrusions that are finished precede the four digits. The following include the NIST Docket number or (coated, painted, etc.), fabricated, or any Aluminum Association designations are Patent number and title for the combination thereof. representative of aluminum alloys for invention as indicated below. The Subject aluminum extrusions may be casting: 208.0, 295.0, 308.0, 355.0, invention available for licensing is: described at the time of importation as C355.0, 356.0, A356.0, A357.0, 360.0, parts for final finished products that are [NIST Docket Number: 06–011CIP] assembled after importation, including, 366.0, 380.0, A380.0, 413.0, 443.0, Title: Gradient Elution but not limited to, window frames, door 514.0, 518.1, and 712.0. The scope also Electrophoresis and Detectorless frames, solar panels, curtain walls, or excludes pure, unwrought aluminum in Electrophoresis Apparatus. furniture. Such parts that otherwise any form. Abstract: A microfluidic apparatus meet the definition of aluminum Imports of the subject merchandise are and method for performing extrusions are included in the scope. provided for under the following electrophoretic separation of The scope includes aluminum categories of the Harmonized Tariff compounds. The apparatus comprises: extrusions that are attached (e.g., by Schedule of the United States (‘‘HTS’’): (a) A first container for containing a welding or fasteners) to form 7604.21.0000, 7604.29.1000, sample fluid; (b) a second container for subassemblies, i.e., partially assembled 7604.29.3010, 7604.29.3050, containing a separation buffer fluid; (c) a channel of a first length having an merchandise. 7604.29.5030, 7604.29.5060, inlet end and an outlet end, the inlet 7608.20.0030, and 7608.20.0090. The Subject extrusions may be identified end connected to the first container and subject merchandise entered as parts of with reference to their end use, such as the outlet end connected to the second other aluminum products may be heat sinks, door thresholds, or carpet container; (d) a voltage device trim. Such goods are subject classifiable under the following electrically connected to the first merchandise if they otherwise meet the additional Chapter 76 subheadings: container and the second container, the scope definition, regardless of whether 7610.10, 7610.90, 7615.19, 7615.20, and voltage device facilitating adjustment of they are finished products and ready for 7616.99 as well as under other HTS the amount of voltage to the first use at the time of importation. chapters. While HTS subheadings are container and the second container; (e) The following aluminum extrusion provided for convenience and customs a controller for controlling the velocity products are excluded: aluminum purposes, the written description of the flow of the sample fluid through the extrusions made from aluminum alloy scope in this proceeding is dispositive. channel from the first container towards with an Aluminum Association series [FR Doc. 2010–9742 Filed 4–26–10; 8:45 am] the second container; and (f) a designations commencing with the BILLING CODE 3510–DS–S measuring device for measuring the number 2 and containing in excess of current through the channel. The 1.5 percent copper by weight; aluminum method comprises the steps of: (a) extrusions made from aluminum alloy Providing a separation buffer; (b) with an Aluminum Association series providing a sample solution in fluid designation commencing with the contact with the separation buffer; (c)

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applying an electric field to the in the following offices: See Beluga whales, Dall’s porpoises separation buffer; and (d) producing a SUPPLEMENTARY INFORMATION. (Phocoenoides dalli), and harbor variable bulk flow of the separation Written comments on this application porpoises (Phocoena phocoena) would buffer in a direction substantially should be submitted to the Chief, be captured for health assessments, aligned with said electric field. Fluid Permits, Conservation and Education attachment of satellite and/or VHF contact between the separation buffer Division, at the address listed below. telemetry tags, and released. Over the and the sample solution is made Comments may also be submitted by life of the permit, capture activities may through a separation column having a facsimile to (301)713–0376, or by email result in the unintentional deaths of length in the range of from to [email protected]. four beluga whales from each non-listed approximately .01 mm to approximately Please include File No. 14245 in the stock and four animals from each 5 mm. By the foregoing, compounds can subject line of the email comment. species of porpoise. Capture research be sequentially detected and quantified. Those individuals requesting a public would be suspended and reviewed if Dated: April 21, 2010. hearing should submit a written request four beluga whales, all stocks combined, to the Chief, Permits, Conservation and Marc G. Stanley, die in a single year. NMFS is not Education Division at the address listed permitting capture activities or Acting Deputy Director. below. The request should set forth the mortality of endangered Cook Inlet [FR Doc. 2010–9747 Filed 4–26–10; 8:45 am] specific reasons why a hearing on this beluga whales at this time, but is BILLING CODE 3510–13–P application would be appropriate. analyzing the impacts of these activities FOR FURTHER INFORMATION CONTACT: under the National Environmental Policy Act and the ESA in the event that DEPARTMENT OF COMMERCE Amy Hapeman or Carrie Hubard, (301)713–2289. these activities are considered in the National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: The future. The NMML also requests the Administration subject permit is requested under the salvage and import/export of cetacean authority of the Marine Mammal parts, specimens, and biological RIN 0648–XW08 Protection Act of 1972, as amended samples collected during these projects. Concurrent with the publication of Marine Mammals; File No. 14245 (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and this notice in the Federal Register, AGENCY: National Marine Fisheries importing of marine mammals (50 CFR NMFS is forwarding copies of this Service (NMFS), National Oceanic and part 216), the Endangered Species Act of application to the Marine Mammal Atmospheric Administration (NOAA), 1973, as amended (ESA; 16 U.S.C. 1531 Commission and its Committee of Commerce. et seq.), and the regulations governing Scientific Advisors. ACTION: Notice; receipt of application. the taking, importing, and exporting of Documents may be reviewed in the endangered and threatened species (50 following locations: SUMMARY: Notice is hereby given that CFR 222–226). Permits, Conservation and Education National Marine Fisheries Service, The NMML requests a five-year Division, Office of Protected Resources, National Marine Mammal Laboratory permit to conduct research on marine NMFS, 1315 East-West Highway, Room (NMML), Alaska Fisheries Science mammals in the Pacific, Southern, 13705, Silver Spring, MD 20910; phone Center, (Dr. John Bengtson, Responsible Atlantic, and Arctic Oceans to monitor (301)713–2289; fax (301)713–0376; Party), 7600 Sand Point Way, NE, cetaceans for scientific and management Northwest Region, NMFS, 7600 Sand Seattle, Washington 98115–6349, has purposes. NMML would conduct Point Way NE, BIN C15700, Bldg. 1, applied in due form for a permit to ongoing projects designed to collect Seattle, WA 98115–0700; phone conduct scientific research in the multi-year data to evaluate trends, (206)526–6150; fax (206)526–6426; Pacific, Southern, Atlantic, and Arctic abundance and distribution of whales Alaska Region, NMFS, P.O. Box Oceans on 33 cetacean species, and dolphins over long periods of time. 21668, Juneau, AK 99802–1668; phone including endangered blue Research activities would include aerial (907)586–7221; fax (907)586–7249; (Balaenoptera musculus), sei (B. and vessel surveys, biopsy sampling, Southwest Region, NMFS, 501 West borealis), fin (B. physalus), sperm tagging, captures and a suite of sampling Ocean Blvd., Suite 4200, Long Beach, (Physeter macrocephalus), North Pacific procedures associated with captures. CA 90802–4213; phone (562)980–4001; right (Eubalaena japonica), bowhead Aerial and vessel surveys would be fax (562)980–4018; (Balaena mysticetus), humpback conducted for abundance estimation Pacific Islands Region, NMFS, 1601 (Megaptera novaeangliae), Southern and distribution using line transect Kapiolani Blvd., Rm 1110, Honolulu, HI Resident killer (Orcinus orca), and Cook survey methods, photo-identification 96814–4700; phone (808)944–2200; fax Inlet beluga (Delphinapterus leucas) surveys, feeding studies, and searching (808)973–2941; Northeast Region, NMFS, 55 Great whales. for target species for feeding, biopsy and Republic Drive, Gloucester, MA 01930; DATES: Written, telefaxed, or e-mail tagging studies. Eight pinniped species, phone (978)281–9328; fax (978) 281– comments must be received on or before including endangered Steller sea lions 9394; and May 27, 2010. (Eumetopias jubatus), could be Southeast Region, NMFS, 263 13th ADDRESSES: incidentally harassed during aerial The application and related Avenue South, Saint Petersburg, FL surveys below 1,000 ft. Biopsy sampling documents are available for review by 33701; phone (727)824–5312; fax ‘‘ would be conducted in conjunction selecting Records Open for Public (727)824–5309. Comment’’ from the Features box on the with photo-identification surveys and Applications and Permits for Protected tagging projects and during dedicated Dated: April 21, 2010. Species (APPS) home page, https:// biopsy projects. Individuals may P. Michael Payne, apps.nmfs.noaa.gov, and then selecting sampled up to four times annually for Chief, Permits, Conservation and Education File No. 14245 from the list of available studies on distribution and prey Division, Office of Protected Resources, applications. choices. Transmitters would be attached National Marine Fisheries Service. These documents are also available using various methods to investigate [FR Doc. 2010–9731 Filed 4–26–10; 8:45 am] upon written request or by appointment cetacean movements and habitat use. BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE 22313–1450, marked to the attention of and responses prepared by the USPTO, Elizabeth L. Dougherty. Although is included for the participants to Patent and Trademark Office comments may be submitted by mail, review and will be posted on the the USPTO prefers to receive comments [Docket No.: PTO–P–2010–0038] USPTO’s Web site at http:// via the Internet. www.uspto.gov/patents/init_events/ Notice of Roundtables and Request for The written comments and list of the patentquality.jsp. roundtable participants and their Comments on Enhancement in the As a part of this initiative, the USPTO Quality of Patents and on United associations will be available for public inspection at the Office of the is conducting two roundtables, one at States Patent and Trademark Office the Los Angeles Public Library—Central Patent Quality Metrics Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Library facility, and one at the USPTO, AGENCY: United States Patent and Street, Alexandria, Virginia, and will be to obtain public input from Trademark Office, Commerce. available via the USPTO Internet Web organizations and individuals on patent ACTION: Notice of public meeting; site (address: http://www.uspto.gov). quality and USPTO patent quality request for comments. Because comments will be made metrics. The number of participants in available for public inspection, each roundtable is limited to ensure that SUMMARY: The United States Patent and information that is not desired to be all who are speaking will have a Trademark Office (USPTO), in made public, such as an address or meaningful chance to do so. The USPTO conjunction with the Patent Public phone number, should not be included plans to invite participants from patent Advisory Committee (PPAC), has in the comments. user groups, practitioners, industry, undertaken a project related to FOR FURTHER INFORMATION CONTACT: independent inventor organizations, enhancing overall patent quality. As Elizabeth L. Dougherty, Office of Patent academia, and government. The part of this initiative, the USPTO is Legal Administration, Office of the roundtables are open to the public. conducting two roundtables to obtain Associate Commissioner for Patent The USPTO will provide an agenda, public input from organizations and Examination Policy, by telephone at list of participants, and preparatory individuals on actions that can improve (571) 272–7733, by electronic mail patent quality and the metrics the message at materials to the participants prior to the USPTO should use to measure progress. [email protected]. roundtable in order to focus the The roundtables are open to the public. discussion and enhance the efficiency of SUPPLEMENTARY INFORMATION: The The USPTO plans to invite a number of the proceedings. All such materials will USPTO in conjunction with the PPAC roundtable participants from among be posted on the USPTO’s Internet Web has undertaken a project related to patent user groups, practitioners, site. The USPTO plans to make the overall patent quality. As part of that industry, independent inventor roundtable held at the USPTO on May effort, a notice was published soliciting organizations, academia, and 18, 2010, available via Web cast; efforts comments from the public on means to government. Any member of the public enhance quality of the patent process are being made to also make the may submit written comments on with particular emphasis on the search, roundtable held at the Los Angeles USPTO patent quality enhancement and examination, application and methods Public Library–Central Library facility metrics as well as on any issue raised at of meaningfully measuring such available via Web cast if reasonably the roundtable. enhanced quality. See Request for possible. Web cast information will be DATES: The first roundtable will be held Comments on Enhancement in the available before the roundtable on the on Monday, May 10, 2010, beginning at Quality of Patents, 74 FR 65093 (Dec. 9, USPTO’s Internet Web site. The written 1 p.m. Pacific Daylight Time (PDT) and 2009) (Patent Quality Request for materials for the roundtable, any slides ending at 5 p.m. PDT. Comments). In the Patent Quality or handouts distributed at the The second roundtable will be held Request for Comments, the USPTO roundtable, and the list of the on Tuesday, May 18, 2010, beginning at stated that it would like to focus, inter roundtable participants for each 8:30 a.m. Eastern Daylight Time (EDT) alia, on improving the process for roundtable and their associations will and ending at 12 noon EDT. obtaining the best prior art, preparation also be posted on the USPTO’s Internet The deadline for receipt of written of the initial application, and Web site. The USPTO patent quality comments is June 18, 2010. examination and prosecution of the metrics under consideration will be ADDRESSES: The first (May 10, 2010) application. The USPTO sought public posted on the USPTO’s Web site at roundtable will be held at the Los comment directed to this focus with http://www.uspto.gov/patents/ Angeles Public Library—Central respect to methods that may be init_events/patentquality.jsp. Library, which is located at 630 W. 5th employed by applicants and the USPTO Street, Los Angeles, California 90071. to enhance the quality of issued patents, The patent quality metrics posted on The second (May 18, 2010) roundtable to identify appropriate indicia of the USPTO’s Web site have been will be held at the USPTO in the quality, and to establish metrics for the presented to facilitate a discussion on Madison Auditorium on the concourse measurement of the indicia. The patent quality metrics and should not be level of the Madison Building, which is original comment period was extended taken as an indication that the USPTO located at 600 Dulany Street, to March 8, 2010. See Extension of has predetermined that it will adopt Alexandria, Virginia 22314. Period for Comments on Enhancement these patent quality metrics or that the Written comments should be sent by in the Quality of Patents, 75 FR 5040 USPTO is not interested in suggestions electronic mail message over the (Feb. 1, 2010). that the USPTO consider other patent Internet addressed to The comments may be viewed on the quality metrics. The USPTO is inviting [email protected]. USPTO’s Web site at http:// written comments from any member of Comments may also be submitted by www.uspto.gov/patents/law/comments/ the public on USPTO patent quality mail addressed to: Mail Stop patentqualitycomments.jsp. A summary metrics as well as on any issue raised at Comments—Patents, Commissioner for of the comments, prepared by the PPAC, the roundtable. Patents, P.O. Box 1450, Alexandria, VA as well as a summary of the comments

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Dated: April 23, 2010. the private sector and the non-Federal the Labor Advisory Committee for Trade David J. Kappos, government sector regarding U.S. trade Negotiations and Trade Policy, and the Under Secretary of Commerce for Intellectual policy and trade negotiation objectives. Trade Advisory Committee on Africa. Property and Director of the United States Among other mechanisms, Section USTR and Commerce both have Patent and Trademark Office. 135(c)(2) of the 1974 Trade Act received multiple inquiries recently [FR Doc. 2010–9851 Filed 4–26–10; 8:45 am] provides: regarding the appropriate viewpoints to BILLING CODE 3510–16–P (2) The President shall establish such be represented on the ITACs. As a result sectoral or functional advisory committees as of those inquiries, in accordance with may be appropriate. Such committees shall, Section 135(c)(2)(A) of the 1974 Trade OFFICE OF THE UNITED STATES insofar as is practicable, be representative of Act, USTR and Commerce have decided TRADE REPRESENTATIVE all industry, labor, agricultural, or service to seek comments from the public on interests (including small business interests) the appropriate scope of viewpoints DEPARTMENT OF COMMERCE in the sector or functional areas concerned. represented on the ITACs. In organizing such committees, the United In submitting comments regarding International Trade Administration States Trade Representative and the Secretaries of Commerce, Labor, Agriculture, what viewpoints should be represented, [Docket Number: 100416189–0189–01] the Treasury, or other executive departments, please address: How the proposed as appropriate, shall— viewpoint would improve the quality of Request for Public Comment on the (A) Consult with interested private information and advice provided to the Scope of Viewpoints Represented on organizations; and Secretary and the USTR through the the Industry Trade Advisory (B) Take into account such factors as— ITACs; how the proposed specific Committees (i) Patterns of actual and potential perspective would add value and competition between United States industry contribute to the ITACs’ mission to AGENCIES: Office of the United States and agriculture and foreign enterprise in provide information and advice Trade Representative and U.S. international trade, (ii) The character of the non-tariff barriers addressing the concerns of specific Department of Commerce, International and other distortions affecting such industry sectors to assist the USTR and Trade Administration. competition, the Secretary in developing U.S. trade ACTION: Notice, request for public (iii) The necessity for reasonable limits on policy and negotiating positions; how comment. the number of such advisory committees, such viewpoints could be effectively (iv) The necessity that each committee be incorporated into the existing ITAC SUMMARY: The Office of the United reasonably limited in size, and structure (i.e., on which specific ITAC States Trade Representative (USTR) and (v) In the case of each sectoral committee, would that viewpoint be appropriate); the Department of Commerce have that the product lines covered by each committee be reasonably related. and whether such viewpoints may be initiated a joint review of the Industry more effectively incorporated into other Trade Advisory Committee (ITAC) The accompanying legislative history fora within the trade advisory system. component of the trade advisory indicated that the sectoral and (Further information on trade advisory committee system. As part of this joint functional committees were to ‘‘be committees is available at http:// review, USTR and Commerce are representative of the producing sectors www.ustr.gov/about-us/ seeking comments and suggestions from of our economy’’ to ‘‘strengthen the hand intergovernmental-affairs/advisory- the public on the appropriate scope of of U.S. negotiators by improving their committees/). representation on the ITACs. knowledge and familiarity with the General information concerning the DATES: Written comments are due by problems domestic producers face in Industry Trade Advisory Committees, 5 p.m. Eastern Standard Time (EST) on obtaining access to foreign markets.’’ S. including a list of the subject areas of May 25, 2010. Rep. 1298, 93d Cong., 2d Sess. 102 the sixteen ITACs, is available at (1974). http://www.trade.gov/itac/. ADDRESSES: You may send comments Pursuant to Presidential delegation of identified by Docket Number ITA– this authority, USTR and Commerce Requirements for Submission 2010–0001, using any of the following have established and co-chair sixteen Written comments must be received methods: by 5 p.m. EST on May 25, 2010. In order • ITACs, plus an ITAC Committee of Federal eRulemaking Portal: Go to Chairs. The ITACs provide information to ensure the most timely and http://www.regulations.gov. Please see and advice addressing the concerns of expeditious receipt and consideration of the SUPPLEMENTARY INFORMATION for specific industry sectors for use by the comments, USTR and Commerce have more information and instructions for USTR and the Secretary of Commerce in arranged to accept on-line submissions sending your comments electronically. via www.regulations.gov. To submit • developing U.S. trade policy and For alternatives to online negotiating positions. comments via www.regulations.gov, submission please contact Ingrid To date, USTR and Commerce, with enter docket number ITA–2010–0001 on Mitchem, Director, Industry Trade minor exceptions, have limited the the home page and click ‘‘go’’. The site Advisory Center, at (202) 482–3268. viewpoints represented on the ITACs to will provide a search-results page listing FOR FURTHER INFORMATION CONTACT: those of industry stakeholders based on all documents associated with this Questions regarding this request for the need to obtain technical and docket. Find a reference to this notice comments should be directed to Ingrid detailed sectoral advice from the by selecting ‘‘Notice’’ under ‘‘Document Mitchem, Director, Industry Trade representatives of the producing sectors Type’’ on the left side of the search Advisory Center, at (202) 482–3268. and the existence of other fora within results page, and click on the link SUPPLEMENTARY INFORMATION: the USTR-administered trade advisory entitled ‘‘Send a Comment or committee system which provide for Submission.’’ For further information on Background advice from representatives of other using the http://www.regulations.gov/ Section 135 of the 1974 Trade Act, as viewpoints, such as the Trade and Web site, please consult the resources amended (19 U.S.C. 2155), directed the Environment Policy Advisory provided on the Web site by clicking on President to obtain information and Committee, the Intergovernmental ‘‘How to Use This Site’’ on the left side advice from representative elements of Policy Advisory Committee on Trade, of the home page.

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The www.regulations.gov Web site SUPPLEMENTARY INFORMATION: Section by public funds, provide classroom provides the option of making 3506 of the Paperwork Reduction Act of instruction for one or more of grades K– submissions by filling in a ‘‘General 1995 (44 U.S.C. Chapter 35) requires 12 or comparable ungraded levels, and Comments’’ field, or by attaching a that the Office of Management and have one or more teachers. No document. We expect that most Budget (OMB) provide interested substantive changes have been made to submissions will be provided in an Federal agencies and the public an early the survey or its procedures since its attached document. If a document is opportunity to comment on information last approved administration. attached, it is sufficient to type ‘‘See collection requests. OMB may amend or Requests for copies of the information attached’’ in the ‘‘General Comments’’ waive the requirement for public collection submission for OMB review field. consultation to the extent that public may be accessed from http:// We strongly urge submitters to avail participation in the approval process edicsweb.ed.gov, by selecting the themselves of the electronic filing, if at would defeat the purpose of the ‘‘Browse Pending Collections’’ link and all possible. If an on-line submission is information collection, violate State or by clicking on link number 4230. When impossible, alternative arrangements Federal law, or substantially interfere you access the information collection, must be made with Ms. Mitchem, with any agency’s ability to perform its click on ‘‘Download Attachments ’’ to Director, Industry Trade Advisory statutory obligations. The Acting view. Written requests for information Center, at (202) 482–3268, prior to Director, Information Collection should be addressed to U.S. Department delivery for the receipt of such Clearance Division, Regulatory of Education, 400 Maryland Avenue, submissions. General information Information Management Services, SW., LBJ, Washington, DC 20202–4537. concerning the Office of the United Office of Management, publishes that Requests may also be electronically States Trade Representative may be notice containing proposed information mailed to the Internet address obtained by accessing its Internet Web collection requests prior to submission [email protected] or faxed to 202– site (http://www.ustr.gov). General of these requests to OMB. Each 401–0920. Please specify the complete information concerning the Department proposed information collection, title of the information collection when of Commerce may be obtained by grouped by office, contains the making your request. accessing its Internet Web site (http:// following: (1) Type of review requested, Comments regarding burden and/or www.commerce.gov). e.g. new, revision, extension, existing or the collection activity requirements Dated: April 20, 2010. reinstatement; (2) Title; (3) Summary of should be electronically mailed to Nicole Y. Lamb-Hale, the collection; (4) Description of the [email protected]. Individuals who Assistant Secretary for Manufacturing and need for, and proposed use of, the use a telecommunications device for the Services, U.S. Department of Commerce. information; (5) Respondents and deaf (TDD) may call the Federal Dated: April 19, 2010. frequency of collection; and (6) Information Relay Service (FIRS) at 1– Myesha Ward, Reporting and/or Recordkeeping 800–877–8339. burden. OMB invites public comment. Acting Assistant United States Trade [FR Doc. 2010–9718 Filed 4–26–10; 8:45 am] Representative, Intergovernmental Affairs Dated: April 21, 2010. BILLING CODE 4000–01–P and Public Engagement. James Hyler, [FR Doc. 2010–9650 Filed 4–26–10; 8:45 am] Acting Director, Information Collection BILLING CODE 3190–DR–P Clearance Division, Regulatory Information DEPARTMENT OF ENERGY Management Services, Office of Management. Federal Energy Regulatory Institute of Education Sciences DEPARTMENT OF EDUCATION Commission Type of Review: Revision. [Project No.: 12478–003] Submission for OMB Review; Title: Private School Universe Survey Comment Request (PSS) 2010–13. Gibson Dam Hydroelectric Company, Frequency: Biennially. LLC; Notice of Application Accepted AGENCY: Department of Education. Affected Public: Businesses or other for Filing and Soliciting Motions To SUMMARY: The Acting Director, for-profit; Not-for-profit institutions; Intervene and Protests Information Collection Clearance State, Local, or Tribal Gov’t, SEAs or Division, Regulatory Information LEAs. April 20, 2010. Management Services, Office of Reporting and Recordkeeping Hour Take notice that the following Management invites comments on the Burden: hydroelectric application has been filed submission for OMB review as required Responses: 15,867. with the Commission and is available by the Paperwork Reduction Act of Burden Hours: 3,186. for public inspection. 1995. Abstract: Since 1989, the Private a. Type of Application: Major DATES: Interested persons are invited to School Universe Survey (PSS) provides Project—Existing Dam. submit comments on or before May 27, biennially an accurate and complete list b. Project No.: P–12478–003. 2010. of all private schools in the U.S., along c. Date filed: August 28, 2009. ADDRESSES: Written comments should with a variety of related data, including: d. Applicant: Gibson Dam be addressed to the Office of religious orientation; grade-levels taught Hydroelectric Company, LLC. Information and Regulatory Affairs, and size of school; length of school year e. Name of Project: Gibson Dam Attention: Education Desk Officer, and of school day; total student Hydroelectric Project. Office of Management and Budget, 725 enrollment by gender (K–12); number of f. Location: On the Sun River, near the 17th Street, NW., Room 10222, New high school graduates; whether a school towns of Augusta and Fairfield, Lewis Executive Office Building, Washington, is single-sexed or coeducational; and Clark and Teton Counties, Montana. DC 20503, be faxed to (202) 395–5806 or number of teachers employed; program The project would occupy 95.34 acres of e-mailed to emphasis; and existence and type of its federal land administered by the U.S. [email protected] with a kindergarten program. PSS includes all Forest Service and 19.39 acres of federal cc: to [email protected]. schools that are not supported primarily land administered by the U.S. Bureau of

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Land Management for a total of 114.73 step-up substation; (5) a new All filings must (1) bear in all capital acres of federal land. maintenance building located letters the title ‘‘PROTEST’’ or ‘‘MOTION g. Filed Pursuant to: Federal Power approximately 1,400 feet downstream of TO INTERVENE,’’ ‘‘NOTICE OF INTENT Act, 16 USC 791 (a)–825(r). the powerhouse adjacent to existing TO FILE COMPETING APPLICATION,’’ h. Applicant Contact: Steve C. Gibson Dam operations facilities; and or ‘‘COMPETING APPLICATION;’’ (2) Marmon, Thom A. Fischer, Whitewater (6) appurtenant facilities. The average set forth in the heading the name of the Engineering Corporation, 3633 annual generation is estimated to be 40 applicant and the project number of the Alderwood Ave., Bellingham, WA gigawatt-hours. application to which the filing 98225, (360) 738–9999. m. A copy of the application is responds; (3) furnish the name, address, i. FERC Contact: Matt Cutlip, phone: available for review at the Commission and telephone number of the person (503) 552–2762, e-mail: in the Public Reference Room or may be protesting or intervening; and (4) [email protected]. viewed on the Commission’s Web site at otherwise comply with the requirements j. Deadline for filing motions to http://www.ferc.gov using the ‘‘eLibrary’’ of 18 CFR 385.2001 through 385.2005. intervene and protests: 60 days from the link. Enter the docket number excluding Agencies may obtain copies of the issuance date of this notice. the last three digits in the docket application directly from the applicant. All documents may be filed number field to access the document. A copy of any protest or motion to electronically via the Internet. See 18 For assistance, contact FERC Online intervene must be served upon each CFR 385.2001(a)(1)(iii) and the Support. A copy is also available for representative of the applicant specified instructions on the Commission’s Web inspection and reproduction at the in the particular application. site (http://www.ferc.gov/docs-filing/ address in item h above. ferconline.asp) under the ‘‘eFiling’’ link. You may also register online at Kimberly D. Bose, For a simpler method of submitting text http://www.ferc.gov/docs-filing/ Secretary. only comments, click on ‘‘Quick esubscription.asp to be notified via e- [FR Doc. 2010–9686 Filed 4–26–10; 8:45 am] Comment.’’ For assistance, please mail of new filings and issuances BILLING CODE 6717–01–P contact FERC Online Support at related to this or other pending projects. [email protected]; call toll- For assistance, contact FERC Online free at (866) 208–3676; or, for TTY, Support. DEPARTMENT OF ENERGY contact (202) 502–8659. Although the n. Any qualified applicant desiring to Commission strongly encourages file a competing application must Federal Energy Regulatory electronic filing, documents may also be submit to the Commission, on or before Commission paper-filed. To paper-file, mail an the specified intervention deadline date, [Project No. 12632–002] original and eight copies to: Kimberly D. a competing development application, Bose, Secretary, Federal Energy or a notice of intent to file such an East Texas Electric Cooperative, Inc.; Regulatory Commission, 888 First application. Submission of a timely Notice of Application Accepted for Street, NE., Washington, DC 20426. notice of intent allows an interested Filing, Soliciting Motions To Intervene The Commission’s Rules of Practice person to file the competing and Protests, and Other Agency and Procedures require all intervenors development application no later than Authorizations filing documents with the Commission 120 days after the specified intervention to serve a copy of that document on deadline date. Applications for April 20, 2010. each person on the official service list preliminary permits will not be Take notice that the following for the project. Further, if an intervenor accepted in response to this notice. hydroelectric application has been filed files comments or documents with the A notice of intent must specify the with the Commission and is available Commission relating to the merits of an exact name, business address, and for public inspection. issue that may affect the responsibilities telephone number of the prospective a. Type of Application: Original Major of a particular resource agency, they applicant, and must include an License—Existing Dam. must also serve a copy of the document unequivocal statement of intent to b. Project No.: P–12632–002. c. Date filed: March 31, 2009. on that resource agency. submit a development application. A d. Applicant: East Texas Electric k. This application has been accepted notice of intent must be served on the Cooperative, Inc. (Cooperative). for filing, but is not ready for applicant(s) named in this public notice. e. Name of Project: Lake Livingston environmental analysis at this time. Anyone may submit a protest or a Hydroelectric Project. l. The proposed project would utilize motion to intervene in accordance with f. Location: On the Trinity River, in the existing facilities of the U.S. Bureau the requirements of Rules of Practice San Jacinto, Polk, Trinity, and Walker of Reclamation’s Gibson Dam including and Procedure, 18 CFR 385.210, Counties, Texas. The project would not the reservoir, existing valve house, and 385.211, and 385.214. In determining occupy any federal lands. two existing dam outlet pipes; and the appropriate action to take, the g. Filed Pursuant to: Federal Power would consist of the following new Commission will consider all protests Act, 16 U.S.C. 791(a)–825(r). facilities: (1) Two new 72-inch-diameter filed, but only those who file a motion h. Applicant Contact: Edd Hargett, penstocks extending 40 feet from the to intervene in accordance with the East Texas Electric Cooperative, Inc., existing outlet pipes to the powerhouse; Commission’s Rules may become a 2905 Westward Drive, P.O. Box 631623, (2) a new powerhouse located near the party to the proceeding. Any protests or Nacogdoches, TX 75963; (936) 560– toe of the dam with four turbine/ motions to intervene must be received 9532; [email protected]. generating units with total installed on or before the specified deadline date i. FERC Contact: Sarah Florentino at capacity of 15 megawatts; (3) a new for the particular application. (202) 502–6863, or 25.8-mile, 34.5/69 kV overhead and When the application is ready for [email protected]. underground transmission line from the environmental analysis, the j. The deadline for filing motions to powerhouse to an interconnection point Commission will issue a public notice intervene and protests is 60 days from with Sun River Electric Cooperative, requesting comments, the issuance date of this notice. Inc.’s existing 69 kV transmission line at recommendations, terms and k. This application has been accepted Jackson’s Corner; (4) a new 34.5/69 kV conditions, or prescriptions. for filing, but is not ready for

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environmental analysis at this time. 120 days after the specified intervention relating to the merits of an issue that When the application is ready for deadline date. Applications for may affect the responsibilities of a environmental analysis, the preliminary permits will not be particular resource agency, they must Commission will issue a public notice accepted in response to this notice. also serve a copy of the document on requesting comments, A notice of intent must specify the that resource agency. recommendations, terms and exact name, business address, and p. Procedural Schedule: The conditions, or prescriptions. telephone number of the prospective application will be processed according l. The proposed project would use the applicant, and must include an to the following Hydro Licensing following existing facilities: (1) The unequivocal statement of intent to Schedule. Revisions to the schedule Trinity River Authority’s (TRA) existing submit a development application. A may be made as appropriate. 14,400-foot-long (approximate) Lake notice of intent must be served on the Livingston dam, which has a crest applicant(s) named in this public notice. Issue Notice Soliciting Final Comments, elevation of 145.0 feet mean sea level o. Anyone may submit a protest, or a Terms and Conditions, etc. May 2009. (msl) and consists of (a) a basic earth motion to intervene in accordance with Notice of Availability of the EA embankment section, (b) outlet works, the requirements of Rules of Practice November 2010. and Procedure, 18 CFR 385.210, .211, and (c) a spillway; and (2) the 83,000- q. Other Agency Authorizations: A .214. In determining the appropriate acre Lake Livingston, which has a Texas Coastal Zone consistency action to take, the Commission will normal water surface elevation of 131.0 certification is required for the Lake consider all protests filed, but only feet msl and gross storage capacity of Livingston Project. The Cooperative 1,750,000 acre-feet. those who file a motion to intervene in certifies that the project is consistent The proposed project would consist of accordance with the Commission’s with the Texas Coastal Management the following new facilities: (1) An Rules may become a party to the intake structure and headrace channel proceeding. Program goals and policies and would approximately 300 feet long; (2) three All filings must: (1) Bear in all capital be conducted in a manner consistent steel penstocks, about 12 feet in letters the title ‘‘PROTEST,’’ or with said program. In addition, a Texas diameter and 750 feet in length; (3) a ‘‘MOTION TO INTERVENE,’’ ‘‘NOTICE Commission on Environmental Quality powerhouse containing three generating OF INTENT TO FILE COMPETING (Texas CEQ) section 401 Water Quality units, having a total installed capacity of APPLICATION,’’ or ‘‘COMPETING Certification is required. As part of its 24 megawatts; (4) an approximate 1,200- APPLICATION;’’ (2) set forth in the processing of the license application, feet-long tailrace channel; (5) an heading the name of the applicant and the Texas CEQ is reviewing the approximate 2.8-mile-long, 138-kilovolt the project number of the application to application under Section 401 of the transmission line interconnecting the which the filing responds; (3) furnish Clean Water Act (CWA), and in project with Entergy’s existing Rich the name, address, and telephone accordance with Title 30, Texas substation near Goodrich; and (6) an number of the person protesting or Administrative Code Section 279.1–13, electric switchyard and other intervening; and (4) otherwise comply to determine if the work would comply appurtenant facilities. The project with the requirements of 18 CFR with State water quality standards. would have an estimated annual 385.2001 through 385.2005. Agencies Based on an understanding between the generation of 124 gigawatt-hours, which may obtain copies of the application Federal Energy Regulatory Commission the Cooperative would sell at wholesale directly from the applicant. A copy of (FERC) and the Texas CEQ, this public to its constituent electric cooperatives. any protest or motion to intervene must notice is also issued for the purpose of m. A copy of the application is be served upon the representative of the advising all known interested persons available for review at the Commission applicant. that there is pending before the Texas in the Public Reference Room or may be All documents may be filed CEQ a decision on the request for viewed on the Commission’s Web site at electronically via the Internet. See 18 section 401 water quality certification http://www.ferc.gov, using the CFR 385.2001(a)(1)(iii) and the for this FERC license application. Any ‘‘eLibrary’’ link. Enter the docket number instructions on the Commission’s Web comments concerning this certification excluding the last three digits in the site (http://www.ferc.gov/docs-filing/ request may be submitted to the Texas docket number field to access the ferconline.asp) under the ‘‘eFiling’’ link. Commission on Environmental Quality, document. For assistance, contact FERC For a simpler method of submitting text 401 Coordinator, MSC–150, P.O. Box Online Support. A copy is available for only comments, click on ‘‘Quick 13087, Austin, Texas 78711–3087. The inspection and reproduction at the Comment.’’ For assistance, please public comment period extends 30 days address in item h above. contact FERC Online Support at from the date of publication of this You may also register online at [email protected]; call toll- notice. A copy of the public notice with http://www.ferc.gov/docs-filing/ free at (866) 208–3676; or, for TTY, a description of work is made available esubscription.asp to be notified via e- contact (202) 502–8659. Although the for review in the Texas CEQ’s Austin mail of new filings and issuances Commission strongly encourages office. The complete application may be related to this or other pending projects. electronic filing, documents may also be reviewed at the address listed in For assistance, contact FERC Online paper-filed. To paper-file, mail an paragraph h. The Texas CEQ may Support. original and eight copies to: Kimberly D. conduct a public meeting to consider all n. Any qualified applicant desiring to Bose, Secretary, Federal Energy comments concerning water quality if file a competing application must Regulatory Commission, 888 First requested in writing. A request for a submit to the Commission, on or before Street, NE., Washington, DC 20426. public meeting must contain the the specified intervention deadline date, The Commission’s Rules of Practice following information: the name, a competing development application, require all intervenors filing documents mailing address, application number, or or a notice of intent to file such an with the Commission to serve a copy of other recognizable reference to the application. Submission of a timely that document on each person on the application, a brief description of the notice of intent allows an interested official service list for the project. interest of the requester, or of persons person to file the competing Further, if an intervenor files comments represented by the requester; and a brief development application no later than or documents with the Commission description of how the certification, if

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granted, would adversely affect such should submit an original and 14 copies In that Order, the Commission interest. of the protest or intervention to the required that all market-based rate Federal Energy Regulatory Commission, sellers must report on a quarterly basis Kimberly D. Bose, 888 First Street, NE., Washington, DC the acquisition of control of a site or Secretary. 20426. sites for new generation capacity [FR Doc. 2010–9687 Filed 4–26–10; 8:45 am] This filing is accessible online at development for which site control has BILLING CODE 6717–01–P http://www.ferc.gov, using the been demonstrated in the ‘‘eLibrary’’ link and is available for interconnection process and for which review in the Commission’s Public the potential number of megawatts that DEPARTMENT OF ENERGY Reference Room in Washington, DC. are reasonably commercially feasible on Federal Energy Regulatory There is an ‘‘eSubscription’’ link on the the site or sites for new generation Commission Web site that enables subscribers to capacity development is equal to 100 receive e-mail notification when a megawatts or more. If a Seller elects to [Docket No. AC10–73–000] document is added to a subscribed make a monetary deposit so that it may docket(s). For assistance with any FERC demonstrate site control at a later time Trans-Union Interstate Pipeline, L.P.; Online service, please e-mail in the interconnection process, the Notice of Filing [email protected], or call monetary deposit will trigger the (866) 208–3676 (toll free). For TTY, call quarterly reporting requirement instead April 20, 2010. (202) 502–8659. of the demonstration of site control. A Take notice that on April 9, 2010 Comment Date: May 20, 2010. notification of change in status that is Trans-Union Interstate Pipeline, L.P. submitted to report the acquisition of submitted a request for waiver of the Kimberly D. Bose, control of a site or sites for new requirement to submit the 2009 FERC Secretary. generation capacity development must Form No. 2–A under Sections 260.2 of [FR Doc. 2010–9688 Filed 4–26–10; 8:45 am] include: the Commission regulations. BILLING CODE 6717–01–P Any person desiring to intervene or to (1) The number of sites acquired; protest this filing must file in (2) The relevant geographic market in accordance with Rules 211 and 214 of DEPARTMENT OF ENERGY which the sites are located; and the Commission’s Rules of Practice and (3) The maximum potential number of Federal Energy Regulatory Procedure (18 CFR 385.211, 385.214). megawatts (MW) that are reasonably Commission Protests will be considered by the commercially feasible on the sites Commission in determining the [Docket No. RM04–7–006] reported. appropriate action to be taken, but will Each LA Report will now receive a not serve to make protestants parties to Market-Based Rates for Wholesale the proceeding. Any person wishing to new prefix ‘‘LA’’ as part of its designated Sales of Electric Energy, Capacity and docket number and will be enumerated become a party must file a notice of Ancillary Services by Public Utilities; intervention or motion to intervene, as quarterly so that the first quarterly filing Notice of New Docket Prefix ‘‘LA’’ for received will be filed under LA10–1– appropriate. Such notices, motions, or Land Acquisition Reports and protests must be filed on or before the 000, the second quarterly filing will be Guidelines for Filing Under Order No. filed under LA10–2–000 and so on. comment date. On or before the 697–C comment date, it is not necessary to Accordingly, each quarter and year the serve motions to intervene or protests April 20, 2010. LA docket number will change and the on persons other than the Applicant. Notice is hereby given that a new Commission will no longer sub-docket The Commission encourages docket prefix ‘‘LA’’ has been established these reports under the formerly used electronic submission of protests and for ‘Land Acquisition Reports’ (LA ‘‘ER’’ docket prefixes that were used interventions in lieu of paper using the Reports) filed by market-based utilities previously for these reports. ‘‘eFiling’’ link at http://www.ferc.gov. on a quarterly basis, pursuant to Order For 2010 filings, the docket numbers Persons unable to file electronically No. 697–C.1 will appear as follows:

Docket No. Periods covering Date filed

LA10–1–000 ...... First quarter of calendar year 2010 ...... Filed in April 2010 for January–March 2010. LA10–2–000 ...... Second quarter of calendar year 2010 ...... Filed in July 2010 for April–June 2010. LA10–3–000 ...... Third quarter of calendar year 2010 ...... Filed in October 2010 for July–September 2010. LA10–4–000 ...... Fourth quarter of calendar year 2010 ...... Filed in January 2011 for October–December 2010.

1 Market-Based Rates for Wholesale Sales of Public Utilities, Order No. 697–C, FERC Stats. & Electric Energy, Capacity and Ancillary Services by Regs. ¶ 31,291 (2009).

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Filing guidelines for the ‘‘LA’’ prefix Lloyd Executive Center, 1000 NE ACTION: Notice of the designation of one are attached to this notice and will be Multnomah, Portland, OR 97232. new equivalent method for monitoring posted on the Commission’s Web site at Further information may be found at: ambient air quality. http://www.ferc.gov/help/how-to.asp. http://www.westgov.org/wirab/site/ The Commission encourages electronic upco.htm. SUMMARY: Notice is hereby given that filing of all LA reports. The discussions at the meetings, the Environmental Protection Agency which are open to the public, may (EPA) has designated, in accordance Kimberly D. Bose, address matters at issue in the following with 40 CFR Part 53, one new Secretary. Commission proceedings: equivalent method for measuring Attachment—Filing Guidelines for ‘‘LA’’ concentrations of ozone (O3) in the Docket No. RC08–4, North American ambient air. Reports Under FERC Order No. 697–C Electric Reliability Corporation. FOR FURTHER INFORMATION CONTACT: Docket No. RC08–5, North American Reporting Requirements Under 18 CFR Surender Kaushik, Human Exposure 35.42 Electric Reliability Corporation. Docket No. RR08–4, North American and Atmospheric Sciences Division Order No. 697–C established filing Electric Reliability Corporation. (MD–D205–03), National Exposure requirements for quarterly reports filed Docket No. RR09–6, North American Research Laboratory, U.S. EPA, by an electric utility under 18 CFR Electric Reliability Corporation. Research Triangle Park, North Carolina 35.42. Docket No. RR09–7, North American 27711. Phone: (919) 541–5691, e-mail: This report should be submitted using Electric Reliability Corporation. [email protected]. the Commission’s eFiling system. The SUPPLEMENTARY INFORMATION: In content of each report must conform to Docket No. RR10–6, North American Electric Reliability Corporation. accordance with regulations at 40 CFR the applicable regulation under which Part 53, the EPA evaluates various the report is filed. Filers are requested Docket No. RR10–7, North American methods for monitoring the to select the applicable LA docket Electric Reliability Corporation. concentrations of those ambient air number(s) that correspond with the Docket No. RR10–8, North American pollutants for which EPA has appropriate calendar quarter filed and Electric Reliability Corporation. established National Ambient Air also select all the former ER docket Docket No. RD09–4, North American Quality Standards (NAAQSs) as set numbers that apply. Electric Reliability Corporation. A FERC Online eRegistration account Docket No. RD09–5, North American forth in 40 CFR Part 50. Monitoring is a prerequisite for anyone submitting Electric Reliability Corporation. methods that are determined to meet an electronic filing to FERC and anyone Docket No. RD09–7, North American specific requirements for adequacy are that will be identified during the eFiling Electric Reliability Corporation. designated by the EPA as either process as a person responsible for the Docket No. RD09–8, North American reference methods or equivalent filing. Links to both eRegistration and Electric Reliability Corporation. methods (as applicable), thereby eFiling are available on the Docket No. RD09–11, North American permitting their use under 40 CFR Part Commission’s Web site at: http:// Electric Reliability Corporation. 58 by States and other agencies for www.ferc.gov/docs-filing/docs- Docket No. RD10–2, North American determining compliance with the filing.asp. Electric Reliability Corporation. NAAQSs. Docket No. RD10–3, North American The EPA hereby announces the [FR Doc. 2010–9684 Filed 4–26–10; 8:45 am] Electric Reliability Corporation. designation of one new equivalent BILLING CODE 6717–01–P Docket No. RD10–4, North American method for measuring ozone (O3) in the Electric Reliability Corporation. ambient air. This designation is made under the provisions of 40 CFR Part 53, DEPARTMENT OF ENERGY Docket No. RD10–5, North American Electric Reliability Corporation. as amended on November 12, 2008 (73 Federal Energy Regulatory Docket No. RD10–6, North American FR 67057–67059). Commission Electric Reliability Corporation. The new equivalent method for O3 is Docket No. RD10–8, North American an automated method that utilizes a Notice of Commissioner and Staff Electric Reliability Corporation. measurement principle based on ultraviolet absorption photometry. The Attendance at WIRAB and CREPC For further information, please newly designated equivalent method for Meetings contact John Carlson, 202–502–6288, or O3 is identified as follows: April 20, 2010. [email protected]. EQOA–0410–190, ‘‘2B Technologies Model The Federal Energy Regulatory Kimberly D. Bose, 202 Ozone Monitor,’’ enclosed in a 3.5″ x 8.3″ Commission hereby gives notice that Secretary. x 11.6″ case, operated in an environment of members of the Commission and/or ¥ ° [FR Doc. 2010–9685 Filed 4–26–10; 8:45 am] 10 40 C, with temperature/pressure Commission staff may attend the compensation, using a 10 second average, 10 BILLING CODE 6717–01–P following meetings: second display update, on-board backup sample pump, with a 110–220V AC power April 21–22, 2010 adapter or a 12V DC source such as a Committee on Regional Electric Power ENVIRONMENTAL PROTECTION cigarette lighter adapter plugged into a 12V Cooperation (CREPC): DoubleTree, AGENCY DC source or a 12V DC battery for portable Lloyd Executive Center, 1000 NE operation, 4.0 watt power consumption, [FRL–9142–1] external TFE inlet filter and holder, serial Multnomah, Portland, OR 97232. data port with computer cable, BNC Further information may be found at: Office of Research and Development; connector for 0–2.5V user scalable analog http://www.westgov.org/wieb/site/ Ambient Air Monitoring Reference and output, internal data logger, 3-analog inputs crepcpage/crepupco.htm. Equivalent Methods: Designation of for external signals (such as temperature, April 21, 2010 One New Equivalent Method relative humidity or pressure), rack mount hardware, internal DewLine for humidity Western Interconnection Regional AGENCY: Environmental Protection control and operated according to the Model Advisory Body (WIRAB): DoubleTree, Agency. 202 Ozone Monitor Operation Manual.

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The application for the equivalent upgraded or converted (e.g., by minor with the opportunity to object to the method determination for this candidate modification or by substitution of the allocation determinations. In this NODA method was received by the EPA on approved operation or instruction EPA is making available to the public November 3, 2009. The monitor is manual) so as to be identical to the the emissions data and other commercially available from the designated method and thus achieve information upon which the allocations, applicant, 2B Technologies, designated status. The manufacturer or denial of allocations, are based and Incorporated, 2100 Central Ave., Suite should be consulted to determine the the CAIROS new unit set-aside 105, Boulder, CO 80301. feasibility of such upgrading or allowance allocation (if any) for each A test monitor representative of this conversion. individual unit. method has been tested in accordance Part 53 requires that sellers of DATES: Objections must be received by with the applicable test procedures designated reference or equivalent May 27, 2010. specified in 40 CFR Part 53, as amended method analyzers or samplers comply ADDRESSES: Submit your objections by on November 12, 2008. After reviewing with certain conditions. These one of the following methods: the results of those tests and other conditions are specified in 40 CFR 53.9. A. E-mail: CAIR_NOX_Ozone_ information submitted in the Aside from occasional breakdowns or ;[email protected]. application, EPA has determined, in malfunctions, consistent or repeated B. Mail: Robert L. Miller, U.S. accordance with Part 53, that this noncompliance with any of these Environmental Protection Agency, method should be designated as an conditions should be reported to: CAMD (6204J), Attn: 2010 CAIROS New equivalent method for ozone. The Director, Human Exposure and Unit Set-aside, 1200 Pennsylvania Ave., information provided by the applicant Atmospheric Sciences Division (MD– NW., Washington, DC 20460. will be kept on file, either at EPA’s E205–01), National Exposure Research Instructions: If you submit an National Exposure Research Laboratory, Laboratory, U.S. Environmental objection, include your name and other Research Triangle Park, North Carolina Protection Agency, Research Triangle contact information in the body of your 27711 or in an approved archive storage Park, North Carolina 27711. objection. If EPA is unable to read your facility, and will be available for Designation of this new equivalent objection and contact you for inspection (with advance notice) to the method is intended to assist the States clarification due to technical extent consistent with 40 CFR Part 2 in establishing and operating their air difficulties, EPA may not be able to (EPA’s regulations implementing the quality surveillance systems under 40 consider your objection. Electronic files Freedom of Information Act). CFR Part 58. Questions concerning the should not have special characters and As a designated equivalent method, technical aspects of the method should any form of encryption and should be this method is acceptable for use by be directed to the applicant. free of any defects or viruses. states and other air monitoring agencies FOR FURTHER INFORMATION CONTACT: under the requirements of 40 CFR Part Dated: April 19, 2010. 58, Ambient Air Quality Surveillance. Jewel F. Morris, Questions concerning this action should For such purposes, the method must be Acting Director, National Exposure Research be addressed to Robert L. Miller, U.S. used in strict accordance with the Laboratory. Environmental Protection Agency, CAMD (6204J), 1200 Pennsylvania Ave., operation or instruction manual [FR Doc. 2010–9756 Filed 4–26–10; 8:45 am] NW., Washington, DC 20460, telephone associated with the method and subject BILLING CODE 6560–50–P to any specifications and limitations (202) 343–9077, and e-mail (e.g., configuration or operational [email protected]. If mailing by settings) specified in the applicable ENVIRONMENTAL PROTECTION courier, address package to Robert L. designated method description (see the AGENCY Miller, 1310 L St., NW., Room 254B, Washington, DC 20005. identification of the method above). [FRL–9142–3] Use of the method should also be in SUPPLEMENTARY INFORMATION: general accordance with the guidance Notice of Data Availability Concerning Outline and recommendations of applicable 2010 CAIR NOX Ozone Season Trading sections of the ‘‘Quality Assurance 1. General Information Program New Unit Set-Aside 2. What is the purpose of this NODA? Handbook for Air Pollution Allowance Allocations Under the Clean Measurement Systems, Volume I,’’ EPA/ 3. What are the requirements and procedures Air Interstate Rule Federal for requesting and receiving 2010 600/R–94/038a and ‘‘Quality Assurance Implementation Plan CAIROS new unit set-aside allowances? Handbook for Air Pollution 4. How is EPA applying to individual Measurement Systems, Volume II, AGENCY: Environmental Protection CAIROS units the requirements for Ambient Air Quality Monitoring Agency (EPA). requesting and receiving 2010 CAIROS Program’’ EPA–454/B–08–003, ACTION: Notice of data availability new unit set-aside allowance December 2008 (available at http:// (NODA). allocations? www.epa.gov/ttnamti1/files/ambient/ 1. General Information pm25/qa/QA-Handbook-Vol-II.pdf). SUMMARY: EPA is administering—under Provisions concerning modification of the Clean Air Interstate Rule (CAIR) Does this action apply to me? such methods by users are specified Federal Implementation Plans (FIPs)— This NODA applies to CAIROS units under Section 2.8 (Modifications of the CAIR NOX Ozone Season Trading in Delaware and the District of Methods by Users) of Appendix C to 40 Program (CAIROS) new unit set-aside Columbia whose owners and operators CFR Part 58. allowance pools for Delaware and the requested on or before February 1, 2010 In general, a method designation District of Columbia. The CAIROS FIPs a 2010 CAIROS allowance allocation applies to any sampler or analyzer require the Administrator to determine from the new unit set-aside. which is identical to the sampler or each year by order the allowance analyzer described in the application for allocations from the new unit set-aside What should I consider as I prepare and designation. In some cases, similar for units in these jurisdictions whose submit any objections for EPA? samplers or analyzers manufactured owners and operators requested these When preparing and submitting an prior to the designation may be allocations and to provide the public objection, remember to:

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(1) Identify the source (facility name, 3. What are the requirements for emissions for the 2009 ozone season plant code) and unit identification requesting and receiving CAIROS new (May 1 through September 30, 2009). number for which the objection is being unit set-aside allowances and the EPA received timely requests for 2010 made; procedures for allocating such CAIROS new unit set-aside allowance (2) Make sure to submit your allowances? allocations for 3 CAIROS units in Delaware; no requests were received for objection by the deadline identified. EPA is administering the 2010 CAIROS units in the District of If you e-mail your objection, put CAIROS new unit set-aside allowance pools for Delaware and the District of Columbia. ‘‘Objection for 2010 CAIROS New Unit Columbia, which are comprised of a The detailed unit-by-unit data, Set-aside’’ in the subject line to alert the maximum of 111 allowances for allowance allocation determinations, Administrator that an objection is Delaware and 6 allowances for the and calculations are set forth in a included. If mailing by courier, address District of Columbia. Under technical support document, which is a the package to Robert L. Miller, 1310 L § 97.342(c)(2), the owners and operators single Excel spreadsheet titled ‘‘2010 St., NW., Room 254B, Washington, DC of any unit for which CAIROS new unit CAIROS FIP New Unit Set-Aside 20005. Clearly mark any portion of the set-aside allowances were sought for Allocations Data’’ and is available on information that you claim to be CBI. 2010 had to submit to EPA a request for EPA’s Web site at http://www.epa.gov/ _ For CBI in a disk or CD ROM that you CAIROS new unit set-aside allowance airmarkets/cair/ozone nusa/index.html. mail to EPA, mark the outside of the allocations by February 1, 2010. The EPA will publish a second NODA, after disk or CD ROM as CBI and then owners and operators of a CAIROS unit the 30-day period for submitting identify electronically within the disk or in Delaware or the District of Columbia objections concerning this NODA, in CD ROM the specific information that is could request a CAIROS new unit set- order to address any objections and claimed as CBI. Information so marked aside allowance allocation if (1) the unit make any necessary adjustments to the will not be disclosed except in is subject to the CAIROS, (2) the unit is data published in this NODA to ensure accordance with procedures set forth in not allocated any CAIROS allowances that EPA’s allowance allocation determinations are in accordance with 40 CFR part 2. Send or deliver under § 97.342(b) because it lacks a § 97.342(c). EPA will record, no later information identified as CBI only to the baseline heat input or because all than September 1, 2010, CAIROS following address: Robert L. Miller, EPA CAIROS allowances available under allowance allocations from the new unit Headquarters, CAMD (6204J), 1200 § 97.342(b) for the year have already been allocated, and (3) the owners and set-aside for 2010 after publication of Pennsylvania Avenue, NW., Washington the second NODA. See 40 CFR DC 20460. operators of the unit submitted a timely request by the February 1, 2010 97.353(e). 2. What is the purpose of this NODA? deadline. If a unit meets these criteria, Dated: April 19, 2010. EPA determines the allocation amount Brian McLean, The purpose of this NODA is to make by determining the 2009 NOX mass Director, Office of Atmospheric Programs. all of the data upon which the emissions data reported under 40 CFR allocations or denial of allocations are [FR Doc. 2010–9754 Filed 4–26–10; 8:45 am] part 75 for the unit during the 2009 BILLING CODE 6560–50–P based available to the public for ozone season (May 1—September 30, objection to ensure that the data on 2009). Finally, EPA makes any which the applicable determination for necessary adjustments under ENVIRONMENTAL PROTECTION each unit is based are correct. Any § 97.342(c)(4) to each such unit’s AGENCY person objecting to any of the data allocation amount in order to ensure should explain the basis for his or her that the total amount of CAIROS new [FRL–9142–4] objection, provide alternative data and unit set-aside allowances allocated for supporting documentation, and explain 2010 does not exceed the amount of Notice of Availability of ‘‘Award of why the alternative data are the best allowances in the new unit set-aside for Special Appropriations Act Project available data. EPA will consider any 2010. Grants Authorized by the Agency’s FY substantive objections to the data. 4. How is EPA applying to individual 2010 Appropriations Act’’ The provisions of § 97.342(c)—which CAIROS units the requirements for AGENCY: Environmental Protection govern the submission of requests for requesting and receiving CAIROS new Agency (EPA). CAIROS allowance allocations from the unit set-aside allowance allocations? ACTION: Notice of document availability. new unit set-aside and set forth the On January 21, 2010 EPA sent an e- criteria for qualification for, and the mail—to the designated representatives, SUMMARY: EPA is announcing the methodologies for calculating, such alternate designated representatives, availability of a memorandum entitled allocations for each individual unit—are and their respective agents of CAIROS ‘‘Award of Special Appropriations Act final and are described in this NODA units in the District of Columbia and Project Grants Authorized by the solely for informational purposes and Delaware—that provided instructions Agency’s FY 2010 Appropriations Act.’’ are not open for objection. However, on the proper submission of a request This memorandum provides objections may be submitted concerning for a CAIROS allowance allocation from information and guidelines on how EPA whether EPA determined, in a manner the new unit set-aside for 2010. The will award and administer grants for the consistent with these rule provisions, January 21, 2010 e-mail explained what special projects identified in the State the CAIROS allowance allocation (if data should be submitted with the and Tribal Assistance Grants (STAG) any) from the new unit set-aside for request and reminded addressees of the account of the Agency’s FY 2010 2010 for any unit for which such an February 1, 2010 deadline for such Appropriations Act (Pub. L. 111–88). allowance allocation was requested. See requests. Among the data elements for a The STAG account provides budget 40 CFR 97.341(d). request under § 97.342(c)(2) were the authority for funding identified water, number of allowances requested in an wastewater and groundwater amount no greater than the unit’s NOX infrastructure projects. Each grant

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recipient will receive a copy of this its February 24, 2010 follow-up generator, controller, and brake. The document from EPA. submittal. wind turbine is manufactured by Vestas ADDRESSES: The subject memorandum DATES: Effective Date: April 19, 2010. of Denmark, and meets project design and performance specifications. The may be viewed and downloaded from FOR FURTHER INFORMATION CONTACT: total estimated cost to furnish, install EPA’s homepage, http://www.epa.gov/ David Chin, Environmental Engineer, and commission the proposed wind owm/cwfinance/cwsrf/law.htm. (617) 918–1764, or Katie Connors, turbine is approximately $4.3M. FOR FURTHER INFORMATION CONTACT: Environmental Engineer, (617) 918– Massachusetts is one of several George Ames, (202) 564–0661 or 1658, Municipal Assistance Unit (CMU), northeast states that has a climate [email protected]. Office of Ecosystem Protection (OEP), change action plan which calls for U.S. EPA, 5 Post Office Square, Suite Dated: April 16, 2010. significant CO emission reductions by 100, Boston, MA 02109–3912. 2 James A. Hanlon, 2020. Integral to that plan is a wider Director, Office of Wastewater Management. SUPPLEMENTARY INFORMATION: In adoption of non-emitting renewable [FR Doc. 2010–9758 Filed 4–26–10; 8:45 am] accordance with ARRA Section 1605(c), sources of electricity. Wind power is the EPA hereby provides notice that it BILLING CODE 6560–50–P currently the most practical source of is granting a project waiver of the renewable energy to meet that goal. The requirements of Section 1605(b)(2) of Massachusetts’ Renewable Portfolio ENVIRONMENTAL PROTECTION Public Law 111–5, Buy American Standard (RPS) requires an increasing AGENCY requirements, to the Town of Falmouth, amount of the electricity sold in the Massachusetts for the purchase of a [FRL–9142–5] Commonwealth to come from renewable foreign manufactured wind turbine that electricity, including wind power. RPS meets the Town of Falmouth’s design Notice of a Regional Project Waiver of is also one of the major policy tools put and performance specifications to be Section 1605 (Buy American) of the in place to meet the CO2 reduction goals installed at its existing wastewater American Recovery and Reinvestment under the climate change plan. This treatment facility site. project, while small, would contribute Act of 2009 (ARRA) to the Town of Section 1605 of the ARRA requires Falmouth, MA towards achieving those goals. The that none of the appropriated funds may proposed wind turbine is expected to AGENCY: Environmental Protection be used for the construction, alteration, generate an average of 3,075 MW hours Agency (EPA). maintenance, or repair of a public of electricity annually, representing ACTION: Notice. building or a public works project approximately 30% of the Town’s total unless all of the iron, steel, and municipal building and facilities SUMMARY: The EPA is hereby granting a manufactured goods used in the project electrical needs. waiver of the Buy America requirements is produced in the United States, or The Town of Falmouth has of ARRA Section 1605 under the unless a waiver is provided to the thoroughly researched available authority of Section 1605(b)(2) recipient by the head of the appropriate domestic and foreign wind turbine [manufactured goods are not produced agency, here the EPA. A waiver may be manufacturers. According to the Town, in the United States in sufficient and provided if EPA determines that (1) there was only one domestic reasonably available quantities and of a applying these requirements would be manufacturer that produces a wind satisfactory quality] to the Town of inconsistent with the public interest; (2) turbine that appears to meet project Falmouth, Massachusetts for the iron, steel, and the relevant design and performance specifications. purchase of a foreign manufactured manufactured goods are not produced in However, the identified domestic wind turbine to be installed at its the United States in sufficient and manufacturer is not willing to supply a existing wastewater treatment facility reasonably available quantities and of a wind turbine for installation at the site. This is a project specific waiver satisfactory quality; or (3) inclusion of Falmouth Wastewater Treatment Plant, and only applies to the use of the iron, steel, and the relevant nor is it willing to support a warranty specified product for the ARRA project manufactured goods produced in the and service agreement for another being proposed. Any other ARRA United States will increase the cost of available unit that it has already recipient that wishes to use the same the overall project by more than 25 manufactured. According to the product must apply for a separate percent. domestic manufacturer, the Town’s waiver based on project specific The Town of Falmouth, proposed construction site would not circumstances. Based upon information Massachusetts (MA) is proposing to meet the manufacturer’s internal setback submitted by the Town of Falmouth and construct a foreign manufactured Vestas requirement distances to mitigate the its consulting engineer, it has been model V82, 1.65 megawatt (MW) wind risks associated with potential ice determined that there are currently no turbine generator at the Town’s throws from the turbine blades. The domestic manufactured wind turbines wastewater treatment facility located at domestic manufacturer’s internal siting available to meet its proposed project 154 Blacksmith Shop Road, a 314 acre considerations recommended that, for design and performance specifications. town owned site in Falmouth, MA. This safety in the event of icing, a setback The Regional Administrator is making proposed wind turbine would be the distance of 1.5 times the hub height and this determination based on the review second one installed and commissioned rotor diameter—in this case, 646 feet— and recommendations of the Municipal at the site although the existing wind be maintained from occupied structures, Assistance Unit. The Assistant turbine was not funded through the roads, property lines and public access Administrator of the Office of ARRA. The Town of Falmouth is areas. The proposed wind turbine Administration and Resources requesting a waiver for the purchase of would be set back approximately 552 Management has concurred on this a 1.65 MW wind turbine comprised of feet from the property line, 646 feet decision to make an exception to all turbine components, including, but from the nearest public road (Route 28), Section 1605 of ARRA. This action not limited to: The blades, the nacelle and 1,150 feet from the nearest permits the purchase of a foreign (i.e. cover housing that holds the residential structure. manufactured wind turbine by the equipment within a wind turbine), the Thus, the siting would provide Town of Falmouth, MA, as specified in gear box, low and high speed shafts, sufficient setback distances for the road

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and residential structures but not the 240–30, Permitted Community Service Based on the evaluation of all of the property line. The domestic Uses, of the Zoning Bylaw. submitted documentation by EPA’s manufacturer cited the setback distance Furthermore, Special Legislation technical review team, the Town of to EPA’s national contractor as the basis (Chapter 200 of the Acts of 2007) was Falmouth’s statement that no U.S. for its refusal to make its product also passed by the General Court of manufacturer is willing to provide a 1.5 available for this project. However, the Massachusetts to permit the Town of MW–2.0 MW wind turbine generator domestic manufacturer’s internal siting Falmouth to design and install wind that meets project performance considerations also provided for other energy facilities at its wastewater specifications is supported by the possible mitigation techniques for treatment facility at Blacksmith Shop available evidence. In addition, the properties that do not meet these Road, prepare and improve the site, evaluation of the supporting setback considerations, but the acquire all equipment necessary for the documentation indicates that at least manufacturer did not offer to make its wind energy facilities, and to make one foreign manufacturer will provide a product available based on the potential related improvements and repairs to the wind turbine at the proposed site that application of such techniques at this facilities. The Town has also secured can meet project design and site, notwithstanding that the setback other project approvals and permits performance specifications. limitations at this site were relatively from the Massachusetts Historical The purpose of the ARRA is to minor, and can readily be addressed by Commission, the Massachusetts Natural stimulate economic recovery by funding mitigation techniques. (For example, Heritage and Endangered Species current infrastructure construction, not while a road located within the desired Program, the Department of Air Force to delay projects that are ‘‘shovel ready’’ setback distance cannot practically be Space Command, the Massachusetts by requiring SRF eligible recipients, moved and will present some Division of Fisheries and Wildlife and such as the Town of Falmouth, to continuing risk, a simple property line the Federal Aviation Administration for redesign or relocate a potential project. incursion within the setback distance the proposed project. The imposition of ARRA Buy American requirements in this case would result can effectively be addressed by signs to The Town of Falmouth, in in unreasonable delay and potentially provide notice of the risk during certain discussions with the EPA Regional the cancellation of this project as sited. weather conditions.) The foreign Office, has stated that it will implement The delay or cancellation of this manufacturer which has already a mitigation plan to minimize any construction would directly conflict supplied an identical 1.65 MW wind potential ice throws to ensure public turbine that meets the technical with a fundamental economic purpose safety, which appears to provide an of ARRA, which is to create or retain specifications required by Falmouth at ample margin of safety even within the the site has agreed to supply another jobs. domestic manufacturer’s internal siting The April 28, 2009 EPA HQ 1.65 MW wind turbine to Falmouth at considerations, where the setback Memorandum, ‘‘Implementation of Buy the same site. distances meet Town zoning American provisions of Public Law Based on information provided to the requirements, and any setback concerns 111–5, the ‘American Recovery and EPA, the Town of Falmouth has taken appear relatively minor and Reinvestment Act of 2009’ ’’ the necessary steps to obtain all appropriately mitigated. The Town of (‘‘Memorandum’’), defines reasonably required local, state, and federal Falmouth has indicated that the foreign available quantity as ‘‘the quantity of approvals to move forward with the manufactured wind turbine that is being iron, steel, or relevant manufactured proposed project. The Town of supplied comes equipped with vibration good is available or will be available at Falmouth has adopted a local ordinance sensors to shut down the turbine when the time needed and place needed, and regulating large scale wind turbines. ice build up is detected. The control in the proper form or specification as According to the submittal, Zoning system will also be programmed to specified in the project plans and Article XXXIV, Chapter 240, Section allow for manual start up as well, which design.’’ The same Memorandum 240–166 requires a Special Permit for will allow an operator to visually defines ‘‘satisfactory quality’’ as ‘‘the windmills with minimum setback from inspect the turbine to confirm that there quality of steel, iron or manufactured property lines. The setback is no ice remaining before the turbine is good specified in the project plans and requirements of the ordinance states re-started. The Town of Falmouth will designs.’’ that ‘‘On the lot of the petitioner there implement manual wind turbine The Municipal Assistance Unit (CMU) shall be an area sufficient so that a operational control strategies during has reviewed this waiver request and circle, the center of which shall be no periods of ice accretion which include, has determined that the supporting less than the height of the tower as but are not limited to: Curtailment of documentation provided by the Town of measured from the base of the tower to operation of the turbine, braking the Falmouth establishes a proper basis to the uppermost of the blade, or tower, blades in a ‘‘Y’’ to facilitate ice shedding specify the particular good required for whatever is greater plus 10 feet, may be directly underneath the wind turbine, this project, that the Town of Falmouth drawn and be completely within the and yawing the nacelle so that the has agreed to implement a mitigation petitioner’s land.’’ blades are in the safest position for ice plan to minimize the likelihood of any According to the Town, based on the shedding. It may also post warning signs potential ice throws to ensure public setback requirements of the local to alert personnel of the potential risk in safety, and that this manufactured good ordinance, a wind turbine with an 80 the area. Access to the turbine area at was not available from a producer in the meter (262 feet) tower would be the site is currently and will remain United States. The information provided required to be set back 272 feet from the restricted. After hours, the only is sufficient to meet the following property line. All setback distances vehicular access to the treatment plant criteria listed under Section 1605(b) of noted above for the proposed wind site is through a gate that is typically the ARRA and in the April 28, 2009 turbine meet the local zoning code. The closed and locked. The mitigation plan Memorandum: Iron, steel, and the Town Planning Department has will be part of the overall operational manufactured goods are not produced in determined that a wind turbine is a use and maintenance protocol for the Town the United States in sufficient and allowed as a matter of right in a Public of Falmouth wastewater treatment reasonably available quantities and of a Use Zoning district pursuant to Section facility. satisfactory quality.

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The March 31, 2009 Delegation of automated collection techniques or Number of Respondents and Authority Memorandum provided other forms of information technology; Responses: 2,242 respondents; 492,906 Regional Administrators with the and (e) ways to further reduce the responses. temporary authority to issue exceptions information collection burden for small Estimated Time per Response: 1 to Section 1605 of the ARRA within the business concerns with fewer than 25 minute (.017 hours) to 20 minutes (.33 geographic boundaries of their employees. hours). respective regions and with respect to The FCC may not conduct or sponsor Frequency of Response: requests by individual grant recipients. a collection of information unless it Recordkeeping and annual reporting Having established both a proper displays a currently valid control requirements. basis to specify the particular good number. No person shall be subject to Obligation to Respond: Required to required for this project and that this any penalty for failing to comply with obtain or retain benefits. The statutory manufactured good is not available from a collection of information subject to the authority for these information a producer in the United States, the Paperwork Reduction Act (PRA) that requirements are found in sections 1–4, Town of Falmouth is hereby granted a does not display a currently valid OMB 201, 202, 222, 258, and 303(r) of the waiver from the Buy American control number. Communications Act of 1934, as amended; 47 U.S.C. 151–154, 201, 202, requirements of Section 1605(a) of DATES: Written Paperwork Reduction 222, 258, and 303(r). Public Law 111–5. This waiver permits Act (PRA) comments should be use of ARRA funds for the purchase of Total Annual Burden: 40,885 hours. submitted on or before May 27, 2010. If Total Annual Cost: None. a foreign manufactured wind turbine as you anticipate that you will be Nature and Extent of Confidentiality: documented in the Town of Falmouth’s submitting PRA comments, but find it Confidentiality is not an issue as follow-up submittal dated February 24, difficult to do so within the period of individuals and/or households are not 2010. This supplementary information time allowed by this notice, you should required to provide personally constitutes the detailed written advise the FCC contact listed below as identifiable information. justification required by Section 1605(c) soon as possible. Privacy Impact Assessment: No for waivers based on a finding under ADDRESSES: Direct all PRA comments to impact(s). subsection (b). Nicholas A. Fraser, Office of Needs and Uses: In the 2005 Report Authority: Public Law 111–5, section Management and Budget, via fax at 202– and Order and Further Notice of 1605. 395–5167 or via email to Proposed Rulemaking, In the Matter of Dated: April 19, 2010. [email protected] and Rules and Regulations Implementing Ira W. Leighton, to the Federal Communications Minimum Customer Account Record Acting Regional Administrator, EPA Region Commission via email to [email protected] Exchange Obligations on All Local and 1—New England. and [email protected]. To view a Interexchange Carriers (2005 Report and [FR Doc. 2010–9751 Filed 4–26–10; 8:45 am] copy of this information collection Order), CG Docket No. 02–386, FCC 05– request (ICR) submitted to OMB: (1) Go 29, which was released on February 25, BILLING CODE 6560–50–P to the web page http://reginfo.gov/ 2005, the Commission adopted rules public/do/PRAMain, (2) look for the governing the exchange of customer section of the web page called account information between local FEDERAL COMMUNICATIONS ‘‘Currently Under Review’’, (3) click on exchange carriers (LECs) and COMMISSION the downward–pointing arrow in the interexchange carriers (IXCs). The Notice of Public Information Collection ‘‘Select Agency’’ box below the Commission concluded that mandatory, Being Submitted for Review and ‘‘Currently Under Review’’ heading, (4) minimum standards are needed in light Approval to the Office of Management select ‘‘Federal Communications of record evidence demonstrating that and Budget (OMB), Comments Commission’’ from the list of agencies information needed by carriers to Requested presented in the ‘‘Select Agency’’ box, execute customer requests and properly (5) click the ‘‘Submit’’ button to the right bill customers is not being consistently April 21, 2010. of the ‘‘Select Agency’’ box, and (6) provided by all LECs and IXCs. SUMMARY: The Federal Communications when the list of FCC ICRs currently Specifically, the 2005 Report and Order Commission, as part of its continuing under review appears, look for the title requires LECs to supply customer effort to reduce paperwork burden of this ICR (or its OMB Control Number, account information to IXCs when: (1) invites the general public and other if there is one) and then click on the ICR the LEC places an end user on, or Federal agencies to take this Reference Number to view detailed removes an end user from, an IXC’s opportunity to comment on the information about this ICR. network; (2) an end user presubscribed following information collection, as FOR FURTHER INFORMATION CONTACT: For to an IXC makes certain changes to her required by the Paperwork Reduction additional information on the account information via her LEC; (3) an Act (PRA) of 1995, 44 U.S.C. 3501 – information collection, contact Cathy IXC requests billing name and address 3520. Comments are requested Williams on (202) 418–2918. information for an end user who has concerning: (a) whether the proposed SUPPLEMENTARY INFORMATION: usage on an IXC’s network but for whom collection of information is necessary OMB Control Number: 3060–1084. the IXC does not have an existing for the proper performance of the Title: Rules and Regulations account; and (4) a LEC rejects an IXC– functions of the Commission, including Implementing Minimum Customer initiated PIC order. The 2005 Report and whether the information shall have Account Record Exchange Obligations Order requires IXCs to notify LECs practical utility; (b) the accuracy of the on All Local and Interexchange Carriers when an IXC customer informs an IXC Commission’s burden estimate; (c) ways (CARE). directly of the customer’s desire to to enhance the quality, utility, and Form Number: N/A. change IXCs. In the accompanying clarity of the information collected; (d) Type of Review: Extension of a Further Notice of Proposed Rulemaking, ways to minimize the burden of the currently approved collection. the Commission sought comment on collection of information on the Respondents: Business or other for– whether to require the exchange of respondents, including the use of profit entities. customer account information between

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LECs. In December 2007, The the voting shares of Bank of Chestnut, DEPARTMENT OF HEALTH AND Commission declined to adopt Chestnut, Illinois. HUMAN SERVICES mandatory LEC–to–LEC data exchange Board of Governors of the Federal Reserve requirements. System, April 22, 2010. [Document Identifier: OS–4040–0002] Federal Communications Commission. Robert deV. Frierson, Marlene H. Dortch, Deputy Secretary of the Board. Agency Information Collection Request; 60-Day Public Comment Secretary, [FR Doc. 2010–9702 Filed 4–26–10; 8:45 am] Request Office of the Secretary, BILLING CODE 6210–01–S Office of Managing Director. AGENCY: Office of the Secretary, HHS. [FR Doc. 2010–9632 Filed 4–26–10; 8:45 am] FEDERAL RESERVE SYSTEM In compliance with the requirement BILLING CODE: 6712–01–S Notice of Proposals to Engage in of section 3506(c)(2)(A) of the Permissible Nonbanking Activities or Paperwork Reduction Act of 1995, the to Acquire Companies that are Office of the Secretary (OS), Department FEDERAL RESERVE SYSTEM Engaged in Permissible Nonbanking of Health and Human Services, is Activities publishing the following summary of a Formations of, Acquisitions by, and proposed information collection request Mergers of Bank Holding Companies The companies listed in this notice for public comment. Interested persons have given notice under section 4 of the are invited to send comments regarding The companies listed in this notice Bank Holding Company Act (12 U.S.C. have applied to the Board for approval, this burden estimate or any other aspect 1843) (BHC Act) and Regulation Y (12 of this collection of information, pursuant to the Bank Holding Company CFR Part 225) to engage de novo, or to including any of the following subjects: Act of 1956 (12 U.S.C. 1841 et seq.) acquire or control voting securities or (BHC Act), Regulation Y (12 CFR Part assets of a company, including the (1) The necessity and utility of the 225), and all other applicable statutes companies listed below, that engages proposed information collection for the and regulations to become a bank either directly or through a subsidiary or proper performance of the agency’s holding company and/or to acquire the other company, in a nonbanking activity functions; (2) the accuracy of the assets or the ownership of, control of, or that is listed in § 225.28 of Regulation Y estimated burden; (3) ways to enhance the power to vote shares of a bank or (12 CFR 225.28) or that the Board has the quality, utility, and clarity of the bank holding company and all of the determined by Order to be closely information to be collected; and (4) the banks and nonbanking companies related to banking and permissible for use of automated collection techniques owned by the bank holding company, bank holding companies. Unless or other forms of information including the companies listed below. otherwise noted, these activities will be technology to minimize the information The applications listed below, as well conducted throughout the United States. collection burden. To obtain copies of as other related filings required by the Each notice is available for inspection the supporting statement and any Board, are available for immediate at the Federal Reserve Bank indicated. related forms for the proposed inspection at the Federal Reserve Bank The notice also will be available for paperwork collections referenced above, indicated. The applications also will be inspection at the offices of the Board of e-mail your request, including your available for inspection at the offices of Governors. Interested persons may address, phone number, OMB number, the Board of Governors. Interested express their views in writing on the and OS document identifier, to question whether the proposal complies persons may express their views in [email protected], or call the with the standards of section 4 of the writing on the standards enumerated in Reports Clearance Office on (202) 690– the BHC Act (12 U.S.C. 1842(c)). If the BHC Act. Additional information on all 6162. Written comments and proposal also involves the acquisition of bank holding companies may be recommendations for the proposed a nonbanking company, the review also obtained from the National Information information collections must be includes whether the acquisition of the Center website at www.ffiec.gov/nic/. nonbanking company complies with the Unless otherwise noted, comments received with 60-days, and directed to standards in section 4 of the BHC Act regarding the applications must be the Grants.gov Paperwork Clearance (12 U.S.C. 1843). Unless otherwise received at the Reserve Bank indicated Officer at the above e-mail address noted, nonbanking activities will be or the offices of the Board of Governors within 60-days. conducted throughout the United States. not later than May 12, 2010. Proposed Project: SF–424 Additional information on all bank A. Federal Reserve Bank of Kansas Mandatory—Revision—OMB No. 4040– City (Dennis Denney, Assistant Vice holding companies may be obtained 0002–Grants.gov. President) 1 Memorial Drive, Kansas from the National Information Center Abstract: These 424 mandatory forms website at www.ffiec.gov/nic/. City, Missouri 64198–0001: 1. CrossFirst Holdings, LLC, Overland are the government-wide forms used for Unless otherwise noted, comments Park, Kansas; to engage de novo through mandatory grant programs. The only regarding each of these applications its subsidiary, CFSA, LLC, Overland proposed revision to the form includes must be received at the Reserve Bank Park, Kansas, in lending activities, indicated or the offices of the Board of making the fax number in block 17 pursuant to section 225.28(b)(1) of Governors not later than May 21, 2010. optional. The revised form will assist Regulation Y. A. Federal Reserve Bank of Chicago agencies in collecting required data (Colette A. Fried, Assistant Vice Board of Governors of the Federal Reserve elements through the SF–424 President) 230 South LaSalle Street, System, April 22, 2010. applications. This form could be Chicago, Illinois 60690–1414: Robert deV. Frierson, utilized by up to 26 Federal grant 1. Chestnut Bancorp, Inc., Chestnut, Deputy Secretary of the Board. making agencies with mandatory grant Illinois; to become a bank holding [FR Doc. 2010–9703 Filed 4–26–10; 8:45 am] programs. The current 4040–0002 company by acquiring 100 percent of BILLING CODE 6210–01–S collection expires on July 31, 2010.

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ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Number of responses burden per Total burden Agency respondents per respond- response hours ent (in hours)

DOT ...... 300 1 1 300 VA ...... 363 1 1 363

Total ...... 663

Seleda M. Perryman, this burden estimate or any other aspect received within 60 days, and directed to Office of the Secretary, Paperwork Reduction of this collection of information, the OS Paperwork Clearance Officer at Act Reports Clearance Officer. including any of the following subjects: the above e-mail address within 60 [FR Doc. 2010–9655 Filed 4–26–10; 8:45 am] (1) The necessity and utility of the days. BILLING CODE 4151–AE–P proposed information collection for the Title: SF–424D (Assurances— proper performance of the agency’s Construction Programs)—Revision— functions; (2) the accuracy of the OMB No. 4040–0009—Grants.gov. DEPARTMENT OF HEALTH AND estimated burden; (3) ways to enhance Proposed Project: The SF–424D HUMAN SERVICES the quality, utility, and clarity of the (Assurances—Construction Programs) [Document Identifier: OS–4040–0009] information to be collected; and (4) the form is an OMB currently approved use of automated collection techniques collection (4040–0009). The form is Agency Information Collection or other forms of information being renewed without any proposed Request; 60-Day Public Comment technology to minimize the information changes. This form could be utilized by Request collection burden. up to 26 Federal grant making agencies. To obtain copies of the supporting The SF–424D is used to provide AGENCY: Office of the Secretary, HHS. statement and any related forms for the information on required assurances In compliance with the requirement proposed paperwork collections when applying for construction projects of section 3506(c)(2)(A) of the referenced above, e-mail your request, under Federal grants. The Federal Paperwork Reduction Act of 1995, the including your address, phone number, awarding agencies use information Office of the Secretary (OS), Department OMB number, and OS document reported on the form for the evaluation of Health and Human Services, is identifier, to [email protected], or of award and general management of publishing the following summary of a call the Reports Clearance Office on Federal assistance program awards. The proposed information collection request (202) 690–6162. Written comments and only information collected on the form for public comment. Interested persons recommendations for the proposed is the applicant signature, title and date are invited to send comments regarding information collections must be submitted.

ESTIMATED ANNUALIZED BURDEN TABLE

Average bur- Number of re- Number of re- den per re- Total burden Agency spondents sponses per re- sponse hours spondent (in hours)

VA ...... 163 1 .24 26/60 88 DOT ...... 134 1 49/60 109 DOD ...... 3 1 18/60 1 DHS ...... 2,608 1 30/60 1,304 HHS ...... 400 1 .8 20/60 240

Total ...... 1,742

Seleda M. Perryman, DEPARTMENT OF HEALTH AND proposed information collection request Office of the Secretary, Paperwork Reduction HUMAN SERVICES for public comment. Interested persons Act Reports Clearance Officer. are invited to send comments regarding [FR Doc. 2010–9664 Filed 4–26–10; 8:45 am] [Document Identifier: OS–4040–0007] this burden estimate or any other aspect BILLING CODE 4151–AE–P of this collection of information, Agency Information Collection including any of the following subjects: Request. 60-Day Public Comment (1) The necessity and utility of the Request proposed information collection for the AGENCY: Office of the Secretary, HHS. proper performance of the agency’s In compliance with the requirement functions; (2) the accuracy of the of section 3506(c)(2)(A) of the estimated burden; (3) ways to enhance Paperwork Reduction Act of 1995, the the quality, utility, and clarity of the Office of the Secretary (OS), Department information to be collected; and (4) the of Health and Human Services, is use of automated collection techniques publishing the following summary of a or other forms of information

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technology to minimize the information the OS Paperwork Clearance Officer at 106), as amended (22 U.S.C. 7104(g) has collection burden. the above email address within 60 days. been added in Section 18. This form To obtain copies of the supporting Proposed Project: SF–424B could be utilized by up to 26 Federal statement and any related forms for the (Assurances—Non-Construction grant making agencies. proposed paperwork collections Programs)—Revision—OMB No. 4040– The SF–424B is used to provide 0007—Grants.gov. information on required assurances referenced above, e-mail your request, Abstract: The SF–424B (Assurances— when applying for non-construction including your address, phone number, Non-Construction Programs) form is an Federal grants. The Federal awarding OMB number, and OS document OMB currently approved collection agencies use information reported on identifier, to [email protected], or (4040–0007). The form is being renewed the form for the evaluation of award and call the Reports Clearance Office on with the following proposed changes: general management of Federal (202) 690–6162. Written comments and The legal citations have been updated to assistance program awards. The only recommendations for the proposed reflect changes in location within the information collected on the form is the information collections must be United Sates Code. The ‘‘Trafficking applicant signature, title and date received within 60 days, and directed to Victims Protection Act of 2000 (Section submitted.

ESTIMATED ANNUALIZED BURDEN TABLE

Average Number of Number of burden per Total burden Agency respondents responses per response hours respondent (in hours)

CNCS ...... 6,450 1 30/60 3,225 DOD ...... 107 1 9/60 16 DHS ...... 4,308 1 1 4,308 DOL ...... 780 1 45/60 585 VA ...... 200 1 15/60 50 DOT ...... 1,157 1 49/60 945 SSA ...... 175 1 20/60 58 HHS ...... 8,561 1.17 39/60 6,511

Total ...... 15,698

Seleda M. Perryman, proposed information collection for the Abstract: The SF–424A (Budget Office of the Secretary, Paperwork Reduction proper performance of the agency’s Information—Non-Construction Act Reports Clearance Officer. functions; (2) the accuracy of the Programs) OMB no. 4040–0006 form is [FR Doc. 2010–9668 Filed 4–26–10; 8:45 am] estimated burden; (3) ways to enhance a currently approved collection. The BILLING CODE 4151–AE–P the quality, utility, and clarity of the Office of Grant.gov is requesting an information to be collected; and (4) the approval on a revision to the form; the use of automated collection techniques proposed changes were made to the DEPARTMENT OF HEALTH AND or other forms of information instructions only. In the ‘‘General HUMAN SERVICES technology to minimize the information Instructions’’ section, the following [Document Identifier: OS–4040–0006] collection burden. To obtain copies of sentence is added as the last sentence: the supporting statement and any ‘‘In ALL cases total funding budgets Agency Information Collection related forms for the proposed should be reflected NOT only Request: 60-Day Public Comment paperwork collections referenced above, incremental budget request changes.’’ Request e-mail your request, including your Also, in the ‘‘Section B Budget address, phone number, OMB number, AGENCY: Office of the Secretary, HHS. Categories’’ section, the last sentence is and OS document identifier, to In compliance with the requirement revised as follows: ‘‘For each program, [email protected], or call the of section 3506(c)(2)(A) of the function or activity, fill in the total Reports Clearance Office on (202) 690– Paperwork Reduction Act of 1995, the requirements for funds, Federal funding 6162. Written comments and Office of the Secretary (OS), Department only, by object class categories.’’ This recommendations for the proposed of Health and Human Services, is form could be utilized by up to 26 publishing the following summary of a information collections must be Federal grant making agencies. The SF– proposed information collection request received within 60 days, and directed to 424A is used to provide budget for public comment. Interested persons the OS Paperwork Clearance Officer at information when applying for non- are invited to send comments regarding the above email address within 60 days. construction Federal grants. The Federal this burden estimate or any other aspect Proposed Project: SF–424A (Budget awarding agencies use information of this collection of information, Information—Non-Construction reported on the form for the evaluation including any of the following subjects: Programs)—Revision OMB No. 4040– of award and general management of (1) The necessity and utility of the 0006—Grants.gov. Federal assistance program awards.

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ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average burden Agency Number of responses per per response Total burden respondents respondent (in hours) hours

CNCS ...... 6,450 1 4 25,800 DOD ...... 108 1.6 50/60 144 DOL ...... 2,130 1 1 2,130 VA ...... 200 1 20/60 67 DOT ...... 1,361 1 1.80 2,450 SSA ...... 175 1 .25 14 3,063 HHS ...... 9,751 1.22 1.62 19,272

Total ...... 52,926

Seleda M. Perryman, this burden estimate or any other aspect information collections must be Office of the Secretary, Paperwork Reduction of this collection of information, received within 60 days, and directed to Act Reports Clearance Officer. including any of the following subjects: the OS Paperwork Clearance Officer at [FR Doc. 2010–9669 Filed 4–26–10; 8:45 am] (1) The necessity and utility of the the above e-mail address within 60 BILLING CODE 4151–AE–P proposed information collection for the days. proper performance of the agency’s Proposed Project: SF–424C (Budget functions; (2) the accuracy of the Information—Construction Programs)— DEPARTMENT OF HEALTH AND estimated burden; (3) ways to enhance Extension OMB No. 4040–0008— HUMAN SERVICES the quality, utility, and clarity of the Grants.gov. [Document Identifier: OS–4040–0008] information to be collected; and (4) the Abstract: The SF–424C (Budget use of automated collection techniques Agency Information Collection Information—Construction Programs) or other forms of information form is a currently OMB approved Request: 60-Day Public Comment technology to minimize the information Request collection (4040–0008). The form is collection burden. being renewed without any proposed AGENCY: Office of the Secretary, HHS. To obtain copies of the supporting changes. This form could be utilized by In compliance with the requirement statement and any related forms for the up to 26 Federal grant making agencies. of section 3506(c)(2)(A) of the proposed paperwork collections The SF–424C is used to provide budget Paperwork Reduction Act of 1995, the referenced above, e-mail your request, information when applying for Office of the Secretary (OS), Department including your address, phone number, construction projects under Federal of Health and Human Services, is OMB number, and OS document grants. The Federal awarding agencies publishing the following summary of a identifier, to [email protected], or use information reported on the form for proposed information collection request call the Reports Clearance Office on the evaluation of award and general for public comment. Interested persons (202) 690–6162. Written comments and management of Federal assistance are invited to send comments regarding recommendations for the proposed program awards.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Average Number of responses burden per Total burden Agency respondents per response hours respondent (in hours)

DOD ...... 8 2.5 1.53 31 DOT ...... 134 1 3 402 VA ...... 163 1.24 38/60 128 HHS ...... 540 1.73 2 1,868

Total ...... 2,429

Seleda M. Perryman, DEPARTMENT OF HEALTH AND of Health and Human Services, is Office of the Secretary, Paperwork Reduction HUMAN SERVICES publishing the following summary of a Act Reports Clearance Officer. proposed information collection request [Document Identifier: OS–0990–0317] [FR Doc. 2010–9665 Filed 4–26–10; 8:45 am] for public comment. Interested persons BILLING CODE 4151–AE–P Agency Information Collection are invited to send comments regarding Request: 60-Day Public Comment this burden estimate or any other aspect Request of this collection of information, including any of the following subjects: AGENCY: Office of the Secretary, HHS. (1) The necessity and utility of the In compliance with the requirement proposed information collection for the of section 3506(c)(2)(A) of the proper performance of the agency’s Paperwork Reduction Act of 1995, the functions; (2) the accuracy of the Office of the Secretary (OS), Department estimated burden; (3) ways to enhance

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the quality, utility, and clarity of the to the OS Paperwork Clearance Officer form. In addition, HHS will continue to information to be collected; and (4) the at the above e-mail address within 60 include the use of the 5161–1 form for use of automated collection techniques days. several emergency acts and funding that or other forms of information Proposed Project: HHS–5161–1 were the result of the September 11th technology to minimize the information form—Revision—OMB No. 0990– attack on the World Trade Center. collection burden. 0317—The Office of the Secretary (OS). Specifically, the Public Health To obtain copies of the supporting Abstract: HHS is requesting clearance Preparedness for Response to statement and any related forms for the for the Checklist and Program Narrative Bioterrorism (Emergency Supplement) proposed paperwork collections & the Public Health System Impact (CDC), the Bioterrorism Hospital referenced above, e-mail your request, Statement (PHSIS), used by several Preparedness Program cooperative including your address, phone number, former PHS agencies within HHS; CDC agreement (HRSA), and 2 emergency OMB number, and OS document 0.1113 supplemental forms used response grants from (SAMHSA). The identifier, to exclusively by CDC; a supplement form [email protected], or call used exclusively by Substance Abuse only change requested is the addition of the Reports Clearance Office on (202) Mental Health Services Administration the ‘‘Trafficking Victims Protection Act 690–6162. Written comments and (SAMHSA), and the Single Source of 2000 (Section 106), as amended (22 recommendations for the proposed Agency (SSA) notification form, as well U.S.C. 7104(g). information collections must be directed as continued use of the project abstract

ESTIMATED ANNUALIZED BURDEN TABLE

Number of re- Response per Avg. burden Total Forms spondents respondents per response burden (in hours) (in hours)

Program Narrative, Checklist, & Project Abstract ...... 7,338 1 4 29,373 Program Narrative, Checklist & Project Narrative (CDC) ...... 59 6 24 8,496 Program Narrative, Checklist, & Project Narrative (HRSA) ...... 59 1 50 2,950 CDC Form 0.1113 ...... 1,000 1 30/60 500 Public Health Impact Statement (PHSIS) ...... 2,845 2.5 10/60 1,185

SSA (SAMHSA) ...... 1,125 1 10/60 187 Total ...... 42,691

Seleda Perryman, the Treasury may revise this rate consumer rates of interest on the date Office of the Secretary, Paperwork Reduction quarterly. The Department of Health and that the Department of Health and Act Reports Clearance Officer. Human Services publishes this rate in Human Services becomes entitled to [FR Doc. 2010–9656 Filed 4–26–10; 8:45 am] the Federal Register. recovery. The rate cannot be lower than 7 BILLING CODE 4151–17–P The current rate of 10 ⁄8%, as fixed by the Department of the Treasury’s current the Secretary of the Treasury, is certified value of funds rate or the applicable rate for the quarter ended March 31, 2010. determined from the ‘‘Schedule of DEPARTMENT OF HEALTH AND This interest rate is effective until the Certified Interest Rates with Range of HUMAN SERVICES Secretary of the Treasury notifies the Maturities’’ unless the Secretary waives Department of Health and Human Office of the Secretary interest in whole or part, or a different Services of any change. rate is prescribed by statute, contract, or Notice of Interest Rate on Overdue Dated: April 16, 2010. repayment agreement. The Secretary of Debts Molly P. Dawson, the Treasury may revise this rate Director, Office of Financial Policy and quarterly. The Department of Health and Section 30.18 of the Department of Reporting. Human Services publishes this rate in Health and Human Services’ claims [FR Doc. 2010–9719 Filed 4–26–10; 8:45 am] the Federal Register. collection regulations (45 CFR part 30) BILLING CODE 4150–28–P The current rate of 111⁄4%, as fixed by provides that the Secretary shall charge the Secretary of the Treasury, is certified an annual rate of interest, which is determined and fixed by the Secretary DEPARTMENT OF HEALTH AND for the quarter ended December 31, of the Treasury after considering private HUMAN SERVICES 2009. This interest rate is effective until consumer rates of interest on the date the Secretary of the Treasury notifies the that the Department of Health and Office of the Secretary Department of Health and Human Services of any change. Human Services becomes entitled to Notice of Interest Rate on Overdue recovery. The rate cannot be lower than Debts Dated: April 16, 2010. the Department of the Treasury’s current Molly P. Dawson, value of funds rate or the applicable rate Section 30.18 of the Department of Director, Office of Financial Policy and determined from the ‘‘Schedule of Health and Human Services’ claims Reporting. Certified Interest Rates with Range of collection regulations (45 CFR Part 30) Maturities’’ unless the Secretary waives provides that the Secretary shall charge [FR Doc. 2010–9710 Filed 4–26–10; 8:45 am] interest in whole or part, or a different an annual rate of interest, which is BILLING CODE 4150–04–P rate is prescribed by statute, contract, or determined and fixed by the Secretary repayment agreement. The Secretary of of the Treasury after considering private

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DEPARTMENT OF HEALTH AND Hemophilia Foundation (NHF). NHF, acceptance of the bleeding disorder, self HUMAN SERVICES founded in 1948, has a long history of care, progressing through school, service through education, advocacy vocational/career planning, moving to Centers for Disease Control and and research for people and families an adult center, starting a family, Prevention with hemophilia and other bleeding middle age, and retirement. Transition [30 Day–10–09BS] disorders. occurs throughout life for all people, but The Hemophilia and AIDS/HIV for those with chronic illness, it takes Agency Forms Undergoing Paperwork Network for the Dissemination of on additional significance due to the Reduction Act Review Information (HANDI) is NHF’s resource nature of their condition. center which provides information, The CDC’s Division of Blood The Centers for Disease Control and materials, and support to people with Disorders in conjunction with the Prevention (CDC) publishes a list of bleeding and clotting disorders. Over National Hemophilia Foundation will information collection requests under the past 17 years, HANDI’s resource conduct focus groups to gather review by the Office of Management and collection has grown to meet the information that will be used to design Budget (OMB) in compliance with the changing needs of the community. educational materials and health Paperwork Reduction Act (44 U.S.C. HANDI processes thousands of requests promotion programs for young children Chapter 35). To request a copy of these for information from a wide variety of (aged 5–12 years) and adolescents (aged requests, call Maryam I. Daneshvar, the individuals and organizations including 16–19 years) that address transition CDC Reports Clearance Officer, at (404) NHF chapters, medical professionals, issues. The groups will also be used to 639–5960 or send an e-mail to consumers and their families, and explore how young children and [email protected]. Send written comments teachers and students conducting adolescents prefer to receive health to CDC Desk Officer, Office of research. messages and health information (e.g., Management and Budget, Washington, The type of information requested brochures, videos, podcasts, DC or by fax to (202) 395–5806. Written reflects a diversity of needs. Topics YouTube.com, etc.). These findings will comments should be received within 30 include homecare, orthopedics, physical inform the development of key messages days of this notice. therapy, rare factor deficiencies, psychosocial issues, blood safety, tailored to the target audiences. Proposed Project women’s health, and financial and The contractor selected will work Hemophilia and AIDS/HIV Network insurance reimbursement issues. with CDC and NHF, through its chapter for the Dissemination of Information HANDI’s current resource library network, to identify and recruit focus (HANDI) Evaluation Support—New— collection contains nearly 13,000 items. group participants. Formative research National Center on Birth Defects and However, the process by which participants will include (1) parents of Developmental Disabilities (NCBDDD), materials have been selected for young children (aged 5–12 years) or Centers for Disease Control and development has not been informed by young adults who can reflect back upon Prevention (CDC). a systematic needs assessment or other their experience and share what exploratory research. Therefore, it is not information, resources, and support Background and Brief Description known if the materials and messages they wished had been available when The Division of Blood Disorders, that have been developed are meeting their child was young, and located within the National Center on the information needs of the audiences (2)adolescents (aged 16–19 years). Birth Defects and Developmental they were intended to serve. Participants will include (1) parents of Disabilities, implements health While there seems to be many HANDI young children (aged 5–12 years) and promotion and wellness programs materials available that focus on parents (2) adolescents (aged 16–19 years). designed to prevent secondary and family members of newly diagnosed Participants will be recruited to conditions in people with bleeding and children, considerably less attention has participate in one of twelve in-person clotting disorders. These programs are been given to developing materials for focus groups that will be conducted in carried out in partnership with young children and adolescents, the following cities: Detroit, Atlanta, community-based organizations on the particularly materials that address Philadelphia, and Denver. There are no national and local level. The division’s transition issues. There are many types costs to the respondents other than time. largest and longest standing cooperative of transitions for the person with a The Total Estimated Annualized Burden agreement is held by the National bleeding disorder. These include is 197 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

Avg. burden per Type of respondents Form name Number of respondents Responses per response (in respondent hours)

Parents of adolescents (aged 5–12) and Participant Screener and 120 ...... 1 12/60 parents of teens/young adults (aged 16– Recruitment Script. 19) living with hemophilia. Young adults aged 16–19 living with hemo- philia. Parents of adolescents (aged 5–12) and Moderator’s Guide ...... 108 (12 groups × 9 partici- 1 1.5 parents of teens/young adults (aged 16– pants per group). 19) living with hemophilia. Young adults aged 16–19 living with hemo- philia. Parents of adolescents (aged 5–12) and Informed Consent ...... 108 ...... 1 6/60 parents of teens/young adults (aged 16– (12 groups × 9 participants 19) living with hemophilia. per group).

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

Avg. burden per Type of respondents Form name Number of respondents Responses per response (in respondent hours)

Young adults aged 16–19 living with hemo- philia.

Dated: April 21, 2010. and cancers of the bladder, lung, selected truck stops will provide all Maryam I. Daneshvar, prostate, and stomach. Truck drivers survey data. The major objectives of the Acting Reports Clearance Officer, Centers for also face extraordinary risk of on-the-job survey will be to: (1) Determine the Disease Control and Prevention. mortality. In 2007, the fatality rate for prevalence of selected health conditions [FR Doc. 2010–9690 Filed 4–26–10; 8:45 am] ‘‘driver/sales workers and truck drivers’’ and risk factors; (2) characterize drivers’ BILLING CODE 4163–18–P was 28.2 per 100,000 workers, working conditions, occupational compared with a rate of 3.8 per 100,000 injuries, and health behaviors; (3) for all workers. Drivers of heavy and explore the associations among health DEPARTMENT OF HEALTH AND tractor-trailer trucks had more fatal status, individual risk factors, HUMAN SERVICES work injuries than any other single occupational injuries and occupational occupation (822 deaths in 2007). exposures related to work organization. Centers for Disease Control and Truck drivers experience high rates of The survey will eliminate significant Prevention occupational injury and illness, but gaps in occupational safety and health [30 Day–10–09AX] little is known about the prevalence of data for long-haul truck drivers. The factors suspected to place them at results will assist regulatory agencies in Agency Forms Undergoing Paperwork increased risk. Information is needed on focusing rulemaking, furnish industry Reduction Act Review the role of occupation in driver health and labor with safety and health and on mechanisms of driver injuries. In information needed by their The Centers for Disease Control and evaluating the potential health effects of constituents, and stimulate future Prevention (CDC) publishes a list of the 2005 hours-of-service ruling, the research and advocacy to benefit truck information collection requests under Federal Motor Carrier Safety drivers. review by the Office of Management and Administration stated that due to a lack The target population of drivers for Budget (OMB) in compliance with the of evidence specific to trucking this survey will be limited to drivers Paperwork Reduction Act (44 U.S.C. operations, information from different who: Have truck driving as their main Chapter 35). To request a copy of these fields had to be adapted to a trucking job; drive a truck with 3 or more axles requests, call the CDC Reports Clearance environment. Research needs cited by (requiring the driver to have a Officer at (404) 639–5960 or send an stakeholders include detailed data on commercial driver’s license); have been e-mail to [email protected]. Send written the prevalence of selected health a heavy truck driver 12 months or comments to CDC Desk Officer, Office of conditions and risk factors among truck longer; and who usually take at least Management and Budget, Washington, drivers, and data on working conditions, one mandatory 10-hour rest period away DC or by fax to (202) 395–5806. Written injury causes and outcomes, and health from home during each delivery run. comments should be received within 30 behaviors. The study instrument will be days of this notice. NIOSH has obtained input on plans interviewer-administered to 2,457 Proposed Project for this survey through stakeholder eligible truck drivers at 50 truck stops. National Survey of U.S. Long-Haul meetings, a webinar, an Internet blog, Individuals will first be asked a series Truck Driver Injury and Health—New— and from comments received through of questions to determine if they are National Institute for Occupational NIOSH Docket 110 and during a focus eligible to participate in the survey, Safety and Health (NIOSH), Centers for group discussion with 7 truck drivers. followed by administration of the main Disease Control and Prevention (CDC). The survey instrument has been interview. Individuals who do not wish reviewed by 6 subject matter experts to participate in the main interview will Background and Brief Description and 9 cognitive interviews have been be given a short non-respondent The mission of the National Institute conducted using the survey instrument. interview. Respondents will not be for Occupational Safety and Health Input received was used to guide asked to report names or any other (NIOSH) is to promote safety and health development of the survey instrument identifying information. at work for all people through research and plans for survey implementation. The project supports the NIOSH and prevention. The Occupational Subjective data on understanding and surveillance function to advance the Safety and Health Act of 1970, Public phrasing of questions were collected usefulness of surveillance information Law 91–596 (Section 20[a][1]) during the focus group discussion and for the prevention of occupational authorizes NIOSH to conduct research cognitive interviews. injuries, illnesses, and hazards, and to advance the health and safety of The proposed national survey will be actively promote the dissemination and workers. In this capacity, NIOSH will based upon a probability sample of use of NIOSH surveillance data and conduct a national survey of long-haul truck stops. The survey will be information. This survey will allow truck drivers. conducted at locations along freight NIOSH to explore the inter-relationships Truck drivers are at increased risk for corridors in 5 geographic regions among dimensions of health status, numerous preventable diseases and (Northeast, South, Great Lakes, Central, individual risk factors, occupational health conditions; previous research and West). The number of locations to injuries, sleep disorders, and suggests that truck drivers are at be visited within each region will be occupational exposures. It will also increased risk for lower back pain, heart related to the traffic load in that region. provide detailed demographic data on disease, hypertension, stomach ulcers, Eligible truck drivers stopping at long-haul truck drivers, which have not

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been available previously, and could safety and health interventions for long- cost to respondents other than their provide baseline data to inform future haul truck drivers. Once the study is time. cohort and prospective studies. completed, results will be made The total estimated annualized NIOSH will use the information to available via various means. There is no burden to respondents is 2,028 hours. calculate prevalence and customize

ANNUALIZED ESTIMATED BURDEN HOURS

Number of Average Number of responses burden per Type of respondent Form name respondents per response respondent (in hours)

Truck Drivers ...... Screening Interview ...... 2,457 1 1/60 Non-respondent Interview ...... 615 1 2/60 Main Interview ...... 2,457 1 48/60

Dated: April 21, 2010. the BLM be transferred to be held in trust for thence along the line between T. 20 N., R. 7 Maryam I. Daneshvar, the Pueblos of San Ildefonso and Santa Clara. E. and T. 20 N., R. 8 E.; A boundary line, established by the two N 0°45′ W 2.96 chs. to the 1⁄4 section corner Acting Reports Clearance Officer, Centers for Pueblos, was identified by this survey to of Section 24, T. 20 N., R. 7 E., Disease Control and Prevention. separate two tracts located within Township thence along the E–W center line of Section [FR Doc. 2010–9691 Filed 4–26–10; 8:45 am] 20 North, Ranges 7 and 8 East, New Mexico 24 and the S. bdy. of the Santa Clara BILLING CODE 4163–18–P Principal Meridian, New Mexico, more Indian Reservation; particularly described as follows: S 88°18′ W 39.79 chs. to a point on the E– W center line of Section 24, Land Description for Santa Clara Land Tract ° ′ 1 DEPARTMENT OF THE INTERIOR S 88 24 W 39.80 chs. to the ⁄4 section corner Beginning at Angle Point #1 on the line of Sections 23 and 24, between Secs. 21 and 22, T. 20 N., R. 7 E., thence along the E–W center line of Section Bureau of Land Management thence along the N. bdy. of San Ildefonso 23, and the S. bdy. of the Santa Clara [LLNM940000 L14200000.BJ0000] lands and S. bdy. of Santa Clara Lands; Indian Reservation; S 45°26′ E 22.79 chs. to Angle Point #2, S 89°32′ W 39.98 chs. to a point on the E– Notice of Correction for Notice of S 85°47′ E 12.37 chs. to Angle Point #3, W center line of Section 23, ° ′ ° ′ 1 Filing of Plat of Survey, New Mexico S 25 24 E 13.23 chs. to Angle Point #4, S 89 30 W 39.98 chs. to the ⁄4 section corner S 83°54′ E 29.72 chs. to Angle Point #5, of Section 23 only, ° ′ AGENCY: Bureau of Land Management, S 76 18 E 35.23 chs. to Angle Point #6, thence between Sections 22 and 23; ° ′ ° ′ 1 Interior. S 66 42 E 21.30 chs. to Angle Point #7, N 0 06 W 4.29 chs. to the ⁄4 section corner S 60°13′ E 16.50 chs. to Angle Point #8, of Section 22 only, ACTION: Notice of correction. S 7°32′ E 13.98 chs. to Angle Point #9, N 0°06′ W 35.94 chs. to the corner of Sections S 24°51′ E 23.41 chs. to Angle Point #10, SUMMARY: The plat of survey described 14, 15, 22 and 23, S 58°57′ E 13.25 chs. to Angle Point #11 on thence between sections 15 and 22, and along below was officially filed in the New the N. bdy. of the San Ildefonso Pueblo the S. bdy. of the Santa Clara Indian Mexico State Office, Bureau of Land Grant, thence along the N. bdy. of the Reservation; Management (BLM), Santa Fe, New San Ildefonso Pueblo Grant; N 89°03′ W 38.635 chs. to the 1⁄4 section Mexico, on January 15, 2004. The BLM S 89°58′ E 5.49 chs. to the line between Secs. corner of Section 15 only, published a Notice of Filing of Plat of 25 and 26 to the north, N 89°02′ W 2.16 chs. to the 1⁄4 section corner Survey in the Federal Register on April S 89°58′ E 66.04 chs. to Milepost 4 of Section 22 only, ° ′ 8, 2010 [75 FR 17952] which contained N 89 53 E 4.375 chs. to Angle Point #4 of N 89°02′ W 36.44 chs. to the corner of errors in the description format. Tract A Sections 15 and 16 only, N 43°24′ W 12.12 chs. to Angle Point #3 of S 85°19′ W 3.53 chs. to the closing corner of FOR FURTHER INFORMATION CONTACT: Tract A Sections 21 and 22, These plats will be available for N 89°48′ E 5.66 chs. to Angle Point #2 of thence along the line between Sections 21 inspection in the New Mexico State Tract A and 22; ° ′ 1 Office, Bureau of Land Management, S 43 21 E 12.115 chs. to Angle Point #1 of South 36.93 chs. to the ⁄4 section corner of 301 Dinosaur Trail, Santa Fe, New Tract A Sections 21 and 22, ° ′ Mexico. Copies may be obtained from N 89 47 E 4.04 chs. to the intersection with South 17.16 chs. to Angle Point #1 and point this office upon payment. Contact the line between T. 20 N., R. 7 E. and of beginning, containing 2422.99 acres, T. 20 N., R. 8 E., more or less. Marcella Montoya at 505–954–2097, or thence through Section 30, T. 20 N., R. 8 E., by e-mail N 89°47′ E 26.95 chs. to the SE corner of the Land Description for San Ildefonso Land [email protected], for Santa Clara Lands Tract, identical with Tract assistance. the SW corner of the Santa Clara Pueblo Beginning at AP1 on the line between Secs. Grant, 21 and 22, T. 20 N., R. 7 E., thence along SUPPLEMENTARY INFORMATION: thence along the W. bdy. of the Santa Clara the south boundary of Santa Clara lands New Mexico Principal Meridian, New Pueblo Grant; and the north boundary of San Ildefonso ° ′ Mexico (NM): N 0 02 E 15.33 chs. to Milepost 5, lands; N 0°03′ E 40.31 chs. to Milepost 41⁄2, S 45°26′ E 22.79 chs. to AP2, The plat representing the dependent N 0°01′ E 15.90 chs. to the closing corner S 85°47′ E 12.37 chs. to AP3, resurvey and survey in Townships 20 North, between Sections 19 and 30, S 25°24′ E 13.23 chs. to AP4, Ranges 7 and 8 East, of the New Mexico N 0°01′ E 24.06 chs. to Milepost 4, S 83°54′ E 29.72 chs. to AP5, Principal Meridian, accepted January 8, 2004, North 16.10 chs. to the E–W center line of S 76°18′ E 35.23 chs. to AP6, for Group 1018 NM. This survey is based on Section 19, S 66°42′ E 21.30 chs. to AP7, Public Law 108–66, 117 Stat. 876, enacted on S 89°58′ W 27.08 chs. along the E–W center S 60°13′ E 16.50 chs. to AP8, July 30, 2003, by which Congress directed line of Section 19 to the closing corner S 7°32′ E 13.98 chs. to AP9, that certain lands under the management of with T. 20 N., R. 7 E., S 24°51′ E 23.41 chs. to AP10,

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S 58°57′ E 13.25 chs. to AP11, Key Dates perceived needs of the programs and thence along the north boundary of the San personnel to be served are essential. Ildefonso Pueblo Grant; Application Deadline Date: June 2, ° ′ 2010. Successful proposals will either N 89 58 W 1.74 chs. to CC of Secs. 25 and document the perceived needs of Area 26 to the south, Review Date: June 9, 2010. N 89°58′ W 7.28 chs. to Milepost 5, Earliest Anticipated Start Date: programs and personnel, or outline how August 31, 2010. Area needs will be assessed. West, 18.12 chs. to NW Cor. San Ildefonso • Pueblo Grant, Centers will provide technical thence along the west boundary of the San I. Funding Opportunity Description assistance and resources for local and Ildefonso Pueblo Grant; Statutory Authority Area clinic-based and community-based S 0°03′ E 7.52 chs. to CC of Secs. 26 and 35 oral health promotion/disease to the west, The Indian Health Service (IHS) is prevention (HP/DP) initiatives. S 0°03′ E 0.88 chs. to CC of Secs. 26 and 35 accepting competitive applications for • Centers will send an appropriate to the east, the Dental Preventive and Clinical representative or representatives to S 0°03′ E 36.00 chs. to Milepost 2, Support Centers (DPCSC) Program. This ° ′ national Support Centers project S 0 02 E 39.45 chs. to the intersection with program is authorized under the Snyder meetings convened by IHS HQ DOH. the S. boundary of T. 20 N., R. 7 E., Act, 25 U.S.C. 13, and the Public Health Such meetings will be convened thence along the south boundary of Sec. 35; Service Act Section 301(a), as amended. S 89°17′ W 7.40 chs. to the 1⁄4 section cor. annually, as deemed necessary by HQ of Sec. 35, The DPCSC Program supports the dental DOH. All centers are expected to reserve West 7.02 chs. to the 1⁄4 section cor. of sec. health objectives as outlined in 25 sufficient funds to send a representative 2, U.S.C. 1602(b)(20–26). This program is or representatives to these meetings. West 33.43 chs. to the corner of Secs. 34 and described in the Catalog of Federal • Centers will promote the 35, Domestic Assistance (CDFA) under coordination of research, demonstration thence along the south boundary of Sec. 34; 93.933. ° ′ projects, and studies relating to the S 89 56 W 6.65 chs. to the corner of Secs. causes, diagnosis, treatment, control, 2 and 3, Background and prevention of oral disease. This will S 89°56′ W 33.33 chs. to the 1⁄4 section cor. The primary customers of a Support be addressed through the collection, of Sec. 34, Center are our dental programs and ° ′ 1 analysis, and dissemination of data or N 89 53 W 6.78 chs. to the ⁄4 section cor. personnel throughout an IHS Area or of sec. 3, other methodology deemed appropriate N 89°53′ W 33.20 chs. to the corner of Secs. broad geographic region. The primary by the IHS DOH. 33 and 34, customers are not dental patients or • Each center will collaborate with thence along the line between Secs. 33 and Tribes. The primary function of a IHS HQ DOH on one ongoing national 34; Support Center is not the direct initiative. Those centers wishing to ° ′ 1 N 0 02 W 40.02 chs. to the ⁄4 section cor. provision of clinical care. Well-designed identify or discuss appropriate of Secs. 33 and 34, Support Centers will indirectly impact collaborative national efforts are N 0°03′ W 40.01 chs. to the corner of Secs. upon patients’ oral health by directly 27, 28, 33 and 34, encouraged to contact the designated addressing the perceived needs of Program Official for this Support thence along the line between Secs. 27 and dental personnel and Area or regional 28; Centers project. dental programs. • N 0°02′ W 39.97 chs. to the 1⁄4 section cor. Centers are strongly encouraged to of Secs. 27 and 28, Purpose provide technical assistance and North 39.93 chs. to the corner of Secs. 21, 22, resources for local and Area clinical 27 and 28, Support Centers will combine existing programs. thence along the line between Secs. 21 and resources and infrastructure with IHS • Centers are strongly encouraged to 22; Headquarters (HQ) and IHS Area provide technical assistance and North 22.90 chs. to AP1 and point of resources in order to address the broad resources for continuing education beginning, containing 1982.17 acres, challenges and opportunities associated more or less. opportunities for Area dental personnel. with IHS preventive and clinical dental • Centers are strongly encouraged to Stephen W. Beyerlein, programs. Support Centers will restore address Early Childhood Caries (ECC). Acting Chief, Branch of Cadastral, Survey/ lost administrative and support Interventions must include an GeoSciences. infrastructure, and meet the perceived evaluation process assessing outcomes [FR Doc. 2010–9695 Filed 4–26–10; 8:45 am] needs of dental programs on a regional in addition to process (that is, an BILLING CODE 4310–FB–P or IHS Area basis. In short, Support assessment of actual prevalence of Centers empower the dental programs disease over the course of the they serve. intervention, in addition to counts or Proposed local programs focused on DEPARTMENT OF HEALTH AND assessments of activities or services and clinical or preventive care alone, with HUMAN SERVICES products provided to clientele). no concomitant focus on a regional or • Centers are strongly encouraged to Indian Health Service Area support-oriented component for monitor the prevalence and severity of the dental program, while well- ECC. Office of Clinical and Preventive intentioned and of potential value, are Services; Division of Oral Health; not responsive to this announcement or II. Award Information Dental Preventive and Clinical Support to the Support Center project. Type of Awards: Grant Centers Program • Centers will assess the needs of the Estimated Funds Available: The total dental programs served. In order to be amount of funding identified for the Announcement Type: New and responsive to the perceived needs of the current fiscal year FY 2010 is Continuing Competitive. dental personnel throughout an Area or approximately $996,000. Competing and Funding Announcement Number: region, perceived needs must be continuation awards issued under this HHS–2010–IHS–TDCP–0001. systematically assessed. Initial and announcement are subject to the Catalog of Federal Domestic Assistance periodic recurring structured needs availability of funds. In the absence of Number: 93.933 assessments or other appraisals of funding, the agency is under no

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obligation to make awards funded under applications over those proposing section IV–3) will adhere to the this announcement. services to a relatively small number of following requirements: Anticipated Number of Awards: dental programs. • Single spaced. Approximately four awards will be • Typewritten. issued under this program IV. Application and Submission • Consecutively numbered pages. announcement. Information • Black type not smaller than 12 Project Period: Five years. Funding 1. Obtaining Application Materials characters per one inch. beyond the initial year is subject to • Submit on one side only of standard The application package and availability of funds. 81⁄2 × 11 inch paper. Award Amount: $249,000 annual, per instructions may be located at • Do not tab, glue, or place in a Center. www.Grants.gov or http://www.ihs.gov/ plastic holder. NonMedicalPrograms/gogp/ • Narrative not to exceed 25 typed _ III. Eligibility Information index.cfm?module=gogp funding. pages. The 25 page narrative does not I. Eligibility 2. Content and Form Application include any standard forms, table of contents, budget, budget justifications, The eligible applicants include: Submission • Urban Indian Organizations, Title V and/or other appended items. Please The applicant must include the note that an outstanding proposal that is Urban Health organizations, 25 U.S.C. project narrative as an attachment to the 1603(h). highly competitive can be outlined in application package. significantly less than 25 pages. Use the • Tribal organizations, 25 U.S.C. Mandatory documents for all pages as needed, but focus on a quality 1603(e). applicants include: submission rather than the quantity of Definitions • Application forms: Æ the submission. SF–424. • Submit one original and two copies ‘‘Tribal organization’’ means the Æ SF–424A. of the proposal elected governing body of any Indian Æ SF–424B. Tribe or any legally established • Budget Narrative (must be single Public Policy Requirements organization of Indians which is spaced). All Federal-wide public policies controlled by one or more such bodies • Project Narrative (must not exceed 25 apply to IHS grants with exception of or by a board of directors elected or pages). selected by one or more such bodies (or • Assurances and Certifications the Discrimination policy. elected by the Indian population to be • 501(c)(3) Certificate (Title V Urban Requirements for Project and Budget served by such organization) and which Indian Health Programs only). Narratives includes the maximum participation of • Biographical sketches for all Key A. Project Narrative: This narrative Indians in all phases of its activities. 25 Personnel. should be a separate Word document U.S.C. 1603(e). • A cover page. ‘‘Urban Indian organization’’ means a • Project Abstract (not to exceed one that is no longer than 25 pages (see page non-profit corporate body situated in an page). limitations for each Part noted below). Detailed content of application urban center governed by an urban • Table of Contents. • Categorical Budget Narrative and submission follows. Indian controlled board of directors, and • providing for the maximum Budget Justification. A cover page labels the submission as • Appended Items. a ‘‘Proposed Dental Preventive and participation of all interested Indian • groups and individuals, which body is Disclosure of Lobbying Activities (SF– Clinical Support Center’’ for one or LLL) (if applicable). more identified IHS Areas or a capable of legally cooperating with • other public and private entities for the Electronic files illustrating a limited defined geographic region. It purpose of performing the activities. 25 selection of work products such as includes contact information for U.S.C. 1603(h). pamphlets or handouts produced at one primary author or contact, and existing Support Centers or through for one alternate contact. 2. Cost Sharing or Matching similar initiatives can be appended. • Project Abstract (not to exceed one The DPCSC Program encourages, but Appended letters of reference or page), providing the synopsis of does not require, matching funds or cost support are not requested, nor ‘‘who, what, when, where, why, and sharing. required. Regardless of submission associated costs.’’ format (electronic or paper), • Table of contents to correspond with 3. Other Requirements appended documents do not count numbered pages of the narrative If the application budget exceeds the toward the 25 page limit. and attachments. Format outlined stated dollar amount that is outlined • Documentation of current OMB A– in the table of contents and used for within this announcement it will not be 133 required Financial Audit, if the proposal is discretionary. considered for funding. applicable. Acceptable forms of However, a format utilizing labels Nonprofit urban (IHS) organizations documentation include: or ‘‘signposts’’ that enables must submit a copy of the 501(c)(3) Æ Face sheets (only) from audit reviewers to easily locate the Certificate as proof of non-profit status. reports. These can be found on the sections of the proposal being This is not a requirement for Tribal FAC Web site: http:// evaluated and scored (that is, organizations. harvester.census.gov/fac/dissem/ perceived challenges/assessment of All individual programs to be served accessoptions.html? program needs/targeted recipients, must be listed in the proposal. There is submit=Retrieve+Records. goals and objectives, methodology/ no requirement that a Center serve a Æ Proof of fiscal audit does not activities, proposed budget, results/ minimum number of field programs. include a full copy of the audit deliverables, evaluation, and However, applicants proposing services report. Please submit the face page, organizational capabilities) is to an entire Area or region will enjoy a as proof. suggested. significant competitive advantage Applicants submitting paper • Content of the application should during the review and scoring of proposals (for proposal format, see relate directly to the overarching

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emphasis of the support center assistance. Such assistance will be 4. Intergovernmental Review project, to provide support and provided objectively and consistently in Executive Order 12372 requiring technical assistance to Area and response to any and all inquiries. intergovernmental review is not field programs for: • Provide information pertinent to applicable to this program. Æ clinical dental programs program planning, program evaluation, Æ community-based preventive 5. Funding Restrictions and the evolving needs of the IHS DOH initiatives • Pre-award costs are/are not Æ clinic-based preventive programs upon request. Æ • allowable pending prior approval from regional and national initiatives Provide information, feedback, and the awarding agency. However, in • Applications proposing services to guidance on appropriate Support accordance with 45 CFR Part 74 and 92, proportionately greater numbers of Center/IHS HQ national collaborative pre-award costs are incurred at the dental programs within an Area or projects. recipient’s risk. The awarding office is region will gain a competitive • Provide feedback concerning under no obligation to reimburse such advantage over proposals outlining reports, progress toward goals and costs if for any reason the applicant services to relatively few dental objectives, and overall performance. does not receive an award or if the programs per Area or region. award to the recipient is less than • The project narrative should address • Provide templates or suggested anticipated. content for reports. the proposed Support Center’s • The available funds are inclusive of commitment to: Æ 3. Submission Dates and Times direct and appropriate indirect costs. Sound program planning and • Only one award will be made to evaluation principles, outlining Applications must be submitted provide services to any individual Area goals and anticipated results linked electronically through Grants.gov by or region. to outcome objectives, process June 2, 2010 at 12 midnight Eastern • IHS will not acknowledge receipt of objectives, milestones or annual Standard Time (EST). Any application applications. objectives, proposed activities, and received after the application deadline an evaluation process. 6. Electronic Submission Requirements may not be accepted for processing, and Æ Sound initial and on-going may be returned to the applicant(s) Use the http://www.Grants.gov Web assessments of perceived needs. site to submit an application Æ Provide assistance and support to without further consideration for funding. electronically and select the ‘‘Apply for local, regional, and national Grants’’ link on the homepage. initiatives in collaboration with the If technical challenges arise and Download a copy of the application IHS HQ DOH. assistance is required with the Æ package, complete it offline, and then Collaborate with other Support electronic application process, contact upload and submit the application via Centers through regional and Grants.gov Customer Support via e-mail the Grants.gov Web site. Electronic national cooperative ventures. to [email protected] or at (800) 518– copies of the application may not be Æ Proactively share work products 4726. Customer Support is available to submitted as attachments to e-mail and lessons learned throughout the address questions 24 hours a day, 7 days messages addressed to IHS employees or IHS dental program. a week (except on Federal holidays). If Æ Reserve sufficient funding in each offices. problems persist, contact Tammy Applicants that receive a waiver to annual budget for at least one Bagley, Division of Grants Policy (DGP) submit paper application documents Support Center representative to ([email protected]) at (301) 443– must follow the rules and timelines that attend an annual national meeting, 5204. Please be sure to contact Ms. are noted below. The applicant must if deemed necessary by the Project Bagley at least ten days prior to the seek assistance at least ten days prior to Officer. Æ Program accountability grounded in application deadline. Please do not the application deadline. Applicants that do not adhere to the objectively assessed and contact the DGP until you have received timelines for Central Contractor Registry documented progress toward stated a Grants.gov tracking number. In the (CCR) and/or Grants.gov registration program goals and objectives. event you are not able to obtain a Æ Evaluate protocol that directly tracking number, call the DGP as soon and/or request timely assistance with addresses on an annual basis all as possible. technical issues will not be considered for a waiver to submit a paper outcome and process objectives. If an applicant needs to submit a application. Technical information regarding the paper application instead of submitting Please be aware of the following: Support Centers project, including electronically via Grants.gov, prior • Please search for the application examples of appropriate support and approval must be requested and package in Grants.gov by entering the assistance, may be obtained from the obtained. The waiver must be CFDA number or the Funding Project Official: documented in writing (e-mails are Opportunity Number. Both numbers are Dr. Patrick Blahut, Division of Oral acceptable), before submitting a paper located in the header of this Health, IHS, 801 Thompson Ave., application. A copy of the written announcement. Suite 300, Rockville, MD 20852, (301) approval must be submitted along with • Paper applications are not the 443–4323, E-mail: the hardcopy that is mailed to the DGO, preferred method for submitting [email protected]. 12300 Twinbrook, Suite 360, Rockville applications. However, if you While clarification of questions and MD 20852. Paper applications that are experience technical challenges while discussion of examples of appropriate submitted without a waiver will be submitting your application support and work products are returned to the applicant without electronically, please contact Grants.gov encouraged, each applicant is reminded review or further consideration. Late Support directly at: www.Grants.gov/ to focus on the specific needs of the applications may not be accepted for CustomerSupport or (800) 518–4726. programs they propose to serve. processing, may be returned to the Customer Support is available to The DOH through its Program Official applicant, and may not be considered address questions 24 hours a day, 7 days will, upon request, provide technical for funding. a week (except on Federal holidays).

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• Upon contacting Grants.gov, obtain charge. Applicants may register online B. Program goals and objectives. (15 a tracking number as proof of contact. at www.ccr.gov. Additional information points) The tracking number is helpful if there regarding the DUNS, CCR, and (1) Describe briefly, in plain English are technical issues that cannot be Grants.gov processes can be found at: rather than measurable objectives, what resolved and waiver from the agency www.Grants.gov. the project intends to accomplish. must be obtained. Applicants may register by calling (2) State long term goals or outcome • If it is determined that a waiver is 1(866) 606–8220. Please review and objectives, and the annual process needed, you must submit a request in complete the CCR Registration objectives or milestones of the project. writing (e-mails are acceptable) to worksheet located at www.ccr.gov. Describe how these objectives will [email protected] with a copy to address the clinical and preventive [email protected]. Please include V. Application Review Information needs of dental programs in the Area or a clear justification for the need to Points will be assigned to each region. Objectives should be specific, deviate from our standard electronic evaluation criteria adding up to a total measurable, potentially attainable or submission process. of 100 points. A minimum score of 65 • If the waiver is approved, the realistic, relevant to perceived needs, points is required for consideration for and time-bound or with clearly application should be sent directly to funding. Scores above 65 do not the DGO by the deadline date of June 2, specified deadlines. guarantee funding. Points are assigned (3) Describe the rationale for choosing 2010. as follows: • Applicants are strongly encouraged your program goals over other possible not to wait until the deadline date to 1. Evaluation Criteria proposed outcomes. Why are your begin the application process through specific goals considered especially A. Introduction and statement of important? Grants.gov as the registration process for perceived problems. Assessment of CCR and Grants.gov could take up to perceived initial and evolving local C. Methodology, activities, work plan. fifteen working days. program needs. Targeted recipients of (14 points) • Please use the optional attachment services. (14 points) feature in Grants.gov to attach (1) Describe the specific activities that additional documentation that may be (1) An assessment of initial dental will lead to attainment of each objective. requested by the DGO. program needs, or a detailed plan for If the connections between long-term • All applicants must comply with such assessment, is required for goals, annual objectives or milestones, any page limitation requirements funding. Complete lack of a documented and activities are not obvious, outline or described in this Funding needs assessment or a detailed plan for explain them. That is, describe how Announcement. such assessment will result in rejection your planned activities will lead to • After you electronically submit of the proposal. attaining annual goals, and how these annual accomplishments will lead to your application, you will receive an (2) Outline a plan to assess evolving attaining long-term goals. automatic acknowledgment from dental program needs over time, (2) Describe how support center Grants.gov that contains a Grants.gov including identification of steering activities will complement existing tracking number. The DGO will committee members or a plan for initiatives, infrastructure, and support download your application from structured, periodic feedback from systems (if any). Grants.gov and provide necessary copies customers, a tentative schedule of (3) Describe the specific community- to the appropriate agency officials. steering committee meetings or based and clinic-based preventive Neither the DGO nor the IHS DOH will conference calls, and how an ongoing initiatives and activities you will stress. notify applicants that the application assessment will be used to produce an Approaches may be innovative, but has been received. evolving program geared to changing must also be scientifically sound and E-mail applications will not be needs. accepted under this announcement. evidence-based. (3) Describe existing Area or regional (4) What data will be obtained, Dun and Bradstreet (D&B) Data problems, challenges, or perceived need analyzed, and maintained? While Universal Numbering System (DUNS) for the support center. collecting data describing activities is Applicants are required to have a (4) Describe the perceived needs of appropriate, achieving both annual and DUNS number to apply for a grant or programs to be served. State how these long-term outcomes with the data to cooperative agreement from the Federal needs are known to you (through a document attainment is essential. Government. The DUNS number is a systematic needs assessment, or through (5) Provide a work plan tied closely to unique nine-digit identification number an informal appraisal to be augmented goals and objectives that is project provided by D&B, which uniquely with a more systematic assessment in specific, sound, effective and realistic. identifies your entity. The DUNS the near future, or through other D. Proposed budget. (14 points) number is site specific; therefore each described channels). distinct performance site may be (5) Discuss the proposed coverage or (1) Provide a detailed categorical assigned a DUNS number. Obtaining a recipients of services in your region or budget for the initial year of the project. DUNS number is easy and there is no Area. List by name the individual (2) Justify the proposed budget: for charge. To obtain a DUNS number, you programs or Service Units to be served. any line item not obviously linked to may access it through the following Web If some facilities in the region or Area your work plan, explain why the line site http://fedgov.dnb.com/webform or will not be served, identify them and item is necessary and relevant to to expedite the process call (866) 705– provide the criteria or reason for attaining goals and objectives of the 5711. exclusion (there is no requirement that project. Applicants must also be registered all dental programs will be served). It is (3) If indirect costs are claimed, with the CCR and a DUNS number is assumed, unless stated otherwise, that either: (1) state the negotiated rate and required before an applicant can facilities to be served will each be include a copy of the current rate complete their CCR registration. offered equivalent services, and receive agreement, or (2) explain how the Registration with the CCR is free of differing services based solely on need. amount requested was calculated.

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(4) Provide, in summary form, center leverages existing infrastructure will be informed via e-mail of their proposed budgets for years two through to maximize resources available for application’s deficiencies. A summary five. Detail required in the budget for direct program support. statement outlining the strengths and the initial year is not necessary for (3) Describe any plans for weaknesses of the application will be subsequent years. sustainability, leveraging of resources, provided to the applicant. The summary and collaborative efforts. statement will be sent to the Authorized E. Anticipated results, deliverables. (15 (4) List any additional resources Organizational Representative (AOR) points) available to the proposed center, such as that is identified on the face page of the (1) Describe anticipated annual matching funds, or collaborative application. outcomes for initial and subsequent agreements. Matching funds and years. collaborative agreements are not VI. Award Administration Information (2) Describe overall anticipated five- required. 1. Award Notices year outcomes. (5) Describe in detail any cost sharing (3) Describe how the annual results or ‘‘in kind contributions.’’ Cost sharing The Notice of Award (NoA) will be relate to improved oral health and or ‘‘in kind contributions’’ are not initiated by DGO and will be mailed via progress toward overall project goals required. postal mail to each entity that is and objectives. (6) If personnel have been identified approved for funding under this (4) Describe in detail anticipated work and are committed to the initiative, announcement. The NoA will be signed products or deliverables. Include describe the qualifications and relevant by the Grants Management Officer; this estimated deadlines for all products or experience of key personnel. is the authorizing document for which deliverables. It is recognized that (7) Demonstrate the organization has funds are dispersed to the approved evolving needs may result in revised systems and expertise to manage entities. The NoA will serve as the deliverables. Federal funds. How will the project official notification of the grant award (5) Proactive dissemination of operate both financially and and will reflect the amount of Federal information and deliverables is administratively? funds awarded for the purpose of the considered an integral, collaborative (8) List the qualifications and grant, the terms and conditions of the function of all support centers. Describe experience of any consultants or award, the effective date of the award, plans or mechanisms to proactively contractors. and the budget/project period. The NoA share deliverables, work products, (9) Append a scope of work or job is the legally binding document and is results, and ‘‘lessons learned’’ with other description for key center positions. signed by an authorized grants official support centers, IHS Areas, and other Descriptions will list duties and include within the Indian Health Service. appropriate groups. desired qualifications and experience. 2. Administrative Requirements (10) Append resumes of key F. Evaluation. (14 points) personnel, including consultants or Grants are administered in accordance (1) Describe how the project will be contractors. Position descriptions with with the following regulations, policies, evaluated. Describe how you will detailed qualifications of those to be and OMB cost principles: determine if the project is meeting recruited will suffice if personnel have A. The criteria as outlined in this identified needs and achieving stated not yet been identified. Program Announcement. objectives. (11) Describe the experience of your B. Administrative Regulations for (2) Specify what will be measured, program or personnel in providing Grants: when the assessments will take place, similar services in the past. No de facto • 45 CFR, Part 92, Uniform and how the collected data will be preference will be given to existing Administrative Requirements for Grants analyzed and reported. support centers. New applicants are and Cooperative Agreements to State, (3) Include a brief evaluation protocol evaluated on a ‘‘level playing field’’ with Local and Tribal Governments. for every program goal and annual existing support centers applying for a • 45 CFR, Part 74, Uniform objective that enables the reader to new cycle of competitive funding. Administrative Requirements for Grants understand how progress will be Achievements of current support and Agreements with Institutions of assessed. centers are not a substitute for a well- Higher Education, Hospitals, and other (4) Identify who will conduct the formulated plan, but are considered Non-profit Organizations. various assessments and overall evidence of past performance as C. Grants Policy: evaluation. predictive of potential future • HHS Grants Policy Statement, (5) What will be done with evaluation performance. Revised 01/07. results? With whom will the results be D. Cost Principles: 2. Review and Selection shared? How will evaluative data be • Title 2: Grant and Agreements, Part utilized to result in a more effective Each application will be prescreened 225—Cost Principles for State, Local, program? by the DGO staff for eligibility and and Indian Tribal Governments (OMB (6) Describe plans, if any, for periodic completeness as outlined in the funding A–87). ‘‘outside’’ or objective program reviews. announcement. Incomplete applications • Title 2: Grant and Agreements, Part and applications that are non- 230—Cost Principles for Non-Profit G. Organization capabilities, personnel responsive to the eligibility criteria will Organizations (OMB Circular A–122). qualifications, resources. (14 points) not be referred to the Objective Review E. Audit Requirements: (1) Describe where the project will be Committee. Applicants will be notified • OMB Circular A–133, Audits of housed. Describe available resources by the DGO, via letter, of the missing States, Local Governments, and Non- such as office furnishings, computers, components of the application. profit Organizations. and equipment. To obtain a minimum score for (2) State the total annual overhead, funding, applicants must address all 3. Indirect Costs administrative and indirect costs. program requirements and provide all This section applies to all grant Describe the services and resources required documentation. Applicants recipients that request reimbursement of these payments will provide. An ideal that receive less than a minimum score indirect costs in their grant application.

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In accordance with HHS Grants Policy (SF–269) are due 90 days after each DEPARTMENT OF HEALTH AND Statement, Part II–27, IHS requires budget period and the final SF–269 HUMAN SERVICES applicants to obtain a current indirect must be verified from the grantee cost rate agreement prior to award. The records on how the value was derived. Centers for Disease Control and Prevention rate agreement must be prepared in Failure to submit required reports accordance with the applicable cost within the time allowed may result in principles and guidance as provided by Health Resources and Services suspension or termination of an active the cognizant agency or office. A current Administration (HRSA); CDC/HRSA rate covers the applicable grant grant, withholding of additional awards Advisory Committee on HIV and STD activities under the current award’s for the project, or other enforcement Prevention and Treatment budget period. If the current rate is not actions such as withholding of (CHACHSPT) payments or converting to the on file with the DGO at the time of In accordance with section l0(a)(2) of reimbursement method of payment. award, the indirect cost portion of the the Federal Advisory Committee Act budget will be restricted. The Continued failure to submit required (Pub. L. 92–463), CDC and HRSA restrictions remain in place until the reports may result in one or both of the announce the following meeting of the current rate is provided to the DGO. following: (1) The imposition of special aforementioned committee: Generally, indirect costs rates for IHS award provisions; and (2) the non- Times and Dates: grantees are negotiated with the funding or non-award of other eligible 8 a.m.–5:30 p.m., May 11, 2010. Division of Cost Allocation (DCA) projects or activities. This requirement 8 a.m.–3 p.m., May 12, 2010. http://rates.psc.gov/ and the Department applies whether the delinquency is Place: JW Marriott Buckhead, 3300 Lenox of Interior (National Business Center) attributable to the failure of the grantee Road, Atlanta, Georgia 30326, Telephone: http://www.aqd.nbc.gov/indirect/ organization or the individual (404) 262–3344. indirect.asp. If your organization has responsible for preparation of the Status: Open to the public, limited only by the space available. The meeting room will questions regarding the indirect cost reports. policy, please call (301) 443–5204 to accommodate approximately 100 people. Purpose: This Committee is charged with request assistance. Telecommunication for the hearing impaired is available at: TTY (301) 443– advising the Director, CDC, and the 4. Reporting Requirements 6394. Administrator, HRSA, regarding activities related to the prevention and control of HIV/ The reporting requirements for this VII. Agency Contacts AIDS and other STDs, the support of program are noted below. healthcare services to persons living with HIV/AIDS, and the education of health A. Progress Reports Grants (Business), John Hoffman, Grants Management Officer, 801 Thompson, professionals and the public about HIV/AIDS Program progress reports are required and other STDs. TMP, Suite 360, Rockville, MD 20852, Matters To Be Discussed: Agenda items semi-annually. These reports will (301) 443–2116 or include a brief comparison of actual include issues pertaining to: (1) The impact [email protected]. of the economic recession on State and local accomplishments to the goals Program (Programmatic/Technical), prevention, care, and treatment programs; (2) established for the period, or, if recent developments and new opportunities applicable, provide sound justification Patrick Blahut, D.D.S., M.P.H., Deputy regarding enhancing viral hepatitis for the lack of progress, and other Director, Division of Oral Health, 801 prevention in the United States; (3) a pertinent information as required. A Thompson Ave. Suite 332, Rockville, discussion of the successes and remaining final report of progress toward MD 20852, (301) 443–4323, challenges in expedited partner therapy objectives must be submitted within 90 [email protected]. implementation; (4) an update from the days of expiration of the budget/project CHACHSPT Workgroup on HIV Care, The Public Health Service strongly Treatment, and Prevention in the New period. encourages all grant and contract Millennia; and (5) the establishment of a B. Financial Reports recipients to provide a smoke-free Scientific Program Review Workgroup that will focus on the strategic realignment of Annual Financial Status Reports workplace and promote the non-use of funding to support priorities in sexual health (FSR) reports must be submitted within all tobacco products. In addition, Public and STD disparities among racial and ethnic 30 days after the budget period ends. Law 103–227, the Pro-Children Act of minorities. Agenda items are subject to Final FSRs are due within 90 days of 1994, prohibits smoking in certain change as priorities dictate. expiration of the project period. facilities (or in some cases, any portion Contact Person for More Information: Standard Form 269 (long form for those of the facility) in which regular or Margie Scott-Cseh, CDC, National Center for HIV/AIDS, Viral Hepatitis, STD, and TB reporting on program income; short routine education, library, day care, Prevention, 1600 Clifton Road, NE., Mailstop form for all others) will be used for health care or early childhood E–07, Atlanta, Georgia 30333, Telephone financial reporting. development services are provided to (404) 639–8317. Federal Cash Transaction Reports are children. This is consistent with the The Director, Management Analysis and due every calendar quarter to the HHS mission to protect and advance the Services Office, has been delegated the Division of Payment Management, physical and mental health of the authority to sign Federal Register Notices pertaining to announcements of meetings and Payment Management Branch. Failure American people. to submit timely reports may cause a other committee management activities, for disruption in timely payments to your Dated: April 19, 2010. both the CDC and the Agency for Toxic Substances and Disease Registry. organization. Yvette Roubideaux, Grantees are responsible and Director, Indian Health Service. Dated: April 21, 2010. Elaine L. Baker, accountable for accurate reporting of the [FR Doc. 2010–9701 Filed 4–26–10; 8:45 am] Progress Reports and Financial Status Director, Management Analysis and Services BILLING CODE 4165–16–P Reports which are generally due Office, Centers for Disease Control and annually (although specific to this Prevention (CDC). announcement, Progress Reports are due [FR Doc. 2010–9694 Filed 4–26–10; 8:45 am] semi-annually). Financial Status Reports BILLING CODE 4163–18–P

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DEPARTMENT OF HEALTH AND than 2 business days before the meeting. Dated: April 21, 2010. HUMAN SERVICES If FDA is unable to post the background Jill Hartzler Warner, material on its Web site prior to the Acting Associate Commissioner for Special Food and Drug Administration meeting, the background material will Medical Programs. [Docket No. FDA–2010–N–0001] be made publicly available at the [FR Doc. 2010–9660 Filed 4–26–10; 8:45 am] location of the advisory committee BILLING CODE 4160–01–S Advisory Committee for Reproductive meeting, and the background material Health Drugs; Notice of Meeting will be posted on FDA’s Web site after the meeting. Background material is DEPARTMENT OF HEALTH AND AGENCY: Food and Drug Administration, HUMAN SERVICES HHS. available at http://www.fda.gov/ AdvisoryCommittees/Calendar/ ACTION: Notice. Food and Drug Administration default.htm. Scroll down to the This notice announces a forthcoming appropriate advisory committee link. [Docket No. FDA–2010–N–0001] meeting of a public advisory committee Procedure: Interested persons may Advisory Committee for Reproductive of the Food and Drug Administration present data, information, or views, Health Drugs; Notice of Meeting (FDA). The meeting will be open to the orally or in writing, on issues pending public. before the committee. Written AGENCY: Food and Drug Administration, Name of Committee: Advisory submissions may be made to the contact HHS. Committee for Reproductive Health person on or before June 2, 2010. Oral ACTION: Notice. Drugs. presentations from the public will be General Function of the Committee: scheduled between approximately 1 This notice announces a forthcoming To provide advice and meeting of a public advisory committee p.m. and 2 p.m. Those desiring to make recommendations to the agency on of the Food and Drug Administration formal oral presentations should notify FDA’s regulatory issues. (FDA). The meeting will be open to the the contact person and submit a brief Date and Time: The meeting will be public. held on June 17, 2010, from 8 a.m. to statement of the general nature of the Name of Committee: Advisory 4:30 p.m. evidence or arguments they wish to Committee for Reproductive Health Location: Hilton Washington DC present, the names and addresses of Drugs. North/Gaithersburg, The Ballrooms, 620 proposed participants, and an General Function of the Committee: Perry Pkwy., Gaithersburg, MD. The indication of the approximate time To provide advice and hotel telephone number is 301–977– requested to make their presentation on recommendations to the agency on 8900. or before May 24, 2010. Time allotted FDA’s regulatory issues. Contact Person: Kalyani Bhatt, Center for each presentation may be limited. If Date and Time: The meeting will be for Drug Evaluation and Research (HFD– the number of registrants requesting to held on June 18, 2010, from 8 a.m. to 21), Food and Drug Administration, speak is greater than can be reasonably 4:30 p.m. 5600 Fishers Lane (for express delivery, accommodated during the scheduled Location: Hilton Washington DC 5630 Fishers Lane, rm. 1093), Rockville, open public hearing session, FDA may North/Gaithersburg, The Ballrooms, 620 MD 20857, 301–827–7001, FAX: 301– conduct a lottery to determine the Perry Pkwy., Gaithersburg, MD. The 827–6776, e-mail: speakers for the scheduled open public hotel telephone number is 301–977– [email protected], or FDA hearing session. The contact person will 8900. Advisory Committee Information Line, notify interested persons regarding their Contact Person: Kalyani Bhatt, Center 1–800–741–8138 (301–443–0572 in request to speak by May 25, 2010. for Drug Evaluation and Research (HFD– Washington, DC area), code 21), Food and Drug Administration, Persons attending FDA’s advisory 3014512537. Please call the Information 5600 Fishers Lane (for express delivery, Line for up-to-date information on this committee meetings are advised that the 5630 Fishers Lane, rm. 1093), Rockville, meeting. A notice in the Federal agency is not responsible for providing MD 20857, 301–827–7001, FAX: 301– Register about last minute modifications access to electrical outlets. 827–6776, e-mail: that impact a previously announced FDA welcomes the attendance of the [email protected], or FDA advisory committee meeting cannot public at its advisory committee Advisory Committee Information Line, always be published quickly enough to meetings and will make every effort to 1–800–741–8138 (301–443–0572 in provide timely notice. Therefore, you accommodate persons with physical Washington, DC area), code should always check the agency’s Web disabilities or special needs. If you 3014512537). Please call the site and call the appropriate advisory require special accommodations due to Information Line for up-to-date committee hotline/phone line to learn a disability, please contact Kalyani information on this meeting. A notice in about possible modifications before Bhatt at least 7 days in advance of the the Federal Register about last minute coming to the meeting. meeting. modifications that impact a previously Agenda: On June 17, 2010, the announced advisory committee meeting FDA is committed to the orderly committee will discuss new drug cannot always be published quickly conduct of its advisory committee application (NDA) 22–474, ulipristal enough to provide timely notice. meetings. Please visit our Web site at acetate tablets, 30 milligrams (mg), by Therefore, you should always check the http://www.fda.gov/Advisory Laboratoire HRA Pharma. Ulipristal is agency’s Web site and call the Committees/AboutAdvisoryCommittees/ an emergency contraceptive for the appropriate advisory committee hotline/ proposed indication of the prevention of ucm111462.htm for procedures on phone line to learn about possible pregnancy following unprotected public conduct during advisory modifications before coming to the intercourse or a known or suspected committee meetings. meeting. contraceptive failure. Notice of this meeting is given under Agenda: On June 18, 2010, the FDA intends to make background the Federal Advisory Committee Act (5 committee will discuss new drug material available to the public no later U.S.C. app. 2). application (NDA) 22–526, flibanserin

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100 milligram (mg) tablets, by Notice of this meeting is given under Date/Time/Type: Tuesday, May 11, 2010, Boehringer Ingelheim Pharmaceuticals, the Federal Advisory Committee Act (5 from 9 a.m. to 6 p.m.: OPEN. Wednesday, Inc., for the proposed indication of the U.S.C. app. 2). May 12, 2010, from 9 a.m. to 3 p.m.: OPEN. Place: Substance Abuse and Mental Health treatment of hypoactive sexual desire Dated: April 12, 2010. disorder in premenopausal women. Services Administration, 1 Choke Cherry Rd., Jill Hartzler Warner, Sugarloaf and Seneca Conference Rooms, FDA intends to make background Rockville, Maryland 20857. material available to the public no later Acting Associate Commissioner for Special Medical Programs. Contact: Toian Vaughn, M.S.W., than 2 business days before the meeting. [FR Doc. 2010–9661 Filed 4–26–10; 8:45 am] Designated Federal Official, SAMHSA If FDA is unable to post the background National Advisory Council and SAMHSA material on its Web site prior to the BILLING CODE 4160–01–S Committee Management Officer, 1 Choke meeting, the background material will Cherry Road, Room 8–1089, Rockville, be made publicly available at the Maryland 20857, Telephone: (240) 276–2307; DEPARTMENT OF HEALTH AND FAX: (240) 276–2220 and E-mail: location of the advisory committee HUMAN SERVICES meeting, and the background material [email protected]. will be posted on FDA’s Web site after Substance Abuse and Mental Health Toian Vaughn, the meeting. Background material is Services Administration Committee Management Officer, Substance available at http://www.fda.gov/ Abuse and Mental Health Services AdvisoryCommittees/Calendar/ Notice of Meeting Administration. default.htm. Scroll down to the Pursuant to Public Law 92–463, [FR Doc. 2010–9715 Filed 4–26–10; 8:45 am] appropriate advisory committee link. BILLING CODE 4162–20–P Procedure: Interested persons may notice is hereby given that the present data, information, or views, Substance Abuse and Mental Health orally or in writing, on issues pending Services Administration (SAMHSA) National Advisory Council will meet on DEPARTMENT OF HEALTH AND before the committee. Written HUMAN SERVICES submissions may be made to the contact May 11–12 at SAMHSA, Rockville, person on or before June 3, 2010. Oral Maryland. The meeting is open to the Food and Drug Administration presentations from the public will be public. scheduled between approximately 1 The SAMHSA National Advisory [Docket No. FDA–2010–N–0001] p.m. and 2 p.m. Those desiring to make Council was established to advise the Secretary, Department of Health and Tobacco Product Constituents formal oral presentations should notify Subcommittee of the Tobacco the contact person and submit a brief Human Services (HHS), and the Administrator, SAMHSA, to reduce the Products Scientific Advisory statement of the general nature of the Committee; Notice of Meeting evidence or arguments they wish to impact of substance abuse and mental present, the names and addresses of illnesses in American communities. The AGENCY: Food and Drug Administration, proposed participants, and an Agenda will include a report from the HHS. new SAMHSA Administrator and indication of the approximate time ACTION: Notice. requested to make their presentation on presentations and discussions related to or before May 25, 2010. Time allotted SAMHSA’s 10 strategic initiatives that This notice announces a forthcoming for each presentation may be limited. If will focus the Agency’s work on meeting of a public advisory committee the number of registrants requesting to improving lives and capitalizing on of the Food and Drug Administration speak is greater than can be reasonably emerging opportunities that advance (FDA). The meeting will be open to the accommodated during the scheduled and protect the Nation’s health. public. open public hearing session, FDA may Attendance by the public will be Name of Committee: Tobacco Product conduct a lottery to determine the limited to space available. Public Constituents Subcommittee of the speakers for the scheduled open public comments are welcome. The meeting Tobacco Products Scientific Advisory hearing session. The contact person will can also be accessed via webstream. To Committee. notify interested persons regarding their obtain the call-in numbers and access General Function of the Committee: request to speak by May 26, 2010. codes, to submit written or brief oral To provide advice and Persons attending FDA’s advisory comments, or to request special recommendations to the agency on committee meetings are advised that the accommodations for persons with FDA’s regulatory issues. agency is not responsible for providing disabilities, please register on-line at Date and Time: The meeting will be access to electrical outlets. https://nac.samhsa.gov/Registration/ held on June 8, 2010, from 8:30 a.m. to FDA welcomes the attendance of the meetingsRegistration.aspx. You may 5 p.m. and on June 9, 2010, from 8 a.m. public at its advisory committee also communicate with the SAMHSA to 5 p.m. meetings and will make every effort to National Advisory Council Designated Location: Holiday Inn, The Ballrooms, accommodate persons with physical Federal Officer, Ms. Toian Vaughn (see 2 Montgomery Village Ave., disabilities or special needs. If you contact information below). Gaithersburg, MD 20879. The hotel require special accommodations due to Substantive program information and phone number is 301–948–8900. a disability, please contact Kalyani a roster of Council members may be Contact Person: Karen Templeton- Bhatt at least 7 days in advance of the obtained either by accessing the Somers, Office of Science, Center for meeting. SAMHSA Committee Web site, https:// Tobacco Products, Food and Drug FDA is committed to the orderly nac.samhsa.gov/NACcouncil/ Administration, 9200 Corporate Blvd., conduct of its advisory committee index.aspx or by contacting Ms. Rockville, MD 20850, 1–877–287–1373 meetings. Please visit our Web site at Vaughn. The transcript for the meeting (choose Option 4), e-mail: http://www.fda.gov/Advisory will be available on the SAMHSA [email protected] or FDA Advisory Committees/AboutAdvisoryCommittees/ Committee Web site within three weeks Committee Information Line, 1–800– ucm111462.htm for procedures on after the meeting. 741–8138 (301–443–0572 in the public conduct during advisory Committee Name: SAMHSA National Washington, DC area), code committee meetings. Advisory Council. 8732110002. Please call the Information

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Line for up-to-date information on this open public hearing session, FDA may requests that the following questions be meeting. A notice in the Federal conduct a lottery to determine the taken into consideration: Register about last minute modifications speakers for the scheduled open public 1. Does this document clearly outline that impact a previously announced hearing session. The contact person will the systemic health hazards associated advisory committee meeting cannot notify interested persons regarding their with exposures of the skin to the always be published quickly enough to request to speak by May 21, 2010. chemical? If not, what specific provide timely notice. Therefore, you Persons attending FDA’s advisory information is missing from the should always check the agency’s Web committee meetings are advised that the document? site and call the appropriate advisory agency is not responsible for providing 2. If the SYS or SYS (FATAL) committee hot line/phone line to learn access to electrical outlets. notations are assigned, is the rationale about possible modifications before FDA welcomes the attendance of the and logic behind the assignment clear? coming to the meeting. public at its advisory committee If not assigned, is the logic clear why it Agenda: On June 8 and 9, 2010, the meetings and will make every effort to was not (e.g., insufficient data, no subcommittee will receive presentations accommodate persons with physical identified health hazard)? and discuss the development of a list of disabilities or special needs. If you 3. Does this document clearly outline harmful or potentially harmful require special accommodations due to the direct (localized) health hazards constituents, including smoke a disability, please contact Karen associated with exposures of the skin to constituents, in tobacco products. Templeton-Somers at least 7 days in the chemical? If not, what specific Topics for discussion will include the advance of the meeting. information is missing from the criteria for selection of the constituents, FDA is committed to the orderly document? developing a proposed list of harmful or conduct of its advisory committee 4. If the DIR, DIR (IRR), or DIR (COR) potentially harmful constituents, the meetings. Please visit our Web site at notations are assigned, is the rationale rationale for including each constituent, http://www.fda.gov/ and logic behind the assignment clear? and the acceptable analytical methods AdvisoryCommittees/AboutAdvisory If not assigned, is the logic clear why it for assessing the quantity of each Committees/ucm111462.htm for was not (e.g., insufficient data, no constituent. A second meeting of this procedures on public conduct during identified health hazard)? subcommittee, to continue these advisory committee meetings. 5. Does this document clearly outline discussions as necessary and to include Notice of this meeting is given under the immune-mediated responses ancillary and normalization standards the Federal Advisory Committee Act (5 (allergic response) health hazards for the constituents, will be scheduled U.S.C. app. 2). associated with exposures of the skin to for the summer of 2010. Dated: April 21, 2010. the chemical? If not, what specific FDA intends to make background Jill Hartzler Warner, information is missing from the material available to the public no later Acting Associate Commissioner for Special document? than 2 business days before the meeting. Medical Programs. 6. If the SEN notation is assigned, is If FDA is unable to post the background [FR Doc. 2010–9662 Filed 4–26–10; 8:45 am] the rationale and logic behind the material on its Web site prior to the assignment clear? If not assigned, is the meeting, the background material will BILLING CODE 4160–01–S logic clear why it was not (e.g., be made publicly available at the insufficient data, no identified health location of the advisory committee DEPARTMENT OF HEALTH AND hazard)? meeting, and the background material HUMAN SERVICES 7. If the ID(SK) or SK were assigned, will be posted on FDA’s Web site after is the rationale and logic outlined the meeting. Background material is Centers for Disease Control and within the document? available at http://www.fda.gov/ Prevention AdvisoryCommittees/Calendar/ 8. Are the conclusions supported by default.htm. Scroll down to the [Docket Number NIOSH–153–A] the data? appropriate advisory committee link. 9. Are the tables clear and Procedure: Interested persons may Request for the Technical Review of 22 appropriate? present data, information, or views, Draft Skin Notation Assignments and 10. Is the document organized orally or in writing, on issues pending Skin Notation Profiles appropriately? If not, what improvements are needed? before the committee. Written AGENCY: National Institute for 11. Is the language of the manuscript submissions may be made to the contact Occupational Safety and Health acceptable as written? If not, what person on or before May 28, 2010. Oral (NIOSH) of the Centers for Disease improvements are needed? presentations from the public will be Control and Prevention (CDC), 12. Are you aware of any scientific scheduled between approximately 2:45 Department of Health and Human data reported in governmental p.m. and 3:45 p.m. on June 8, 2010. Services (HHS). publications, databases, peer-reviewed Those desiring to make formal oral ACTION: Notice of public comment journals, or other sources that should be presentations should notify the contact period. person and submit a brief statement of included within this document? the general nature of the evidence or SUMMARY: The National Institute for 13. What is your final arguments they wish to present, the Occupational Safety and Health recommendation for this manuscript? names and addresses of proposed (NIOSH) of the Centers for Disease Public Comment Period: Comments participants, and an indication of the Control and Prevention (CDC) is must be received by June 11, 2010. approximate time requested to make conducting a public review of the draft ADDRESSES: You may submit comments, their presentation on or before May 20, skin notations and support technical identified by docket number NIOSH– 2010. Time allotted for each documents entitled ‘‘Skin Notations 153–A, by any of the following methods: presentation may be limited. If the Profiles, for 22 chemicals.’’ NIOSH is • Mail: NIOSH Docket Office, Robert number of registrants requesting to requesting technical reviews of the draft A. Taft Laboratories, MS–C34, 4676 speak is greater than can be reasonably Skin Notation Profiles. To facilitate the Columbia Parkway, Cincinnati, OH accommodated during the scheduled review of these documents, NIOSH 45226.

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• Facsimile: (513) 533–8285. This strategy involves the assignment SK: SYS–DIR (COR). When scientific • E-mail: [email protected]. All of multiple skin notations for data for a chemical indicate that skin information received in response to this distinguishing systemic (SYS), direct exposure does not produce systemic, notice will be available for public (DIR), and sensitizing (SEN) effects direct, or sensitizing effects, the examination and copying at the NIOSH caused by exposure of skin (SK) to compound will be assigned the notation Docket Office, 4676 Columbia Parkway, chemicals. Chemicals that are highly or (SK). The ID(SK) notation is assigned to Cincinnati, Ohio 45226. A complete extremely toxic and may be potentially indicate that insufficient data on the electronic docket containing all lethal or life-threatening following health hazards associated with skin comments submitted will be available exposures of the skin are designated exposure to a substance exist at the time on the NIOSH Web page at http:// with the systemic subnotation (FATAL). of the review to determine whether the www.cdc.gov/niosh/docket, and Potential irritants and corrosive chemical has the potential to act as a comments will be available in writing chemicals are indicated by the direct systemic, direct, or sensitizing agent. by request. NIOSH includes all effects subnotations (IRR) and (COR), The ND notation indicates that a comments received without change in respectively. Thus with the new chemical has not been evaluated by the the docket, including any personal strategy, chemicals labeled as SK: SYS strategy outlined in this CIB and that the information provided. are recognized to contribute to systemic health hazards associated with skin FOR FURTHER INFORMATION CONTACT: G. toxicity through dermal absorption. exposure are unknown. Chemicals assigned the notation SK: Scott Dotson, NIOSH, Robert A Taft Historically, skin notations have been Laboratories, MS–C32, 4676 Columbia SYS (FATAL) have been identified as published in the NIOSH Pocket Guide to Parkway, Cincinnati, OH 45226, highly or extremely toxic and have the Chemical Hazards [NIOSH 2005–149]. telephone (513)533–8540. potential to be lethal or life-threatening This practice will continue with the SUPPLEMENTARY INFORMATION: In 2009, following acute contact with the skin. Substances identified to cause direct NIOSH skin notation assignments for NIOSH published Current Intelligence each evaluated chemical being Bulletin (CIB) 61: A Strategy for effects (i.e., damage or destruction) to the skin limited to or near the point of integrated as they become available. A Assigning New NIOSH Skin Notations support document called a Skin [NIOSH 2009–147; available at http:// contact are labeled SK: DIR, and those resulting in skin irritation and corrosion Notation Profile has been developed for www.cdc.gov/niosh/docs/2009–147/ each evaluated chemical. The Skin pdfs/2009–147.pdf]. The CIB presents a at the point of contact are labeled as SK: DIR (IRR) and SK: DIR (COR), Notation Profile for a chemical is strategic framework that is a form of intended to provide information hazard identification that has been respectively. The SK: SEN notation is used for substances identified as supplemental to the skin notation, designed to do the following: including a summary of all relevant data 1. Ensure that the assigned skin causing or contributing to allergic contact dermatitis (ACD) or other used to aid in determining the hazards notations reflect the contemporary state associated with skin exposures. of scientific knowledge. immune-mediated responses, such as 2. Provide transparency behind the airway hyper reactivity (asthma). NIOSH seeks comments on the draft assignment process. Candidate chemicals may be assigned skin notation assignments and Skin 3. Communicate the hazards of more than one skin notation when they Notation Profiles for 22 chemicals. The chemical exposures of the skin. are identified to cause multiple effects draft Skin Notation Profiles were 4. Meet the needs of health resulting from skin exposure. For developed to provide the scientific professionals, employers, and other example, if a chemical is identified as rationale behind the hazard-specific interested parties in protecting workers corrosive and also contributes to skin notation (SK) assignments for the from chemical contact with the skin. systemic toxicity, it will be labeled as following chemicals:

Document # Substance(s)

A–01 ...... 1,3-Dichloropropene (CAS# 542–75–6). A–02 ...... Phenol (CAS# 108–95–2). A–03 ...... Hydrogen fluoride/hydrofluoric acid (CAS# 7664–39–3). A–04 ...... Dinitrotoluene, (CAS# 25321–14–6); 2,4–. Dinitrotoluene (CAS# 121–14–2); 2,6–. Dinitrotoluene (CAS# 606–20–2). A–05 ...... Acrylamide (CAS# 79–06–1). A–06 ...... Acrylonitrile (CAS# 107–13–1). A–07 ...... Metallic Chromium and other Substances containing Hexavalent Chromium [Cr(VI)] CAS# 7440–47–3; 18540–29–9). A–08 ...... m,p,o-Dinitrobenzene (CAS# 99–65–0; CAS# 528–29–0; CAS# 100–25–4). A–09 ...... Epichlorohydrin (CAS# 106–89–8). A–10 ...... Ethylene glycol dinitrate (CAS# 628–96–6). A–11 ...... Bisphenol A (CAS# 80–05–7). A–12 ...... Formaldehyde (CAS# 50–00–0). A–13 ...... Hydrazine (CAS# 302–01–2). A–14 ...... Nitroglycerin (CAS# 55–63–0). A–15 ...... Nonane (CAS# 111–84–2). A–16 ...... Glutaraldehyde (CAS# 111–30–8). A–17 ...... Sodium hydroxide (CAS# 1310–73–2). A–18 ...... Trichloroethylene (CAS# 79–01–6). A–19 ...... Methyl cellosolve (CAS# 109–86–4). A–20 ...... 2-Butoxyethanol (CAS# 111–76–2). A–21 ...... 2-Ethoxyethanol (CAS# 110–80–5). A–22 ...... p-Phenylenediamine (CAS # 106–50–3).

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Each Skin Notation Profile provides a the Docket Management Facility (M–30), provided the following conditions are detailed summary of the health hazards U.S. Department of Transportation, met: A secondary whistle must be of skin contact and rationale for the West Building Ground Floor, Room installed that meets the requirements of proposed SK assignment with the W12–140, 1200 New Jersey Avenue, SE., Rule 34 (g) and be used when operating chemical(s)-of-interest. Washington, DC 20590, between 9 a.m. in restricted visibility as per Rule 35 or Dated: April 19, 2010. and 5 p.m., Monday through Friday, to reduce the risk of collision as per John Howard, except Federal holidays. You may also Rule 34 (d). Director, National Institute for Occupational find this docket on the Internet by going This notice is issued under authority Safety and Health, Centers for Disease Control to http://www.regulations.gov, inserting of 33 U.S.C. 1605(c), and 33 CFR 81.18. and Prevention. USCG–2010–0281 in the ‘‘Keyword’’ Dated: April 2, 2010. [FR Doc. 2010–9693 Filed 4–26–10; 8:45 am] box, and then clicking ‘‘Search.’’ L.W. Thomas, BILLING CODE 4163–19–P FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call Captain, U.S. Coast Guard, Chief, Inspections LCDR Wm. Erik Pickering, District Nine, and Investigations Branch, By Direction of DEPARTMENT OF HEALTH AND Prevention Branch, U.S. Coast Guard, the Commander, Ninth Coast Guard District. HUMAN SERVICES telephone 216–902–6050. If you have [FR Doc. 2010–9682 Filed 4–26–10; 8:45 am] questions on viewing or submitting BILLING CODE 9110–04–P Substance Abuse and Mental Health material to the docket, call Renee V. Services Administration Wright, Program Manager, Docket Operations, telephone 202–366–9826. DEPARTMENT OF HOMELAND Current List of Laboratories Which SECURITY Meet Minimum Standards To Engage in SUPPLEMENTARY INFORMATION: Urine Drug Testing for Federal Background and Purpose Federal Emergency Management Agencies Agency A Certificate of Alternative Correction Compliance, as allowed under Title 33 of the Code of Federal Regulations, Parts [Internal Agency Docket No. FEMA–3311– In notice document 2010–7170 EM; Docket ID FEMA–2010–0002] beginning on page 16813 in the issue of 81 and 89, has been issued for the ferry Friday, April 2, 2010, make the boat CHARLEVOIX. Full compliance Rhode Island; Amendment No. 2 to following correction: with 72 COLREGS and the Inland Rules Notice of an Emergency Declaration On page 16814, in the first column, in Act would hinder the vessel’s ability to operate as designed. Because of the the list following the second full AGENCY: Federal Emergency paragraph, the listings for ACM Medical design of the ferry boat CHARLEVOIX, Management Agency, DHS. Laboratory, Inc. and Advanced operation of its whistle at the level Toxicology Network were combined. required in Rule 34 (g) of 72 COLREGS ACTION: Notice. The listings should be separated and and the Inland Rules Act (33 USC 2001 read as follows: et. seq.) would subject passengers and SUMMARY: This notice amends the notice ACM Medical Laboratory, Inc.,160 crew to dangerous and unacceptable of an emergency declaration for the Elmgrove Park,Rochester, NY decibel levels. The National Institute for State of Rhode Island (FEMA–3311– 14624,585-429-2264; Occupational Safety and Health states EM), dated March 30, 2010, and related Advanced Toxicology Network,3560 that exposure to sounds over 85 decibels determinations. Air Center Cove, Suite 101,Memphis, for periods greater than eight hours will DATES: Effective Date: April 12, 2010. TN 38118,901-794-5770 / 888-290-1150; cause permanent hearing damage. The [FR Doc. C1–2010–7170 Filed 4–26–10; 8:45 am] crew on the ferry boat CHARLEVOIX FOR FURTHER INFORMATION CONTACT: BILLING CODE 1505–01–D works eight hour shifts. Thus, if the Peggy Miller, Recovery Directorate, ferry boat CHARLEVOIX were to Federal Emergency Management comply with Rule 34 (g) its crew would Agency, 500 C Street, SW., Washington, DEPARTMENT OF HOMELAND potentially suffer permanent hearing DC 20472, (202) 646–3886. SECURITY loss. The Commandant, U.S. Coast Guard, SUPPLEMENTARY INFORMATION: Notice is Coast Guard certifies that full compliance with the hereby given that the incident period for Inland Rules Act would interfere with this emergency is closed effective April [Docket No. USCG–2010–0281] the normal functions/intent of the vessel 12, 2010. Certificate of Alternative Compliance and would not significantly enhance the (The following Catalog of Federal Domestic for the Ferry Boat CHARLEVOIX safety of the vessel’s operation. Assistance Numbers (CFDA) are to be used Requiring the vessel to sound a for reporting and drawing funds: 97.030, AGENCY: Coast Guard, DHS. prolonged whistle/horn blast at the Community Disaster Loans; 97.031, Cora ACTION: Notice. required decibel level prior to each Brown Fund; 97.032, Crisis Counseling; departure (approximately every 5.3 97.033, Disaster Legal Services; 97.034, SUMMARY: The Coast Guard announces minutes, in a 16 hour period/7 days per Disaster Unemployment Assistance (DUA); that a Certificate of Alternative 97.046, Fire Management Assistance Grant; week operation) would subject the crew Compliance was issued for the ferry 97.048, Disaster Housing Assistance to and passengers to unacceptable decibel boat CHARLEVOIX as required by 33 Individuals and Households In Presidentially levels, and not improve overall vessel U.S.C. 1605(c) and 33 CFR 81.18. Declared Disaster Areas; 97.049, safety. Presidentially Declared Disaster Assistance— DATES: The Certificate of Alternative The Certificate of Alternative Compliance was issued on April 2, Disaster Housing Operations for Individuals Compliance allows for the reducing of and Households; 97.050, Presidentially 2010. the intensity of the required sound Declared Disaster Assistance to Individuals ADDRESSES: The docket for this notice is signal to 85 decibel when leaving the and Households—Other Needs; 97.036, available for inspection or copying at dock/berth during normal operations Disaster Grants—Public Assistance

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(Presidentially Declared Disasters); 97.039, DEPARTMENT OF HOMELAND security. Such matters may include, but Hazard Mitigation Grant.) SECURITY are not limited to: • Developing a national strategy and W. Craig Fugate, Coast Guard policy to provide for efficient, Administrator, Federal Emergency [Docket No. USCG–2010–0303] coordinated and effective action to deter Management Agency. and minimize damage from maritime [FR Doc. 2010–9726 Filed 4–26–10; 8:45 am] National Maritime Security Advisory transportation security incidents; • BILLING CODE 9111–23–P Committee; Vacancies Recommending actions required to meet current and future security threats AGENCY: Coast Guard, DHS. to ports, vessels, facilities, waterways DEPARTMENT OF HOMELAND ACTION: Request for applications. and their associated inter-modal SECURITY transportation connections and critical SUMMARY: The Coast Guard seeks infrastructure; Federal Emergency Management applications for membership on the • Promoting international Agency National Maritime Security Advisory cooperation and multilateral solutions Committee (NMSAC). This Committee to maritime security issues; advises and makes recommendations on • Addressing security issues and [Internal Agency Docket No. FEMA–1894– national maritime security matters to DR; Docket ID FEMA–2010–0002] concerns brought to the Committee by the Secretary of Homeland Security via segments of the marine transportation the Commandant of the United States Rhode Island; Amendment No. 4 to industry, or other port and waterway Coast Guard. Notice of a Major Disaster Declaration stakeholders, and; DATES: Completed application forms • Examining such other matters, AGENCY: Federal Emergency should reach us on or before May 31, related to those listed above, that the Management Agency, DHS. 2010. Secretary may charge the Committee ADDRESSES: Interested candidates may with addressing. ACTION: Notice. request an application form by one of The full Committee normally meets at the following methods: least two to three times per fiscal year. SUMMARY: This notice amends the notice • E-mail: [email protected], Subject Working group meetings and of a major disaster declaration for the line: NMSAC Application Form teleconferences are held more State of Rhode Island (FEMA–1894–DR), Request. frequently, as needed. It may also meet dated March 29, 2010, and related • Fax: 202–372–1990, ATTN: for extraordinary purposes. determinations. NMSAC DFO/EA, please provide name, We will consider applications for mailing address and telephone and fax seven positions that expired or became DATES: Effective Date: April 12, 2010. numbers to send application forms to. vacant January 1, 2010. Current FOR FURTHER INFORMATION CONTACT: • Mail: Send written requests for members are eligible to serve an Peggy Miller, Recovery Directorate, forms and completed application additional term of office but must re- Federal Emergency Management packets to: USCG–NMSAC Designated apply in accordance with this notice. Agency, 500 C Street, SW., Washington, Federal Officer, CG–5441, Room 5302, Applicants with experience in one or DC 20472, (202) 646–3886. U.S. Coast Guard Headquarters, 2100 more of the following sectors of the Second St., SW., Stop 7581, marine transportation industry with a SUPPLEMENTARY INFORMATION: Notice is Washington, DC 20593–7581, please minimum of five years experience in hereby given that the incident period for provide name, mailing address and their field are encouraged to apply: this disaster is closed effective April 12, • telephone and fax numbers to send Port Operations Management/Port 2010. Authorities. application forms to. • (The following Catalog of Federal Domestic • Internet: To download a PDF or MS- Maritime Security Operations and Assistance Numbers (CFDA) are to be used Training. Word application form visit NMSAC • for reporting and drawing funds: 97.030, Marine Salvage Operations. Web site at http:// • Community Disaster Loans; 97.031, Cora www.homeport.uscg.mil under Maritime Security Related Brown Fund; 97.032, Crisis Counseling; Academics/Public Policy. Missions>Maritime Security>National • 97.033, Disaster Legal Services; 97.034, Maritime Security Advisory Marine Facilities and Terminals Disaster Unemployment Assistance (DUA); Security Management. Committee>Member Application Forms. • 97.046, Fire Management Assistance Grant; Vessel Owners/Operators. FOR FURTHER INFORMATION CONTACT: Mr. • 97.048, Disaster Housing Assistance to Maritime Labor. Ryan Owens, Commandant (CG–5441), • Individuals and Households in Presidentially International and Inter-modal NMSAC Assistant Designated Federal Declared Disaster Areas; 97.049, Supply Chain. Officer, U.S. Coast Guard Headquarters, • Presidentially Declared Disaster Assistance— Maritime Hazardous Materials 2100 Second St., SW., Stop 7581, Disaster Housing Operations for Individuals Handling/Shipping. • and Households; 97.050, Presidentially Washington, DC 20593–7581, State and Local Government Declared Disaster Assistance to Individuals [email protected], Phone: 202– (Homeland Security, Law Enforcement, and Households—Other Needs; 97.036, 372–1108, Fax: 202–372–1990. First Response). Disaster Grants—Public Assistance SUPPLEMENTARY INFORMATION: The Registered lobbyists are not eligible to (Presidentially Declared Disasters); 97.039, NMSAC is an advisory committee serve on Federal Advisory Committees. Hazard Mitigation Grant.) established in accordance with the Registered lobbyists are lobbyists provisions of the Federal Advisory required to comply with provisions W. Craig Fugate, Committee Act (FACA) 5 U.S.C. (Pub. L. contained in the Lobbying Disclosure Administrator, Federal Emergency 92–463). The NMSAC advises, consults Act of 1995 (Pub. L. 110–81, as Management Agency. with, reports to, and makes amended). Each member serves for a [FR Doc. 2010–9727 Filed 4–26–10; 8:45 am] recommendations to the Secretary on term of three years. Members may serve BILLING CODE 9110–23–P matters relating to national maritime consecutive terms. All members serve at

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their own expense and receive no ACTION: Notice of an extension of an II. Data salary. While attending meetings or Information Collection (1028–0092). OMB Control Number: 1028–0092. when otherwise engaged in committee Title: National Geospatial Program: SUMMARY: We (the U.S. Geological business, members will be reimbursed The National Map. Survey) have sent an Information for travel and per diem expenses as Type of Request: Extension of a Collection Request (ICR) to OMB for permitted under applicable Federal currently approved collection. review and approval. The ICR, which is travel regulations. Respondent Obligation: Required to summarized below, describes the nature In support of the policy of the Coast obtain or retain a benefit. of the collection and the estimated Guard on gender and ethnic Frequency of Collection: Applications burden and cost. As required by the nondiscrimination, we encourage are submitted in response to a NOFA; Paperwork Reduction Act of 1995 (PRA) qualified men and women and members reports are submitted quarterly and at we may not conduct or sponsor and a of all racial and ethnic groups to apply. the end of the project period. person is not required to respond to a The Coast Guard values diversity; all the Description of Respondents: State, collection of information unless it different characteristics and attributes of local, and tribal governments; private displays a currently valid OMB control persons that enhance the mission of the and non-profit firms; and academic number. Coast Guard. institutions. If you are selected as a non- DATES: You must submit comments on Estimated Number of Annual representative member, or as a member or before May 27, 2010. Responses: 175 (75 applications, 80 who represents the general public, you ADDRESSES: Send your comments and quarterly reports and 20 final reports). will be appointed and serve as a Special suggestions on this information Estimated Annual Reporting and Government Employee (SGE) as defined collection to the Desk Officer for the Recordkeeping ‘‘Hour’’ Burden: 4,780 in section 202(a) of title 18, United Department of Interior at OMB–OIRA at hours. We expect to receive States Code. As a candidate for (202) 395–5806 (fax) or approximately 75 applications. It will appointment as an SGE, applicants are [email protected] (e-mail). take each applicant approximately 60 required to complete a Confidential Please provide a copy of your comments hours to complete the narrative and Financial Disclosure Report (OGE Form to Phadrea Ponds, USGS Information prepare supporting documents. This 450). A completed OGE Form 450 is not Collection Clearance Officer, 2150–C includes the time for project conception releasable to the public except under an Center Avenue, Fort Collins, CO 80525 and development, proposal writing, order issued by a Federal court or as (mail); (970) 226–9230 (fax); or reviewing, and submitting the proposal otherwise provided under the Privacy [email protected] (e-mail). Use OMB application through Grants.gov (totaling Act (5 U.S.C. 552a). Only the Designated Control Number 1028–0092 in the 4,500 burden hours). We anticipate Agency Ethics Official (DAEO) or the subject line. awarding 20 grants per year. The award DAEO’s designate may release a FOR FURTHER INFORMATION CONTACT: To recipients must submit quarterly and Confidential Financial Disclosure final reports during the project. Within Report. request additional information please contact Teresa Dean by telephone at 7 days of the beginning of each quarter, If you are interested in applying to (703) 648–4825 or [email protected] (e- a report must be submitted summarizing become a member of the Committee, mail). the previous quarter’s progress. The send a completed application to CAPT quarterly report will take at least 1 hour Kevin C. Kiefer, Designated Federal SUPPLEMENTARY INFORMATION: to prepare (totaling 80 burden hours). A Officer (DFO) of the National Maritime I. Abstract final report must be submitted within 90 Security Advisory Committee. Send the calendar days of the end of the project application in time for it to be received The USGS will provide funding for period. We estimate that it will take by the DFO on or before May 31, 2010. the collection of orthoimagery and approximately 10 hours to complete a A copy of the application form is elevation data. We will accept final report (totaling 200 hours). available in the docket for this notice. applications from State, local, or tribal Estimated Reporting and To visit our online docket, go to governments; nonprofit, Recordkeeping ‘‘Non-Hour Cost’’ http://www.regulations.gov, enter the nongovernmental organizations; and Burden: There are no ‘‘non-hour cost’’ docket number for this notice (USCG– academic institutions to advance the burdens associated with this collection 2010–0303) in the Search box, and click development of The National Map and of information. ‘‘Go >>.’’ other national geospatial databases. This III. Request for Comments Dated: April 21, 2010. effort will support our need to supplement ongoing data collection On December 30, 2009, we published K.C. Kiefer, activities to respond to an increasing a Federal Register notice (74 FR 69134) Captain, U.S. Coast Guard, Office of Port demand for more accurate and current announcing that we would submit this and Facility Activities. elevation data and orthoimagery. ICR to OMB for approval and soliciting [FR Doc. 2010–9683 Filed 4–26–10; 8:45 am] Respondents will submit applications comments. The comment period closed BILLING CODE 9110–04–P and project narrative via Grants.gov. on March 1, 2010. We did not receive Grant recipients must complete any comments in response to that quarterly reports and a final technical notice. report at the end of the project period. We again invite comments concerning DEPARTMENT OF THE INTERIOR All application instructions and forms this ICR on: (a) Whether the proposed Information Collection Sent to the are available on the Internet through collection of information is necessary Office of Management and Budget Grants.gov (http://www.grants.gov). for the agency to perform its duties, (OMB) for Approval; National Hard/paper submissions and electronic including whether the information is Geospatial Program: The National Map copies submitted via e-mail will not be useful; (b) the accuracy of the agency’s accepted under any circumstances. All estimate of the burden of the proposed AGENCY: U.S. Geological Survey, reports will be accepted electronically collection of information; (c) ways to Interior. via e-mail. enhance the quality, usefulness, and

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clarity of the information to be Department of the Interior, 1849 C Affected Public: Operators and mining collected; and (d) ways to minimize the Street, NW., Mail Stop 401 LS, claimants. burden on the respondents, including Washington, DC 20240. You may also Obligation to Respond: Required to the use of automated collection send a copy of your comments by obtain or retain benefits. techniques or other forms of information electronic mail to: Annual Responses: 1,495 responses. technology. [email protected]. Completion Time per Response: Varies from 1 hour to 4,960 hours. Comments that you submit in FOR FURTHER INFORMATION CONTACT: You response to this notice are a matter of Annual Burden Hours: 183,808. may contact Adam Merrill, Bureau of Annual Non-hour Burden Cost: public record. Before including your Land Management, Division of Solid address, phone number, e-mail address $4,780 for notarizing Forms 3809–2 and Minerals, at (202) 912–7044 3809–4a. or other personal identifying (Commercial or FTS). Persons who use information in your comment, you The BLM requests comments on the a telecommunication device for the deaf following subjects: should be aware that your entire (TDD) may call the Federal Information comment including your personal 1. Whether the collection of Relay Service (FIRS) on 1–800–877– information is necessary for the proper identifying information, may be made 8339, to contact Mr. Merrill. publicly available at anytime. functioning of the BLM, including While you can ask us in your SUPPLEMENTARY INFORMATION: whether the information will have comment to withhold your personal Title: Surface Management Activities practical utility; identifying information from public under the General Mining Law (43 CFR 2. The accuracy of the BLM’s estimate review, we cannot guarantee that we subpart 3809). of the burden of collecting the Forms: information, including the validity of will be able to do so. • Form 3809–1, Surface Management the methodology and assumptions used; Dated April 21, 2010, Surety Bond; 3. The quality, utility and clarity of • Julia Fields, Form 3809–2, Surface Management the information to be collected; and Deputy Director, National Geospatial Personal Bond; 4. How to minimize the information • Program. Form 3809–4, Bond Rider collection burden on those who are to [FR Doc. 2010–9698 Filed 4–26–10; 8:45 am] Extending Coverage of Bond to Assume respond, including the use of BILLING CODE 4311–AM–P Liabilities for Operations Conducted by appropriate automated, electronic, Parties Other Than the Principal; mechanical, or other forms of • Form 3809–4a, Surface information technology. DEPARTMENT OF THE INTERIOR Management Personal Bond Rider; and Please send comments to the • From 3809–5, Notification of addresses listed under ADDRESSES. Bureau of Land Management Change of Operator and Assumption of Please refer to OMB control number [LLWO320000 L19900000 EX0000] Past Liability. 1004–0194 in your correspondence. OMB Control Number: 1004–0194. Before including your address, phone Renewal of Approved Information Abstract: This collection of number, e-mail address, or other Collection, OMB Control Number information enables the BLM to personal identifying information in your 1004–0194 determine whether operators and comment, you should be aware that mining claimants are meeting their your entire comment—including your AGENCY: Bureau of Land Management, responsibility to prevent unnecessary or Interior. personal identifying information—may undue degradation while conducting be made publicly available at any time. ACTION: 30-day notice and request for exploration and mining activities on While you can ask us in your comment comments. public lands under the General Mining to withhold your personal identifying Law (30 U.S.C. 22—54.). It also enables SUMMARY: information from public review, we The Bureau of Land the BLM to obtain financial guarantees Management (BLM) has submitted an cannot guarantee that we will be able to for the reclamation of public lands. This do so. information collection request to the collection of information is found at 43 Office of Management and Budget CFR subpart 3809 and in the forms Jean Sonneman, (OMB) for a 3-year renewal of OMB listed above. Acting Information Collection Clearance Control Number 1004–0194 under the Frequency: On occasion. Officer. Paperwork Reduction Act. This control Description of Respondents: [FR Doc. 2010–9705 Filed 4–26–10; 8:45 am] number covers paperwork requirements Operators and mining claimants. BILLING CODE 4310–84–P in 43 CFR subpart 3809. 60-Day Notice: As required in 5 CFR DATES: The OMB is required to respond 1320.8(d), we published a 60-day notice to this information collection request in the Federal Register on January 8, DEPARTMENT OF THE INTERIOR within 60 days but may respond after 30 2010 (75 FR 1071), soliciting comments days. Therefore, written comments from the public and other interested Bureau of Indian Affairs should be received on or before May 27, parties. The comment period closed on Grant Program To Assess, Evaluate 2010. March 9, 2010. We received one and Promote Development of Tribal ADDRESSES: You may submit comments comment. The comment was a general Energy and Mineral Resources directly to the Desk Officer for the invective about the Federal government, Department of the Interior (OMB #1004– the Department of the Interior, and the AGENCY: Bureau of Indian Affairs, 0194), Office of Management and BLM. It did not address, and was not Interior. Budget, Office of Information and germane to, this information collection. ACTION: Solicitation of proposals. Regulatory Affairs, fax 202–395–5806, Therefore, we have no response to the or by electronic mail at oira_docket@ comment. SUMMARY: The Energy and Mineral omb.eop.gov. Please mail a copy of your Type of Review: Revision of a Development Program (EMDP) provides comments to: Bureau Information currently approved information funding to Indian tribes with the Collection Clearance Officer (WO–630), collection. mission goal of assessing, evaluating,

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and promoting energy and mineral G. Where To Submit to make the award of limited funds as resources on Indian trust lands for the H. Transfer of Funds fair and equitable as possible. economic benefit of Indian mineral I. Reporting Requirements for Award The EMDP program is funded under owners. To achieve these goals, the Recipients the non-recurring appropriation of the J. Requests for Technical Information Department of the Interior’s Office of Bureau of Indian Affairs’ (BIA) budget. Indian Energy and Economic A. Background Congress appropriates funds for EMDP Development (IEED), through its Section 103 of the Indian Self- funding on a year-to-year basis. Thus, Division of Energy and Mineral Determination Act, Public Law 93–638, while some projects may extend over Development (DEMD) office, is as amended by Public Law 100–472 several years, funding for successive soliciting proposals from tribes. The contains the contracting mechanism for years depends on each fiscal year’s Department will use a competitive energy and mineral development- appropriations. evaluation process to select several funded programs. The information collection proposed projects to receive an award. The IEED, through the DEMD office requirements contained in this notice DATES: Submit grant proposals on or located in Lakewood, Colorado, have been reviewed and approved by before June 28, 2010. We will not administers and manages the EMDP the Office of Management and Budget consider grant proposals received after program. The objectives of this (OMB) under the Paperwork Reduction this date. solicitation are to receive proposals for Act, 44 U.S.C. 3504(h). The OMB ADDRESSES: Mail or hand-carry grant energy and mineral development control number is 1076–0174. The proposals to the Department of the projects in the areas of exploration, authorization expires on April 30, 2013. Interior, Division of Energy and Mineral assessment, development, feasibility An agency may not sponsor, and you are Development, Attention: Energy and and market studies. not required to respond to, any Mineral Development Program, 12136 Energy includes conventional energy information collection that does not W. Bayaud Avenue, Suite 300, resources (such as oil, gas, coal, display a currently valid OMB Control Lakewood, CO 80228, or e-mail to uranium, and coal bed gas) and Number. Robert Anderson at renewable energy resources (such as B. Items To Consider Before Preparing [email protected]. wind, solar, biomass, hydro and an Application for an Energy and geothermal). Mineral resources include FOR FURTHER INFORMATION CONTACT: If Mineral Development Grant industrial minerals (e.g., sand, gravel), you have questions about the EMDP 1. Trust Land Status program, or have technical questions precious minerals (e.g., gold, silver, about the commodity you wish to assess platinum), base minerals (e.g., lead, EMDP funding can only be made or develop, please contact the copper, zinc), and ferrous metal available to tribes whose lands are held appropriate DEMD persons listed below: minerals (e.g., iron, tungsten, in trust or restricted fee by the Federal • General Questions about the EMDP chromium). government. Congress has appropriated Program and Submission Process: This year, there will be an emphasis these funds for the development of Robert Anderson, Tel: (720) 407–0602; placed on renewable energy projects, as energy and mineral resources only on e-mail: [email protected]; a portion of DEMD’s grant budget is Indian trust or restricted fee lands. • earmarked for renewable energy. Also, For Additional Copies of the 2. Tribes’ Compliance History Proposal Writing Guidelines Manual: there are funds set aside for Tahnee KillsCrow, Tel: (720) 407–0655; construction minerals, such as sand and DEMD will monitor all EMDP grants e-mail: [email protected]; gravel. However, the project’s outcome for statutory and regulatory compliance • Mineral Projects (Precious Metals, should also have an impact on creating to assure that awarded funds are Sand and Gravel): Lynne Carpenter, Tel: new jobs and income for the tribal correctly applied to approved projects. (720) 407–0605, e-mail: community. Both objectives will have Tribes that expend funds on [email protected], or David an influence on DEMD’s selection of unapproved functions may forfeit Holmes, Tel: (720) 407–0609, e-mail: projects to fund. remaining funds in that proposal year, [email protected]; DEMD’s goal is to assist tribes to and possibly for any future EMDP • Conventional Energy Projects (Oil, achieve economic benefits from their funding. Consequently, DEMD may Natural Gas, Coal): Bob Just, Tel: (720) energy and mineral resources. The request a tribe to provide a summary of 407–0611, e-mail: [email protected]; purpose of the program is to expand the any funds it has received in past years • Renewable Energy Projects knowledge base through which tribes, through other projects approved by (Biomass, Wind, Solar): Winter Jojola- either by themselves or with industry DEMD, and DEMD may conduct a Talburt, Tel: (720) 407–0668, e-mail: partners, can bring new energy and review of prior award expenditures [email protected]; mineral resources into the marketplace before making a decision on current • Geothermal Energy: Roger Knight, through a comprehensive understanding year proposals. of their undeveloped resource potential. Tel: (720) 407–0613, e-mail: 3. BIA Sanction List [email protected]. A strong knowledge base will also ensure that new resources are produced Tribes who are currently under BIA SUPPLEMENTARY INFORMATION: in an environmentally acceptable sanction resulting from non-compliance A. Background manner. with the Single Audit Act may be B. Items To Consider Before Preparing an Each year DEMD usually receives ineligible from being considered for an Application for an Energy and Mineral more energy and mineral development award. Development Grant applications than can be funded in that C. How To Prepare an Application for Energy year. DEMD has discretion for awarding 4. Completion of Previous Energy and and Mineral Development Funding Mineral Development Projects D. Submission of Application in Digital funds and requires that the tribes Format compete for such funds on an annual Generally, the DEMD will not support E. Application Evaluation and basis. DEMD has established ranking nor recommend additional funding for a Administrative Information and paneling procedures with defined project until all project functions F. When To Submit criteria for rating the merits of proposals scheduled for completion the previous

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year have been documented by the tribe are available to tribes to reduce the cost development project work only. and reviewed by the DEMD. of their investigations. Examples of elements that cannot be Under some circumstances, delays Budget line items will not be allowed funded include: encountered in performing the project for data or products that reside at • Establishing or operating a tribal that are beyond the control of the tribe DEMD. The tribe or the tribe’s office, and/or purchase of office or their consultant will be taken into consultant must first check with DEMD equipment not specific to the consideration when making decisions for availability of these data sets on the assessment project. Tribal salaries may on future year EMDP awards. Such reservation they are investigating. If be included only if the personnel are acceptable delays may include late DEMD does not have a particular data directly involved in the project and only delivery of funding awards to the tribal set, then EMDP funds may be used to for the duration of the project; project, difficulty in finding appropriate acquire such data. • Indirect costs and overhead as contractors to perform project functions, When a proposal includes the defined by the Federal Acquisition permitting issues, and weather delays. acquisition of new data, the tribe should Regulation (FAR); thoroughly search for preexisting data to • Purchase of equipment that is used 5. Multiple Projects ensure there is no duplication. If older to perform the EMDP project, such as DEMD will accept more than one data does exist, it may have computers, vehicles, field gear, etc. application from a tribe for projects, considerable value. It may be updated or (however, the leasing of this type of even if the project concerns the same improved upon, either by the DEMD or equipment for the purpose of commodity. For example, the tribe may by the tribe’s consultant. performing energy and mineral have a viable renewable energy development is allowed); 8. Using Technical Services at DEMD • resource, but needs to better define the Purchasing and/or leasing of resource with further exploration work DEMD has many in-house technical equipment for the development of or analysis. Concurrently the tribe also capabilities and services that the tribes energy and mineral resources. This needs to evaluate the market for their may wish to use. All services provided would include such items as well resource. In this situation two separate by DEMD are without charge to the drilling rigs, backhoes, bulldozers; proposals can be submitted. DEMD will tribes. Tribes can obtain maximum cranes, trucks, etc. • apply the same objective ranking criteria benefit from energy and mineral Drilling of wells for the sale of to each proposal. development studies by first using hydrocarbons, geothermal resources, DEMD’s services, or by using DEMD other fluid and solid minerals (however, 6. Multi-Year Projects services in conjunction with outside funds may be used for the drilling of DEMD cannot award multi-year consultants. Services available at DEMD exploration holes for testing, sampling, funding for a project. Funding available include: coring, or temperature surveys); • Technical literature search of • Legal fees; for the EMDP is subject to annual • appropriations by Congress and previous investigations and work Application fees associated with performed in and around reservations permitting; therefore DEMD can only consider • single-year funded projects. Generally, using reference materials located Research and development of energy and mineral development nearby, such as the U.S. Geological unproved technologies; • Training; projects are designed to be completed in Survey (USGS) library in Denver, Colorado, or the Colorado School of • Contracted negotiation fees; one year. It is acceptable that a project • Purchase of data that is available may require more than one year to Mines library in Golden, Colorado; • Well production history analysis, through DEMD; complete due to circumstances such as decline curve and economic analysis of • Any other activities not authorized weather, availability of the consultant, data obtained through DEMD’s in-house by the tribal resolution or by the award or scope of the project. databases; letter. EMDP projects requiring funding • Well log interpretation, including beyond one-year intervals should be 10. Who Performs Energy and Mineral correlation of formation tops, Development Studies? grouped into discrete, single-year units identification of producing horizons, of operation, and then submitted as and generation of cross-sections; The tribe determines who they wish individual proposals for consideration • Technical mapping capabilities, to perform the energy and mineral of EMDP award funding. Tribes must be using data from well log formation tops development work, such as a aware, however, that there is no and seismic data; consultant, a private company, or other absolute guarantee of EMDP awards • Contour mapping capabilities, sources described in the list below. The being available for future years of a including isopachs, calculated grids, tribe may also request the BIA to multi-year project due to the color-fill plotting, and posting of surface perform the work. discretionary nature of EMDP award features, wells, seismic lines and legal A tribe has several choices in funding. boundaries; contracting work performed under an • 7. Use of Existing Data Seismic data interpretation and data energy and mineral development processing; project: DEMD maintains a comprehensive set • Three dimensional modeling of • A private company (although that of tribal data and information. DEMD mine plans; company must not be competing for has spent considerable time and • Economic analysis and modeling exploration or development rights on expense in collecting digital land grids, for energy and solid mineral projects; the tribe’s lands); geographic information system (GIS) and • An experienced and qualified data and imagery data for many • Marketing studies. scientific consultant; reservations. Monthly well status and • A Federal government agency (such production data, geophysical data (such 9. What the Energy and Mineral as USGS or the U.S. Department of as seismic data), geology and Development Program Cannot Fund Energy (DOE) or a State government engineering data, etc. are all stored at As stated above, these funds are agency (such as a State geological DEMD’s offices. All of these data sets specifically for energy and mineral survey).

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There are no requirements or without express written permission exists. Give examples of a typical restrictions on how the tribe performs from the tribal government.) resource occurrence to be examined their contracting function for the Note: Any information in the possession of under the proposal, such as the oil or consultant or company. The tribe is free DEMD or submitted to DEMD throughout the gas deposit, etc. If possible, include to issue the contract through a sole EMDP process, including the final energy criteria applicable to these types of source selection or through competitive and mineral development study, constitutes resource occurrences. bidding. This determination will government records and may be subject to • Multi-Phased Studies: Explain depend on the tribe’s own policies for disclosure to third parties under the Freedom whether this assessment request will contracting procedures. of Information Act (FOIA), 5 U.S.C. 552, and begin a new study or continue a study the Department of the Interior’s FOIA that has already been partially C. How To Prepare an Application for regulations at 43 CFR part 2, unless a FOIA completed. Also explain how long the exemption or exception applies or other Energy and Mineral Development study will last. [Note: DEMD cannot Funding provisions of law protect the information. A tribe may, but is not required to, designate guarantee funding for a project from one Each tribe’s application must meet the information it submits as confidential fiscal year to the next.] criteria in this notice. A complete commercially or financially sensitive • Known Energy/Mineral Resource: If energy and mineral development information, as applicable, in any a known energy or mineral deposit request must contain the following three submissions it makes throughout the EMDP exists or produces near the reservation, components: process. If DEMD receives a FOIA request for discuss the possible extension or trend • A current tribal resolution this information, it will follow the of the deposit onto the reservation. authorizing the proposed project; procedures in 43 CFR part 2. • Existing Information: Acknowledge • A proposal describing the planned any existing mineral exploration activities and deliverable products; and 2. Mandatory Component 2: Energy and information and provide references. The • A detailed budget estimate. Mineral Development Proposal proposed new study should not DEMD will consider any funding A tribe may present their energy and duplicate previous work. request that does not contain all of the mineral development proposal in any • Environmental or Cultural Sensitive mandatory components to be form they wish, so long as the proposal Areas: Describe and verify if the incomplete and will return it to the tribe contains a description of planned resources are located in an with an explanation. The tribe will then activities and deliverable products that archeological, environmentally or be allowed to correct all deficiencies can be accomplished within the fiscal culturally sensitive area of the and resubmit the proposal for year for which funding is being reservation. The tribe must also assist consideration on or before the deadline. requested. The proposal should be well DEMD with the Environmental A detailed description of each of the organized, contain as much detail as Assessment phase of the proposed required components follows. possible, yet be presented succinctly to project. 1. Mandatory Component 1: Tribal allow a quick and thorough (c) Project Objective, Goals and Scope Resolution understanding of the proposal by the of Work: Describe why the tribe needs DEMD ranking team. the proposed energy and mineral The tribal resolution must be current, Many tribes utilize the services of a development. Examples may include: and must be signed. It must authorize staff geoscientist or private consultant to • Discussion of the short and long tribal approval for an EMDP proposed prepare the technical part of the term benefits to the tribe. project in the same fiscal year as that of proposal. However, some tribes may not • Initial identification of an energy or the energy and mineral development have these resources and therefore, are mineral resource for possible proposal and must explicitly refer to the urged to seek DEMD’s technical development. • assessment proposal being submitted. assistance in preparing their EMDP Additional information regarding The tribal resolution must also include: proposal. Tribes who want technical the potential resource required for tribal (a) A description of the commodity or assistance from DEMD should make this decision making commitments on commodities to be studied; request in writing to the address development proposals. (b) A statement that the tribe is • provided in the ADDRESSES section of Feasibility studies and market willing to consider development of any this notice. The request should be made analyses on resource development potential energy or mineral resource as early as possible to give DEMD time potentials. discovered; • to provide the assistance. Support for environmental studies. (c) A statement describing how the • Support and technical assistance as The proposal should include the tribe prefers to have the energy or part of the contract negotiations process. following sections: mineral program conducted (i.e., by • Description of the work proposed, (a) Overview and Technical Summary DEMD in-house professional staff only, and the project goals and objectives of the Project: Prepare a short summary by DEMD staff in conjunction with expected to be achieved by the proposed overview of the proposal that includes tribal professional staff, by private project. contractors or consultants, or through the following: • Description of the location on the other acceptable means). —Elements of the proposed study; reservation where the work will be (d) A statement that the tribe will —Reasons why the proposed study is done. Include relevant page size maps consider public release of information needed; and graphs. obtained from the energy and mineral —Total requested funding; • Detailed description of the scope of development study. (Public release is —Responsible parties for technical work and justification of a particular meant to include publications, a poster execution and administration of the method. For example, if a geochemical session, attending a property fair, or proposed project; and sampling survey is planned, an giving an oral presentation at industry —A tribal point of contact for the explanation might include the quantity or Federal meetings and conferences. It project and contact information. samples to be obtained, what type of does not mean providing copies of the (b) Technical Summary of Project: sampling will be targeted, the soil data or reports to any individual, private Provide a technical description of the horizons to be tested, general location of company or other government agency project area, if sufficient information the projected sampling, how the

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samples are to be analyzed and why have documented professional and scientific information to permit an geochemistry was chosen as an qualifications necessary to perform the evaluation, and does not duplicate or exploration technique. Furnish similar work. Position descriptions or resumes overlap previous or current funded types of explanations and details for should be attached to the budget EMDP projects. geophysics, geologic mapping, core estimate. DEMD staff may return an application drilling, or any other type of assessment • If a consultant is to be hired for a that does not include all information planned. fixed fee, the consultant’s expenses and documentation required within this (d) Deliverable Products: Describe all should be itemized as part of the project notice. During the review of a proposal, deliverable products that the proposed budget. DEMD may request the submission of assessment project will generate, • Consultant fees must be additional information. including all technical data to be accompanied by documentation that 2. Ranking Criteria obtained during the study. Describe the clearly identifies the qualifications of types of maps to be generated and the the proposed consultants, how the Proposals will be formally evaluated proposed scales. Also discuss how these consultant(s) are to be used, and a line by a Review and Ranking Panel using maps and cross-sections will help item breakdown of costs associated with the six criteria listed below. Each define the energy and mineral potential each consultant activity. criterion provides a percentage of the on the reservation. Discuss any planned (b) Travel Estimates. Estimates should total maximum rating of 100 points. (a) Resource Potential; 10 points. If status reports as well as the parameters be itemized by airfare, vehicle rental, the resource is determined not to exist of the final report. lodging, and per diem, based on the on the reservation, then the proposal (e) Resumes of Key Personnel: If the current federal government per diem will be rejected. The panel will base tribe is using a consultant services, schedule. provide the resumes of key personnel (c) Data Collection and Analysis their scoring on both the information who will be performing the project Costs. These costs should be itemized in provided by the tribe and databases work. The resumes should provide sufficient detail for the reviewer to maintained by DEMD. It is critical that information on each individual’s evaluate the charges. For example, break the tribe attempt to provide all pertinent expertise. If subcontractors are used, down drilling and sampling costs in information in their proposal in order to these should also be disclosed. relation to mobilization costs, footage ensure that an accurate review of the rates, testing and lab analysis costs per proposal is accomplished. The 3. Mandatory Component 3: Detailed reviewers are aware that many tribes Budget Estimate core sample. (d) Other Expenses. Include computer have little energy or mineral resource A detailed budget estimate is required rental, report generation, drafting, and data on reservation lands, and in some for the funding level requested. The advertising costs for a proposed project. cases, resource data does not exist. detail not only provides the tribe with However, geologic and historical an estimate of costs, but it also provides D. Submission of Application in Digital mineral development data exist DEMD with the means of evaluating the Format throughout most of the continental U.S. cost-benefit of each project. This line- Submit the application, including the on lands surrounding Indian by-line budget must fully detail all budget pages, in digital form. DEMD reservations. projected and anticipated expenditures will return proposals that are submitted Many times a producing energy or under the EMDP proposal. The ranking without the digital components. mineral deposit exists outside but near committee reviews each budget estimate Acceptable formats are Microsoft the reservation boundary. The geologic to determine whether the budget is Word and Adobe Acrobat PDF on setting containing the resource may reasonable and can produce the results compact disks (CDs) or floppy disks. extend onto the reservation, regardless outlined under the proposal. The budget must be submitted in a of the size of the reservation. This Each proposed project function Microsoft Excel spreadsheet. would suggest potential of finding should have a separate budget. The Each file must be saved with a similar resources on the reservation. In budget should break out contract and filename that clearly identifies the file some cases, available data on non- consulting fees, fieldwork, lab and being submitted. File name extensions reservation lands may allow for a testing fees, travel and all other relevant must clearly indicate the software scientifically acceptable projection of project expenses. Preparation of the application used in preparing the favorable trends for energy or mineral budget portion of an EMDP proposal documents (e.g., doc, .pdf). occurrences on adjacent Indian lands. For renewable energy proposals, this should be considered a top priority. Documents that require an original factor applies to conditions favorable for EMDP proposals that include sound signature, such as cover letters, tribal the economic development of the budget projections will receive a more resolutions, and other letters of tribal renewable energy source being studied. favorable ranking over those proposals authorization can be submitted in hard (b) Marketability of the Resource; 20 that fail to provide appropriate budget copy (paper) form. points. Reviewers will base their scoring projections. If you have any additional questions on both the short- and long-term market The budget page(s) should provide a concerning the Energy and Mineral conditions of the resources. Reviewers comprehensive breakdown for those Development Program proposal are aware that marketability of an project line items that involve several submission process, please contact energy or mineral commodity depends components, or contain numerous sub- Robert Anderson at (720) 407–0602. functions. upon existing and emerging market (a) Contracted Personnel Costs. This E. Application Evaluation and conditions. Industrial minerals such as includes all contracted personnel and Administrative Information aggregates, sand/gravel and gypsum are consultants, their respective positions dependent on local and regional 1. Administrative Review and time (staff-hour) allocations for the economic conditions. proposed functions of a project. Upon receiving an application, DEMD Precious and base metal minerals • Personnel funded under the Public will determine whether it contains the such as gold, silver, lead, copper and Law 93–638 Energy and Mineral prescribed information, includes a tribal zinc are usually more dependent upon Development Program (EMDP) must resolution, contains sufficient technical international market conditions. Natural

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gas and coal bed methane production the tribe. The willingness-to-develop A tribe may fax the cover letter and depends upon having relatively close statement should sufficiently explain resolution for the proposal before the access to a transmission pipeline, as how the tribe intends to accomplish this deadline, which will guarantee that the does renewable energy to an electric task. proposal will be considered as being transmission grid. DEMD will also evaluate willingness received on time. However, DEMD asks Coal and crude oil production, on the to develop based upon the tribe’s that tribes or consultants do not send other hand, carry built-in transportation willingness to release energy or mineral the entire proposal via fax, as this costs, making those resources more data to potential developers. severely overloads the fax system. dependent on current and projected (e) Tribal Commitment to the Project; The cover letter should also state that energy commodity rates. At any time, 25 points: To receive a high score for the proposal is being sent via FedEx or some commodities may have a strong this criterion, the tribe should explain mail. An original signature copy must sustained market while others how it will participate in the study, be received in DEMD’s office within 5 experience a weak market environment, such as by appointing a designated lead working days after the deadline, or even a market surge that may be only and contact person (especially a person including all signed tribal resolutions temporary. with some knowledge of the technical and letters of tribal authorization. Reviewers are aware of pitfalls aspects of the projects, and direct BIA Regional or Agency level offices surrounding long-term market forecasts contact with the tribe’s natural resource receiving a tribe’s submitted EMDP of energy and mineral resources, so the department and tribal council), to be proposal do not have to forward it on to proposal should address this element committed to the successful completion DEMD. It is meant to inform them of a fully. Also, short-term forecasts may of the project. tribe’s intent to perform energy or indicate an oversupply from both If the tribe has a strategic plan for mineral studies using EMDP funding. national and internationally developed development, this should be discussed BIA Regional or Agency offices are free properties, and therefore additional in the proposal. A strategic plan to comment on the tribe’s proposal, or production may not be accommodated. outlines objectives, goals, and to ask DEMD for other information. Certain commodities such as electricity methodology for creating sustainable may be in high demand in some tribal economic development. The H. Transfer of Funds regional sectors, but the current state of proposal should also explain how the IEED will transfer a tribe’s EMDP the transmission infrastructure does not tribe’s EMDP proposal fits within that award funds to the BIA Regional Office allow for additional kilowatts to be strategic plan. that serves that tribe, via a sub-allotment handled, thereby hindering a market funding document coded for the tribe’s opportunity. 3. Ranking of Proposals and Award Letters EMDP project. The tribe should On the other hand, the potential for anticipate the transfer and be in contact improving markets may be suggested by The EMDP review committee will with budget personnel at the Regional market indicators. Examples of market rank the energy and mineral and Agency office levels. Tribes indicators include price history, prices development proposals using the receiving EMDP awards must establish from the futures markets, rig count for selection criteria outlined in this a new 638 contract to complete the oil and gas, and fundamental factors like section. DEMD will then forward the transfer process, or use an existing 638 supply shortages, political unrest in rated requests to the Director of the contract, as applicable. foreign markets, and changes in IEED (Director) for approval. Once technology. approved, the Director will submit all I. Reporting Requirements for Award (c) Economic Benefits Produced by the proposals to the Assistant Secretary— Recipients Project; 35 points. This year there will Indian Affairs for concurrence and 1. Quarterly Reporting Requirements be greater emphasis on funding projects announcement of awards to those that would have an impact on tribal jobs selected tribes, via written notice. Those During the life of the EMDP project, and income. To receive a high score for tribes not receiving an award will also quarterly written reports are to be this ranking criterion, the proposal be notified immediately in writing. submitted to the DEMD project monitor should clearly state how the project for the project. The beginning and would achieve this result. If the project F. When To Submit ending quarter periods are to be based indirectly creates economic benefits, for DEMD will accept applications at any on the actual start date of the EMDP example applying royalty income from time before the deadline stated in the project. This date can be determined oil and gas productions to create other DATES section of this notice, and will between DEMD’s project monitor and tribal businesses, that would satisfy this send a notification of receipt to the the tribe. criterion. Whatever the commodity return address on the application The quarterly report can be a one- to being studied, the ultimate goal is to package, along with a determination of two-page summary of events, collect useful data and information that whether or not the application is accomplishments, problems and results allows the tribe to stimulate complete. DEMD will not consider grant that took place during the quarter. development on their lands. This might proposals after this date. A date- Quarterly reports are due 2 weeks after occur with industry partners or the tribe stamped receipt of submission by the the end of a project’s fiscal quarter. may develop the resource themselves. BIA Regional or Agency-level office on 2. Final Reporting Requirements (d) Tribes’ Willingness to Develop; 10 or before the announced deadline will points: The tribe’s willingness to also be acceptable. • Delivery Schedules. The tribe must consider developing any potential deliver all products and data generated resource must be clearly stated in the G. Where To Submit by the proposed assessment project to proposal and the tribal resolution. Note Submit the energy and mineral DEMD’s office within 2 weeks after that this is not a statement for development proposals to DEMD at the completion of the project. mandatory development of any address listed in the ADDRESSES section • Mandatory Requirement to Provide potential resource, but just that the tribe of this notice. Applicants should also Reports and Data in Digital Form. is willing to develop. The decision on forward a copy of their proposal to their DEMD maintains a repository for all whether to develop will always lie with own BIA Agency and Regional offices. energy and mineral data on Indian

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lands, much of it derived from these specialized sections of the proposal, and a due date for industry to pay additional energy and mineral development suggest ways a tribe may obtain other royalties based on the major portion reports. As EMDP projects produce assistance, such as from a company or prices. This notice provides major reports with large amounts of raw and consultant specializing in a particular portion prices for the 12 months of processed data, analyses and assays, area of expertise. However, the tribe is calendar year 2008. DEMD requires that deliverable responsible for preparing the executive DATES: The due date to pay additional products be provided in digital format, summary, justification, and scope of royalties based on the major portion along with printed hard copies. work for their proposal. prices is June 28, 2010. Reports can be provided in either The tribe must notify DEMD in Microsoft Word or Adobe Acrobat PDF writing that they require assistance, and FOR FURTHER INFORMATION CONTACT: John format. Spreadsheet data can be DEMD will then appoint staff to provide Barder, Manager, Team B, Western provided in Microsoft Excel, Microsoft the requested assistance. The tribe’s Audit and Compliance, Minerals Access, or Adobe PDF formats. All request must clearly specify the type of Revenue Management; telephone (303) vector figures should be converted to technical assistance desired. 231–3702; fax number (303) 231–3755; PDF format. Raster images can be Requests for technical assistance e-mail [email protected]; or Mike provided in PDF, JPEG, TIFF, or any of should be submitted well in advance of Curry, Team B, Western Audit and the Windows metafile formats. the proposal deadline established in the Compliance, Minerals Revenue • Number of Copies. When a tribe DATES section of this solicitation to Management; telephone (303) 231–3741; prepares a contract for energy and allow DEMD staff time to provide the fax (303) 231–3755; e-mail mineral development, it must describe appropriate assistance. DEMD will not [email protected]. Mailing the deliverable products and include a accept requests for technical assistance address: Minerals Management Service, requirement that the products be that are received after May 27, 2010. Minerals Revenue Management, prepared in standard format (see format Tribes not seeking technical assistance Western Audit and Compliance description above). Each energy and should also attempt to submit their Management, Team B, P.O. Box 25165, mineral development contract will EMDP proposals well in advance of the MS 62220B, Denver, Colorado 80225– provide funding for a total of six printed deadline to allow DEMD staff time to 0165. and six digital copies to be distributed review the proposals for possible as follows: deficiencies and allow time to contact SUPPLEMENTARY INFORMATION: On August (a) The tribe will receive two printed the tribe with requests for revisions to 10, 1999, MMS published a final rule and two digital copies of the EMDP the initial submission. titled ‘‘Amendments to Gas Valuation report. Regulations for Indian Leases’’ at 64 FR (b) DEMD requires four printed copies Dated: April 8, 2010. 43506 with the effective date January 1, and four digital copies of the EMDP Larry Echo Hawk, 2000. The gas regulations apply to all report. DEMD will transmit one of these Assistant Secretary—Indian Affairs. gas production from Indian (tribal or copies to the tribe’s BIA Regional Office, [FR Doc. 2010–9663 Filed 4–26–10; 8:45 am] allotted) oil and gas leases, except leases and one copy to the tribe’s BIA Agency BILLING CODE 4310–4M–P on the Osage Indian Reservation. Office. Two printed and two digital copies will then reside with DEMD. The rule requires that MMS publish These copies should be forwarded to the DEPARTMENT OF THE INTERIOR major portion prices for each designated DEMD offices in Lakewood, Colorado, to area not associated with an index zone the attention of the ‘‘Energy and Mineral Minerals Management Service for each production month beginning January 2000, along with a due date for Development Program.’’ [Docket No. MMS–2008–MRM–0018] All products generated by EMDP additional royalty payments. See 30 CFR 206.174(a)(4)(ii) (2009). If studies belong to the tribe and cannot be Major Portion Prices and Due Date for additional royalties are due based on a released to the public without the tribe’s Additional Royalty Payments on Indian published major portion price, the written approval. Products include all Gas Production in Designated Areas lessee must submit an amended Form reports and technical data obtained Not Associated With an Index Zone during the study such as geophysical MMS–2014, Report of Sales and Royalty data, geochemical analyses, core data, AGENCY: Minerals Management Service Remittance, to MMS by the due date. If lithologic logs, assay data of samples (MMS), Interior. you do not pay the additional royalties tested, results of special tests, maps and ACTION: Notice of major portion prices by the due date, MMS will bill you late cross sections, status reports, and the for calendar year 2008. payment interest under 30 CFR 218.54. final report. The interest will accrue from the due SUMMARY: Final regulations for valuing date until MMS receives your payment J. Requests for Technical Assistance gas produced from Indian leases, and an amended Form MMS–2014. The DEMD staff may provide technical published August 10, 1999, require table below lists the major portion consultation (i.e., work directly with MMS to determine major portion prices prices for all designated areas not tribal staff on a proposed project), and notify industry by publishing the associated with an index zone. The due provide support documentation and prices in the Federal Register. The date is 60 days after the publication date data, provide written language on regulations also require MMS to publish of this notice.

GAS MAJOR PORTION PRICES ($/MMBTU) FOR DESIGNATED AREAS NOT ASSOCIATED WITH AN INDEX ZONE

Jan Feb Mar Apr MMS–Designated areas 2008 2008 2008 2008

Blackfeet Reservation ...... 6.18 7.00 7.50 8.28 Fort Belknap ...... 6.40 6.65 6.87 6.97 Fort Berthold ...... 7.28 7.84 8.76 9.48 Fort Peck Reservation ...... 9.05 9.72 10.41 10.94

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GAS MAJOR PORTION PRICES ($/MMBTU) FOR DESIGNATED AREAS NOT ASSOCIATED WITH AN INDEX ZONE—Continued

Jan Feb Mar Apr MMS–Designated areas 2008 2008 2008 2008

Navajo Allotted Leases in the Navajo Reservation ...... 7.04 7.74 8.35 8.77 Rocky Boys Reservation ...... 5.81 6.38 7.00 7.41 Ute Tribal Leases in the Uintah and Ouray Reservation ...... 5.74 6.80 7.46 7.66 May Jun Jul Aug MMS–Designated areas 2008 2008 2008 2008

Blackfeet Reservation ...... 8.94 9.79 10.95 8.39 Fort Belknap ...... 7.20 7.54 7.54 7.54 Fort Berthold ...... 10.69 11.62 10.36 7.63 Fort Peck Reservation ...... 12.21 12.25 13.35 10.31 Navajo Allotted Leases in the Navajo Reservation ...... 9.54 10.40 11.49 7.82 Rocky Boys Reservation ...... 8.18 9.28 7.95 5.70 Ute Tribal Leases in the Uintah and Ouray Reservation ...... 8.53 8.46 8.72 6.57 Sep Oct Nov Dec MMS–Designated areas 2008 2008 2008 2008

Blackfeet Reservation ...... 6.65 5.58 5.23 5.00 Fort Belknap ...... 2.63 6.18 6.13 5.99 Fort Berthold ...... 6.19 5.92 5.69 5.54 Fort Peck Reservation ...... 8.94 7.21 6.15 5.46 Navajo Allotted Leases in the Navajo Reservation ...... 6.27 4.50 3.44 5.09 Rocky Boys Reservation ...... 4.66 4.41 4.13 3.91 Ute Tribal Leases in the Uintah and Ouray Reservation ...... 1.53 2.98 2.50 4.33

For information on how to report materials, hospitality products, artwork, calendars and postcards, clothing, and additional royalties due to major portion and other promotional materials that coffee mugs. prices, please refer to our Dear Payor identify the Center and support its The NCTC logo will be used as letter dated December 1, 1999, on the mission. standalone artwork and will not be used MMS Web site at http:// DATES: Effective April 27, 2010. with the official Department of the www.mrm.mms.gov/ReportingServices/ Interior seal, the Fish and Wildlife FOR FURTHER INFORMATION CONTACT: PDFDocs/991201.pdf. Service seal, or any other Federal Richard DeVries; telephone: 304/876– department or agency logos. Dated: April 2, 2010. 7656; fax: 304/876–7241; e-mail: _ The NCTC logo may not be Gregory J. Gould, Richard [email protected]. mechanically or electronically altered, Associate Director for Minerals Revenue SUPPLEMENTARY INFORMATION: We cut apart, separated, or otherwise Management. designate the indicated graphic distorted in perspective or appearance, [FR Doc. 2010–9757 Filed 4–26–10; 8:45 am] depiction of the National Conservation including the removal or redesign of the BILLING CODE 4310–MR–P Training Center’s ‘‘Entry-Auditorium’’ words ‘‘National Conservation Training building and the words ‘‘National Center.’’ No text will be shown in Conservation Training Center’’ as the conjunction with this logo except for the DEPARTMENT OF THE INTERIOR official logo of NCTC in Shepherdstown, approved words ‘‘National Conservation Fish and Wildlife Service West Virginia. Training Center.’’ We establish this logo for use on any The NCTC logo will always be [FWS–R9–NCTC–2009–N285; ABC–92/ training course materials, hospitality presented as a single solid color, 97300–1661–0029] products, artwork, or other promotional without gradients or other variant materials related to the training graphical treatments, with noticeable National Conservation Training Center curriculum, operations, and mission of contrast to the background on which it Logo the National Conservation Training is presented. The preferred color for the AGENCY: Fish and Wildlife Service, Center. The logo is for the express use NCTC logo is ‘‘NCTC Green’’ (PMS 5555 Interior. of NCTC’s management and staff for or C56/M35/Y46/K5 or R119/G140/ ACTION: Notice. uses including course notebooks, guest B133). Secondary preferred colors are room writing tablets and envelopes, ‘‘NCTC Red’’ (PMS 7428 or C0/M80/ SUMMARY: We, the U.S. Fish and beverage containers, on-campus signs Y45/K55 or R132/G43/B55) or 100 Wildlife Service, announce our and banners, and studio-set artwork for percent Black. adoption of a representation logo for the distance-learning television broadcasts. The NCTC logo will not be Fish and Wildlife Service’s National No one outside of the FWS may use the reproduced smaller than 1 inch wide or Conservation Training Center (NCTC, logo ‘‘without’’ the approval of the with a font size smaller than 4.5 points. Center) in Shepherdstown, West Director of the FWS. Any unauthorized The Graphic Design and Publishing Virginia. We will use this new logo as use of the logo will constitute a Branch of the National Conservation the Center’s official graphic violation 18 U.S.C. 701 and subject the Training Center is solely responsible for representation, for the specific purpose violator to possible fines and the management and use of the NCTC of providing a unified, consistent visual imprisonment. Examples of approved logo, and for guaranteeing adherence to image for the Center’s training products uses by outside groups could include, requirements governing the use of this and other items, including course but are not limited to, stationery, logo, including communicating logo

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specifications to contract printers and The new NCTC logo is reproduced Dated: April 2, 2010. vendors that have been authorized to below. Rowan W. Gould, produce materials or products carrying Acting Director, U.S. Fish and Wildlife the NCTC logo. Service.

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[FR Doc. 2010–9732 Filed 4–26–10; 8:45 am] allow us to authenticate any scientific or rufomitratus) from Makerere University BILLING CODE 4310–55–P commercial data you include. Biological Field Station, Fort Portal, The comments and recommendations Uganda, for the purpose of enhancement that will be most useful and likely to of the species through scientific DEPARTMENT OF THE INTERIOR influence agency decisions are: (1) research. This notification covers Those supported by quantitative activities to be conducted by the Fish and Wildlife Service information or studies; and (2) Those applicant over a 1–year period. that include citations to, and analyses [FWS-R9-IA-2010-N086] Multiple Applicants [96300-1671-0000-P5] of, the applicable laws and regulations. We will not consider or include in our The following applicants each request Receipt of Applications for Permit administrative record comments we a permit to import the sport-hunted receive after the close of the comment trophy of one male bontebok AGENCY: Fish and Wildlife Service, period (see DATES) or comments (Damaliscus pygargus pygargus) culled Interior. delivered to an address other than those from a captive herd maintained under ACTION: Notice of receipt of applications listed above (see ADDRESSES). the management program of the for permit. Republic of South Africa, for the B. May I Review Comments Submitted purpose of enhancement of the survival SUMMARY: We, the U.S. Fish and by Others? Wildlife Service, invite the public to of the species. Comments, including names and comment on the following applications street addresses of respondents, will be Applicant: Frank Verlin Callahan, to conduct certain activities with available for public review at the Bastrop, TX; PRT-03117A endangered species. With some address listed under ADDRESSES. The Applicant: Luis Federico Carlos exceptions, the Endangered Species Act public may review documents and other Mendoza, Mayaguez, PR; PRT-09009A (ESA) prohibits activities with listed information applicants have sent in species unless a Federal permit is issued Applicant: Rodney Peterson, Parkers support of the application unless our that allows such activities. The ESA Prairie, MN; PRT-09558A allowing viewing would violate the requires that we invite public comment Privacy Act or Freedom of Information Applicant: Robert Lange, Glenwood, before issuing these permits. Act. Before including your address, MN; PRT-09584A DATES: We must receive requests for phone number, e-mail address, or other documents or comments on or before personal identifying information in your Dated: April 16, 2010 May 27, 2010. comment, you should be aware that Brenda Tapia ADDRESSES: Brenda Tapia, Division of your entire comment—including your Program Analyst, Branch of Permits, Division Management Authority, U.S. Fish and personal identifying information—may of Management Authority Wildlife Service, 4401 North Fairfax be made publicly available at any time. [FR Doc. 2010–9659 Filed 4–26– 10; 8:45 am] Drive, Room 212, Arlington, VA 22203; While you can ask us in your comment BILLING CODE 4310–55–S fax (703) 358-2280; or e-mail to withhold your personal identifying [email protected]. information from public review, we FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to DEPARTMENT OF JUSTICE Brenda Tapia, (703) 358-2104 do so. Office of Justice Programs (telephone); (703) 358-2280 (fax); II. Background [email protected] (e-mail). [OJP (NIJ) Docket No. 1513] SUPPLEMENTARY INFORMATION: To help us carry out our conservation responsibilities for affected species, the Draft NIJ Duty Holster Retention I. Public Comment Procedures Endangered Species Act of 1973, section Standard for Law Enforcement A. How Do I Request Copies of 10(a)(1)(A), as amended (16 U.S.C. 1531 et seq.), require that we invite public AGENCY: National Institute of Justice, Applications or Comment on Submitted Department of Justice. Applications? comment before final action on these permit applications. ACTION: Notice of Draft NIJ Duty Holster Send your request for copies of Retention Standard for Law applications or comments and materials III. Permit Applications Enforcement and Certification Program concerning any of the applications to Endangered Species Requirements. the contact listed under ADDRESSES. Please include the Federal Register Applicant: Los Angeles Zoo & Botanical SUMMARY: In an effort to obtain notice publication date, the PRT- Garden, Los Angeles, CA; PRT-06373A comments from interested parties, the number, and the name of the applicant The applicant requests a permit to U.S. Department of Justice, Office of in your request or submission. We will export one male captive-born yellow- Justice Programs, National Institute of not consider requests or comments sent footed rock wallaby (Petrogale Justice will make available to the to an e-mail or address not listed under xanthopus) to the Museum de general public two draft documents: (1) ADDRESSES. If you provide an email Besancon, Besancon, France for the A draft standard entitled, ‘‘NIJ Duty address in your request for copies of purpose of enhancement of the survival Holster Retention Standard for Law applications, we will attempt to respond or the species in cooperation with the Enforcement’’ and (2) a draft companion to your request electronically. Government of Australia. document entitled, ‘‘NIJ Duty Holster Please make your requests or Retention Certification Program comments as specific as possible. Please Applicant: Bryce Carlson/Emory Requirements.’’ The opportunity to confine your comments to issues for University, Atlanta, GA; PRT-00568A provide comments on these two which we seek comments in this notice, The applicant requests a permit to documents is open to industry technical and explain the basis for your import biological samples from common representatives, law enforcement comments. Include sufficient chimpanzee (Pan troglodytes) and Tana agencies and organizations, research, information with your comments to river red colobus (Piliocolobus development and scientific

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communities, and all other stakeholders Administrator with respect to particular permitted. Written questions and and interested parties. Those functions and aspects of OJJDP; and comments from attendees may be individuals wishing to obtain and advising the President and Congress invited. provide comments on the draft with regard to State perspectives on the Jeff Slowikowski, documents under consideration are operation of OJJDP and Federal directed to the following Web site: legislation pertaining to juvenile justice Acting Administrator, Office of Juvenile Justice and Delinquency Prevention. http://www.justnet.org. and delinquency prevention. More [FR Doc. 2010–9697 Filed 4–26–10; 8:45 am] DATES: Comments must be received on information may be found at http:// or before June 11, 2010. www.facjj.org. BILLING CODE 4410–18–P FOR FURTHER INFORMATION CONTACT: Meeting Agenda Vanessa Castellanos, by telephone at Tuesday, May 11, 2010 202–514–5272 [Note: this is not a toll- DEPARTMENT OF LABOR free telephone number], or by e-mail at 8:30 to 9:15 a.m—Welcome and [email protected]. Opening. Office of the Secretary Kristina Rose, 9:15–11:30 a.m.—Discussion of Juvenile Justice Issues with Coordinating Submission for OMB Review: Acting Director, National Institute of Justice. Council Issue Team Members. Comment Request [FR Doc. 2010–9633 Filed 4–26–10; 8:45 am] 11:30–11:45 a.m—Overview of the 2010 April 22, 2010. BILLING CODE 4410–18–P Annual Report Drafts and Instructions for Review. The Department of Labor (DOL) hereby announces the submission of the DEPARTMENT OF JUSTICE 11:45 a.m.–1:15 p.m.—Working Lunch: FACJJ Subcommittee Meetings following public information collection request (ICR) to the Office of Office of Justice Programs (closed). 1:15 pm–2:45 p.m.—Review and Management and Budget (OMB) for [OJP (OJJDP) Docket No. 1516] Discussion of Drafts—Small Groups. review and approval in accordance with 2:45–3 p.m.—Break. the Paperwork Reduction Act of 1995 Meeting of the Federal Advisory 3–4 p.m.—Work on Annual Report— (Pub. L. 104–13, 44 U.S.C. chapter 35). Committee on Juvenile Justice Small Groups. A copy of this ICR, with applicable AGENCY: Office of Juvenile Justice and 4–5:15 p.m.—Group Report Outs and supporting documentation; including Delinquency Prevention, Office of Next Steps. among other things a description of the Justice Programs, Justice 5:15–5:30 p.m.—FACJJ Subcommittee likely respondents, proposed frequency of response, and estimated total burden ACTION: Notice of meeting. Report Outs. may be obtained from the RegInfo.gov SUMMARY: The Office of Juvenile Justice Wednesday, May 12, 2010 Web site at http://www.reginfo.gov/ and Delinquency Prevention (OJJDP) 8–8:40 a.m—Welcome, Opening. public/do/PRAMain or by contacting announces the Spring meeting of the 8:40–10 a.m.—Continuation of Work on Darrin King on 202–693–4129 (this is Federal Advisory Committee on Annual Reports. not a toll-free number)/e-mail: Juvenile Justice (FACJJ), to be held in 10–10:15 a.m.—Break. [email protected]. Washington, DC May 11–May 12, 2010. 10:15–11:45 p.m.—Further Discussion Interested parties are encouraged to Dates and Locations: The meeting of Annual Reports, Approval of the send comments to the Office of times and locations are as follows: 2010 Annual Reports and Other Information and Regulatory Affairs, Tuesday, May 11, 2010 8:30 a.m. to 5:30 Business. Attn: OMB Desk Officer for the p.m. and Wednesday, May 12, 2010 8:30 11:45–Noon—Summary and Department of Labor—Employee a.m. to 12:00 p.m. The meeting will take Adjournment. Benefits Security Administration place in the 3rd floor main conference For security purposes, members of the (EBSA), Office of Management and room of the Office of Justice Programs, FACJJ and of the public who wish to Budget, Room 10235, Washington, DC 810 Seventh Street NW., Washington, attend, must pre-register online at 20503, Telephone: 202–395–7316/Fax: DC 20531. http://www.facjj.org by Friday, May 7, 202–395–5806 (these are not toll-free FOR FURTHER INFORMATION CONTACT: 2010. Should problems arise with web numbers), E-mail: _ Robin Delany-Shabazz, Designated registration, call Daryel Dunston at 240– OIRA [email protected] within Federal Official, OJJDP, Robin.Delany- 221–4343. [Note: these are not toll-free 30 days from the date of this publication [email protected], or 202–307–9963. telephone numbers.] Photo in the Federal Register. In order to [Note: This is not a toll-free number.] identification will be required. ensure the appropriate consideration, SUPPLEMENTARY INFORMATION: The Additional identification documents comments should reference the OMB Federal Advisory Committee on may be required. Space is limited. Control Number (see below). Juvenile Justice (FACJJ), established The OMB is particularly interested in pursuant to section 3(2)A of the Federal Written Comments comments which: Advisory Committee Act (5 U.S.C. Interested parties may submit written • Evaluate whether the proposed App.2), will meet to carry out its comments by Friday, May 7, 2010, to collection of information is necessary advisory functions under Section Robin Delany-Shabazz, Designated for the proper performance of the 223(f)(2)(C–E) of the Juvenile Justice and Federal Official for the Federal Advisory functions of the agency, including Delinquency Prevention Act of 2002. Committee on Juvenile Justice, OJJDP, at whether the information will have The FACJJ is composed of one [email protected]. practical utility; representative from each state and Alternatively, fax your comments to • Evaluate the accuracy of the territory. FACJJ duties include: 202–307–2819 and call Joyce Mosso agency’s estimate of the burden of the reviewing Federal policies regarding Stokes at 202–305–4445 to ensure its proposed collection of information, juvenile justice and delinquency receipt. [Note: These are not toll-free including the validity of the prevention; advising the OJJDP numbers.] No oral presentations will be methodology and assumptions used;

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• Enhance the quality, utility, and exemption, are also intended to ensure increased 21.2 percent from its 2001 clarity of the information to be that plan fiduciaries have adequate annual average of 530.4 to its 2009 collected; and information to make an informed annual average of 642.658. Using 1974 • Minimize the burden of the decision regarding the plan’s initial and as a base (1974=100), I certify that the collection of information on those who continued participation in the United States City Average All Items are to respond, including through the investment manager’s cross-trading Consumer Price Index for All Urban use of appropriate automated, program. Consumers thus increased 335.1 percent electronic, mechanical, or other For additional information, see from its 1974 annual average of 100 to technological collection techniques or related notice published in the Federal its 2009 annual average of 435.110. other forms of information technology, Register on December 31, 2009 (Vol. 74, Using 2001 as a base (2001=100), I e.g., permitting electronic submission of page 69365). certify that the United States City responses. Darrin A. King, Average All Items Consumer Price Index Agency: Employee Benefits Security for All Urban Consumers thus increased Departmental Clearance Officer. Administration. 21.2 percent from its 2001 annual Type of Review: Extension without [FR Doc. 2010–9721 Filed 4–26–10; 8:45 am] average of 100 to its 2009 annual change of a currently approved BILLING CODE 4510–29–P average of 121.165. Using 2006 as a base collection. (2006=100), I certify that the United Title of Collection: Final Rule on States City Average All Items Consumer DEPARTMENT OF LABOR Statutory Exemption for Cross-Trading Price Index for All Urban Consumers of Securities. Office of the Secretary thus increased 6.4 percent from its 2006 OMB Control Number: 1210–0130. annual average of 100 to its 2009 annual Affected Public: Private sector. average of 106.418. Estimated Number of Respondents: All Items Consumer Price Index for All 274. Urban Consumers; United States City Signed at Washington, DC, on April 19, Total Estimated Annual Burden Average 2010. Hours: 2,859. Pursuant to Section 33105(c) of Title Hilda L. Solis, Total Estimated Annual Costs Burden 49, United States Code, and the Secretary of Labor. (excludes hourly wage costs): $12,309. delegation of the Secretary of [FR Doc. 2010–9740 Filed 4–26–10; 8:45 am] Description: The Regulation on Transportation’s responsibilities under BILLING CODE 4510–24–P Statutory Exemption for Cross-Trading that Act to the Administrator of the of Securities (29 CFR 2550.408b–19) Federal Highway Administration (49 implements the content requirements CFR, Section 501.2 (a)(9)), the Secretary DEPARTMENT OF LABOR for the written cross-trading policies of Labor has certified to the Office of the Assistant Secretary for and procedures required under section Administrator and published this notice Veterans’ Employment and Training 408(b)(19)(H) of the Employee in the Federal Register that the United Retirement Income Security Act of 1974 States City Average All Items Consumer (ERISA), as added by section 611(g) of Urban Non-Urban Homeless Female Price Index for All Urban Consumers Veterans and Homeless Veterans With the Pension Protection Act of 2006, (1967=100) increased 106.6 percent Public Law 109–280 (PPA). Section Families’ Reintegration Into from its 1984 annual average of 311.1 to Employment 611(g)(1) of the PPA created a statutory its 2009 annual average of 642.658. exemption, added to section 408(b) of AGENCY: Veterans’ Employment and ERISA as subsection 408(b)(19), that Signed at Washington, DC, on April 19, 2010. Training Service, Department of Labor. exempts from the prohibitions of Announcement Type: New Notice of Hilda L. Solis, sections 406(a)(1)(A) and 406(b)(2) of Availability of Funds and Solicitation ERISA those cross-trading transactions Secretary of Labor. for Grant Applications. The full involving the purchase and sale of a [FR Doc. 2010–9735 Filed 4–26–10; 8:45 am] announcement is posted on security between an account holding BILLING CODE 4510–24–P www.grants.gov. assets of a pension plan and any other Funding Opportunity Number: SGA account managed by the same 10–03 investment manager, provided that DEPARTMENT OF LABOR Key Dates: The closing date for receipt certain conditions are satisfied. of applications is May 27, 2010 via Office of the Secretary The information collection provisions http://www.grants.gov. of the Department’s final cross-trading All Items Consumer Price Index for All Funding Opportunity Description: policies and procedure regulation (29 Urban Consumers United States City The U.S. Department of Labor CFR 2550.408b–19) carry out the Average (USDOL), Veterans’ Employment and Congressional directive to specify the Training Service (VETS) announces a contents of the policies and procedures Pursuant to Section 112 of the 1976 grant competition for organizations that required under the statutory exemption. amendments to the Federal Election will provide comprehensive services The Department believes the collections Campaign Act (Pub. L. 94–283, 2 U.S.C. ‘‘through a client-centered case are necessary to safeguard plan assets by 441a(c)(2)(B)(ii)), the Secretary of Labor management approach’’ that addresses requiring that investment managers has certified to the Chairman of the complex problems facing Homeless relying on the statutory exemption effect Federal Election Commission and Female Veterans and/or Veterans with cross-trades in accordance with policies publishes this notice in the Federal Families eligible to transition into and procedures that are fair and Register that the United States City gainful employment. Section 2021 of equitable to all accounts participating in Average All Items Consumer Price Index Title 38 of the United States Code the cross-trading program. The for All Urban Consumers (1967=100) (U.S.C.) requires the Secretary of Labor information collection provisions of the increased 335.1 percent from its 1974 (the Secretary) to conduct, directly or regulation, along with other annual average of 147.7 to its 2009 through grant or contract, such requirements of the statutory annual average of 642.658 and that it programs as the Secretary determines

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appropriate to provide job training, ‘‘green’’ building materials. The NAICS MERIT SYSTEMS PROTECTION counseling, and placement services industry code for this enterprise is: BOARD (including job readiness, literacy 327331 Concrete Block and Brick training, and skills training) to expedite Manufacturing. Publication of Open Government the reintegration of homeless Veterans Directive into the labor force. Veterans who DATES: All interested parties may submit AGENCY: U.S. Merit Systems Protection received a ‘‘dishonorable’’ discharge are comments in writing no later than May Board. ineligible for HVRP services. Priority of 11, 2010. Copies of adverse comments service for Veterans in all Department of received will be forwarded to the ACTION: NOTICE: Solicitation of public Labor funded training programs is applicant noted above. comment. established in 38 U.S.C. 4215. ADDRESSES: SUMMARY: On April 7, 2010, the U.S. HVRP grants are intended to address Address all comments Merit Systems Protection Board (MSPB two objectives: (1) to provide services to concerning this notice to Anthony D. or Board) published MSPB’s Open assist in reintegrating homeless veterans Dais, U.S. Department of Labor, Government Plan pursuant to direction into meaningful employment within the Employment and Training set forth in President Obama’s January labor force, and (2) to stimulate the Administration, 200 Constitution 21, 2009, Memorandum on development of effective service Avenue, NW., Room S–4231, Transparency and Open Government, delivery systems that will address the Washington, DC 20210; or e-mail and the Office of Management and complex problems facing homeless [email protected]; or transmit via Budget’s (OMB) December 8, 2009, Veterans. fax (202) 693–3015 (this is not a toll-free Open Government Directive. The MSPB The full Solicitation for Grant number). is hereby requesting public comment on Application is posted on http:// FOR FURTHER INFORMATION CONTACT: MSPB’s Open Government Plan. www.grants.gov under U.S. Department of Labor/VETS. Applications submitted Anthony D. Dais, at telephone number DATES: Submit comments concerning through http://www.grants.gov or hard (202) 693–2784 (this is not a toll-free the MSPB Open Government Plan by copy will be accepted. If you need to number). May 27, 2010 to ensure prompt consideration by MSPB’s Open speak to a person concerning these SUPPLEMENTARY INFORMATION: Section grants, you may telephone Cassandra Government Working Group. Comments 188 of the Consolidated Farm and Rural received after May 27, 2010 will also be Mitchell at 202–693–4570 (not a toll- Development Act of 1972, as established free number). If you have issues provided to MSPB’s Open Government under 29 CFR Part 75, authorizes the regarding access to the http:// Working Group. United States Department of Agriculture www.grants.gov Web site, you may ADDRESSES: Comments may be mailed to telephone the Contact Center Phone at to make or guarantee loans or grants to William D. Spencer, Clerk of the Board, 1–800–518–4726. finance industrial and business Merit Systems Protection Board, 1615 M activities in rural areas. The Secretary of Street, NW., Washington, DC 20419, or Signed at Washington, DC, this 22nd day Labor must review the application for of April 2010. e-mailed to [email protected]. financial assistance for the purpose of Cassandra R. Mitchell, FOR FURTHER INFORMATION CONTACT: certifying to the Secretary of Agriculture William D. Spencer, Clerk of the Board, Grant Officer. that the assistance is not calculated, or [FR Doc. 2010–9733 Filed 4–26–10; 8:45 am] Merit Systems Protection Board, 1615 M likely, to result in: (a) A transfer of any Street, NW., Washington, DC 20419. BILLING CODE 4510–79–P employment or business activity from SUPPLEMENTARY INFORMATION: On one area to another by the loan January 21, 2009, President Obama DEPARTMENT OF LABOR applicant’s business operation; or, (b) issued a memorandum titled An increase in the production of goods, ‘‘Transparency and Open Government’’ Employment and Training materials, services, or facilities in an (Presidential Memorandum). The Administration area where there is not sufficient Presidential Memorandum set forth the demand to employ the efficient capacity administration’s commitment to Request for Certification of of existing competitive enterprises creating an unprecedented level of Compliance—Rural Industrialization unless the financial assistance will not openness in government built upon Loan and Grant Program have an adverse impact on existing three principles: (1) Transparency—the AGENCY: Employment and Training competitive enterprises in the area. The government should provide the public Administration, Labor. Employment and Training with information about its activities; (2) Participation—the government should ACTION: Notice. Administration within the Department of Labor is responsible for the review provide the public with the opportunity SUMMARY: The Employment and and certification process. Comments to participate in policy-making; and (3) Training Administration is issuing this should address the two bases for Collaboration—departments and notice to announce the receipt of a certification and, if possible, provide agencies should collaborate with all ‘‘Certification of Non-Relocation and data to assist in the analysis of these levels of government, nonprofit entities, Market and Capacity Information issues. businesses, and the public. The Report’’ (Form 4279–2) for the following: Presidential Memorandum is available Applicant/Location: Aercrete, LLC/ Signed at Washington, DC, this 22nd day on the Internet at http:// Florence, Colorado. of April 2010. www.whitehouse.gov/the_press_office/ Principal Product/Purpose: The loan, Jane Oates, Transparency_and_Open_. The guarantee, or grant application is to Assistant Secretary for Employment and Presidential Memorandum also ordered allow a new business venture to Training. the Director of OMB to issue an Open renovate and re-fit an existing [FR Doc. 2010–9724 Filed 4–26–10; 8:45 am] Government Directive (Directive) manufacturing facility to produce BILLING CODE 4510–FN–P instructing executive departments and autoclaved aerated concrete (AAC) agencies to take specific actions to

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implement the principles outlined in MATTERS TO BE CONSIDERED: PLACE: Commissioners’ Conference the Presidential Memorandum. 1. Proposed Rule—Section 701.21(c) Room, 11555 Rockville Pike, Rockville, On December 8, 2009, OMB issued of NCUA’s Rules and Regulations, Maryland. the Directive. The Directive requires Short-term, Small-dollar Loans. STATUS: Public and Closed. agencies to take four specific actions 2. Waiver under Part 704 of NCUA’s within set time periods. The four Rules and Regulations. Week of April 26, 2010 specific actions are: (1) Publication of 3. Insurance Fund Report. Thursday, April 29, 2010 three high-value data sets; (2) RECESS: 11 a.m. designation of a senior agency official to 9:30 a.m. Briefing on the Fuel Cycle TIME AND DATE: be accountable for all publicly 11:15 a.m., Thursday, Oversight Process Revisions (Public disseminated Federal spending April 29, 2010. Meeting). (Contact: Michael information; (3) creation of an Open PLACE: Board Room, 7th Floor, Room Raddatz, 301–492–3108.) Government Web page; and (4) 7047, 1775 Duke Street, Alexandria, VA This meeting will be webcast live at development and publication of an 22314–3428. the Web address—http://www.nrc.gov. STATUS: Open Government Plan. The Directive is Closed. Week of May 3, 2010—Tentative available on the Internet at http:// MATTERS TO BE CONSIDERED: www.whitehouse.gov/open/documents/ 1. Consideration of Supervisory Tuesday, May 4, 2010 open-government-directive. An agency’s Activities. Closed pursuant to 9:30 a.m. Briefing on Human Capital Open Government Plan, according to Exemptions (8), (9)(A)(ii) and 9(B). and Equal Employment the Directive, ‘‘is the public roadmap 2. Personnel. Closed pursuant to Opportunity (Public Meeting) that details how [the] agency will Exemption (2). (Contact: Kristin Davis, 301–415– incorporate the principles of the FOR FURTHER INFORMATION CONTACT: 2673.) President’s January 21, 2009, Mary Rupp, Secretary of the Board, This meeting will be webcast live at Memorandum on Transparency and Telephone: 703–518–6304 the Web address—http://www.nrc.gov. Open Government into the core mission 10:30 a.m. Discussion of Management ’’ Mary Rupp, objectives of [the] agency. Open Issues (Closed—Ex. 2). Government Plans are to set forth how Board Secretary. each agency plans to improve [FR Doc. 2010–9806 Filed 4–23–10; 11:15 am] Week of May 10, 2010—Tentative transparency, public participation, and BILLING CODE 7535–01–P Tuesday, May 11, 2010 collaboration. Open Government Plans are also required to describe at least one 9:30 a.m. Briefing on Federal and State ‘‘flagship initiative’’ the agency is NATIONAL CREDIT UNION Materials and Environmental already implementing or will ADMINISTRATION Management Programs (FSME) implement to improve transparency, Programs, Performance, & Future public participation, or collaboration. Sunshine Act; Notice of Agency Plans (Public Meeting). (Contact: MSPB’s Open Government Plan was Meeting George Deegan, 301–415–7834.) published on April 7, 2010, and is This meeting will be webcast live at TIME AND DATE: available on MSPB’s open government 10 a.m., Friday, April 23, the Web address—http://www.nrc.gov. Web page at http://www.mspb.gov/ 2010. open/index.htm. The MSPB hereby PLACE: Board Room, 7th Floor, Room Week of May 17, 2010—Tentative invites comments on MSPB’s Open 7047, 1775 Duke Street, Alexandria, VA There are no meetings scheduled for Government Plan, suggestions 22314–3428. the week of May 17, 2010. concerning how MSPB can improve STATUS: Closed. Week of May 24, 2010—Tentative openness in government through greater MATTER TO BE CONSIDERED: transparency, participation and 1. Consideration of Supervisory Thursday, May 27, 2010 collaboration, and suggestions Activities. Closed pursuant to 9:30 a.m. Briefing on the Results of the concerning the high value data and Exemptions (8) and (9)(A)(ii). Agency Action Review Meeting other information the public would like FOR FURTHER INFORMATION CONTACT: (AARM) (Public Meeting). (Contact: MSPB to disclose. Mary Rupp, Secretary of the Board, Nathan Sanfilippo, 301–415–3951.) Dated: April 22, 2010. Telephone: 703–518–6304. This meeting will be webcast live at William D. Spencer, Mary Rupp, the Web address—www.nrc.gov. Clerk of the Board. Board Secretary. Week of May 31, 2010—Tentative [FR Doc. 2010–9706 Filed 4–26–10; 8:45 am] [FR Doc. 2010–9808 Filed 4–23–10; 11:15 am] BILLING CODE 7401–01–P There are no meetings scheduled for BILLING CODE P the week of May 31, 2010. *The schedule for Commission NATIONAL CREDIT UNION meetings is subject to change on short ADMINISTRATION NUCLEAR REGULATORY notice. To verify the status of meetings, COMMISSION call (recording)—(301) 415–1292. Sunshine Act; Notice of Agency Contact person for more information: Meeting [NRC–2010–0002] Rochelle Bavol, (301) 415–1651. The NRC Commission Meeting TIME AND DATE: 10 a.m., Thursday, April Sunshine Federal Register Notice Schedule can be found on the Internet 29, 2010. at: http://www.nrc.gov/about-nrc/policy- PLACE: Board Room, 7th Floor, Room AGENCY HOLDING THE MEETINGS: Nuclear making/schedule.html. 7047, 1775 Duke Street, Alexandria, VA Regulatory Commission. The NRC provides reasonable 22314–3428. DATES: Weeks of April 26, May 3, 10, 17, accommodation to individuals with STATUS: Open. 24, 31, 2010. disabilities where appropriate. If you

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need a reasonable accommodation to Primary Counties: York. Administration, Processing and participate in these public meetings, or Contiguous Counties: Disbursement Center, 14925 Kingsport need this meeting notice or the Maine: Cumberland, Oxford. Road, Fort Worth, TX 76155. transcript or other information from the New Hampshire: Carroll, FOR FURTHER INFORMATION CONTACT: A. public meetings in another format (e.g. Rockingham, Strafford. Escobar, Office of Disaster Assistance, braille, large print), please notify Angela The Interest Rates are: U.S. Small Business Administration, Bolduc, Chief, Employee/Labor 409 3rd Street, SW., Suite 6050, Relations and Work Life Branch, at Percent Washington, DC 20416. 301–492–2230, TDD: 301–415–2100, or SUPPLEMENTARY INFORMATION: Notice is by e-mail at [email protected]. For Physical Damage: Homeowners With Credit hereby given that as a result of the Determinations on requests for Available Elsewhere ...... 5.250 President’s major disaster declaration on reasonable accommodation will be Homeowners Without Credit 04/19/2010, Private Non-Profit made on a case-by-case basis. Available Elsewhere ...... 2.625 organizations that provide essential This notice is distributed Businesses With Credit Avail- services of governmental nature may file electronically to subscribers. If you no able Elsewhere ...... 6.000 disaster loan applications at the address longer wish to receive it, or would like Businesses Without Credit listed above or other locally announced to be added to the distribution, please Available Elsewhere ...... 4.000 locations. contact the Office of the Secretary, Non-Profit Organizations With Credit Available Elsewhere 3.625 The following areas have been Washington, DC 20555 (301–415–1969), determined to be adversely affected by or send an e-mail to Non-Profit Organizations Without Credit Available the disaster: [email protected]. Elsewhere ...... 3.000 Primary Counties: Dated: April 22, 2010. For Economic Injury: Big Stone, Blue Earth, Brown, Carver, Rochelle C. Bavol, Businesses & small agricul- Chippewa, Clay, Kittson, Lac Qui tural cooperatives without Office of the Secretary. Parle, Marshall, Norman, Polk, credit available elsewhere 4.000 Redwood, Renville, Scott, Sibley, [FR Doc. 2010–9816 Filed 4–23–10; 4:15 pm] Non-profit organizations with- Traverse, Wilkin, Yellow Medicine, BILLING CODE 7590–01–P out credit available else- and The Tribal Nation of the Upper where ...... 3.000 Sioux Community. The Interest Rates are: SMALL BUSINESS ADMINISTRATION The number assigned to this disaster for physical damage is 12126 6 and for Percent [Disaster Declaration #12126 and #12127] economic injury is 12127 0. Maine Disaster #ME–00025 The States which received an EIDL For Physical Damage: Declaration # are Maine, New Non-Profit Organizations With AGENCY: U.S. Small Business Hampshire. Credit Available Elsewhere ... 3.625 Administration. (Catalog of Federal Domestic Assistance Non-Profit Organizations With- ACTION: Notice. Numbers 59002 and 59008) out Credit Available Else- where ...... 3.000 SUMMARY: This is a notice of an April 19, 2010. For Economic Injury: Administrative declaration of a disaster Karen G. Mills, Non-Profit Organizations With- for the State of MAINE dated 04/19/ Administrator. out Credit Available Else- where ...... 3.000 2010. [FR Doc. 2010–9709 Filed 4–26–10; 8:45 am] Incident: Severe Storms and Flooding. BILLING CODE 8025–01–P Incident Period: 02/23/2010 through The number assigned to this disaster 03/31/2010. for physical damage is 121326 and for Effective Date: 04/19/2010. SMALL BUSINESS ADMINISTRATION economic injury is 121336. Physical Loan Application Deadline (Catalog of Federal Domestic Assistance Date: 06/18/2010. [Disaster Declaration #12132 and #12133] Numbers 59002 and 59008) Economic Injury (EIDL) Loan Minnesota Disaster #MN–00024 Application Deadline Date: 01/19/2011. James E. Rivera, ADDRESSES: Submit completed loan AGENCY: U.S. Small Business Associate Administrator for Disaster applications to: U.S. Small Business Administration. Assistance. Administration, Processing and ACTION: Notice. [FR Doc. 2010–9712 Filed 4–26–10; 8:45 am] Disbursement Center, 14925 Kingsport BILLING CODE 8025–01–P Road, Fort Worth, TX 76155. SUMMARY: This is a Notice of the FOR FURTHER INFORMATION CONTACT: A. Presidential declaration of a major SMALL BUSINESS ADMINISTRATION Escobar, Office of Disaster Assistance, disaster for Public Assistance Only for U.S. Small Business Administration, the State of MINNESOTA (FEMA–1900– [Disaster Declaration #12128 and #12129] 409 3rd Street, SW., Suite 6050, DR), dated 04/19/2010. Washington, DC 20416. Incident: Flooding. New York Disaster #NY–00087 Incident Period: 03/01/2010 and SUPPLEMENTARY INFORMATION: Notice is continuing. AGENCY: U.S. Small Business hereby given that as a result of the Administration. DATES: Effective Date: 04/19/2010. Administrator’s disaster declaration, ACTION: Notice. applications for disaster loans may be Physical Loan Application Deadline filed at the address listed above or other Date: 06/18/2010. SUMMARY: This is a notice of an locally announced locations. Economic Injury (EIDL) Loan Administrative declaration of a disaster The following areas have been Application Deadline Date: 01/19/2011. for the State of New York dated 04/19/ determined to be adversely affected by ADDRESSES: Submit completed loan 2010. the disaster: applications to: U.S. Small Business Incident: Severe Storms and Flooding.

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Incident Period: 03/12/2010 through SMALL BUSINESS ADMINISTRATION lack of current and accurate information 03/30/2010. concerning the securities of Buck-A– Effective Date: 04/19/2010. Region VI—Houston District; Advisory Roo$ Holding Corporation (CIK: Physical Loan Application Deadline Council Meeting; Public Meeting 1314642) because it has not filed a periodic report for any reporting period Date: 06/18/2010. The Small Business Administration- since the period ended March 31, 2008. Economic Injury (EIDL) Loan Region VI—Houston Advisory Council, Application Deadline Date: 01/19/2011. It appears to the Securities and located in the geographical Area of Exchange Commission that there is a ADDRESSES: Submit completed loan Houston, Texas will hold a federal lack of current and accurate information applications to: U.S. Small Business public meeting on—Thursday, May 20, concerning the securities of DDS Administration, Processing and 2010, starting at 10:30 a.m. The meeting Technologies USA, Inc. (CIK: 1099217) Disbursement Center, 14925 Kingsport will be conducted in the Conference because it has not filed a periodic report Road, Fort Worth, TX 76155. Room at the Small Business for any reporting period since the period Administration, 8701 S. Gessner Drive, FOR FURTHER INFORMATION CONTACT: A. ended September 30, 2006. Suite 1200, Houston, TX 77074. The It appears to the Securities and Escobar, Office of Disaster Assistance, purpose of the meeting is to discuss the U.S. Small Business Administration, Exchange Commission that there is a following. lack of current and accurate information 409 3rd Street, SW., Suite 6050, (1) Houston District Office Washington, DC 20416. concerning the securities of VECTr Performance Goals for 2009–2010. Systems Inc. (CIK: 1343259) because it SUPPLEMENTARY INFORMATION: Notice is (2) National SBA Initiatives. has not filed a periodic report for any hereby given that as a result of the (3) Markets Perception And How To reporting period since the period ended Administrator’s disaster declaration, Increase SBA Lending. September 30, 2007. applications for disaster loans may be (4) Secondary Market. The Commission is of the opinion that filed at the address listed above or other (5) Small Business Week Awards the public interest and the protection of locally announced locations. Luncheon. investors require a suspension of trading The following areas have been For further information, write to in the securities of the above-listed determined to be adversely affected by Alfreda Crawford, Business companies. Therefore, it is ordered, the disaster: Development Specialist, at the Small pursuant to section 12(k) of the Business Administration, 8701 S. Primary Counties: Securities Exchange Act of 1934, that Gessner, Suite 1200, Houston, TX 77074 trading in the securities of the above- Suffolk. or call (713) 773–6555. Contiguous Counties: listed companies is suspended for the New York: Nassau. Dan Jones, period from 9:30 a.m. EDT on April 23, 2010, through 11:59 p.m. EDT on May The Interest Rates are: White House Liaison/Committee Management Officer. 6, 2010. Percent [FR Doc. 2010–9713 Filed 4–26–10; 8:45 am] By the Commission. BILLING CODE 8025–01–P Elizabeth M. Murphy, For Physical Damage: Secretary. Homeowners With Credit Avail- able Elsewhere ...... 5.250 [FR Doc. 2010–9810 Filed 4–23–10; 4:15 pm] SECURITIES AND EXCHANGE Homeowners Without Credit BILLING CODE 8011–01–P Available Elsewhere ...... 2.625 COMMISSION Businesses With Credit Avail- [File No. 500–1] able Elsewhere ...... 6.000 SECURITIES AND EXCHANGE Businesses Without Credit ADSOUTH PARTNERS, Inc., American COMMISSION Available Elsewhere ...... 4.000 Racing Capital, Inc., Buck-A–Roo$ [File No. 500–1] Non-Profit Organizations With Holding Corporation, DDS Credit Available Elsewhere ... 3.625 Non-Profit Organizations With- Technologies USA, Inc., and VECTr Global Medical Products Holdings, out Credit Available Else- Systems Inc.; Order of Suspension of Inc., Order of Suspension of Trading where ...... 3.000 Trading For Economic Injury: April 23, 2010. Businesses & Small Agricultural April 23, 2010. It appears to the Securities and Cooperatives Without Credit It appears to the Securities and Exchange Commission that there is a Available Elsewhere ...... 4.000 Exchange Commission that there is a lack of current and accurate information Non-Profit Organizations Without lack of current and accurate information concerning the securities of Global Credit Available Elsewhere ...... 3.000 concerning the securities of ADSOUTH Medical Products Holdings, Inc. because PARTNERS, Inc. (CIK: 1158235) because it has not filed any periodic reports The number assigned to this disaster it has not filed a periodic report for any since the period ended June 30, 2003. for physical damage is 12128 6 and for reporting period since the period ended The Commission is of the opinion that economic injury is 12129 0. September 30, 2006. the public interest and the protection of The State which received an EIDL It appears to the Securities and investors require a suspension of trading Declaration # is New York. Exchange Commission that there is a in the securities of the above-listed (Catalog of Federal Domestic Assistance lack of current and accurate information company. Therefore, it is ordered, Numbers 59002 and 59008) concerning the securities of American pursuant to Section 12(k) of the Racing Capital, Inc. (CIK: 1103086) Securities Exchange Act of 1934, that Dated: April 19, 2010. because it has not filed a periodic report trading in the securities of the above- Karen G. Mills, for any reporting period since the period listed company is suspended for the Administrator. ended March 31, 2008. period from 9:30 a.m. EDT on April 23, [FR Doc. 2010–9711 Filed 4–26–10; 8:45 am] It appears to the Securities and 2010, through 11:59 p.m. EDT on BILLING CODE 8025–01–P Exchange Commission that there is a May 6, 2010.

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By the Commission. ‘‘Exchange’’) filed with the Securities such director would be required to Elizabeth M. Murphy, and Exchange Commission tender his or her resignation to the Secretary. (‘‘Commission’’), pursuant to Section Nominating and Governance Committee [FR Doc. 2010–9811 Filed 4–23–10; 4:15 pm] 19(b)(1) of the Securities Exchange Act of the Board (or another committee 1 BILLING CODE 8011–01–P of 1934 (‘‘Act’’), and Rule 19b–4 designated by the Board), and such thereunder,2 a proposed rule change to committee would recommend to the amend the By-Laws of its parent Board whether to accept or reject such SECURITIES AND EXCHANGE corporation, NYSE Euronext resignation or whether other action COMMISSION (‘‘Corporation’’). The proposed rule should be taken. The Board would then change was published for comment in act on the recommendation of such [Release No. 34–61953; File No. SR– the Federal Register on March 18, committee and publicly disclose its NYSEArca–2010–07] 2010.3 The Commission received no decision regarding the tendered Self-Regulatory Organizations; NYSE comment letters on the proposed rule resignation and the rationale behind the Arca, Inc.; Notice of Withdrawal of change. This order approves the decision.4 Proposed Rule Change Relating to proposed rule change. Pursuant to the proposed amendment Listing of AdvisorShares WCM/BNY On behalf of the Corporation, NYSE to the By-Laws, if the Board accepts a Mellon Focused Growth ADR ETF proposed to make certain amendments director’s resignation as part of the to the Corporation’s By-Laws to modify process described above for uncontested April 21, 2010. its direct election procedures. Under the elections, or if a nominee for director is On February 23, 2010, NYSE Arca, existing By-Laws, directors are elected not elected and the nominee is not an Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’), by a plurality of the votes of the shares incumbent director, the Board may (i) through its wholly owned subsidiary, present in person or represented by fill the remaining vacancy as provided NYSE Arca Equities, Inc. (‘‘NYSE Arca proxy at the meeting and entitled to vote in Section 3.6 of the By-Laws and Equities’’), filed with the Securities and on the election of directors. Under the Article VI, Section 6 of the Certificate of Exchange Commission (‘‘Commission’’), Corporation’s corporate governance Incorporation (involving a majority vote pursuant to Section 19(b)(1) of the guidelines previously adopted by the of the remaining directors then in office, Securities Exchange Act of 1934 Board, however, any director nominee though less than a quorum, or by the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a in an uncontested election (being an sole remaining director) or (ii) decrease proposed rule change to list and trade election in which the number of the size of the Board as provided in shares (‘‘Shares’’) of the AdvisorShares nominees equals the number of Section 3.1 of the Bylaws and Article VI, WCM/BNY Mellon Focused Growth directors to be elected) who receives a Section 3 of the Certificate of ADR ETF (the ‘‘Fund’’) under NYSE greater number of ‘‘withheld’’ votes than Incorporation (involving adoption of a Arca Equities Rule 8.600 (Managed ‘‘for’’ votes (including any ‘‘against’’ resolution by two-thirds of the directors Fund Shares). The proposed rule change votes if that option were to be made then in office). was published in the Federal Register available on the proxy card) must After careful review, the Commission on March 10, 2010.3 No comments were immediately tender his or her finds that the proposed rule change is received on the proposal. On April 9, resignation from the Board. consistent with the requirements of the 2010, the Exchange withdrew the NYSE proposed to amend the Act and the rules and regulations proposed rule change. Corporation’s By-Laws to add an thereunder applicable to a national explicit majority voting provision for securities exchange.5 In particular, the For the Commission, by the Division of Commission finds that the proposed Trading and Markets, pursuant to delegated uncontested director elections that authority.4 would replace the plurality vote rule change is consistent with Section 6(b)(1) of the Act,6 which requires an Florence E. Harmon, standard for such elections that is currently in the By-Laws. Contested exchange to be so organized and have Deputy Secretary. the capacity to carry out the purposes of [FR Doc. 2010–9677 Filed 4–26–10; 8:45 am] elections would remain subject to the plurality standard. the Act and to comply and to enforce BILLING CODE 8011–01–P Under the proposed amendment to compliance by its members and persons the Bylaws, the proxy card would associated with its members with the Act. The Commission also finds that the SECURITIES AND EXCHANGE change for an uncontested election, and COMMISSION the stockholders would be given the choice to vote ‘‘for,’’ ‘‘against’’ or 4 The proposed amendment to the Bylaws also [Release No. 34–61947; File No. SR–NYSE– ‘‘abstain’’ with respect to each director provides that a director who tenders his or her 2010–18] resignation would not participate in the nominee individually. In such an recommendation by the Nominating and election, each director would be elected Governance Committee or the Board of Directors Self-Regulatory Organizations; New action regarding whether to accept the tendered York Stock Exchange LLC; Order by the vote of the majority of the votes cast with respect to such director’s resignation. If each member of the Nominating and Approving Proposed Rule Change To Governance Committee fails to receive a majority of Amend the Bylaws of NYSE Euronext election, meaning that the number of the votes cast in the same uncontested election, ‘‘ ’’ then the independent directors who received a To Adopt a Majority Voting Standard in votes cast for such director’s election exceeded the number of votes cast majority of the votes cast in such election must Uncontested Elections of Directors appoint a committee among themselves to consider ‘‘against’’ that director’s election (with the tendered resignation and recommend to the April 20, 2010. ‘‘abstentions’’ not counted as a vote Board whether to accept it. However, if the only On March 5, 2010, the New York either ‘‘for’’ or ‘‘against’’ such director’s directors who received a majority of the votes cast Stock Exchange LLC (‘‘NYSE’’ or election). If any incumbent director fails in such election constitute three or fewer directors, all directors may participate in the action regarding to receive a majority of the votes cast, whether to accept the tendered resignation. 1 15 U.S.C. 78s(b)(1). 5 In approving this proposed rule change, the 2 17 CFR 240.19b–4. 1 15 U.S.C. 78s(b)(1). Commission notes that it has considered the 3 See Securities Exchange Act Release No. 61642 2 17 CFR 240.19b–4. proposed rule’s impact on efficiency, competition, (March 3, 2010), 75 FR 11216. 3 See Securities Exchange Act Release No. 61694 and capital formation. See 15 U.S.C. 78c(f). 4 17 CFR 200.30–3(a)(12). (March 11, 2010), 75 FR 13170. 6 15 U.S.C. 78(b)(1).

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proposed rule change is consistent with ‘‘Exchange’’) filed with the Securities customer orders. In December 2009,6 the Section 6(b)(5) of the Act,7 which and Exchange Commission (the Exchange received Commission requires that the rules of the exchange ‘‘Commission’’) the proposed rule approval of a rule change to give certain be designed, among other things, to change as described in Items I and II other non-broker-dealer orders prevent fraudulent and manipulative below, which Items have been prepared (identified as ‘‘Professional’’ orders) the acts and practices, to promote just and by the self-regulatory organization. The priority given broker-dealer orders equitable principles of trade, to remove Exchange filed the proposal as a ‘‘non- rather than the priority given to public impediments to and perfect the controversial’’ proposed rule change customer orders. The rules changed the mechanism of a free and open market pursuant to Section 19(b)(3)(A)(iii) of execution priority in various Exchange and a national market system, and, in the Act 3 and Rule 19b–4(f)(6) execution rules as they existed in general, to protect investors and the thereunder.4 The Commission is August 2008 and December 2009, public interest. publishing this notice to solicit respectively. After reviewing its The Commission believes that the comments on the proposed rule change execution rules, the Exchange has proposed rule change to amend the from interested persons. determined to eliminate a feature within Corporation’s By-Laws to adopt a its execution rules pertaining to I. Self-Regulatory Organization’s majority vote standard for uncontested customer-to-customer immediate cross Statement of the Terms of Substance of elections is consistent with the Act. The orders related to Voluntary the Proposed Rule Change Commission believes that the proposed Professionals and Professionals. rule change is designed to allow the The Exchange is proposing to Specifically, the Exchange is proposing members of the Corporation’s Board of eliminate a feature and revise outdated to amend the execution rules as follows: Directors to be elected in a manner that text regarding certain of its execution Rule 6.74A.09 pertains to customer- closely reflects the desires of its rules. The text of the proposed rule to-customer immediate cross orders. shareholders, while also providing a change is available on CBOE’s Web site Under this provision, the Exchange may process for addressing the circumstance at http://www.cboe.org, on the determine whether the customer-to- when a director fails to receive a Commission’s Web site at http:// customer immediate cross functionality majority of votes in an uncontested www.sec.gov, and at the Commission’s will be available on a class-by-class election.8 Public Reference Room. basis. If the functionality is available, an It is therefore ordered, pursuant to agency order for the account of a non- II. Self-Regulatory Organization’s Section 19(b)(2) of the Act, that the broker-dealer customer may be paired Statement of the Purpose of, and proposed rule change (SR–NYSE–2010– with a solicited order for the account of Statutory Basis for, the Proposed Rule 18) be, and it hereby is, approved. a non-broker-dealer customer and such Change orders will be crossed without any For the Commission, by the Division of In its filing with the Commission, the auction exposure period, provided Trading and Markets, pursuant to delegated certain conditions are met. For purposes authority.9 self-regulatory organization included of this provision, the rule provides that statements concerning the purpose of, Florence E. Harmon, Voluntary Professional and Professional and basis for, the proposed rule change Deputy Secretary. orders may be considered customer and discussed any comments it received [FR Doc. 2010–9679 Filed 4–26–10; 8:45 am] agency orders or solicited orders.7 on the proposed rule change. The text BILLING CODE 8011–01–P However, the system does not currently of those statements may be examined at recognize Voluntary Professional and the places specified in Item IV below. Professional orders as customer orders The Exchange has prepared summaries, SECURITIES AND EXCHANGE for purposes of the customer-to- set forth in sections A, B, and C below, COMMISSION customer immediate cross. Thus, the of the most significant parts of such proposed rule change narrows the [Release No. 34–61946; File No. SR–CBOE– statements. 2010–032] definition of customer-to-customer A. Self-Regulatory Organization’s immediate cross orders to only public Self-Regulatory Organizations; Statement of the Purpose of, and customer orders that are not Voluntary Chicago Board Options Exchange, Statutory Basis for, the Proposed Rule Professionals or Professionals, which is Incorporated; Notice of Filing and Change consistent with the current operation of Immediate Effectiveness of Proposed the system. The rule will continue to Rule Change To Remove a Feature and 1. Purpose provide that customer-to-customer Revise Outdated Text Regarding The Exchange is proposing to immediate cross orders cannot be Certain Execution Rules eliminate a feature and revise outdated executed at the same price as any text regarding certain of its execution resting customer orders (i.e., non- April 20, 2010. rules. broker-dealer orders that are not Pursuant to Section 19(b)(1) of the In August 2008,5 the Exchange Voluntary Professional or Professional Securities Exchange Act of 1934 (the received Securities and Exchange orders).8 ‘‘ ’’ 1 2 Act ) and Rule 19b–4 thereunder, Commission (‘‘Commission’’) approval notice is hereby given that, on April 5, of a rule change to give certain non- 6 Securities Exchange Act Release No. 61198 (December 17, 2009), 74 FR 68880 (December 29, 2010, Chicago Board Options Exchange, broker-dealer orders (identified as Incorporated (‘‘CBOE’’ or the 2009) (SR–CBOE–2009–078). ‘‘Voluntary Professional’’ orders) the 7 See cross reference to Rule 6.74A.09 in Rule priority given broker-dealer orders 1.1(fff) and (ggg). 7 15 U.S.C. 78f(b)(5). 8 Under CBOE Rules 6.45A.01 through .02 and 8 rather than the priority given to public The Commission notes that NYSE represented 6.45B.01 through .02, members are required to that the proposed change would not affect the expose trading interest to the market before voting limitations contained in the Corporation’s 3 15 U.S.C. 78s(b)(3)(A)(iii). executing agency orders as principal or before certificate of incorporation. 4 17 CFR 240.19b–4(f)(6). executing agency orders against orders that were 9 17 CFR 200.30–3(a)(12). 5 Securities Exchange Act Release No. 58327 solicited from other broker-dealers (i.e., proprietary 1 15 U.S.C. 78s(b)(1). (August 7, 2008), 73 FR 47988 (August 15, 2008) and solicited crossing transactions). However, the 2 17 CFR 240.19b–4. (SR–CBOE–2008–09). CBOE options rules do not contain any limitations

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The Exchange also proposes to delete interest; (ii) does not impose any Electronic Comments a provision from Rule 6.74A.09 (which significant burden on competition; and • is proposed to be re-numbered to Rule (iii) by its terms, does not become Use the Commission’s Internet 6.74A.08) regarding customer-to- operative for 30 days from the date on comment form (http://www.sec.gov/ customer immediate cross orders that which it was filed, or such shorter time rules/sro.shtml); or was related to a block exemption from as the Commission may designate, if • Send an e-mail to rule- the old linkage rules that does not now consistent with the protection of [email protected]. Please include File exist under the distributive linkage investors and the public interest, it has Number SR–CBOE–2010–032 on the plan. become effective pursuant to Section subject line. 19(b)(3)(A) of the Act 10 and Rule 19b– 2. Statutory Basis 4(f)(6) thereunder.11 Paper Comments The basis under the Act for this A proposed rule change filed under • proposed rule change is the requirement Rule 19b–4(f)(6) 12 normally does not Send paper comments in triplicate under Section 6(b)(5) 9 that an exchange become operative prior to 30 days after to Elizabeth M. Murphy, Secretary, have rules that are designed to promote the date of the filing. However, pursuant Securities and Exchange Commission, just and equitable principles of trade, to Rule 19b–4(f)(6)(iii),13 the 100 F Street, NE., Washington, DC and to remove impediments to and Commission may designate a shorter 20549–1090. perfect the mechanism for a free and time if such action is consistent with the All submissions should refer to File open market and a national market protection of investors and the public Number SR–CBOE–2010–032. This file system, and, in general, to protect interest. The Exchange has asked the investors and the public interest. In Commission to waive the 30-day number should be included on the particular, the proposed rule change operative delay so that the proposal may subject line if e-mail is used. To help the corrects an inconsistency by eliminating become operative immediately upon Commission process and review your a feature and revises outdated text filing. comments more efficiently, please use regarding certain Exchange execution The Commission believes that only one method. The Commission will rules. waiving the 30-day operative delay is post all comments on the Commission’s consistent with the protection of Internet Web site (http://www.sec.gov/ B. Self-Regulatory Organization’s investors and the public interest. The rules/sro.shtml). Copies of the Statement on Burden on Competition Commission notes that the proposed submission, all subsequent CBOE does not believe that the rule change removes an inconsistency in amendments, all written statements proposed rule change will impose any the Exchange rules, which may with respect to the proposed rule burden on competition not necessary or eliminate member confusion and change that are filed with the appropriate in furtherance of the provide clarity on the meaning and Commission, and all written purposes of the Act. applicability of the affected rules. communications relating to the C. Self-Regulatory Organization’s Therefore, the Commission designates proposed rule change between the 14 Statement on Comments on the the proposal operative upon filing. Commission and any person, other than At any time within 60 days of the Proposed Rule Change Received From those that may be withheld from the Members, Participants, or Others filing of the proposed rule change, the Commission may summarily abrogate public in accordance with the The Exchange neither solicited nor such rule change if it appears to the provisions of 5 U.S.C. 552, will be received comments on the proposal. Commission that such action is available for Web site viewing and printing in the Commission’s Public III. Date of Effectiveness of the necessary or appropriate in the public Reference Room, 100 F Street, NE., Proposed Rule Change and Timing for interest, for the protection of investors, Washington, DC 20549, on official Commission Action or otherwise in furtherance of the purposes of the Act. business days between the hours of 10 Because the foregoing proposed rule a.m. and 3 p.m. Copies of such filing IV. Solicitation of Comments change: (i) Does not significantly affect also will be available for inspection and the protection of investors or the public Interested persons are invited to copying at the principal office of the submit written data, views, and Exchange. All comments received will or exposure requirements regarding the execution of arguments concerning the foregoing, customer orders against other customer orders. be posted without change; the Customer-to-customer immediate cross orders was including whether the proposed rule Commission does not edit personal [sic] adopted to provide a way to enter opposing change is consistent with the Act. identifying information from customer orders using a paired order type that Comments may be submitted by any of submissions. You should submit only protected customer orders on the book. See the following methods: Securities Exchange Act Release No. 57512 (March information that you wish to make 17, 2008), 73 FR 15546 (March 24, 2008) (SR– 10 available publicly. All submissions CBOE–2008–19). While only a public customer 15 U.S.C. 78s(b)(3)(A). 11 should refer to File Number SR–CBOE– order that is not a Voluntary Professional or 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Professional will be permitted to be executed using 4(f)(6)(iii) requires the self-regulatory organization 2010–032 and should be submitted on the customer-to-customer immediate cross order to submit to the Commission written notice of its or before May 18, 2010. mechanism under the proposed rule change, Rules intent to file the proposed rule change, along with 6.45A.02 and 6.45B.02 continue to allow the a brief description and text of the proposed rule For the Commission, by the Division of execution of all public customer orders (including change, at least five business days prior to the date Trading and Markets, pursuant to delegated Voluntary Professional and Professional orders) of filing of the proposed rule change, or such authority.15 without an exposure period. Members may shorter time as designated by the Commission. The continue to enter two public customer orders Exchange has satisfied this requirement. Florence E. Harmon, (including Voluntary Professional and Professional 12 17 CFR 240.19b–4(f)(6). Deputy Secretary. orders) on the Exchange with the intent to cross 13 17 CFR 240.19b–4(f)(6)(iii). [FR Doc. 2010–9678 Filed 4–26–10; 8:45 am] them without the use of the customer-to-customer 14 For purposes only of waiving the operative immediate cross order type. See cross references to delay for this proposal, the Commission has BILLING CODE 8011–01–P Rules 6.45A.02 and 6.45B.02 in Rule 1.1(fff) and considered the proposed rule’s impact on (ggg). efficiency, competition, and capital formation. See 9 15 U.S.C. 78f(b)(5). 15 U.S.C. 78c(f). 15 17 CFR 200.30–3(a)(12).

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DEPARTMENT OF STATE SUSQUEHANNA RIVER BASIN 7. East Resources, Inc., Pad ID: Wood COMMISSION 513, ABR–20100107, Rutland [Public Notice 6980] Township, Tioga County, Pa.; Notice of Projects Approved for Consumptive Use of up to 4.000 mgd; Culturally Significant Objects Imported Consumptive Uses of Water Approval Date: January 8, 2010. for Exhibition Determinations: ‘‘Vatican AGENCY: Susquehanna River Basin 8. Fortuna Energy, Inc., Pad ID: Splendors’’ Commission. Hoover G 017, ABR–20100108, Canton Township, Bradford County, Pa.; ACTION: Notice of Approved Projects. SUMMARY: Notice is hereby given of the Consumptive Use of up to 3.000 mgd; following determinations: Pursuant to SUMMARY: This notice lists the projects Approval Date: January 8, 2010. the authority vested in me by the Act of approved by rule by the Susquehanna 9. Fortuna Energy, Inc., Pad ID: Foust October 19, 1965 (79 Stat. 985; 22 U.S.C. River Basin Commission during the J 1H, ABR–20100109, Granville 2459), Executive Order 12047 of March period set forth in DATES. Township, Bradford County, Pa.; 27, 1978, the Foreign Affairs Reform and DATES: January 1, 2010, through January Consumptive Use of up to 3.000 mgd; Restructuring Act of 1998 (112 Stat. 31, 2010. Approval Date: January 8, 2010. 10. Fortuna Energy, Inc., Pad ID: Lutz 2681, et seq.; 22 U.S.C. 6501 note, et ADDRESSES: Susquehanna River Basin T1, ABR–20100110, Troy Township, seq.), Delegation of Authority No. 234 of Commission, 1721 North Front Street, Bradford County, Pa.; Consumptive Use October 1, 1999, Delegation of Authority Harrisburg, PA 17102–2391. of up to 3.000 mgd; Approval Date: FOR FURTHER INFORMATION CONTACT: No. 236 of October 19, 1999, as January 8, 2010. Richard A. Cairo, General Counsel, amended, and Delegation of Authority 11. Fortuna Energy, Inc., Pad ID: Lutz telephone: (717) 238–0423, ext. 306; fax: No. 257 of April 15, 2003 [68 FR 19875], T2, ABR–20100111, Troy Township, (717) 238–2436; e-mail: [email protected] I hereby determine that the objects to be Bradford County, Pa.; Consumptive Use or Stephanie L. Richardson, Secretary to included in the exhibition ‘‘Vatican of up to 3.000 mgd; Approval Date: the Commission, telephone: (717) 238– Splendors,’’ imported from abroad for January 8, 2010. 0423, ext. 304; fax: (717) 238–2436; e- temporary exhibition within the United 12. Fortuna Energy, Inc., Pad ID: mail: [email protected]. Regular States, are of cultural significance. The Thomas FT 1, ABR–20100112, Troy mail inquiries may be sent to the above objects are imported pursuant to loan Township, Bradford County, Pa.; address. agreements with the foreign owners or Consumptive Use of up to 3.000 mgd; custodians. I also determine that the SUPPLEMENTARY INFORMATION: This Approval Date: January 8, 2010. exhibition or display of the exhibit notice lists the projects, described 13. Fortuna Energy, Inc., Pad ID: objects at the Missouri History Museum, below, receiving approval for the Thomas FT 2, ABR–20100113, Troy Saint Louis, Missouri, from on or about consumptive use of water pursuant to Township, Bradford County, Pa.; the Commission’s approval by rule May 15, 2010, until on or about Consumptive Use of up to 3.000 mgd; process set forth in 18 CFR 806.22(f) for September 12, 2010, the Senator John Approval Date: January 8, 2010. the time period specified above: Heinz History Center, Pittsburgh, 14. East Resources, Inc., Pad ID: Pennsylvania, from on or about October Approvals by Rule Issued Under 18 Butler 127, ABR–20100114, Delmar 2, 2010, until on or about January 9, CFR 806.22(f) Township, Tioga County, Pa.; 2011, the Museum of Art, Nova 1. EXCO Resources (PA), Inc., Pad ID: Consumptive Use of up to 4.000 mgd; Southeastern University, Fort Roba, ABR–20100101, Scott Township, Approval Date: January 8, 2010. Lauderdale, Florida, from on or about Lackawanna County, Pa.; Consumptive 15. J–W Operating Company, Pad ID: January 29, 2011, until on or about April Use of up to 2.000 mgd; Approval Date: Pardee & Curtin Lumber Co. C–04 ABR– 24, 2011, and at possible additional January 8, 2010. 20100115, Lumber Township, Cameron exhibitions or venues yet to be 2. Ultra Resources, Inc., Pad ID: Ken- County, Pa.; Consumptive Use of up to 4.500 mgd; Approval Date: January 8, determined, is in the national interest. Ton 902, ABR–20100102, West Branch 2010. I have ordered that Public Notice of Township, Potter County, Pa.; 16. J–W Operating Company, Pad ID: these Determinations be published in Consumptive Use of up to 4.990 mgd; Pardee & Curtin Lumber Co. C–05 ABR– the Federal Register. Approval Date: January 8, 2010. 3. Fortuna Energy, Inc., Pad ID: 20100116, Shippen Township, Cameron FOR FURTHER INFORMATION CONTACT: For Vanblarcom R 004, ABR–20100103, County, Pa.; Consumptive Use of up to further information, including a list of Columbia Township, Bradford County, 4.500 mgd; Approval Date: January 8, the exhibit objects, contact Paul W. Pa.; Consumptive Use of up to 3.000 2010. Manning, Attorney-Adviser, Office of mgd; Approval Date: January 8, 2010. 17. J–W Operating Company, Pad ID: the Legal Adviser, U.S. Department of 4. Chief Oil & Gas, LLC, Pad ID: Lytle Pardee & Curtin Lumber Co. C–07H, State (telephone: 202–632–6469). The Unit Drilling Pad, ABR–20100104, ABR–20100117, Lumber Township, mailing address is U.S. Department of Lawrence Township, Clearfield County, Cameron County, Pa.; Consumptive Use State, SA–5, L/PD, Fifth Floor (Suite Pa.; Consumptive Use of up to 5.000 of up to 4.500 mgd; Approval Date: 5H03), Washington, DC 20522–0505. mgd; Approval Date: January 8, 2010. January 8, 2010. 5. East Resources, Inc., Pad ID: 18. East Resources, Inc., Pad ID: Dated: April 21, 2010. Willard 419–1H, ABR–20100105, Hackman 143, ABR–20100118, Delmar Judith A. McHale, Delmar Township, Tioga County, Pa.; Township, Tioga County, Pa.; Under Secretary for Public Diplomacy and Consumptive Use of up to 4.000 mgd; Consumptive Use of up to 4.000 mgd; Public Affairs, Department of State. Approval Date: January 8, 2010. Approval Date: January 8, 2010. [FR Doc. 2010–9717 Filed 4–26–10; 8:45 am] 6. East Resources, Inc., Pad ID: York 19. East Resources, Inc., Pad ID: Baker BILLING CODE 4710–05–P 480–5H, ABR–20100106, Sullivan 128, ABR–20100119, Delmar Township, Township, Tioga County, Pa.; Tioga County, Pa.; Consumptive Use of Consumptive Use of up to 4.000 mgd; up to 4.000 mgd; Approval Date: Approval Date: January 8, 2010. January 8, 2010.

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20. East Resources, Inc., Pad ID: 33. Chesapeake Appalachia, LLC, Pad 46. Chief Oil & Gas, LLC, Pad ID: Charles Stock 144, ABR–20100120, ID: Shirley, ABR–20100133, Terry Patterson Drilling Pad #1, ABR– Delmar Township, Tioga County, Pa.; Township, Bradford County, Pa.; 20100146, Penn Township, Lycoming Consumptive Use of up to 4.000 mgd; Consumptive Use of up to 7.500 mgd; County, Pa.; Consumptive Use of up to Approval Date: January 8, 2010. Approval Date: January 9, 2010. 5.000 mgd; Approval Date: January 10, 21. East Resources, Inc., Pad ID: 34. Chesapeake Appalachia, LLC, Pad 2010. Kennedy 137, ABR–20100121, Delmar ID: Meas, ABR–20100134, Albany 47. Chesapeake Appalachia, LLC, Pad Township, Tioga County, Pa.; Township, Bradford County, Pa.; ID: Popivchak, ABR–20100147, Consumptive Use of up to 4.000 mgd; Consumptive Use of up to 7.500 mgd; Burlington Township, Bradford County, Approval Date: January 8, 2010. Approval Date: January 9, 2010. Pa.; Consumptive Use of up to 7.500 22. East Resources, Inc., Pad ID: 35. Chief Oil & Gas, LLC, Pad ID: mgd; Approval Date: January 11, 2010. Stevens 142, ABR–20100122, Delmar Walters Unit #1H, ABR–20100135, West 48. Chesapeake Appalachia, LLC, Pad Township, Tioga County, Pa.; Burlington Township, Bradford County, ID: Solowiej, ABR–20100148, Consumptive Use of up to 4.000 mgd; Pa.; Consumptive Use of up to 5.000 Wyalusing Township, Bradford County, Approval Date: January 8, 2010. mgd; Approval Date: January 9, 2010. Pa.; Consumptive Use of up to 7.500 23. East Resources, Inc., Pad ID: Castle 36. Chief Oil & Gas, LLC, Pad ID: mgd; Approval Date: January 11, 2010. 113D, ABR–20100123, Canton Elliott Drilling Pad #1H, ABR– 49. Cabot Oil & Gas Corporation, Pad Township, Bradford County, Pa.; 20100136, Monroe Township, Bradford ID: Baker P1, ABR–20100149, Dimock Consumptive Use of up to 4.000 mgd; County, Pa.; Consumptive Use of up to Township, Susquehanna County, Pa.; Approval Date: January 8, 2010. 5.000 mgd; Approval Date: January 9, Consumptive Use of up to 3.575 mgd; 24. East Resources, Inc., Pad ID: 2010. Approval Date: January 11, 2010. Miller 116D, ABR–20100124, Union 37. Cabot Oil & Gas Corporation, Pad 50. Chesapeake Appalachia, LLC, Pad Township, Tioga County, Pa.; ID: ChudleighW P2, ABR–20100137, ID: Horst, ABR–20100150, Smithfield Consumptive Use of up to 4.000 mgd; Dimock Township, Susquehanna Township, Bradford County, Pa.; Approval Date: January 8, 2010. County, Pa.; Consumptive Use of up to Consumptive Use of up to 7.500 mgd; 25. Citrus Energy Corporation, Pad ID: 3.575 mgd; Approval Date: January 9, Approval Date: January 11, 2010. Procter & Gamble Mehoopany Plant 4V, 2010. 51. Chesapeake Appalachia, LLC, Pad ABR–20100125, Washington Township, 38. Cabot Oil & Gas Corporation, Pad ID: Stevens, ABR–20100151, Standing Wyoming County, Pa.; Consumptive Use ID: LaRueC P3, ABR–20100138, Dimock Stone Township, Bradford County, Pa.; of up to 5.000 mgd; Approval Date: Township, Susquehanna County, Pa.; Consumptive Use of up to 7.500 mgd; January 8, 2010. Consumptive Use of up to 3.575 mgd; Approval Date: January 11, 2010. 26. Citrus Energy Corporation, Pad ID: Approval Date: January 9, 2010. 52. Ultra Resources, Inc., Pad ID: Procter & Gamble Mehoopany Plant 3V, 39. East Resources, Inc., Pad ID: Mitchell A 903, ABR–20100152, West ABR–20100126, Washington Township, Coolidge 464, ABR–20100139, Delmar Branch Township, Potter County, Pa.; Wyoming County, Pa.; Consumptive Use Township, Tioga County, Pa.; Consumptive Use of up to 4.990 mgd; of up to 5.000 mgd; Approval Date: Consumptive Use of up to 4.000 mgd; Approval Date: January 13, 2010. January 8, 2010. Approval Date: January 9, 2010. 53. XTO Energy Incorporated, Pad ID: 27. Citrus Energy Corporation, Pad ID: 40. East Resources, Inc., Pad ID: Marquardt, ABR–20090712.1, Penn Procter & Gamble Mehoopany Plant 5V, Sterling 525, ABR–20100140, Rutland Township, Lycoming County, Pa.; ABR–20100127, Washington Township, Township, Tioga County, Pa.; Consumptive Use totaling up to 3.000 Wyoming County, Pa.; Consumptive Use Consumptive Use of up to 4.000 mgd; mgd; Approval Date: January 14, 2010. of up to 5.000 mgd; Approval Date: Approval Date: January 9, 2010. 54. Range Resources—Appalachia, January 8, 2010. 41. Chesapeake Appalachia, LLC, Pad LLC, Pad ID: Genter 3, ABR–20100153, 28. Fortuna Energy, Inc., Pad ID: ID: Mowry2, ABR–20100141, Tuscarora Cummings Township, Lycoming Castle 01 047, ABR–20100128, Armenia Township, Bradford County, Pa.; County, Pa.; Consumptive Use of up to Township, Bradford County, Pa.; Consumptive Use of up to 7.500 mgd; 5.000 mgd; Approval Date: January 20, Consumptive Use of up to 3.000 mgd; Approval Date: January 10, 2010. 2010. Approval Date: January 8, 2010. 42. Chesapeake Appalachia, LLC, Pad 55. Range Resources—Appalachia, 29. Fortuna Energy, Inc., Pad ID: TWL ID: Harper, ABR–20100142, Terry LLC, Pad ID: Laurel Hill 1, ABR– Assoc 01 016, ABR–20100129, Armenia Township, Bradford County, Pa.; 20100154, Jackson Township, Lycoming Township, Bradford County, Pa.; Consumptive Use of up to 7.500 mgd; County, Pa.; Consumptive Use of up to Consumptive Use of up to 3.000 mgd; Approval Date: January 10, 2010. 5.000 mgd; Approval Date: January 20, Approval Date: January 8, 2010. 43. East Resources, Inc., Pad ID: 2010. 30. Chesapeake Appalachia, LLC, Pad McClure 527, ABR–20100143, Rutland 56. Novus Operating, LLC, Pad ID: ID: Lionetti, ABR–20100130, Tuscarora Township, Tioga County, Pa.; Sylvester 1H, ABR–20100155, Township, Bradford County, Pa.; Consumptive Use of up to 4.000 mgd; Brookfield Township, Tioga County, Consumptive Use of up to 7.500 mgd; Approval Date: January 10, 2010. Pa.; Consumptive Use of up to 1.000 Approval Date: January 8, 2010. 44. Chesapeake Appalachia, LLC, Pad mgd; Approval Date: January 21, 2010. 31. Chesapeake Appalachia, LLC, Pad ID: Welles 4, ABR–20100144, Terry 57. EOG Resources, Inc., Pad ID: PHC ID: Storms, ABR–20100131, Tuscarora Township, Bradford County, Pa.; 20V, ABR–20100156, Lawrence Township, Bradford County, Pa.; Consumptive Use of up to 7.500 mgd; Township, Clearfield County, Pa.; Consumptive Use of up to 7.500 mgd; Approval Date: January 10, 2010. Consumptive Use of up to 0.999 mgd; Approval Date: January 9, 2010. 45. Cabot Oil & Gas Corporation, Pad Approval Date: January 21, 2010. 32. Chesapeake Appalachia, LLC, Pad ID: CarlsonW P1, ABR–20100145, 58. EOG Resources, Inc., Pad ID: ID: Welles 3, ABR–20100132, Terry Dimock Township, Susquehanna LIDDELL 1H, ABR–20100157, Township, Bradford County, Pa.; County, Pa.; Consumptive Use of up to Springfield Township, Bradford County, Consumptive Use of up to 7.500 mgd; 3.575 mgd; Approval Date: January 10, Pa.; Consumptive Use of up to 1.999 Approval Date: January 9, 2010. 2010. mgd; Approval Date: January 21, 2010.

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59. Novus Operating, LLC, Pad ID: be accompanied by a $1,500 filing fee. DEPARTMENT OF TRANSPORTATION NorthFork 1H, ABR–20100158, See 49 CFR 1002.2(f)(25). National Highway Traffic Safety Brookfield Township, Tioga County, All interested persons should be Administration Pa.; Consumptive Use of up to 1.000 aware that, following abandonment of mgd; Approval Date: January 28, 2010. rail service and salvage of the line, the Petition To Modify an Exemption of a Authority: Pub. L. 91–575, 84 Stat. 1509 line may be suitable for other public Previously Approved Antitheft Device; et seq., 18 CFR parts 806, 807, and 808. use, including interim trail use. Any Porsche Dated: April 16, 2010. request for a public use condition under AGENCY: National Highway Traffic Stephanie L. Richardson, 49 CFR 1152.28 or for trail use/rail Safety Administration, Department of banking under 49 CFR 1152.29 will be Secretary to the Commission. Transportation (DOT). [FR Doc. 2010–9654 Filed 4–26–10; 8:45 am] due no later than May 12, 2010. Each ACTION: trail request must be accompanied by a Grant of a petition to modify an BILLING CODE 7040–01–P exemption of a previously approved $250 filing fee. See 49 CFR antitheft device. 1002.2(f)(27). DEPARTMENT OF TRANSPORTATION All filings in response to this notice SUMMARY: On April 20, 2009, the must refer to Docket No. AB 415 (Sub- National Highway Traffic Safety Surface Transportation Board No. 2X) and must be sent to: (1) Surface Administration (NHTSA) granted in full Transportation Board, 395 E Street, SW., Porsche Cars North America’s (Porsche) [Docket No. AB 415 (Sub-No. 2X)] Washington, DC 20423–0001; and (2) petition for an exemption in accordance with § 543.9(c)(2) of 49 CFR part 543, Escanaba & Lake Superior Railroad Keith G. O’Brien, 2401 Pennsylvania Avenue, NW., Suite 300, Washington, Exemption from the Theft Prevention Company—Abandonment Exemption— Standard for the Porsche Panamera DC 20037. Replies to the petition are in Ontonagon and Houghton Counties, vehicle line beginning with model year due on or before May 12, 2010. MI (MY 2010). On February 4, 2010, On April 9, 2010, Escanaba & Lake Persons seeking further information Porsche submitted a petition to modify Superior Railroad Company (ELS) filed concerning abandonment procedures its previously approved exemption for with the Surface Transportation Board may contact the Board’s Office of Public the Porsche Panamera vehicle line (Board) a petition under 49 U.S.C. 10502 Assistance, Governmental Affairs and beginning with model year (MY) 2012. for exemption from the provisions of 49 Compliance at (202) 245–0238 or refer NHTSA is granting Porsche’s petition to U.S.C. 10903 to abandon approximately to the full abandonment or modify the exemption in full because it 42.93 miles of rail line in Ontonagon discontinuance regulations at 49 CFR has determined that the modified device and Houghton Counties, Mich., part 1152. Questions concerning is also likely to be as effective in extending between milepost 408.02 at environmental issues may be directed to reducing and deterring motor vehicle Ontonagon and milepost 365.09 at the Board’s Section of Environmental theft as compliance with the parts- Sidnaw. The line traverses United States Analysis (SEA) at (202) 245–0305. marking requirements of the Theft Postal Service Zip Codes 49948, 49953, Assistance for the hearing impaired is Prevention Standard. and 49961, and includes the stations of available through Federal Information DATES: The exemption granted by this Ontonagon at milepost 408.0, Mass at Relay Service (FIRS) at 1–800–877– notice is effective beginning with model milepost 388.8, Rockland at milepost 8339. year (MY) 2012. FOR FURTHER INFORMATION CONTACT: 396.1, Rosseau at milepost 383.2, Pori at An environmental assessment (EA) (or milepost 381.2 and Frost at milepost Carlita Ballard, Office of International environmental impact statement (EIS), if 373.1. Policy, Fuel Economy and Consumer necessary) prepared by SEA will be The line does contain federally Standards, NHTSA, 1200 New Jersey granted rights-of-way. Any served upon all parties of record and Avenue, SE., Washington, DC 20590. documentation in the possession of ELS upon any agencies or other persons who Ms. Ballard’s telephone number is (202) will be made available promptly to commented during its presentation. 366–0846. Her fax number is (202) 493– those requesting it. Other interested persons may contact 2990. The interest of railroad employees SEA to obtain a copy of the EA (or EIS). SUPPLEMENTARY INFORMATION: On April will be protected by the conditions set EAs in these abandonment proceedings 20, 2009, NHTSA published in the forth in Oregon Short Line Railroad and normally will be made available within Federal Register a notice granting in full The Union Pacific Railroad Company— 60 days of the filing of the petition. The a petition from Porsche for an Abandonment Portion Goshen Branch deadline for submission of comments on exemption from the parts-marking Between Firth and Ammon, In Bingham the EA generally will be within 30 days requirements of the Theft Prevention and Bonneville Counties, Idaho, 360 of its service. Standard (49 CFR 541) for the Panamera I.C.C. 91 (1979). Board decisions and notices are vehicle line beginning with its MY 2010 By issuance of this notice, the Board available on our Web site at http:// vehicles. The Porsche Panamera is is instituting an exemption proceeding www.stb.dot.gov. equipped with a passive antitheft device pursuant to 49 U.S.C. 10502(b). A final (see 74 FR 10837) and an audible and decision will be issued on or before July Decided: April 20, 2010. visible alarm. 28, 2010. ELS has requested that its By the Board, Rachel D. Campbell, On February 4, 2010, Porsche petition be given expedited Director, Office of Proceedings. submitted a petition to modify the consideration. Kulunie L. Cannon, previously approved exemption for the Any offer of financial assistance Clearance Clerk. Panamera vehicle line. This notice (OFA) under 49 CFR 1152.27(b)(2) will [FR Doc. 2010–9676 Filed 4–23–10; 8:45 am] grants in full Porsche’s petition to be due no later than 10 days after modify the exemption for the Panamera service of a decision granting the BILLING CODE 4915–01–P vehicle line. Porsche’s submission is a petition for exemption. Each OFA must complete petition, as required by 49

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CFR 543.9(d), in that it meets the In its 2012 modification, Porsche listed in § 543.6(a)(3): Promoting general requirements contained in 49 stated that it proposes to delete the activation; attracting attention to the CFR 543.5 and the specific content electronic steering column lock efforts of unauthorized persons to enter requirements of 49 CFR 543.6. Porsche’s equipped on the exempted vehicle line or operate a vehicle by means other than petition provides a detailed description because the steering column lock is a key; preventing defeat or and diagram of the identity, design, and considered redundant by the electronic circumvention of the device by location of the components of the parking brake that is standard unauthorized persons; preventing antitheft device proposed for equipment on the line. Porsche operation of the vehicle by installation beginning with the 2012 proposes to delete the electronic unauthorized entrants; and ensuring the model year. steering lock feature beginning with its reliability and durability of the device. The MY 2010 passive antitheft device MY 2012 vehicles. Porsche stated that If Porsche decides not to use the installed on the Porsche Panamera its 2012 modified antitheft system will exemption for this line, it should includes a microprocessor-based now consist of a microprocessor based formally notify the agency. If such a immobilizer system, electronic ignition immobilizer system which prevents decision is made, the line must be fully switch, transponder key, remote control functioning of the engine management marked according to the requirements unit, alarm/central locking control unit, system, an activated parking brake under 49 CFR 541.5 and 541.6 (marking optional keyless entry system and system, central locking and an alarm of major component parts and electronic parking brake. Porsche stated system. replacement parts). that the central locking system works in Porsche also stated that with its 2012 NHTSA suggests that if the conjunction with the audible and visible modification, the normal state of the manufacturer contemplates making any alarm. Locking the doors with the applicable control unit is to not allow changes, the effects of which might be ignition key, the remote control or a engine starting or release of the characterized as de minimis, it should door switch (with the keyless entry activated parking brake. Only by consult the agency before preparing and option) will activate the audible and insertion of the correct key into the submitting a petition to modify. visible alarm. An ultrasonic sensor in ignition switch, or by having the special Authority: 49 U.S.C. 33106; delegation of the alarm system will monitor the doors, keyless entry keyfob/device with the authority at 49 CFR 1.50. rear luggage compartment, front deck occupant compartment of the car is the Issued on: April 22, 2010. lid, fuel filler door, and interior correct signal sent to the applicable movement. The horn will sound and the control units, allowing the engine to Stephen R. Kratzke, lights will flash if there is any detection start and activation of the parking brake Associate Administrator for Rulemaking. of unauthorized use. Porsche stated that to be released. Porsche stated that when [FR Doc. 2010–9704 Filed 4–26–10; 8:45 am] its immobilizer prevents the engine the key is removed from the ignition, or BILLING CODE 4910–59–P management system and steering system the ignition switch/control unit is from functioning when the system is turned to the ignition lock position and engaged. The immobilizer is the keyfob exits the vehicle with the DEPARTMENT OF TRANSPORTATION automatically activated when the key is driver, the device will return to its Federal Motor Carrier Safety ‘‘ ’’ removed from the ignition switch normal off state, preventing the engine Administration assembly, or the optional special keyless from starting and the parking brake from entry keycard exits the vehicle with the being released. Qualification of Drivers; Exemption driver. The immobilizer then returns to Porsche stated that it believes that the Applications; Vision its normal ‘‘off’’ state, where engine planned deletion of the electronic starting, operation, and steering are steering column lock from its AGENCY: Federal Motor Carrier Safety inhibited. Starting the engine and comprehensive device for the Panamera Administration (FMCSA), DOT. operation of the vehicle will be allowed vehicle line will continue to be as ACTION: Notice of denials. only when the correct code is sent to the effective as parts-marking and should control unit by using the correct key in continue to qualify for an exemption SUMMARY: FMCSA announces its denial the ignition switch, or by having the from parts-marking. Since the same of 95 applications from individuals who correct keyless entry keycard within the aspects of performance (i.e., arming of requested an exemption from the occupant compartment of the car. The the device and the immobilization Federal vision standard applicable to ignition key contains a radio signal feature) are still provided, the agency interstate truck and bus drivers and the transponder which signals the control believes that the same level of reasons for the denials. FMCSA has unit to allow steering and the engine to protection is being met. The agency statutory authority to exempt start. With the keyless entry system, agrees that the deletion of the electronic individuals from the vision requirement operation of the vehicle is allowed steering column lock feature should if the exemptions granted will not when the ignition key is substituted have no effect on functionality of the compromise safety. The Agency has with the special keycard that contains a device’s ability to deter theft. Since the concluded that granting these radio signal transmitter similar to the agency granted Porsche’s exemption for exemptions does not provide a level of transponder in the standard ignition its MY 2010 Panamera vehicle line, safety that will be equivalent to, or key. there has been no available theft rate greater than, the level of safety Porsche also stated that the Panamera data published by the agency for the maintained without the exemptions for line is equipped with an electronic vehicle line. these commercial motor vehicle (CMV) steering column lock and an The agency has evaluated Porsche’s drivers. electronically activated parking brake MY 2012 petition to modify the FOR FURTHER INFORMATION CONTACT: Dr. which is integrated into the vehicle’s exemption for the Panamera vehicle line Mary D. Gunnels, Director Medical antitheft device. If the control unit does from the parts-marking requirements of Programs, 202–366–4001, U.S. not receive the correct code from the 49 CFR part 541, and has decided to Department of Transportation, FMCSA, ignition key or keycard, the parking grant it. The agency believes that the 1200 New Jersey Avenue, SE., Room brake will remain activated and the proposed device will continue to W64–224, Washington, DC 20590–0001. vehicle cannot be towed. provide the five types of performance Office hours are from 8:30 a.m. to 5 p.m.

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Monday through Friday, except Federal Jensen, Jesus A. Leon, Dan E. Repogle, DEPARTMENT OF TRANSPORTATION holidays. Robert W. Sikkila, Kenneth J. Stubbs, SUPPLEMENTARY INFORMATION: Dennis Walowsky. Federal Motor Carrier Safety The following 19 applicants did not Administration Background have sufficient driving experience [Docket ID. FMCSA–2009–0011] Under 49 U.S.C. 31136(e) and 31315, during the past 3 years under normal FMCSA may grant an exemption from highway operating conditions: James H. Qualification of Drivers; Exemption the Federal vision standard for a Bailey, Johnny J. Campbell, Malcolm J. Applications; Vision renewable 2-year period if it finds ‘‘such Celestine, Dale G. Darling, Keith E. an exemption would likely achieve a Fimon, Raleigh K. Franklin, John E. AGENCY: Federal Motor Carrier Safety level of safety that is equivalent to, or Gannon, Clarence Hall, Charles R. Administration (FMCSA), DOT. greater than, the level that would be Hoeppner, Emit Holmes, Levi Kallberg, ACTION: Notice of final disposition. achieved absent such an exemption.’’ Robert Key, Christopher D. Linden, The procedures for requesting an Patrick W. Merkel, Gene M. Morris, SUMMARY: FMCSA announces its exemption are set forth in 49 CFR part James L. Putnam, Jr., Donald W. Rich, decision to exempt 19 individuals from 381. Rickey E. Rumfield, Gary A. Webb. the vision requirement in the Federal Accordingly, FMCSA evaluated 95 One applicant, Eldred L. Lieser, had Motor Carrier Safety Regulations individual exemption requests on their more than 2 commercial motor vehicle (FMCSRs). The exemptions will enable merit and made a determination that violations during the 3-year review these individuals to operate commercial these applicants do not satisfy the period and/or application process. Each motor vehicles (CMVs) in interstate criteria eligibility or meet the terms and applicant is only allowed 2 moving commerce without meeting the conditions of the Federal exemption citations. prescribed vision standard. The Agency program. Each applicant has, prior to Two applicants, Bobby Clark and has concluded that granting these this notice, received a letter of final Charles West, had commercial driver’s exemptions will provide a level of safety disposition on his/her exemption license suspensions during the 3-year that is equivalent to, or greater than, the request. Those decision letters fully review period for moving violations. level of safety maintained without the outlined the basis for the denial and Applicants do not qualify for an exemptions for these CMV drivers. constitute final Agency action. The list exemption with a suspension during the DATES: The exemptions are effective published today summarizes the 3-year period. April 27, 2010. The exemptions expire Agency’s recent denials as required One applicant, Sam E. Goode, did not on April 27, 2012. under 49 U.S.C. 31315(b)(4) by have an Optometrist/Ophthalmologist FOR FURTHER INFORMATION CONTACT: Dr. periodically publishing names and willing to state that he is able to operate Mary D. Gunnels, Director, Medical reasons for denial. a commercial vehicle safely with his The following 17 applicants lacked Programs, (202)–366–4001, vision deficiency. [email protected], FMCSA, sufficient driving experience during the The following 5 applicants were 3-year period prior to the date of their Department of Transportation, 1200 denied for miscellaneous/multiple New Jersey Avenue, SE., Room W64– application: Harlan D. Glaser, George reasons: Michael A. Georgeff, Joseph Klopf, Luke R. Lafley, Brian K. La Joie, 224, Washington, DC 20590–0001. Revis, Jr., Lawrence C. Smoak, III, David Office hours are from 8:30 a.m. to 5 p.m. John L. Langill, Gregg A. Lindberg, John C. Watson, Paula L. Wharton. R. Phillips, Joseph A. Ragan, Mark C. Monday through Friday, except Federal One applicant, Pradeep Singh, was holidays. Reineke, David J. Schie, David M. Sims, disqualified because his vision SUPPLEMENTARY INFORMATION: Roland D. Spaniol, Kevin Stein, Richard deficiency was not stable for the entire J. Tomerlin, Thomas L. Tveit, Robert 3-year review period. Electronic Access Vanprooyen, Ronald C. Wolfe. The following 3 applicants never You may see all the comments online The following 10 applicants had no submitted the required documents: through the Federal Document experience operating a CMV: Kerry V. Kenneth A. Adams, Jack Bickley, Brian Management System (FDMS) at http:// Ashby, Mickel Brisco, Kevin F. Clark, S. Sikes. Ronald Cotton, Alvin T. Graham, The following 8 applicants met the www.regulations.gov. Timothy Inman, Yuriy N. Krisihtal, current federal vision standards. Docket: For access to the docket to Maria A. Santander, Don L. Steele, Exemptions are not required for these read background documents or Moises L. Vidal. applicants that meet the current comments, go to http:// The following 16 applicants did not regulations for vision: Terry Appleton, www.regulations.gov at any time or have 3 years of experience driving a Bernard Braddock, Frederick Bundick, Room W12–140 on the ground level of CMV on public highways with the David L. Couch, Douglas A. Jackson, Lee the West Building, 1200 New Jersey vision deficiency: Roger D. Alig, Robert Rapaport, Thomas R. Spicer, Ray A. Avenue, SE., Washington, DC, between Barrozo, Philip M. Casady, Lynn C. Thombs, Jr. 9 a.m. and 5 p.m., Monday through Cebular, Kenneth E. Clark, Lucious Finally, one applicant, Commie Friday, except Federal holidays. The Green, James Layfield, Dana O. Futrell, Jr., was issued a medical FDMS is available 24 hours each day, Lundgren, Raymond Meza, Robert L. certificate for 3 months. Applicants with 365 days each year. If you want Moore, Charles Noll, George H. a medical certificate valid for less than acknowledgment that we received your Southland, Herman D. Snoddy, Timothy 6 months do not meet the exemption comments, please include a self- E. Stevens, Leon Tanksley, George program eligibility criteria. addressed, stamped envelope or White. postcard or print the acknowledgement The following 11 applicants did not Issued on: April 19, 2010. page that appears after submitting have 3 years of recent experience Larry W. Minor, comments on-line. driving a CMV with the vision Associate Administrator for Policy and Privacy Act: Anyone may search the deficiency: Christopher D. Black, Kevin Program Development. electronic form of all comments S. Carter, Karen R. Clark, Meregildo De [FR Doc. 2010–9667 Filed 4–26–10; 8:45 am] received into any of our dockets by the Leon, Louis R. Edwards, Jr., George C. BILLING CODE 4910–EX–P name of the individual submitting the

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comment (or of the person signing the impairments or have had them since person to present verifiable evidence comment, if submitted on behalf of an childhood. The 7 individuals who that he/she has driven a commercial association, business, labor union, etc.). sustained their vision conditions as vehicle safely with the vision deficiency You may review the DOT’s complete adults have had them for periods for the past 3 years. Recent driving Privacy Act Statement in the Federal ranging from 5 to 30 years. performance is especially important in Register published on April 11, 2000 Although each applicant has one eye evaluating future safety, according to (65 FR 19476). This information is also which does not meet the vision standard several research studies designed to available at http://www.regulations.gov. in 49 CFR 391.41(b)(10), each has at correlate past and future driving least 20/40 corrected vision in the other Background performance. Results of these studies eye, and in a doctor’s opinion, has support the principle that the best On March 2, 2010, FMCSA published sufficient vision to perform all the tasks predictor of future performance by a a notice of receipt of exemption necessary to operate a CMV. Doctors’ driver is his/her past record of crashes applications from certain individuals, opinions are supported by the and traffic violations. Copies of the and requested comments from the applicants’ possession of valid studies may be found at docket number public (75 FR 9480). That notice listed commercial driver’s licenses (CDLs) or FMCSA–1998–3637. 19 applicants’ case histories. The 19 non-CDLs to operate CMVs. Before We believe we can properly apply the individuals applied for exemptions from issuing CDLs, States subject drivers to principle to monocular drivers, because the vision requirement in 49 CFR knowledge and skills tests designed to data from the Federal Highway 391.41(b)(10), for drivers who operate evaluate their qualifications to operate a Administration’s (FHWA) former waiver CMVs in interstate commerce. CMV. study program clearly demonstrate the Under 49 U.S.C. 31136(e) and 31315, All these applicants satisfied the driving performance of experienced FMCSA may grant an exemption for a 2- testing standards for their State of monocular drivers in the program is year period if it finds ‘‘such exemption residence. By meeting State licensing better than that of all CMV drivers would likely achieve a level of safety requirements, the applicants collectively (See 61 FR 13338, 13345, that is equivalent to, or greater than, the demonstrated their ability to operate a March 26, 1996). The fact that level that would be achieved absent commercial vehicle, with their limited experienced monocular drivers such exemption.’’ The statute also vision, to the satisfaction of the State. demonstrated safe driving records in the allows the Agency to renew exemptions While possessing a valid CDL or non- waiver program supports a conclusion at the end of the 2-year period. CDL, these 19 drivers have been that other monocular drivers, meeting Accordingly, FMCSA has evaluated the authorized to drive a CMV in intrastate the same qualifying conditions as those 19 applications on their merits and commerce, even though their vision required by the waiver program, are also made a determination to grant disqualified them from driving in likely to have adapted to their vision exemptions to each of them. interstate commerce. They have driven deficiency and will continue to operate CMVs with their limited vision for Vision and Driving Experience of the safely. Applicants careers ranging from 4 to 37 years. In the past 3 years, one of the drivers had a The first major research correlating The vision requirement in the conviction for a traffic violation and two past and future performance was done FMCSRs provides: of the drivers were involved in crashes. in England by Greenwood and Yule in A person is physically qualified to The qualifications, experience, and 1920. Subsequent studies, building on drive a commercial motor vehicle if that medical condition of each applicant that model, concluded that crash rates person has distant visual acuity of at were stated and discussed in detail in for the same individual exposed to least 20/40 (Snellen) in each eye the March 2, 2010 notice (75 FR 9480). certain risks for two different time without corrective lenses or visual periods vary only slightly (See Bates acuity separately corrected to 20/40 Basis for Exemption Determination and Neyman, University of California (Snellen) or better with corrective Under 49 U.S.C. 31136(e) and 31315, Publications in Statistics, April 1952). lenses, distant binocular acuity of at FMCSA may grant an exemption from Other studies demonstrated theories of least 20/40 (Snellen) in both eyes with the vision standard in 49 CFR predicting crash proneness from crash or without corrective lenses, field of 391.41(b)(10) if the exemption is likely history coupled with other factors. vision of at least 70° in the horizontal to achieve an equivalent or greater level These factors—such as age, sex, meridian in each eye, and the ability to of safety than would be achieved geographic location, mileage driven and recognize the colors of traffic signals without the exemption. Without the conviction history—are used every day and devices showing standard red, exemption, applicants will continue to by insurance companies and motor green, and amber (49 CFR be restricted to intrastate driving. With vehicle bureaus to predict the 391.41(b)(10)). the exemption, applicants can drive in probability of an individual FMCSA recognizes that some drivers interstate commerce. Thus, our analysis experiencing future crashes (See Weber, do not meet the vision standard, but focuses on whether an equal or greater Donald C., ‘‘Accident Rate Potential: An have adapted their driving to level of safety is likely to be achieved by Application of Multiple Regression accommodate their vision limitation permitting each of these drivers to drive Analysis of a Poisson Process,’’ Journal and demonstrated their ability to drive in interstate commerce as opposed to of American Statistical Association, safely. The 19 exemption applicants restricting him or her to driving in June 1971). A 1964 California Driver listed in this notice are in this category. intrastate commerce. Record Study prepared by the California They are unable to meet the vision To evaluate the effect of these Department of Motor Vehicles standard in one eye for various reasons, exemptions on safety, FMCSA concluded that the best overall crash including amblyopia, aphakia, corneal considered not only the medical reports predictor for both concurrent and scarring, prosthesis, retinal detachment about the applicants’ vision, but also nonconcurrent events is the number of and retinal scarring. In most cases, their their driving records and experience single convictions. This study used 3 eye conditions were not recently with the vision deficiency. consecutive years of data, comparing the developed. All but 7 of the applicants To qualify for an exemption from the experiences of drivers in the first 2 years were either born with their vision vision standard, FMCSA requires a with their experiences in the final year.

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Applying principles from these continues to meet the standard in 49 DEPARTMENT OF TRANSPORTATION studies to the past 3-year record of the CFR 391.41(b)(10), and (b) by a medical 19 applicants, only one of the applicants examiner who attests that the individual Federal Motor Carrier Safety had a traffic violation; failure to stay in is otherwise physically qualified under Administration the proper lane. All the applicants 49 CFR 391.41; (2) that each individual [Docket No. FMCSA–2005–23099] achieved a record of safety while provide a copy of the ophthalmologist’s driving with their vision impairments, or optometrist’s report to the medical Qualification of Drivers; Exemption demonstrating the likelihood that they examiner at the time of the annual Renewals; Vision have adapted their driving skills to medical examination; and (3) that each accommodate their condition. As the individual provide a copy of the annual AGENCY: Federal Motor Carrier Safety applicants’ ample driving histories with medical certification to the employer for Administration (FMCSA), DOT. their vision deficiencies are good retention in the driver’s qualification ACTION: Notice of final disposition. predictors of future performance, file, or keep a copy in his/her driver’s SUMMARY: FMCSA previously FMCSA concludes their ability to drive qualification file if he/she is self- announced its decision to renew the safely can be projected into the future. employed. The driver must also have a We believe that the applicants’ exemptions from the vision requirement copy of the certification when driving, in the Federal Motor Carrier Safety intrastate driving experience and history for presentation to a duly authorized provide an adequate basis for predicting Regulations for 6 individuals. FMCSA Federal, State, or local enforcement has statutory authority to exempt their ability to drive safely in interstate official. commerce. Intrastate driving, like individuals from the vision requirement interstate operations, involves Discussion of Comments if the exemptions granted will not compromise safety. The Agency has substantial driving on highways on the FMCSA received one comment in this interstate system and on other roads concluded that granting these proceeding. The comment was exemptions will provide a level of safety built to interstate standards. Moreover, considered and discussed below. driving in congested urban areas that will be equivalent to, or greater The one comment received was in exposes the driver to more pedestrian than, the level of safety maintained favor of granting the Federal vision and vehicular traffic than exists on without the exemptions for these interstate highways. Faster reaction to exemption to Larry D. Buchanan. commercial motor vehicle (CMV) traffic and traffic signals is generally Conclusion drivers. required because distances between FOR FURTHER INFORMATION CONTACT: Dr. them are more compact. These Based upon its evaluation of the 19 Mary D. Gunnels, Director, Medical conditions tax visual capacity and exemption applications, FMCSA Programs, (202) 366–4001, driver response just as intensely as exempts, Dwight A. Bennett, Arthur W. [email protected], FMCSA, interstate driving conditions. The Boatright, Jr., Larry D. Buchanan, Chad Department of Transportation, 1200 veteran drivers in this proceeding have L. Burnham, Chadwick S. Chambers, New Jersey Avenue, SE., Room W64– operated CMVs safely under those Loren D. Chapman, David A. 224, Washington, DC 20590–0001. conditions for at least 3 years, most for Christenson, Charles R. Everett, Julian Office hours are from 8:30 a.m. to 5 p.m. much longer. Their experience and R. Hall, Claude R. Havener, Paul K. Monday through Friday, except Federal driving records lead us to believe that Leger, Robert L. Postell, Martin L. Reyes, holidays. Gerald L. Rush, Jr., Wayne J. Savage, each applicant is capable of operating in SUPPLEMENTARY INFORMATION: interstate commerce as safely as he/she Gary F. Segur, Alan T. Watterson, David has been performing in intrastate E. Williford and Larry W. Winkler from Background commerce. Consequently, FMCSA finds the vision requirement in 49 CFR Under 49 U.S.C. 31136(e) and 31315, that exempting these applicants from 391.41(b)(10), subject to the FMCSA may grant an exemption for a 2- the vision standard in 49 CFR requirements cited above (49 CFR year period if it finds ‘‘such exemption 391.41(b)(10) is likely to achieve a level 391.64(b)). would likely achieve a level of safety of safety equal to that existing without In accordance with 49 U.S.C. 31136(e) that is equivalent to, or greater than, the the exemption. For this reason, the and 31315, each exemption will be valid level that would be achieved absent Agency is granting the exemptions for for 2 years unless revoked earlier by such exemption.’’ The statute also the 2-year period allowed by 49 U.S.C. FMCSA. The exemption will be revoked allows the Agency to renew exemptions 31136(e) and 31315 to the 19 applicants if: (1) The person fails to comply with at the end of the 2-year period. The listed in the notice of March 2, 2010 (75 the terms and conditions of the comment period ended on April 1, 2010 FR 9480). exemption; (2) the exemption has (75 FR 9484). We recognize that the vision of an resulted in a lower level of safety than applicant may change and affect his/her was maintained before it was granted; or Discussion of Comments ability to operate a CMV as safely as in (3) continuation of the exemption would FMCSA received no comments in this the past. As a condition of the not be consistent with the goals and proceeding. exemption, therefore, FMCSA will objectives of 49 U.S.C. 31136 and 31315. Conclusion impose requirements on the 19 If the exemption is still effective at the individuals consistent with the end of the 2-year period, the person may The Agency has not received any grandfathering provisions applied to apply to FMCSA for a renewal under adverse evidence on any of these drivers drivers who participated in the procedures in effect at that time. that indicates that safety is being Agency’s vision waiver program. compromised. Based upon its Those requirements are found at 49 Issued on April 19, 2010. evaluation of the 6 renewal CFR 391.64(b) and include the Larry W. Minor, applications, FMCSA renews the following: (1) That each individual be Associate Administrator for Policy and Federal vision exemptions for John R. physically examined every year (a) by Program Development. Alger, Gene Bartlett, Jr., Marland L. an ophthalmologist or optometrist who [FR Doc. 2010–9671 Filed 4–26–10; 8:45 am] Brassfield, Billy R. Jeffries, Gary N. attests that the vision in the better eye BILLING CODE 4910–EX–P Wilson and William B. Wilson.

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In accordance with 49 U.S.C. 31136(e) level that would be achieved absent invites the general public and other and 31315, each renewal exemption will such exemption.’’ The statute also Federal agencies to take this be valid for 2 years unless revoked allows the Agency to renew exemptions opportunity to comment on proposed earlier by FMCSA. The exemption will at the end of the 2-year period. The and continuing information collections, be revoked if: (1) The person fails to comment period ended on April 1, 2010 as required by the Paperwork Reduction comply with the terms and conditions (75 FR 9477). Act of 1995 (PRA), Public Law 104–13 of the exemption; (2) the exemption has (44 U.S.C. 3506(c)(2)(A)). This notice Discussion of Comments resulted in a lower level of safety than requests comments on all forms used by was maintained before it was granted; or FMCSA received no comments in this individual taxpayers: Form 1040, U.S. (3) continuation of the exemption would proceeding. Individual Income Tax Return, and not be consistent with the goals and Conclusion Schedules A, B, C, C–EZ, D, D–1, E, EIC, objectives of 49 U.S.C. 31136 and 31315. F, H, J, R, and SE; Form 1040A; Form The Agency has not received any Issued on: April 19, 2010. 1040EZ; and all attachments to these adverse evidence on any of these drivers forms (see the Appendix to this notice). Larry W. Minor, that indicates that safety is being DATES: Written comments should be Associate Administrator for Policy and compromised. Based upon its Program Development. received on or before May 27, 2010 to evaluation of the 19 renewal be assured of consideration. [FR Doc. 2010–9672 Filed 4–26–10; 8:45 am] applications, FMCSA renews the ADDRESSES: OIRA Desk Officer, Office of BILLING CODE 4910–EX–P Federal vision exemptions for Alberto Management and Budget, Room 10235, Blanco, Michael B. Canedy, Larry A. New Executive Office Building, Cossin, Charles W. Cox, Gary W. Ellis, DEPARTMENT OF TRANSPORTATION Washington, DC 20503, Dennis J. Evers, Hector O. Flores, W. [email protected]. Roger Goold, Lee Guse, Steven W. Federal Motor Carrier Safety Halsey, Clifford J. Harris, John C. FOR FURTHER INFORMATION CONTACT: Administration Henricks, Thomas M. Leadbitter, John L. Requests for additional information [Docket No. FMCSA–2003–16564; FMCSA– Lewis, Jonathan P. Lovel, Kent S. should be directed to Chief, RAS:R:FSA, 2007–0071] Reining, Enrique G. Salinas, Jr., NCA 7th Floor, Internal Revenue Anthony T. Smith and Richard W. Service, 1111 Constitution Avenue, Qualification of Drivers; Exemption Wylie. NW., Washington, DC 20224. mail to: Renewals; Vision In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION: AGENCY: Federal Motor Carrier Safety and 31315, each renewal exemption will PRA Approval of Forms Used by Administration (FMCSA), DOT. be valid for 2 years unless revoked Individual Taxpayers earlier by FMCSA. The exemption will ACTION: Notice of final disposition. be revoked if: Under the PRA, OMB assigns a control number to each ‘‘collection of SUMMARY: FMCSA previously (1) The person fails to comply with ’’ announced its decision to renew the the terms and conditions of the information that it reviews and exemptions from the vision requirement exemption; (2) the exemption has approves for use by an agency. The PRA in the Federal Motor Carrier Safety resulted in a lower level of safety than also requires agencies to estimate the Regulations for 19 individuals. FMCSA was maintained before it was granted; or burden for each collection of has statutory authority to exempt (3) continuation of the exemption would information. The burden estimates for individuals from the vision requirement not be consistent with the goals and each control number are displayed in (1) if the exemptions granted will not objectives of 49 U.S.C. 31136 and 31315. the PRA notices that accompany collections of information, (2) Federal compromise safety. The Agency has Issued on: April 19, 2010. concluded that granting these Register notices such as this one, and Larry W. Minor, (3) OMB’s database of approved exemptions will provide a level of safety Associate Administrator for Policy and that will be equivalent to, or greater information collections. Program Devlopment. The Individual Taxpayer Burden than, the level of safety maintained [FR Doc. 2010–9673 Filed 4–26–10; 8:45 am] Model (ITBM) estimates burden without the exemptions for these BILLING CODE 4910–EX–P experienced by individual taxpayers commercial motor vehicle (CMV) when complying with the Federal tax drivers. laws. The ITBM’s approach to FOR FURTHER INFORMATION CONTACT: Dr. DEPARTMENT OF THE TREASURY measuring burden focuses on the Mary D. Gunnels, Director, Medical characteristics and activities of Programs, (202)366–4001, Internal Revenue Service individual taxpayers in meeting their [email protected], FMCSA, tax return filing compliance obligation. Proposed Collection; Comment Department of Transportation, 1200 Key determinants of taxpayer burden in Request for Form 1040 and Schedules New Jersey Avenue, SE., Room W64– the model are the way the taxpayer A, B, C, C–EZ, D, D–1, E, EIC, F, H, J, 224, Washington, DC 20590–0001. prepares the return, e.g. with software or R, and SE, Form 1040A, and Form Office hours are from 8:30 a.m. to 5 p.m. paid preparer, and the taxpayer’s 1040EZ, and All Attachments to These Monday through Friday, except Federal activities, e.g. recordkeeping and tax Forms holidays. planning. SUPPLEMENTARY INFORMATION: AGENCY: Internal Revenue Service (IRS), Burden is defined as the time and out- of-pocket costs incurred by taxpayers in Background Treasury. ACTION: Notice and request for complying with the Federal tax system. Under 49 U.S.C. 31136(e) and 31315, comments. Time expended and out-of-pocket costs FMCSA may grant an exemption for a 2- incurred are estimated separately. The year period if it finds ‘‘such exemption SUMMARY: The Internal Revenue Service, methodology distinguishes among would likely achieve a level of safety as part of its continuing effort to reduce preparation methods, taxpayer that is equivalent to, or greater than, the paperwork and respondent burden, activities, types of individual taxpayer,

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filing methods, and income levels. The data shown are the best forward- The economic recession in the past Indicators of tax law and administrative looking estimates available as of year also has a significant impact on complexity as reflected in tax forms and November 12, 2009, for income tax burden estimates, reducing the filing instructions are incorporated in the returns filed for 2009. The estimates are volume and resulting in lower time and model. The preparation methods subject to change as new data become money burdens. reflected in the model are: available. The estimates include burden The inclusion of Form 1040X has a • Self-prepared without software. for activities up through and including significant positive impact on • Self-prepared with software. filing a return but do not include burden compliance burden estimates. The • Used a paid preparer. associated with post-filing activities. impact of including 1040X has actually The types of taxpayer activities However, operational IRS data indicate out-weighted the impact of economic reflected in the model are: that electronically prepared and e-filed recession in terms of filing volume, but • Recordkeeping. returns have fewer arithmetic errors, not in terms of burden changes (time • Form completion. • implying a lower associated post-filing and money). The burden associated Form submission (electronic and burden. with 1040X was not previously paper). included in the aggregated burden • Tax planning. Taxpayer Burden Model • estimates. Use of services (IRS and paid The table below shows burden professional). Statutory Changes • estimates by form type and type of Gathering tax materials. taxpayer. Time burden is further broken The primary drivers for the statutory The methodology incorporates results out by taxpayer activity. The largest changes are the American Recovery and from a new individual taxpayer survey component of time burden for all Reinvestment Act (ARRA) of 2009 and for TY 2007 and conducted in CY 2008 taxpayers is recordkeeping, as opposed related legislations. and CY 2009. (Prior survey for TY 1999 to form completion and submission. In IRS Discretions Changes and TY 2000 were conducted in CY addition, the time burden associated 2000 and CY 2001). The new survey with form completion and submission The IRS discretions changes include results capture the significant gains in activities is closely tied to preparation 1040X redesign, simplifications in filing productivity associated with the usage method (self-prepared without software, Form 1099B/Schedule D/Form 1040, of tax preparation software and tax self-prepared with software, and creation of Form 4506T–EZ, IRS support preparation services and large shifts in prepared by paid preparer). of the Free File Alliance, and changes to the population away from self expand the eligibility of filing Form preparation by hand towards use of the Proposed PRA Submission to OMB 3800 by individuals and businesses for assisted methods (paid preparers and Title: U.S. Individual Income Tax general business credits. All these tax software). Summary level results Return. initiatives reduce time and money using this methodology are presented in OMB Number: 1545–0074. burdens for the taxpayers. the table below. Form Numbers: Form 1040 and These changes have resulted in an Taxpayer Burden Estimates Schedules A, B, C, C–EZ, D, D–1, E, EIC, overall decrease of 86,792,628 total F, H, J, R, and SE; Form 1040A; Form hours in taxpayer burden previously Time spent and out-of-pocket costs 1040EZ; and all attachments to these approved by OMB. are estimated separately. Out-of-pocket forms (see the Appendix to this notice). Type of Review: Revision of currently costs include any expenses incurred by Abstract: These forms are used by approved collections. taxpayers to prepare and submit their individuals to report their income tax Affected Public: Individuals or tax returns. Examples of out-of-pocket liability. The data is used to verify that households. costs include tax return preparation and the items reported on the forms are Estimated Number of Respondents: submission fees, postage, tax correct, and also for general statistics 143,400,000. preparation software costs, use. Total Estimated Time: 2.431 billion photocopying costs, and phone calls (if Current Actions: The changes in hours (2,431,000,000 hours). not toll-free). aggregated compliance burden estimates Estimated Time per Respondent: 17.3 Both time and cost burdens are can be explained in terms of three major hours. national averages and do not necessarily components: Technical Adjustments, Total Estimated Out-of-Pocket Costs: reflect a ‘‘typical’’ case. For instance, the Statutory Changes, and Agency (IRS) $31.43 billion ($31,543,000,000). average time burden for all taxpayers Discretions. Estimated Out-of-Pocket Cost per filing a 1040, 1040A, or 1040EZ is Respondent: $225. Technical Adjustments estimated at 17.3 hours, with an average An agency may not conduct or cost of $225 per return. This average The largest adjustments are from the sponsor, and a person is not required to includes all associated forms and new survey data. The latest burden respond to, a collection of information schedules, across all preparation estimates are based on a new individual unless the collection of information methods and all taxpayer activities. taxpayer survey for TY 2007 and displays a valid OMB Control Number. Taxpayers filing Form 1040 have an conducted in CY 2008 and CY 2009. Books or records relating to a expected average burden of about 21.4 (Prior survey for TY 1999 and TY 2000 collection of information must be hours, and taxpayers filing Form 1040A were conducted in CY 2000 and CY retained as long as their contents may and Form 1040EZ are expected to 2001). The new survey results capture become material in the administration average about 8 hours. However, within the significant gains in productivity of any internal revenue law. Generally, each of these estimates, there is associated with the usage of tax tax returns and tax return information significant variation in taxpayer activity. preparation software and tax are confidential, as required by 26 Similarly, tax preparation fees vary preparation services and large shifts in U.S.C. 6103. extensively depending on the taxpayer’s the population away from self tax situation and issues, the type of preparation by hand towards use of the Request for Comments professional preparer, and the assisted methods (paid preparers and All comments will become a matter of geographic area. tax software). public record. Comments are invited on:

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(a) Whether the collection of information; (c) ways to enhance the technology; and (e) estimates of capital information is necessary for the proper quality, utility, and clarity of the or start-up costs and costs of operation, performance of the functions of the information to be collected; (d) ways to maintenance, and purchase of services agency, including whether the minimize the burden of the collection of to provide information. information will have practical utility; information on respondents, including (b) the accuracy of the agency’s estimate through the use of automated collection Robert Dahl, of the burden of the collection of techniques or other forms of information Treasury Departmental Clearance Officer.

ESTIMATED AVERAGE TAXPAYER BURDEN FOR INDIVIDUALS BY ACTIVITY

Average time burden (hours) Primary form filed or type Percentage Average of taxpayer of returns Total time Record- Tax plan- Form com- Form sub- All other cost keeping ning pletion mission (dollars)

The average time and costs required to complete and file Form 1040, Form 1040A, Form 1040EZ, their schedules, and accompanying forms will vary depending on individual circumstances. The estimated averages are:

All taxpayers Primary forms filed...... 100 17.3 8.0 1.7 4.3 1.0 2.4 $225 1040 ...... 70 21.4 10.2 2.1 5.2 1.0 2.9 280 1040A & 1040EZ Type of taxpayer ...... 30 8.0 2.7 0.8 2.3 0.8 1.3 96 Nonbusiness* ...... 69 10.7 4.1 1.1 3.0 0.8 1.7 129 Business* ...... 31 31.9 16.5 3.0 7.1 1.2 4.0 434 * You are considered a ‘‘business’’ filer if you file one or more of the following with Form 1040: Schedule C, C–EZ, E, or F or Form 2106 or 2106–EZ. You are considered a ‘‘nonbusiness’’ filer if you did not file any of those schedules or forms with Form 1040 or if you file Form 1040A or 1040EZ.

APPENDIX

Forms Title

673 ...... Statement for Claiming Exemption from Withholding on Foreign Earned Income Eligible for the Exclusions Pro- vided by Section 911. 926 ...... Return by a U.S. Transferor of Property to a Foreign Corporation. 970 ...... Application To Use LIFO Inventory Method. 972 ...... Consent of Shareholder To Include Specific Amount in Gross Income. 982 ...... Reduction of Tax Attributes Due To Discharge of Indebtedness (and Section 1082 Basis Adjustment). 1040 ...... U.S. Individual Income Tax Return. 1040 SCH A ...... Itemized Deductions. 1040 SCH B ...... Interest and Ordinary Dividends. 1040 SCH C ...... Profit or Loss From Business. 1040 SCH C–EZ ...... Net Profit From Business. 1040 SCH D ...... Capital Gains and Losses. 1040 SCH D–1 ...... Continuation Sheet for Schedule D. 1040 SCH E ...... Supplemental Income and Loss. 1040 SCH EIC ...... Earned Income Credit. 1040 SCH F ...... Profit or Loss From Farming. 1040 SCH H ...... Household Employment Taxes. 1040 SCH J ...... Income Averaging for Farmers and Fishermen. 1040 SCH L ...... Standard Deduction for Certain Filers. 1040 SCH M ...... Making Work Pay and Government Retiree Credits. 1040 SCH R ...... Credit for the Elderly or the Disabled. 1040 SCH SE ...... Self-Employment Tax. 1040 A ...... U.S. Individual Income Tax Return. 1040ES (NR) ...... U.S. Estimated Tax for Nonresident Alien Individuals. 1040 ES/V–OCR ...... Estimated Tax for Individuals (Optical Character Recognition With Form 1040V). 1040 ES–OCR–V ...... Payment Voucher. 1040 ES–OTC ...... Estimated Tax for Individuals. 1040 EZ ...... Income Tax Return for Single and Joint Filers With No Dependents. 1040 NR ...... U.S. Nonresident Alien Income Tax Return. 1040 NR–EZ ...... U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents. 1040 V ...... Payment Voucher. 1040 X ...... Amended U.S. Individual Income Tax Return. 1045 ...... Application for Tentative Refund. 1116 ...... Foreign Tax Credit. 1127 ...... Application for Extension of Time for Payment of Tax 1128 ...... Application To Adopt, Change, or Retain a Tax Year. 1310 ...... Statement of Person Claiming Refund Due a Deceased Taxpayer. 2106 ...... Employee Business Expenses. 2106 EZ ...... Unreimbursed Employee Business Expenses. 2120 ...... Multiple Support Declaration. 2210 ...... Underpayment of Estimated Tax by Individuals, Estates, and Trusts.

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APPENDIX—Continued

Forms Title

2210 F ...... Underpayment of Estimated Tax by Farmers and Fishermen. 2350 ...... Application for Extension of Time To File U.S. Income Tax Return. 2350 SP ...... Solicitud de Pro´rroga para Presentar la Declaracio´n del Impuesto Personal sobre el Ingreso de los Estados Unidos. 2439 ...... Notice to Shareholder of Undistributed Long-Term Capital Gains. 2441 ...... Child and Dependent Care Expenses. 2555 ...... Foreign Earned Income. 2555 EZ ...... Foreign Earned Income Exclusion. 2848 ...... Power of Attorney and Declaration of Representative. 3115 ...... Application for Change in Accounting Method. 3468 ...... Investment Credit. 3520 ...... Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts. 3800 ...... General Business Credit. 3903 ...... Moving Expenses. 4029 ...... Application for Exemption From Social Security and Medicare Taxes and Waiver of Benefits. 4070 ...... Employee’s Report of Tips to Employer. 4070 A ...... Employee’s Daily Record of Tips. 4136 ...... Credit for Federal Tax Paid on Fuels. 4137 ...... Social Security and Medicare Tax on Unreported Tip Income. 4255 ...... Recapture of Investment Credit. 4361 ...... Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders, and Christian Science Practitioners. 4562 ...... Depreciation and Amortization. 4563 ...... Exclusion of Income for Bona Fide Residents of American Samoa. 4684 ...... Casualties and Thefts. 4797 ...... Sales of Business Property. 4835 ...... Farm Rental Income and Expenses. 4852 ...... Substitute for Form W–2, Wage and Tax Statement or Form 1099–R, Distributions From Pension Annuities, Re- tirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. 4868 ...... Application for Automatic Extension of Time To File Individual U.S. Income Tax Return. 4868 SP ...... Solicitud de Pro´rroga Automa´tica para Presentar la Declaracio´n del Impuesto sobre el Ingreso Personal de los Estados Unidos. 4952 ...... Investment Interest Expense Deduction. 4970 ...... Tax on Accumulation Distribution of Trusts. 4972 ...... Tax on Lump-Sum Distributions. 5074 ...... Allocation of Individual Income Tax To Guam or the Commonwealth of the Northern Mariana Islands (CNMI). 5213 ...... Election To Postpone Determination as To Whether the Presumption Applies That an Activity Is Engaged in for Profit. 5329 ...... Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts. 5405 ...... First-Time Homebuyer Credit. 5471 ...... Information Return of U.S. Persons With Respect To Certain Foreign Corporations. 5471 SCH J ...... Accumulated Earnings and Profits (E&P) of Controlled Foreign Corporation. 5471 SCH M ...... Transactions Between Controlled Foreign Corporation and Shareholders or Other Related Persons. 5471 SCH O ...... Organization or Reorganization of Foreign Corporation, and Acquisitions and Dispositions of Its Stock. 5695 ...... Residential Energy Credits. 5713 ...... International Boycott Report. 5713 SCH A ...... International Boycott Factor (Section 999(c)(1)). 5713 SCH B ...... Specifically Attributable Taxes and Income (Section 999(c)(2)). 5713 SCH C ...... Tax Effect of the International Boycott Provisions. 5754 ...... Statement by Person(s) Receiving Gambling Winnings. 5884 ...... Work Opportunity Credit. 6198 ...... At-Risk Limitations. 6251 ...... Alternative Minimum Tax—Individuals. 6252 ...... Installment Sale Income. 6478 ...... Credit for Alcohol Used as Fuel. 6765 ...... Credit for Increasing Research Activities. 6781 ...... Gains and Losses From Section 1256 Contracts and Straddles. 8082 ...... Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR). 8275 ...... Disclosure Statement. 8275 R ...... Regulation Disclosure Statement. 8283 ...... Noncash Charitable Contributions. 8332 ...... Release of Claim to Exemption for Child of Divorced or Separated Parents. 8379 ...... Injured Spouse Claim and Allocation. 8396 ...... Mortgage Interest Credit. 8453 ...... U.S. Individual Income Tax Declaration for an IRS e-file Return. 8582 ...... Passive Activity Loss Limitations. 8582 CR ...... Passive Activity Credit Limitations. 8586 ...... Low-Income Housing Credit. 8594 ...... Asset Acquisition Statement. 8606 ...... Nondeductible IRAs. 8609–A ...... Annual Statement for Low-Income Housing Credit. 8611 ...... Recapture of Low-Income Housing Credit.

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APPENDIX—Continued

Forms Title

8615 ...... Tax for Certain Children Who Have Investment Income of More Than $1,800. 8621 ...... Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund. 8621–A ...... Late Deemed Dividend or Deemed Sale Election by a Passive Foreign Investment Company. 8689 ...... Allocation of Individual Income Tax To the Virgin Islands. 8693 ...... Low-Income Housing Credit Disposition Bond. 8697 ...... Interest Computation Under the Look-Back Method for Completed Long-Term Contracts. 8801 ...... Credit for Prior Year Minimum Tax—Individuals, Estates, and Trusts. 8812 ...... Additional Child Tax Credit. 8814 ...... Parents’ Election To Report Child’s Interest and Dividends. 8815 ...... Exclusion of Interest From Series EE and I U.S. Savings Bonds Issued After 1989. 8818 ...... Optional Form To Record Redemption of Series EE and I U.S. Savings Bonds Issued After 1989. 8820 ...... Orphan Drug Credit. 8821 ...... Tax Information Authorization. 8822 ...... Change of Address. 8824 ...... Like-Kind Exchanges. 8826 ...... Disabled Access Credit. 8828 ...... Recapture of Federal Mortgage Subsidy. 8829 ...... Expenses for Business Use of Your Home. 8832 ...... Entity Classification Election. 8833 ...... Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b). 8834 ...... Qualified Electric Vehicle Credit. 8835 ...... Renewable Electricity and Refined Coal Production Credit. 8838 ...... Consent To Extend the Time To Assess Tax Under Section 367—Gain Recognition Statement. 8839 ...... Qualified Adoption Expenses. 8840 ...... Closer Connection Exception Statement for Aliens. 8843 ...... Statement for Exempt Individuals and Individuals With a Medical Condition. 8844 ...... Empowerment Zone and Renewal Community Employment Credit. 8845 ...... Indian Employment Credit. 8846 ...... Credit for Employer Social Security and Medicare Taxes Paid on Certain Employee Tips. 8847 ...... Credit for Contributions to Selected Community Development Corporations. 8853 ...... Archer MSAs and Long-Term Care Insurance Contracts. 8854 ...... Initial and Annual Expatriation Information Statement. 8858 ...... Information Return of U.S. Persons With Respect to Foreign Disregarded Entities. 8858 SCH M ...... Transactions Between Controlled Foreign Disregarded Entity and Filer or Other Related Entities. 8859 ...... District of Columbia First-Time Homebuyer Credit. 8860 ...... Qualified Zone Academy Bond Credit. 8861 ...... Welfare-to-Work Credit. 8862 ...... Information to Claim Earned Income Credit After Disallowance. 8863 ...... Education Credits. 8864 ...... Biodiesel Fuels Credit. 8865 ...... Return of U.S. Persons With Respect To Certain Foreign Partnerships. 8865 SCH K–1 ...... Partner’s Share of Income, Credits, Deductions, etc. 8865 SCH O ...... Transfer of Property to a Foreign Partnership. 8865 SCH P ...... Acquisitions, Dispositions, and Changes of Interests in a Foreign Partnership. 8866 ...... Interest Computation Under the Look-Back Method for Property Depreciated Under the Income Forecast Method. 8873 ...... Extraterritorial Income Exclusion. 8874 ...... New Markets Credit. 8878 ...... IRS e-file Signature Authorization for Form 4868 or Form 2350. 8878 SP ...... Autorizacion de firma para presentar por medio del IRS e-file para el Formulario 4868(SP) o el Formulario 2350(SP). 8879 ...... IRS e-file Signature Authorization. 8879 SP ...... Autorizacion de firma para presentar la Declaracion por medio del IRS e-file. 8880 ...... Credit for Qualified Retirement Savings Contributions. 8881 ...... Credit for Small Employer Pension Plan Startup Costs. 8882 ...... Credit for Employer-Provided Childcare Facilities and Services. 8885 ...... Health Coverage Tax Credit. 8886 ...... Reportable Transaction Disclosure Statement. 8888 ...... Direct Deposit of Refund to More Than One Account. 8889 ...... Health Savings Accounts (HSAs). 8891 ...... U.S. Information Return for Beneficiaries of Certain Canadian Registered Retirement Plans 8896 ...... Low Sulfur Diesel Fuel Production Credit. 8898 ...... Statement for Individuals Who Begin or End Bona Fide Residence in a U.S. Possession. 8900 ...... Qualified Railroad Track Maintenance Credit. 8903 ...... Domestic Production Activities Deduction. 8906 ...... Distills Spirits Credit. 8907 ...... Nonconventional Source Fuel Credit. 8908 ...... Energy Efficient Home Credit. 8910 ...... Alternative Motor Vehicle Credit. 8911 ...... Alternative Fuel Vehicle Refueling Property Credit. 8915 ...... Qualified Hurricane Retirement Plan Distribution and Repayments. 8917 ...... Tuition and Fees Deduction. 8919 ...... Uncollected Social Security and Medicare Tax on Wages.

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APPENDIX—Continued

Forms Title

8923 ...... Mining Rescue Team Training Credit. 8925 ...... Report of Employer-Owned Life Insurance Contracts 8930 ...... Qualified Disaster Recovery Assistance Retirement Plan Distributions and Repayments. 8931 ...... Agricultural Chemicals Security Credit. 8932 ...... Credit for Employer Differential Wage Payments. 8933 ...... Carbon Dioxide Sequestration Credit. 8936 ...... Qualified Plug-In Electric Drive Motor Vehicle Credit. 9465 ...... Installment Agreement Request. 9465 SP ...... Solicitud para un Plan de Pagos a Plazos. Notice 2006–52 ...... Notice 160920–05 ...... Deduction for Energy Efficient Commercial Buildings. Pub 972 Tables ...... Child Tax Credit. REG–149856–03 ...... Notice of Proposed Rulemaking Dependent Child of Divorced or Separated Parents or Parents Who Live Apart. SS–4 ...... Application for Employer Identification Number. SS–8 ...... Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. T (Timber) ...... Forest Activities Schedules. W–4 ...... Employee’s Withholding Allowance Certificate. W–4 P ...... Withholding Certificate for Pension or Annuity Payments. W–4 S ...... Request for Federal Income Tax Withholding From Sick Pay. W–4 SP ...... Certificado de Exencion de la Retencion del Empleado. W–4 V ...... Voluntary Withholding Request. W–5 ...... Earned Income Credit Advance Payment Certificate. W–5 SP ...... Certificado del pago por adelantado del Credito por Ingreso del Trabajo. W–7 ...... Application for IRS Individual Taxpayer Identification Number. W–7 A ...... Application for Taxpayer Identification Number for Pending U.S. Adoptions. W–7 SP ...... Solicitud de Numero de Identicacion Personal del Contribuyente del Servicio de Impuestos Internos. Forms Removed from this Reason for removal: ICR: (1) Form 1040A, Sched- Obsolete. ule 1. (2) Form 1040A, Sched- Obsolete. ule 2. (3) Form 1040A, Sched- Obsolete. ule 3. (4) Form 8901 ...... Obsolete. Forms Added to this ICR: Justification for Addition: (1) Form 8923 (2) Form 8930 ...... Section 702(d) of P.L. 110–343 modifies IRC 1400Q. (3) Form 8933 ...... Public Law 110–343, Division B, Title II, section 202 added Code section 45Q. (4) Form 8936 ...... This new credit is pursuant to section 115 of Subtitle B of Title II of Division B of the Emergency Economic Sta- bilization Act of 2008 (P.L. 110–343) which added new Code section 45Q. (5) 1040, Schedule L .... P.L. 111–5, Div B, sec. 1008 (6) 1040, Schedule M ... P.L. 111–5, sections 1001 and 2202 respectively.

[FR Doc. 2010–9657 Filed 4–26–10; 8:45 am] System (Board); Federal Deposit DATES: Comments must be submitted on BILLING CODE 4830–01–P Insurance Corporation (FDIC); and or before June 28, 2010. Office of Thrift Supervision (OTS), ADDRESSES: Interested parties are Treasury. invited to submit written comments to DEPARTMENT OF THE TREASURY ACTION: Joint notice and request for any or all of the Agencies. All Office of the Comptroller of the comment. comments, which should refer to the Currency OMB control number(s), will be shared SUMMARY: The OCC, Board, FDIC and among the Agencies. FEDERAL RESERVE SYSTEM OTS (collectively, the Banking Agencies OCC: Communications Division, or Agencies), as part of their continuing Office of the Comptroller of the FEDERAL DEPOSIT INSURANCE effort to reduce paperwork and Currency, Mailstop 2–3, Attention: CORPORATION respondent burden, invite the general 1557–0124, 250 E Street, SW., public and other Federal agencies to Washington, DC 20219. In addition, DEPARTMENT OF THE TREASURY comment on the proposed renewal of comments may be sent by fax to (202) the interagency Transfer Agent and 874–5274, or by electronic mail to Office of Thrift Supervision Amendment Form, as required by the [email protected]. You may Paperwork Reduction Act of 1995. The personally inspect and photocopy Proposed Agency Information Banking Agencies may not conduct or comments at the OCC, 250 E Street, Collection Renewal; Comment Request sponsor, and the respondent is not SW., Washington, DC 20219. For required to respond to, an information security reasons, the OCC requires that AGENCIES: Office of the Comptroller of collection unless it displays a currently visitors make an appointment to inspect the Currency (OCC), Treasury; Board of valid Office of Management and Budget comments. You may do so by calling Governors of the Federal Reserve (OMB) control number. (202) 874–4700. Upon arrival, visitors

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will be required to present valid OTS: You may submit comments, OCC: Mary H. Gottlieb, OCC government-issued photo identification identified by ‘‘1550–0118 (Form TA–1),’’ Clearance Officer, (202) 874–5090, and to submit to security screening in by any of the following methods: Legislative and Regulatory Activities order to inspect and photocopy • Federal eRulemaking Portal: http:// Division, Office of the Comptroller of comments. www.regulations.gov. Follow the the Currency, 250 E Street, SW., Board: You may submit comments, instructions for submitting comments. Washington, DC 20219. • which should refer to ‘‘FR TA–1, 7100– E-mail address: Board: Michelle E. Shore, Federal 0099,’’ by any of the following methods: [email protected]. Reserve Board Clearance Officer, (202) • Agency Web Site: http:// Please include ‘‘1550–0118 (Form TA– 452–3829, Division of Research and www.federalreserve.gov. Follow the 1)’’ in the subject line of the message Statistics, Board of Governors of the instructions for submitting comments and include your name and telephone Federal Reserve System, 20th and C on the http://www.federalreserve.gov/ number in the message. Streets, NW., Washington, DC 20551. • Fax: (202) 906–6518. generalinfo/foia/ProposedRegs.cfm. • Telecommunications Device for the Deaf • Mail: Information Collection (TDD) users may call (202) 263–4869. Federal eRulemaking Portal: http:// Comments, Chief Counsel’s Office, www.regulations.gov. Follow the FDIC: Gary A. Kuiper, 202.898.3877, Office of Thrift Supervision, 1700 G Legal Division, Federal Deposit instructions for submitting comments. Street, NW., Washington, DC 20552, • Insurance Corporation, 550 17th Street, E-mail: Attention: ‘‘1550–0118 (Form TA–1)’’. • NW., Washington, DC 20429. [email protected]. Hand Delivery/Courier: Guard’s OTS: Ira Mills, OTS Clearance Officer, Include the OMB control number for Desk, East Lobby Entrance, 1700 G at [email protected], (202) 906– this information collection in the Street, NW., from 9 a.m. to 4 p.m. on 6531, or facsimile number (202) 906– subject line of the message. business days, Attention: Information • 6518, Regulations & Legislation FAX: 202–452–3819 or 202–452– Collection Comments, Chief Counsel’s Division, Chief Counsel’s Office, Office 3102. Office, Attention: ‘‘1550–0118 (Form of Thrift Supervision, 1700 G Street, • Mail: Jennifer J. Johnson, Secretary, TA–1)’’. NW., Washington, DC 20552. Instructions: All submissions received Board of Governors of the Federal SUPPLEMENTARY INFORMATION: The Reserve System, 20th Street and must include the agency name and OMB Control Number for this information Banking Agencies are proposing to Constitution Avenue, NW., Washington, extend for three years, without revision, DC 20551. collection. All comments received will be posted without change to the OTS the uniform interagency Transfer Agent All public comments are available from Internet Site at http://www.ots.treas.gov/ Registration and Amendment Form. The the Board’s Web site at pagehtml.cfm?catNumber=67&an=1, Securities Exchange Act of 1934 (the www.federalreserve.gov/generalinfo/ including any personal information Act) requires any person acting as a foia/ProposedRegs.cfm as submitted, provided. transfer agent to register as such and to unless modified for technical reasons. Docket: For access to the docket to amend registration information when it Accordingly, your comments will not be read background documents or changes. edited to remove any identifying or comments received, go to http:// Report Title: Transfer Agent contact information. Public comments www.ots.treas.gov/ Registration and Amendment Form. may also be viewed electronically or in pagehtml.cfm?catNumber=67&an=1. In Form Number: TA–1. paper in Room MP–500 of the Board’s Frequency of Response: On occasion. addition, you may inspect comments at Affected Public: Business or other for- Martin Building (20th and C Streets, the Public Reading Room, 1700 G Street, NW.) between 9 a.m. and 5 p.m. on profit. NW., by appointment. To make an Estimated Time per Response: 1.25 weekdays. appointment for access, call (202) 906– FDIC: You may submit comments, hours: registration, 10 minutes: 5922, send an e-mail to amendment. which should refer to ‘‘Transfer Agent [email protected], or send a Registration and Amendment Form, facsimile transmission to (202) 906– OCC 3064–0026’’ by any of the following 7755. (Prior notice identifying the OMB Number: 1557–0124. methods: materials you will be requesting will Estimated Number of Respondents: 3 • http://www.FDIC.gov/regulations/ assist us in serving you.) We schedule registrations, 10 amendments. laws/federal/notices.html. appointments on business days between Estimated Total Annual Burden: 5 • E-mail: [email protected]. 10 a.m. and 4 p.m. In most cases, hours. Include ‘‘Transfer Agent Registration appointments will be available the next Board and Amendment Form, 3064–0026’’ in business day following the date we the subject line of the message. receive a request. OMB Number: 7100–0099. • Mail: Gary A. Kuiper Additionally, commenters may send a Estimated Number of Respondents: 5 (202.898.3877), Attn: Comments, copy of their comments to the OMB registrations, 10 amendments. Federal Deposit Insurance Corporation, desk officer for the Agencies by mail to Estimated Total Annual Burden: 8 550 17th Street, NW., Washington, DC the Office of Information and Regulatory hours. 20429. Affairs, U.S. Office of Management and FDIC • Hand Delivery: Comments may be Budget, New Executive Office Building, OMB Number: 3064–0026. Room 10235, 725 17th Street, NW., hand delivered to the guard station at Estimated Number of Respondents: 2 Washington, DC 20503, or by fax to the rear of the 550 17th Street Building registrations, 13 amendments. (located on F Street) on business days (202) 395–6974. Estimated Total Annual Burden: 5 between 7 a.m. and 5 p.m. FOR FURTHER INFORMATION CONTACT: For hours. Public Inspection: All comments further information about the proposed received will be posted without change information collection discussed in this OTS to http://www.fdic.gov/regulations/laws/ notice, please contact any of the agency OMB Number: 1550–0118. federal/notices.html including any clearance officers whose names appear Estimated Number of Respondents: 5 personal information provided. below. registrations, 10 amendments.

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Estimated Total Annual Burden: 8 Dated: April 5, 2010. CDFI Fund’s Web site at http://www. hours. Michele Meyer, cdfifund.gov. Requests for additional information should be directed to General Description of Reports Assistant Director, Legislative and Regulatory Activities Division, Office of the Comptroller Ashanti McCallum, Paralegal Specialist, This information collection is of the Currency. Community Development Financial mandatory: Sections 17A(c), 17(a)(3), Board of Governors of the Federal Reserve Institutions Fund, U.S. Department of and 23(a) of the Act, as amended (15 System, dated: April 20, 2010. the Treasury, 601 13th Street, NW., U.S.C. 78q–1(c), 78q(a)(3), and 78w(a)) Jennifer J. Johnson, Suite 200 South, Washington, DC 20005, (Board and FDIC). Sections 12, 13, 14(a), Secretary of the Board. or call (202) 622–9018. Please note this 14(c), 14(d), 14(f), and 16 of the Act, as Dated at Washington, DC, this 19th day of is not a toll free number. amended (15 U.S.C. 781, 78m, 78n(a), March 2010. SUPPLEMENTARY INFORMATION: 78n(c), 78n(d), 78n(f), and 78p (OCC). Federal Deposit Insurance Corporation. Title: Conflict of Interest Package for Additionally, the Federal Reserve’s Robert E. Feldman, CDFI Fund Application Reviewers. Regulation H (section 208.31(a)) and Executive Secretary. Abstract: Through its programs, the Regulation Y (section 225.4(d)), as well Dated: March 29, 2010. CDFI Fund supports financial as § 341.3 of the FDIC’s Rules and Ira L. Mills, institutions around the country that are Regulations implement the provisions of OTS Clearance Officer, Office of Chief specifically dedicated to financing and the Act. The registrations are public Counsel, Office of Thrift Supervision. supporting community and economic filings and are not considered [FR Doc. 2010–9722 Filed 4–26–10; 8:45 am] development activities. This strategy confidential. BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P; builds strong institutions that make Abstract 6720–01–P loans and investments and provide financial services in markets (including Section 17A(c) of the Act requires all economically distressed investment transfer agents for securities registered DEPARTMENT OF THE TREASURY areas and targeted populations) whose under section 12 of the Act to register needs for loans, investments, and Community Development Financial ‘‘by filing with the appropriate financial services have not been fully Institutions Fund regulatory agency met by traditional financial institutions, * * * an application for registration Proposed Collection; Comment particularly in the areas of promoting in such form and containing such Request homeownership, developing of information and documents * * * as affordable housing, and stimulating such appropriate regulatory agency may ACTION: Notice and request for small business development, as well as prescribe as necessary or appropriate in comments. providing financial services to those furtherance of the purposes of this who have not previously accessed section.’’ In general, an entity SUMMARY: The Department of the financial institutions. performing transfer agent functions for a Treasury, as part of its continuing effort Consistent with the Federal security is required to register if the to reduce paperwork and respondent Acquisition Regulations provisions on security is registered on a national burden, invites the general public and conflicts of interest, the CDFI Fund has securities exchange and if the issuer has other Federal agencies to take this applied, and will continue to apply, a total assets of $10 million or more and opportunity to comment on proposed conflict of interest policy with respect to a class of equity security held of record and/or continuing information its application reviewers. This policy by 500 or more persons. collections, as required by the will prohibit reviewers from Paperwork Reduction Act of 1995, 44 Request for Comment participating in the evaluation or U.S.C. 3506(c)(2)(A). Currently, the process of selection of applications The Agencies invite comment on: Community Development Financial where such participation creates a (a) Whether the collections of Institutions (CDFI) Fund, Department of conflict of interest or an appearance of information are necessary for the proper the Treasury, is soliciting comments a conflict of interest. The conflict of performance of the Agencies’ functions, concerning the CDFI Fund’s conflict of interest policy and review materials are including whether the information has interest reporting requirements for used by the CDFI Fund to determine practical utility; contract readers of applications whether a conflict of interest or an (b) The accuracy of the Agencies’ submitted for funding or tax credit appearance of a conflict of interest will estimates of the burden of the allocation authority under the CDFI prevent a reviewer from being assigned information collections, including the Fund’s award programs. particular applications during the validity of the methodology and DATES: Written comments must be evaluation process for the CDFI Fund assumptions used; received on or before June 28, 2010 to awards. The policy and review materials (c) Ways to enhance the quality, be assured of consideration. are applicable to all reviewers, utility, and clarity of the information to ADDRESSES: Direct all comments to including CDFI Fund staff and other be collected; and Jeffrey C. Berg, Legal Counsel, at the federal government employees, as well (d) Ways to minimize the burden of Community Development Financial as those reviewers engaged through information collections on respondents, Institutions Fund, U.S. Department of contract with the CDFI Fund. The including through the use of automated the Treasury, 601 13th Street, NW., completion of the package is mandatory collection techniques or other forms of Suite 200 South, Washington, DC 20005, for all reviewers. information technology. by e-mail to conflictofinterestcomments Current Action: Reinstatement. Comments submitted in response to @cdfi.treas.gov or by facsimile to (202) Type of review: Regular review. this notice will be shared among the 622–8244. Affected Public: Individuals. Agencies. Unless otherwise afforded FOR FURTHER INFORMATION CONTACT: Estimated Number of Respondents: confidential treatment pursuant to The CDFI Fund’s Conflict of Interest 400. Federal law, all comments will become Package for CDFI Fund Application Estimated Annual Time per a matter of public record. Reviewers may be obtained from the Respondent: 15 minutes (0.25 hours).

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Estimated Total Annual Burden • Advises the Secretary of the hours of 8 a.m. and 4:30 p.m., Monday Hours: 100 hours. Treasury with regard to the events, through Friday (except holidays). Please Request for Comments: Comments persons, or places to be commemorated call (202) 273–9515 for an appointment. submitted in response to this notice will by the issuance of commemorative coins (This is not a toll-free number.) In be summarized and/or included in the in each of the five calendar years addition, during the comment period, request for OMB approval. All succeeding the year in which a comments may be viewed online comments will become a matter of commemorative coin designation is through the Federal Docket Management public record. Comments are invited on: made. System (FDMS) at http:// • (a) Whether the collection of Makes recommendations with www.Regulations.gov. information is necessary for the proper respect to the mintage level for any performance of the functions of the commemorative coin recommended. FOR FURTHER INFORMATION CONTACT: agency, including whether the FOR FURTHER INFORMATION CONTACT: Cliff Shayla V. Mitchell, Management and information shall have practical utility; Northup, United States Mint Liaison to Program Analyst, Education Service (b) the accuracy of the agency’s estimate the CCAC; 801 9th Street, NW.; (225C), Department of Veterans Affairs, of the burden of the collection of Washington, DC 20220; or call 202–354– 810 Vermont Avenue, NW., information; (c) ways to enhance the 7200. Washington, DC 20420 telephone quality, utility, and clarity of the Any member of the public interested (202) 461–1483. information to be collected; (d) ways to in submitting matters for the CCAC’s minimize the burden of the collection of consideration is invited to submit them SUPPLEMENTARY INFORMATION: VA information on respondents, including by fax to the following number: 202– proposes to update the system location through the use of technology; and (e) 756–6830. to include the location of a new facility where active educational assistance estimates of capital or start-up costs and Authority: 31 U.S.C. 5135(b)(8)(C). costs of operation, maintenance, and records will be housed. VA also purchase of services required to provide Dated: April 22, 2010. proposes to add a routine use that will information. Andrew Brunhart, permit the disclosure of information on Deputy Director, United States Mint. Authority: 12 U.S.C. 4703(c); 48 CFR transferred educational assistance subpart 9.5. [FR Doc. 2010–9699 Filed 4–26–10; 8:45 am] benefits to the individual from whom BILLING CODE P eligibility was derived, the transferor, Dated: April 21, 2010. and the individual who received the Scott Berman, educational benefits, the transferee. Acting, Chief Operating Officer. DEPARTMENT OF VETERANS VA proposes to disclose claim [FR Doc. 2010–9658 Filed 4–26–10; 8:45 am] AFFAIRS specific information to a transferor since BILLING CODE 4810–70–P Privacy Act of 1974; System of the transferor may terminate, deny, Records suspend, add, or reduce educational DEPARTMENT OF THE TREASURY benefits to an eligible dependent at any AGENCY: Department of Veterans Affairs. time during the individual’s eligibility United States Mint ACTION: Notice of Amendment to an period. Since both the transferor and the Existing System of Records. dependent are coequally responsible for Notification of Citizens Coinage any debt incurred by the dependent, SUMMARY: As required by the Privacy Advisory Committee April 27, 2010 both parties should have access to all Public Meeting Act of 1974 (5 U.S.C. 552(e)(4)), notice is hereby given that the Department of information pertaining to such SUMMARY: Pursuant to United States Veterans Affairs (VA) proposes to entitlement. Code, Title 31, section 5135(b)(8)(C), the amend the existing system of records The Privacy Act permits VA to United States Mint announces the titled ‘‘Compensation, Pension, disclose information about individuals Citizens Coinage Advisory Committee Education, and Vocational without their consent for a routine use (CCAC) public meeting scheduled for Rehabilitation and Employment when the information will be used for April 27, 2010. Records—VA (58VA21/22/28).’’ VA is a purpose that is compatible with the Date: April 27, 2010. amending the system of records by purpose for which the information was Time: 8:30 a.m. to 10 a.m. adding a new system location and a new collected. Location: Sheraton Society Hill Hotel- routine use regarding transfer of The report of intent to amend and an Downtown Philadelphia, Cook Room, educational benefits under the new advance copy of the proposed changes One Dock Street, Philadelphia, Post-9/11 GI Bill. Pennsylvania 19106. have been sent to the appropriate DATES: Comments on this amended Subject: Review and discussion of Congressional committees and to the system of records must be received no candidate designs for the reverse of Director of the Office of Management later than May 27, 2010. 2011 Native American $1 Coin. and Budget (OMB), as required by ADDRESSES: Discussion and planning for 2010 Written comments may be 5 U.S.C. 552a(r) (Privacy Act) and submitted through http:// Annual Report. guidelines issued by OMB (65 FR www.Regulations.gov; by mail or hand- Interested persons should call 202– 977677), December 12, 2000. 354–7502 for the latest update on delivery to the Director, Regulations meeting time and room location. Management (02REG), Department of The proposed new routine use In accordance with 31 U.S.C. 5135, Veterans Affairs, 810 Vermont Avenue, numbered 65 will be added to the the CCAC: NW., Room 1068, Washington, DC system of records titled ‘‘Compensation, • Advises the Secretary of the 20420; or by fax to (202) 273–9026. Pension, Education, and Vocational Treasury on any theme or design Copies of comments received will be Rehabilitation and Employment proposals relating to circulating coinage, available for public inspection in the Records—VA’’ (58VA21/22/28), bullion coinage, Congressional Gold Office of Regulation Policy and published in the Federal Register at 74 Medals, and national and other medals. Management, Room 1063B, between the FR 29275 (6/19/09).

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Notice of Amendment to System Location claimant pursues or intends to pursue number, and address) relating to the use training and Terremark Worldwide, Inc., SYSTEM LOCATION: of transferred educational assistance Federal Hosting Facility in Culpepper, benefits may be coequally disclosed to Records are maintained at VA Virginia. the transferor, i.e., the individual from regional offices and centers; the VA Records Management Center in St. * * * * * whom eligibility was derived, and to Louis, Missouri; the Data Processing each transferee, i.e., the individual Notice of Amendment of System of receiving the transferred benefit. The Center at Hines, Illinois; the Corporate Records Franchise Data Center in Austin, Texas; information disclosed is limited to the and the Information Technology Center The system identified as 58VA21/22/ two parties in each transferor-transferee in Philadelphia, Pennsylvania. Active 28 Compensation, Pension, Education relationship, as the transferor may have records are generally maintained by the and Vocational Rehabilitation and multiple transferred relationships. regional office having jurisdiction over Employment Records—VA published in * * * * * the Federal Register at 74 FR 29275 the domicile of the claimant. Active Approved: April 9, 2010. educational assistance records are (6/19/09) is revised to add new routine generally maintained at the regional use numbered 65. John R. Gingrich, processing office having jurisdiction * * * * * Chief of Staff, Department of Veterans Affairs. over the educational institution, training 65. Information in this system [FR Doc. 2010–9755 Filed 4–26–10; 8:45 am] establishment, or other entity where the (excluding date of birth, social security BILLING CODE 8320–01–P

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Part II

Postal Regulatory Commission 39 CFR Parts 3001 and 3005 Obtaining Information From the Postal Service; Final Rule

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POSTAL REGULATORY COMMISSION the comments submitted, the grounds of undue burden or cost must Commission is adopting the proposed demonstrate that undue burden or cost 39 CFR Parts 3001 and 3005 rules with several minor modifications, by clear and convincing evidence. Id. at [Docket No. RM2009–12; Order No. 441] clarifications, and corrections. 9–12. Finally, the Postal Service suggests II. Comments Obtaining Information From the Postal that the Commission clarify that Service The Commission received a total of proposed rule 31 will not apply to five comments and reply comments on Commission proceedings.5 The purpose AGENCY: Postal Regulatory Commission. the proposed rules.3 In its comments, of this clarification would be to prevent ACTION: Final rule. the Postal Service raises essentially five the use of ‘‘rule 31’’ as a means of issues. First, it requests that the circumventing the requirements SUMMARY: The Commission is adopting Commission revise proposed rule 12(c), contained in rule 33 of the a final rule on procedures for obtaining which authorizes the summary issuance Commission’s existing rules of practice. information from the Postal Service. of subpoenas without a prior Id. at 13–14. Alternatively, the Postal Their adoption is consistent with opportunity to provide information Service requests that proposed rule 31 Commission obligations under a recent voluntarily.4 The suggested revision be modified to include the same change in law. would require the Commission to make requirements contained in rule 33 of the DATES: Effective April 27, 2010. a good faith attempt to reach the Postal rules of practice. Id. at 14. FOR FURTHER INFORMATION CONTACT: Service’s General Counsel (or other In its initial comments, Valpak states Stephen L. Sharfman, General Counsel, authorized person) prior to invoking that the proposed regulations appear to 202–789–6820 or rule 12(c). Postal Service Comments at conform to the Commission’s statutory [email protected]. 1–2. authorization, but urges a clarification Second, the Postal Service suggests SUPPLEMENTARY INFORMATION: Regulatory to the subpoena form that was attached two changes to the procedures set forth History, 74 FR 51815 (October 8, 2009). to Order No. 293. Valpak Comments at in proposed rule 13 that apply to third- 2–3. Specifically, Valpak urges the Table of Contents party requests for subpoenas. The first Commission to revise the subpoena I. Introduction change would prohibit a third party form by adding a field to identify the II. Comments from requesting a subpoena to enforce a name of the report, if any, to which a III. Summary of Changes to Proposed Commission (as opposed to a third- subpoena applies.6 Id. at 3. The purpose Rules party) information request. Id. at 2–3. of this change would be to ‘‘ensure that IV. Discussion The second proposed change would the jurisdictional basis for each V. Section-by-Section Analysis of the require third-party applicants for subpoena would be clarified at the Rules subpoenas to include in their outset.’’ Id. In reply comments, Valpak VI. Effective Date application three certifications in opposes the Postal Service’s attempt to VII. Ordering Paragraphs addition to the certification that the preclude third parties from seeking Postal Service (or other subpoena target) I. Introduction subpoenas to enforce Commission had failed to comply with a Commission information requests. Valpak Reply In this order, the Postal Regulatory order directing the production of Comments at 1–3. Valpak also opposes Commission (Commission) adopts rules information. Id. at 3–4. the Postal Service’s attempt to require governing (1) the issuance of subpoenas Third, the Postal Service objects to the additional certifications in third-party requiring officers, employees, agents, or requirement in proposed rule 14(a) that subpoena requests. Id. at 3–4. contractors of the United States Postal places responsibility on the Postal APWU objects to the changes Service (Covered Persons) to appear and Service for serving a subpoena on a proposed by the Postal Service to rule present testimony or to produce third-party contractor. Id. at 4–9. 15 that relate to the showing of undue documentary or other evidence; (2) the Fourth, the Postal Service challenges burden or cost required to justify a enforcement of Commission subpoenas the requirement in proposed rule 15(e) failure or refusal to disclose or provide by district courts of the United States; that the failure or refusal to produce electronically stored information. and (3) the issuance of orders requiring electronically stored information on APWU Comments at 1–2. APWU also depositions and responses to written opposes the Postal Service’s requested interrogatories by any of those same 3 Comments of the Public Representative in clarification regarding the application of Covered Persons. These rules Response to Notice and Order Concerning Information from the Postal Service (Public proposed rule 31 to Commission implement section 602 of the Postal Representative Comments); United States Postal proceedings, as well as the Postal Accountability and Enhancement Act Service Comments in Response to Order No. 293 Service’s proposed alternative to modify (PAEA), Public Law 109–435, 120 Stat. (Postal Service Comments); Valpak Direct proposed rule 31 to conform to rule 33 3198, December 20, 2006, which Marketing Systems, Inc. and Valpak Dealers’ Association, Inc. Initial Comments on Proposed of the rules of practice. Id. at 2–3. amended section 504 of title 39 of the Rulemaking Concerning Obtaining Information United States Code by adding a new from the Postal Service (Valpak Comments), all 5 As the Postal Service correctly points out, the subsection 504(f) authorizing the filed on November 9, 2009; Valpak Direct Marketing correct number of the proposed rule in subpart C Systems, Inc. and Valpak Dealers’ Association, Inc. of the proposed regulations is ‘‘§ 3005.21,’’ not issuance of subpoenas and the taking of Reply Comments on Proposed Rulemaking ‘‘§ 3005.31’’ as set forth in the text of the rule. Id. depositions and responses to written Concerning Obtaining Information from the Postal at 12, n.21. The Postal Service nevertheless refers interrogatories by certain persons.1 Service, November 23, 2009 (Valpak Reply to this rule as ‘‘rule 31’’ in its comments. Id. at 12– Comments were solicited by Order Comments); and Reply Comments of American 14. APWU also refer to this rule as ‘‘rule 31.’’ See 2 Postal Workers Union, AFL-CIO, November 24, APWU Comments at 2. For consistency and to No. 293. After careful consideration of 2009 (APWU Reply Comments). On November 25, avoid confusion, the Commission refers to this rule 2009, APWU filed American Postal Workers’ Union, as ‘‘rule 31.’’ The Commission is, however, 1 Section 601(a)(3) of the PAEA created section AFL-CIO, Motion for Late Acceptance of Reply correcting the erroneous number in the final version 504 by re-designating then-existing section 3604 of Comments. The motion is granted. of the rules adopted by this order. title 39 as section 504. 4 The Postal Service has referred to discrete 6 The proposed subpoena form attached to Order 2 Notice and Order of Proposed Rulemaking sections of proposed 39 CFR part 3005 as ‘‘rules.’’ No. 293 included an analogous field for specifying Concerning Obtaining Information From the Postal To avoid confusion, that convention will be the Commission proceeding to which a subpoena Service, September 2, 2009 (Order No. 293). followed in this order. relates.

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The Public Representative states that existing contract. In addition, the subpoena by the Commission are in the proposed rules appear to conform to proposed rule will be modified to conformity with statutory and other the statutory requirements of 39 U.S.C. eliminate any Postal Service applicable authorities under which the 504, but suggests several modifications responsibility for transmitting Commission functions. Public and clarifications. Public Representative subpoenas to former officers, Representative Comments at 4–5. The Comments at 8–9. First, the Public employees, agents, and contractors. Public Representative makes this Representative suggests a modification Instead, the person who requested the proposal because she finds ambiguity in to the provisions of proposed rule 11 subpoena and, in some cases, the phraseology of rule 11 as proposed. As that allow for the attachment to a Commission, will be responsible for proposed, rule 11(d) would permit the subpoena of conditions deemed serving subpoenas on former officers, attachment of conditions to a subpoena ‘‘ ‘necessary and appropriate under the employees, agents, and contractors. that are ‘‘necessary and appropriate circumstances presented.’ ’’ Id. at 4–5. Rule 14(b) is modified to state under the circumstances presented.’’ Second, the Public Representative expressly the Commission’s authority to The Commission recognizes that any suggests that the Commission revise extend the time for filing a return of conditions attached to a subpoena must proposed rule 12 to clarify the service of a subpoena. be authorized by law and consistent procedures or standards used to Rule 15(e) is revised by removing the with statutory authorities under which demonstrate that the Postal Service has requirement that a refusal to produce the Commission operates. Subpoena been given an opportunity to provide electronically stored information must conditions must also reflect the specific information voluntarily (or that the be justified by ‘‘clear and convincing need for information and the Postal Service has failed to respond) evidence.’’ Rule 15(e) is replaced by circumstances in which the subpoena is before a subpoena is issued. Id. at 5–6. additions to rules 12 (governing issued. The Commission believes that Third, the Public Representative summarily issued subpoenas) and 13 the requirement in rule 11(d) that suggests that the Commission consider (governing subpoenas requested by third subpoena conditions be ‘‘necessary and changes in the procedures under parties) that require opponents of appropriate’’ implicitly includes an proposed rule 13 by which the Postal subpoenas to state ‘‘with particularity’’ obligation to attach conditions that are Service would confirm that a Covered the reasons why a subpoena would be in conformance with the legal Person does not object to a subpoena. unduly burdensome or costly. authorities under which the The Public Representative also suggests The subpoena form is modified by Commission functions. The change that the Commission consider adding a placeholder for ‘‘Report Name- proposed by the Public Representative modifications that ensure a Covered If Applicable.’’ The proposed form could be interpreted as a limitation on Person’s right to state his objections to already has a placeholder for ‘‘Case the Commission’s discretion and a subpoena request directly to the Name-If Applicable.’’ thereby undermine, rather than foster, Commission, not through the Postal Finally, the Commission redesignates the attachment of lawful conditions. Service. Id. at 6–7. rule 31 as rule 21 and clarifies the The Commission therefore finds the Fourth, the Public Representative relationship between rule 21 and formulation of rule 11(d), as proposed, suggests that comparisons to the Federal existing rule 33 of the rules of practice. to be appropriate and rejects the Public In all other respects, the Commission Rules of Civil Procedure or the adoption Representative’s suggested modification. of analogous provisions may, in limited adopts the rules as proposed in Order Rule 12(c) Subpoenas issued instances, be of benefit to the No. 293. summarily by the Commission. The Commission and parties to Commission IV. Discussion Postal Service requests that rule 12 be proceedings. Id. at 7. Finally, the Public Representative The final rules adopted by this order modified to require the Commission to states its support for the use in an establish a new part 3005 organized in make a good faith attempt to reach its adjudicatory proceeding of proposed three subparts. Subpart A integrates part General Counsel or other appropriate rule 31 as an alternative to the 3005 into the Commission’s existing person before invoking the provisions of procedures in part 3001 of the rules of rules and regulations by making various rule 12(c) under which a subpoena may practice for compelling discovery. Id. at existing rules applicable to part 3005. be issued summarily without a prior 7–8. Subpart B establishes regulations opportunity to provide information governing the issuance and enforcement voluntarily. III. Summary of Changes to Proposed of subpoenas under the authority of The Commission does not believe that Rules sections 504(f)(2)(A) and 504(f)(3). such a change is necessary or desirable. As discussed below, the Commission Finally, subpart C implements section Rule 12 addresses situations in which a is making the following changes to its 504(f)(2)(B) of title 39, which authorizes subpoena can be issued without the proposed rules: the Commission to order depositions prior receipt of a third-party request. In Rule 13 is modified to require Postal and responses to written interrogatories. other words, the Chairman, a designated Service confirmation that requests for The regulations in both subpart B and Commissioner, or an administrative law subpoenas have been transmitted to subpart C apply to Covered Persons. The judge appointed under 5 U.S.C. 3105 third-party agents or contractors. term ‘‘covered persons’’ is defined in could seek authorization from the full Rule 14 is modified to revise the subsection 504(f)(4) of title 39. Commission for the issuance of a Postal Service’s responsibilities for The comments filed in this subpoena. Rule 12(b) provides that, with transmitting subpoenas to Covered proceeding address six of the proposed a limited exception provided in rule Persons. As modified, the Postal Service rules and the subpoena form proposed 12(c), the Postal Service would be given will be responsible for transmitting as Appendix A to part 3005. Those six the opportunity to provide the subpoenas to persons currently holding proposed rules are rule 11, rule 12, rule information voluntarily before the positions with the Postal Service (such 13, rule 14, rule 15, and rule 31. subpoena is issued. The exception as officers and employees), to persons or Rule 11(d) Conditions placed on provided in rule 12(c) is expressly entities currently acting as agents for the subpoenas. The Public Representative limited to situations in which ‘‘a delay Postal Service, or to persons serving as proposes a modification to rule 11(d) to in the issuance of the subpoena could a Postal Service contractor under an clarify that conditions imposed on a unreasonably limit or prevent

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production of the information being the Commission will consider the The Commission is not persuaded sought.’’ adoption of a specific proposal. that this second change should be made. Given the limited applicability of rule Rule 13 Eligibility to make third-party The person in the best position to 12(c), the Commission does not believe requests for subpoenas and contents of describe the efforts of the subpoena the modification proposed by the Postal the request. The Postal Service seeks target to respond to a discovery order or Service is necessary. In addition to the two changes to rule 13. First, it seeks to information request is the subpoena express limitations that rule 12 places eliminate the right of third parties to target, not the person requesting the on its own operation, the Commission request subpoenas to enforce a subpoena. Moreover, if additional time noted its expectation in the analysis Commission information request. Postal is needed to respond to a discovery section to Order No. 293 that ‘‘the Service Comments at 2–3. In support of order or information request, the target summary issuance of a subpoena this proposed modification, the Postal of the subpoena is free to request [would] rarely, if ever, be necessary....’’ Service argues that, as proposed, rule 13 additional time. Order No. 293 at 18. ‘‘allows participants to prod the Finally, the obligation to state that a Moreover, the Commission does not Commission as to its own information response will be forthcoming after a believe that the proposed modification requests. Whether and how to enforce a response deadline is an obligation of the would necessarily be desirable since Commission information request is a responding party whether or not the neither the Commission, nor the Postal matter between the Commission and the requesting party inquires as to the status Service, can contemplate all of the Postal Service.’’ Id. In the view of the of the response effort. In those situations possible situations in which the Postal Service, this ‘‘would produce in which a formal response deadline has summary issuance of a subpoena might little clear benefit’’ and would threaten not been established or in which efforts be deemed necessary. Notwithstanding ‘‘to embroil participants in the to respond are not ‘‘visible externally,’’7 its decision to reject the proposed Commission’s exercise of discretion....’’ any person who requests a subpoena change to rule 12, the Commission will Id. at 3. Valpak opposes the Postal without first checking the status of the certainly, as a matter of comity, consider Service’s suggestion. Valpak Reply response effort will do so at his own informal notification to the Postal Comments at 1–3. peril, since subpoenas cannot be issued Service’s General Counsel or other The Commission does not view the automatically upon request. They appropriate person prior to the possibility that third parties might seek require formal approval by the summary issuance of a subpoena if such enforcement of a Commission Commission. If the Postal Service (or prior notification appears feasible. information request as a threat to the other responding party) is still engaged The Public Representative proposes a exercise of its discretion. Moreover, if in a good faith process of responding, further and slightly different the Commission were to preclude third that fact will undoubtedly be modification to rule 12 that would parties from seeking subpoenas to communicated to the Commission in the apply to situations in which the Postal enforce a Commission information responder’s answer to the subpoena Service has been given an opportunity request, this could prompt third-party request pursuant to rule 13(a)(3), and to provide information voluntarily. attempts to preserve their right to the requesting party risks that its request Specifically, the Public Representative request subpoenas by making will be summarily denied. suggests that clarification is needed to duplicative requests for information that Rule 13 Responses to third-party ‘‘provide some standard for evidence of merely track outstanding Commission requests for subpoenas. Proposed rule the Postal Service’s receipt of an information requests. Finally, if the 13 governs requests by third parties for opportunity to respond voluntarily as concerns articulated by the Postal the issuance of subpoenas. Rule 13(a) well as evidence showing that it has Service materialize, the Commission can covers situations in which hearings failed to respond.’’ Public always amend its rules to restrict the have been ordered. Rule 13(b) governs Representative Comments at 5–6. right of third parties to seek situations in which hearings have not The Commission is not persuaded enforcement of Commission information been ordered. As proposed, both rule that this clarification is necessary. Any requests. 13(a) and 13(b) make the Postal Service proposal by the Chairman, a designated As an alternative to its first proposed responsible for notifying the Covered Commissioner, or an administrative law change, the Postal Service proposes an Person of the request and for judge for the issuance of a subpoena amendment to rules 13(c)(4) and transmitting any objections it might must in all cases be affirmatively 13(c)(5) that would require third-party have. approved by a majority of the applicants for subpoenas to provide The Public Representative makes two Commissioners. See proposed rule more than a certification that the Postal suggestions. First, she suggests that the 11(b). Except for subpoenas issued Service has failed to comply with a Postal Service be required to provide under the authority of rule 12(c), the Commission order. Postal Service proof that it has notified the Covered Commissioners must decide that the Comments at 3–4. Specifically, the Person of the subpoena request. Second, Postal Service has had an opportunity to Postal Service requests that persons the Public Representative suggests that provide the information voluntarily. requesting subpoenas be required to some Covered Persons, such as Postal Whether or not such an opportunity has include in their requests a description of Service contractors, should be given the been provided will depend upon the the efforts of the Postal Service (or other opportunity to respond directly to the specific facts and circumstances subpoena target) to respond; to await subpoena request. Public Representative surrounding the attempt to obtain the passage of a specified period of time Comments at 6. The Commission agrees information. Not all such facts and following issuance of an order or reply with both suggestions. circumstances are readily predictable. deadline before requesting a subpoena; With regard to the first suggestion, the This makes the formulation of an and to provide the subpoena target’s Commission concludes that it would be evidentiary standard or evidentiary response to an inquiry from the useful to require the Postal Service to requirements suggested by the Public applicant as to whether a response identify the persons to whom it has Representative problematic and would be forthcoming. Id. at 3–4. Once given notification of the subpoena therefore undesirable. If further again, Valpak opposes the Postal request. While the Commission has no experience demonstrates the need for, Service’s suggestion. Valpak Reply and feasibility of, such clarifications, Comments at 3–4. 7 See Postal Service Comments at 3, n.3.

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doubt that the Postal Service will proposed procedure appears to be Congress has not indicated its intent to provide such third-party notifications, it unnecessary, is without precedent, and have the Postal Service play a role in the would be useful for the Commission, the raises potentially serious constitutional service of Commission subpoenas. Id. 6– requesting party, and other interested issues. Id. The Postal Service also 7. persons to have information regarding explains that because of the Contrary to the Postal Service’s first the recipients of such notifications. complexities involved in serving foreign contention, the Commission may not While the requesting party may be entities, it may not be possible to file a necessarily be able to ascertain the aware of at least one Covered Person return of service within 2 days of a identity of Covered Persons in who possesses or controls relevant subpoena’s issuance. Id. at 8. possession of relevant information at the information, identification of additional Section 504(f)(2)(A) grants the time a subpoena is issued. For example, persons who the Postal Service knows authority ‘‘to issue subpoenas requiring when the Postal Service is provided an or believes possess or control the the attendance and presentation of opportunity under rule 12 to produce information being requested will foster testimony by, or the production of information voluntarily, a subpoena the efficient operation of the proposed documentary or other evidence in the could be issued without the identity of regulations. To ensure that such possession of, any covered person....’’ the appropriate Covered Person or additional sources are identified, the [emphasis added]. A ‘‘covered person’’ is Covered Persons being known to the Commission is revising rule 13(a)(2) to ‘‘an officer, employee, agent, or Commission.11 The Commission’s require the Postal Service to identify contractor of the Postal Service.’’ Section inability to identify appropriate Covered such sources and provide relevant 504(f)(4). Persons could also occur because of a contact information. Similar changes are As formulated, section 504(f) does not Postal Service refusal voluntarily to being made to rule 13(b)(1). authorize the issuance of subpoenas to provide both the requested information the Postal Service itself, but to officers, With regard to the Public and the identities of the Covered employees, agents, and contractors of Representative’s second suggestion Persons in possession of the the Postal Service. Information sought regarding the right of Covered Persons information. Rule 14 would address from a Covered Person must be related such a situation by requiring the Postal to respond to a subpoena request, the to a proceeding or request related to the Service to transmit the subpoena to each Commission never intended to preclude Postal Service.9 Given the Postal Covered Person needed to obtain the a Covered Person from submitting its Service’s obvious interest in attempts to information. Without rule 14’s own answer without the assistance of subpoena information from its officers, provisions for transmitting subpoenas to the Postal Service. To eliminate any employees, agents, and contractors, the the relevant Covered Persons, the misunderstanding and to reduce Commission has provided in rule 14 Commission might first have to issue administrative burdens on the Postal that subpoenas be served upon the one or more subpoenas just to ascertain Service, the Commission is modifying Postal Service and its General Counsel the identity of the relevant Covered and clarifying rule 13(a)(3) and rule and other representatives authorized to Persons.12 13(b)(2) in two ways. First, the receive legal process regardless of which The Postal Service’s second argument Commission is eliminating any Postal officer, employee, agent, or contractor is is that it should not be held accountable Service responsibility for transmitting a the ultimate target of the subpoena.10 for the response of a third party, such Covered Person’s objections to the The Postal Service objects to its as a Postal Service agent or contractor, request for subpoena. Second, both obligation to transmit a subpoena on to a Commission subpoena that might proposed subsections of rule 13 are five grounds. First, the Postal Service seek information that is arguably revised to include Covered Persons argues that the Commission is equally proprietary. This concern is misplaced. among those who are eligible to answer capable of knowing which of the The proposed rules already make clear a request for subpoena. Together, these Covered Persons is likely to have that compliance with a subpoena is the two changes will make it clear that possession of the information being responsibility of the Covered Person. Covered Persons are permitted to submit sought. Second, it argues that it ‘‘cannot See rule 15. In that connection, the their own answers to subpoena requests. be accountable for independent third Commission would point out that In making these changes, the parties’ behavior or responsiveness with claims for confidential treatment can be Commission recognizes that the Postal respect to their own proprietary made by any Covered Person. See Service remains an interested party and information.’’ Postal Service Comments proposed rule 15(f). Accordingly, it is therefore will be eligible to file its own at 5. Third, it argues that service on an unnecessary for the Commission to answer to a request for a subpoena entity through an independent third address the Postal Service’s request that directed to a third party. party (in this case, the Postal Service) the Commission provide in its rules that Rule 14 Service of subpoenas on can implicate an entity’s due process the Postal Service has no liability for third-party contractors. The Postal rights. Id. at 6. Fourth, the Postal responses to a subpoena by an entity Service objects to the proposed Service asserts that it is unaware of any having only a contractual relationship requirement in rule 14(a) that it transmit Federal or administrative procedures with the Postal Service. See Postal and deliver Commission subpoenas to that permit substituted service of Service Comments at 9. contractors or agents outside the Postal subpoenas. Id. Finally, it argues that 8 Service. Id. at 4–9. It argues that the 11 Such a situation could also arise in cases under to a subpoena by an entity having only a contractual rule 12(c) in which it is not possible to provide the 8 The Postal Service also seems to interpret the relationship with the Postal Service. See id. at 9. Postal Service with an opportunity to produce proposed rules as imposing an obligation on the 9 Section 504(f)(2) authorizes the issuance of information voluntarily before resorting to the Postal Service regarding the Covered Person’s subpoenas ‘‘with respect to any proceeding issuance of a subpoena. ‘‘responsiveness’’ to the subpoena. Postal Service conducted by the Commission under this title [i.e., 12 The problem of identifying Covered Persons Comments at 5. However, the proposed rules title 39] or to obtain information to be used to would not be presented in Federal district courts. already make clear that compliance with a prepare a report under this title [i.e., title 39]....’’ Fed. R. Civ. P. rule 26(a) requires, inter alia, that subpoena is the responsibility of the Covered 10 For that same reason, the Commission has parties must, without awaiting a discovery request, Person. See proposed rule 15. Accordingly, the authorized the Postal Service to address subpoenas provide the names, addresses, and phone numbers Commission need not address the Postal Service’s and subpoena requests regardless of which Covered of individuals likely to have discoverable request that the Commission provide in its rules Person is the target of the subpoena. See rules 12 information. The Commission’s current rules of that the Postal Service has no liability for responses and 13. practice contain no such requirement.

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As its third argument, the Postal Commission has failed to identify any unexpected reason, the Postal Service is Service asserts that transmission of a other Federal or administrative unable to locate or transmit the subpoena by the Postal Service to a precedent that supports substituted subpoena to the appropriate recipient, it Covered Person could violate the service of a subpoena. The short answer can so advise the Commission and an Covered Person’s due process rights.13 to this contention is, as noted above, alternate and more traditional means of Id. at 6. The Commission is not that the Commission’s proposed service can be employed. persuaded by this argument. In the first mechanism for service does not By contrast, if, at the time a subpoena place, the cases cited by the Postal constitute substituted service. Whereas is issued, the Postal Service no longer Service all involve some type of substituted service typically involves has an agency or contractual substituted, alternative, or constructive delivery to a person’s place of work relationship with the third-party agent service which either did not, or might when the person is not present, delivery or contractor, it may no longer be in any not, result in notice actually being given to an address by certified or registered better position to transmit the subpoena to the intended recipient of process.14 mail, or posting of a notice in a public than the third party who requested the Without notice of process, the intended place, and publication in a newspaper,17 subpoena or the Commission itself. recipient of process would be denied the Commission’s proposed rule 14 Accordingly, the Commission is revising the opportunity to be heard, which, as provides for transmission of a subpoena proposed rule 14 to eliminate the the Postal Service recognizes, is ‘‘ ‘the by the Postal Service to the particular requirement that the Postal Service essential element of due process of person responsible for responding. This transmit a subpoena to a former agent or law....’ ’’ Postal Service Comments at 6 is actual service, not substituted service. contractor. Service on such Covered citing Jacob, 223 U.S. at 265–66. By Adoption of the proposed mechanism in Persons will be the responsibility of contrast, under the provisions of rule rule 14 does not depend upon a either the third party who requested the 14, the Postal Service would actually justification for substituted service. subpoena or the Commission. transmit the Commission subpoena to Finally, the Postal Service argues that While the service requirements for the Covered Person and the Covered Congress has not expressed an intent outside Covered Persons, such as former Person would be able to respond that the Postal Service play a role in the Postal Service agents or contractors, will directly to the Commission. service of Commission subpoenas. The be modified, the Commission expects Historically, judicial subpoenas Commission agrees. But neither does the Postal Service to provide required personal service by an officer section 504(f) prohibit the Commission’s subpoenaed information to which the of the court, such as a marshal or deputy proposed method of service. In light of Postal Service has contractual or other marshal.15 Over time, these service the more recent judicial developments proprietary rights whether or not such requirements have been relaxed by a identified above and in further view of information is in the physical number of courts. Id. at 399–400. In the the absence of specific congressional possession of the Postal Service at the view of these courts, it is the delivery direction regarding the manner in which time a subpoena is issued. It is the of the subpoena and actual notice of Commission subpoenas must be served, Commission’s understanding that the what is being demanded of the person the Commission continues to believe Postal Service does not oppose that being subpoenaed that is the touchstone that its proposed method for serving position. See Postal Service Comments of due process and the obligation to subpoenas on outside Postal Service at 7, n.13. Similarly, the Commission respond. From the standpoint of due contractors and agents implements expects the Postal Service to provide all process, there appears to be nothing section 504(b) reasonably and relevant subpoenaed information that is unusual about personal service by an effectively. This is particularly true under its physical control at the time a officer of the court.16 when the Postal Service has an agency subpoena is issued, even if that The fourth ground for opposing rule or contractual relationship with the information is information of an outside 14’s service mechanism is that the Covered Person at the time the Covered Person, such as a Postal Service subpoena is issued. In such cases, the contractor.19 13 The Postal Service’s argument addresses requirement that the Postal Service Rule 15(e) Standard for opposing situations in which the Covered Person to whom transmit the subpoena to its agent or production of electronically stored the subpoena is directed is a Postal Service agent or contractor. The Postal Service makes no due contractor is similar to transmission by information. The Postal Service process objection to the Commission’s proposal that the Postal Service of a subpoena to one expresses concern that the formulation subpoenas be transmitted by the Postal Service to of its own officers or employees. of proposed rule 15(e) establishes a its officers and employees. It therefore appears that ‘‘high bar to cost-based objections...[that] the Postal Service sees no due process problem with Because of its existing relationships transmission of a subpoena by the Postal Service to with agents and contractors, the Postal would lead to severe imbalances one of its officers or employees. The basis for this Service is in the best position to between the probative value of distinction is not provided. accomplish transmission of the requested information and the cost 14 E.g., Jacob v. Roberts 223 U.S. 261 (1912) subpoena to an agent or contractor. inflicted on the Postal Service.’’ Id. at 9. (service by publication); Mulhane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) Without the requirement that the As an alternative, the Postal Service (service by publication); and Calabro v. Leiner, 464 Postal Service transmit the subpoena to requests the Commission to adopt a F.Supp.2d 470 (E.D. Pa. 2006) (alternative service). its agent or contractor, more formal and standard akin to Fed R. Civ. P. rule It should be noted that some of the very cases cited potentially time consuming methods 26(b)(2)(C). Id. at 12. Fed. R. Civ. P. rule by the Postal Service upheld the constitutionality 18 of substituted or alternative service. See Jacob, 223 would be required. If, for some 26 provides general provisions for U.S. at 267; and Mulhane, 339 U.S. at 318. discovery in Federal district courts and 15 9A Charles Alan Wright and Arthur R. Miller, 17 See 62B Am. Jur.2d Process § 143. is expressly referred to in Fed. R. Civ. Federal Practice and Procedure, § 2454 at 397 (Civil 18 In some cases, this could require the P. rule 45(d), the rule that sets forth 3d. 2002 and Supp. 2008) (Wright and Miller). Commission to involve the assistance of a United duties in responding to judicial 16 Indeed, at least one Federal court has noted States Attorney or the Justice Department in serving that even under Fed. R. Civ. P. rule 45, there is no the subpoena. There appears to be no need for such specific requirement for personal service of a additional complexity given that the agency or 19 The third-party contractor would, of course, subpoena. All that the rule requires is ‘‘delivery’’ to contractor relationship will be an existing have the opportunity to oppose production of such the person being served. Ultradent Prods., Inc. v. relationship and the fact that the agent or contractor information, either by opposing a third-party Hayman, D.C.N.Y. 2002, 2002 WL 31119425, *3 will be able to assert any objections or claims of request for a subpoena made under rule 13 or by (Patterson, J.). as cited in Wright and Miller, § 2454, privilege or confidentiality directly to the filing a motion to quash a subpoena that is issued n.10. Commission. See rules 12 and 13. summarily under rule 12.

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subpoenas. APWU opposes the Postal (e) from proposed rule 15 and is Commission clarify that proposed rule Service’s request and urges the modifying proposed rules 12 and 13 as 31 is subject to the same conditions Commission to adopt rule 15(e) as described below. applicable to discovery under rule 33 of proposed. APWU Comments at 1–2. Proposed rule 12 covers situations in the rules of practice. The concern expressed by the Postal which subpoenas are issued without a APWU opposes the Postal Service’s Service focuses primarily on the third-party request. Subsection (d) of suggested clarifications. APWU requirement in proposed rule 15(e) that that rule will be modified by requiring Comments at 2–3. The Public to justify the failure or refusal to provide that motions to quash, limit, or Representative agrees with the discovery of electronically stored condition a subpoena that allege undue Commission’s statement in Order No. information, the Postal Service (or other burden or cost must state with 293 that the authority embodied by Covered Person) must show ‘‘by clear particularity the basis for such a proposed rule 31 ‘‘can be used within and convincing evidence’’ that the claim.21 Similar requirements will be the scope of an adjudicatory hearing as burden or cost of production is undue. added to proposed rules 13(a)(3) and an alternative to the procedures in part See Postal Service Comments at 10–11. 13(b)(2). Those latter subsections 3001 [the Commission’s rules of The Postal Service argues that a more provide for answers to third-party practice] for compelling discovery.’’ appropriate standard would be a requests for subpoenas. By requiring the Public Representative Comments at 8. ‘‘preponderance of the evidence.’’ Id. issues of undue burden and cost be In light of these divergent views, Implicit in the Postal Service’s argument addressed prior to the compliance stage, clarification is in order. It is useful, first, is also an assumption that a participants (including the Postal to summarize the background against determination of whether a burden or Service and Covered Persons) will be which the rule is being proposed. The cost was ‘‘undue’’ would not involve a able to address all relevant factors that Commission’s rules of practice apply to balancing of competing considerations relate to alleged costs and burdens in a proceedings before the Commission. See (such as the cost of producing the more timely manner that will hopefully 39 CFR 3001.3. In those proceedings, requested information, the importance foster compliance. As APWU suggests, participants have the opportunity to of the issues, and the importance of the applicable conditions, if any, can be propound written interrogatories to requested discovery in resolving the attached prior to issuance of the other participants or to request the issues), as would occur in Federal subpoena. Commission for authorization to take district court under Fed. R. Civ. P. rule Rule 31 22 Deposition orders. As the deposition of a witness. See 39 CFR 26(b)(2)(C).20 APWU responds by enacted, 39 U.S.C. 504(f)(2)(B) 3001.26 and 3001.33. Historically, a pointing out that proposed rule 11, authorizes the Chairman of the refusal to respond to a written which makes provision for attaching Commission, any Commissioner interrogatory or to appear at a conditions to a subpoena, should designated by the Chairman, and any deposition presented a serious problem provide adequate protection to the administrative law judge appointed by for the Commission. Although rule 26(g) Postal Service. APWU Comments at 2. the Commission under 5 U.S.C. 3105 to provided for the issuance of orders In proposing rule 15(e), the order the taking of depositions and compelling responses to written Commission was not attempting to responses to written interrogatories by a interrogatories, there were, on occasion, require the production of information Covered Person. Proposed rule 31 situations in which the Postal Service without regard to cost, burden, or closely follows the text of section refused to comply with such an order. consideration of other relevant factors of 504(f)(2)(B). See Order No. 293 at 4, n.3. Rule 33 the type discussed by the Postal Service. The Postal Service acknowledges that, governing depositions presented a What the Commission was attempting to as proposed, rule 31 directly tracks the similar problem in that the rule did not make clear was that it would not accept provisions of section 504(f)(2)(B). Postal include provision for compelling vague and unsubstantiated claims of Service Comments at 12. However, it is appearance for a deposition. burden or cost as justification for failing concerned that, without clarification, Against this background, Congress or refusing to provide necessary rule 31 could be used to circumvent enacted section 504(f)(2)(B). This new information. Indeed, cost and other certain restrictions contained in rule 33 section provides the authority for relevant factors should be given due of the Commission’s existing rules of ordering the taking of depositions and consideration in the process of practice. That latter rule is limited in its responses to written interrogatories by a considering the attachment of application to Commission proceedings. Covered Person. Thus, in a proceeding conditions to a subpoena, as APWU Id. at 13. in which the Commission has suggests. The Postal Service proposes that the authorized a deposition in response to Upon consideration of the points Commission clarify that parties who an application made pursuant to rule 33 presented by the Postal Service and seek information or testimony that they of the rules of practice, the Commission APWU, the Commission concludes that believe would be useful in Commission can, by virtue of section 504(f)(2)(B) and the appropriate context for resolving proceedings should pursue discovery proposed rule 31, compel a Covered claims of burden, cost, and protective under the rules of practice (which Person to appear for the deposition. conditions is before the Covered Person would include rule 33 of the rules of Similarly, in a Commission proceeding, responds to a subpoena. Accordingly, practice), not proposed rule 31 that is the Commission can compel a Covered the Commission is removing subsection being adopted pursuant to section Person to respond to written 504(f)(2)(B). Id. at 13–14. Alternatively, interrogatories propounded under rule 20 The Commission would note that its rules of the Postal Service requests that the 26 of the rules of practice. practice, which are applicable to the subpoena In addition, the authority provided by process by rule 1(b), do not currently contain a rule analogous to Fed. R. Civ. P. rule 26. The 21 The requirement that the showing of undue section 504(f)(2)(B) and proposed rule Commission has, however, from time to time relied burden or cost be made ‘‘with particularity’’ avoids 31 empowers the Chairman, a on the principles embodied in Fed. R. Civ. P. rule unintended implications of the ‘‘clear and Commissioner designated by the 26. See, e.g., Order No. 381, Docket No. C2009–1, convincing evidence’’ standard. The requirement of Chairman, or an administrative law Order Affirming Presiding Officer’s Ruling C2009– a showing ‘‘with particularity’’ is also consistent 1/12, January 7, 2010, at 11–12. In the current with the Commission’s existing rules of practice. judge appointed under 5 U.S.C. 3105, context, the Postal Service’s reference to Fed. R. See 39 CFR 3001.26, 3001.27, and 3001.28. sua sponte, to order depositions and Civ. P. rule 26(b)(2)(C) is appropriate. 22 See n.5, supra. responses to written interrogatories,

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even if no participant in a Commission Postal Service. This change is consistent subpoena, or to limit or condition its proceeding has requested such a with the inclusion in part 3005 of scope and operation, any duly deposition or propounded such a references to specific rules of practice. authorized subpoena would be subject written interrogatory. Section 3005.1 Scope of rules. This to a motion under rule 21(a) to quash, Such depositions and responses can proposed rule states that part 3005 limit, or condition the subpoena. also be ordered sua sponte when no implements 39 U.S.C. 504(f). It also Replies to such a motion could be made proceeding is pending. Section makes applicable the rules of practice in by any interested person under rule 504(f)(2)(B) authorizes the Chairman, a part 3001, unless otherwise ordered by 21(b). Designated Commissioner, or an the Commission. In the vast majority of circumstances, administrative law judge to order Section 3005.2 Terms defined. This Covered Persons would be given an depositions and responses to written proposed rule provides definitions for opportunity to produce information interrogatories in order to obtain the terms ‘‘administrative law judge,’’ voluntarily before a subpoena is issued information to be used to prepare ‘‘Chairman,’’ ‘‘covered person,’’ and under this section. However, provision reports under title 39. This authority ‘‘designated Commissioner’’ as used in is also made for the summary issuance also goes beyond the scope of a part 3005. of a subpoena without issuance of a Commission proceeding. Section 3005.11 General rule— prior information request. While the From the Commission’s perspective, subpoenas. This proposed rule sets forth Commission would expect the summary proposed rule 31 is a mechanism for the basic requirements for the issuance issuance of a subpoena to rarely, if ever, enforcing discovery in Commission of a subpoena pursuant to 39 U.S.C. be necessary, it is including provision proceedings and for pursuing, sua 504(f)(2)(A). Subpoenas may only be for such summary issuance in order to sponte, discovery and information issued by the Chairman, a designated insure the ability to act promptly if needed to prepare reports by means of Commissioner, or an administrative law necessary. In such cases, the recipient of either depositions or written judge. When authorized in writing by a the subpoena and other interested interrogatories. majority of the Commissioners then in persons, would have an opportunity It was with the foregoing situations in office, a subpoena shall be issued by the following issuance of the subpoena to mind that the Commission stated in Chairman, a designated Commissioner, file a motion to quash the subpoena, Order No. 293 that ‘‘the authority to or an administrative law judge. This limit its scope, or to place conditions on issue orders under section 504(f)(2)(B) rule also lists the purposes for which a the subpoena. Motions alleging undue can...be exercised in the context of an subpoena may be issued; the types of burden or cost would be required to adjudicatory hearing as an alternative to conditions or limitations that may be state with particularity the basis for any the procedures in part 3001 for imposed on the subpoena to protect the such claim. Pending resolution of the compelling discovery...[and that an] recipient of the subpoena from motion, Covered Persons would be order can also be issued under section oppression, undue burden, or expense, required to maintain the information 504(f)(2)(B) outside the context of a including the possible imposition of being sought by the subpoena. Commission proceeding.’’ Id. at 16. confidentiality or non-disclosure Section 3005.13 Subpoenas issued in Appendix A to part 3005—Subpoena conditions as provided in 39 CFR part response to a third-party request. This form. Valpak proposes that the 3007; and identifies the rule that proposed rule establishes procedures by subpoena form attached as Appendix A establishes the service requirements for which subpoenas can be requested by to Order No. 293 be revised to add a a subpoena. A proposed subpoena form third parties. One set of procedures field to specify a report for which is provided as Appendix A to Part applies to those situations in which the information is sought. Valpak 3005–Subpoena Form. Commission has ordered hearings. Comments at 2–3. Valpak makes this Section 3005.12 Subpoenas issued Typically, in those cases the subpoena suggestion to ‘‘ensure that the without receipt of a third-party request. will be available as a means of enforcing jurisdictional basis for each subpoena This proposed rule provides for the the discovery rules in part 3001 of the would be clarified at the outset’’ and, issuance of a subpoena without a Commission’s rules of practice. A presumably, to guard against the request having been received from a second set of procedures applies to unauthorized use of the Commission’s third party. For example, the situations in which no hearings have subpoena power. Id. at 3. Commission could deem a subpoena been ordered, such as an annual The Commission accepts Valpak’s necessary if the Postal Service were to compliance review. In these cases, suggested modification to the subpoena refuse to provide information during information will typically be sought by form. Whether or not the Commission preliminary review of a Postal Service means of information requests, has the authority to issue specific filing. Or a subpoena could be needed including information requests that subpoenas will depend upon the facts if the Postal Service were to refuse to have been proposed by a third party and and circumstances surrounding the provide information needed for the issued by the Commission or a issuance of those subpoenas and upon preparation of a report. Finally, a Commissioner. In this latter situation, a their formulations and purposes. presiding officer might deem it third party would be able to request the Additional relevant information on the necessary to obtain the issuance of a issuance of a subpoena to enforce the subpoena form may eliminate confusion subpoena to enforce a presiding officer’s information request. Requests under and reduce controversy. information request. In such cases, there either procedure must include certain would be no ‘‘third party’’ request for the minimum showings and demonstrations V. Section–By–Section Analysis of the subpoena. in order to be granted, including Rule From a procedural standpoint, the showings of relevance of the Section 3001.3 Scope of rules. The request would be made directly to the information and adequate specification amendment to rule 3 of the rules of full Commission by a Commissioner or of the information requested. practice clarifies that the rules of presiding officer. To insure that the The rule has been revised to require practice apply both to proceedings Postal Service and other interested the Postal Service to provide the name, before the Commission and to the persons, including Covered Persons business address and phone number of procedures in part 3005 for compelling potentially affected by the subpoena, any persons to whom the Postal Service the production of information by the have an opportunity to oppose the transmits the subpoena request.

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Covered Persons expected to produce that claims of undue burden or cost List of Subjects the requested information will have an made to support a failure or refusal to 39 CFR Part 3001 opportunity to present any objections to produce electronically stored the issuance of a subpoena. All information be supported by clear and Administrative practice and objections, including allegations of convincing evidence. In place of that procedure, Postal Service. undue burden or cost, must state with section, modifications have been made particularity the basis for such claims. to §§ 3005.12(d), 3005.13(a)(3), and 39 CFR Part 3005 Section 3005.14 Service of subpoenas. 3005.13(b)(2). Those latter modifications Administrative practice and This proposed rule specifies the manner require that any claim of undue burden procedure, Confidential business in which subpoenas are to be served. or cost made in motions to quash, limit, information, Postal Service, Reporting The Commission originally proposed or condition a subpoena, or in answers and recordkeeping requirements. that subpoenas be served initially upon in opposition to requests for subpoenas the Postal Service with the requirement must be supported by a particularized By the Commission. that the Postal Service transmit and showing of the basis for such claims. Shoshana M. Grove, deliver the subpoena to the officer, Section 3005.16 Enforcement of Secretary. employee, agent, or contractor subpoenas. This proposed rule For the reasons discussed in the ultimately responsible for testifying or implements the authority in 39 U.S.C. preamble, the Postal Regulatory for otherwise providing the information 504(f)(3) under which the Commission Commission amends chapter III of title being sought. The Commission has can seek judicial enforcement of an 39 of the Code of Federal Regulations as retained that procedure when administrative subpoena issued follows: information is sought from existing pursuant to 39 U.S.C. 504(f)(2)(A). Postal Service officers, employees, and Section 3005.21 Authority to order Part 3001–RULES OF PRACTICE AND from those agents and contractors PROCEDURE having an agency or contractual depositions and responses to written relationship at the time the subpoena is interrogatories. This proposed rule implements the authority of the ■ 1. The authority citation for part 3001 issued. However, the Commission has is revised to read as follows: revised the service requirements to Chairman, any designated provide for personal service by the Commissioner, or any administrative Authority: 39 U.S.C. 404(d); 503; 504; Commission (or by third parties who law judge to order that a deposition be 3661. requested the subpoena) upon former taken of a Covered Person or that the ■ 2. Revise §3001.3 to read as follows: Postal Service officers, employees, Covered Person respond to a written agents, or contractors. Conforming interrogatory. §3001.3 Scope of rules. changes have been made to the VI. Effective Date The rules of practice in this part are provisions governing proof of service applicable to proceedings before the upon the Postal Service and Covered Generally, a rule becomes effective Postal Regulatory Commission under Persons and proof of transmission by not less than 30 days after publication the Act, including those which involve the Postal Service to Covered Persons. in the Federal Register. 5 U.S.C. 553(d). a hearing on the record before the Changes have also been made to A rule may become effective sooner if it Commission or its designated presiding provide for shorter or longer return is an interpretative rule, a statement of officer and, as specified in part 3005 of periods as may be ordered by the policy, or if the agency finds good cause this chapter to the procedures for Commission in specific cases. The to make it effective sooner. Id. Since the compelling the production of provision for longer return of service rules promulgated by this order are information by the Postal Service. They periods has been made, in part, to being adopted after public notice and do not preclude the informal disposition accommodate longer periods that may opportunity for comment, procedures of any matters coming before the be needed to accomplish service upon that are not statutorily required for the Commission not required by statute to foreign persons or entities. Finally, adoption of procedural rules, the be determined upon notice and hearing. revisions have been made to the Commission finds that good cause exists provisions of notice to the public of to make the rules promulgated by this ■ 3. Add part 3005 to read as follows: service, proof of transmission, and the order effective upon their publication in PART 3005—PROCEDURES FOR return date of the subpoena. the Federal Register. Section 3005.15 Duties in responding COMPELLING PRODUCTION OF to a subpoena. This proposed rule VII. Ordering Paragraphs INFORMATION BY THE POSTAL SERVICE specifies the manner in which the It is ordered: recipient of a subpoena will be required 1. The Commission hereby adopts the Subpart A–General to respond to the subpoena. It covers final rules for obtaining information such subjects as the form in which Sec. from the Postal Service that follow the 3005.1 Scope and applicability of other documentary information is to be Secretary’s signature as part of 39 CFR parts of this title. produced; the manner in which part 3005. 3005.2 Terms defined for purposes of this electronically stored information is to be part. produced; and the showing that must be 2. The Commission hereby adopts made if information is not disclosed on conforming rule changes to 39 CFR part Subpart B—Subpoenas grounds of privilege, confidentiality, or 3001 that follow the Secretary’s 3005.11 General rule—subpoenas. trade secret. Requests for confidential signature. 3005.12 Subpoenas issued without receipt treatment of information produced in 3. These rules shall take effect upon of a third-party request. 3005.13 Subpoenas issued in response to a response to a subpoena are to be made publication of this order in the Federal Register. third-party request. in the manner provided in part 3007 of 3005.14 Service of subpoenas. the Commission’s regulations. Removed 4. The Secretary shall arrange for 3005.15 Duties in responding to a from the final rule is proposed publication of this order in the Federal subpoena. § 3005.15(e). That section had required Register. 3005.16 Enforcement of subpoenas.

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Subpart C—Depositions and Written (1) That disclosure may be had only § 3005.13 Subpoenas issued in response Interrogatories on specified terms and conditions, to a third-party request. 3005.21 Authority to order depositions and including the designation of the time or (a) Procedure for requesting and responses to written interrogatories. place; issuing subpoenas when hearings have Appendix A to Part 3005—Subpoena (2) That certain matters not be been ordered. A participant in any Form inquired into, or that the scope of proceeding in which a hearing has been ordered by the Commission may request Authority: Authority: 39 U.S.C. 503; 504; disclosure be limited to certain matters; 3651(c); 3652(d). the issuance of a subpoena to a covered (3) That disclosure occur with no one person pursuant to § 3005.11. Subpart A—General present except persons designated by (1) Subpoenas may be requested to the Commission; enforce an order to compel previously § 3005.1 Scope and applicability of other (4) That a trade secret or other issued pursuant to the rules of practice parts of this title. confidential research, development, or with which the Postal Service has failed (a) The rules in this part govern the commercial information not be revealed to comply. procedures for compelling the or be revealed only in a designated way (2) Requests for subpoenas under this production of information by the Postal as provided in part 3007 of this chapter; section shall be made by written motion Service pursuant to 39 U.S.C. 504(f). and filed with the presiding officer in the (b) Part 3001, subpart A, of this manner provided in § 3001.21 of this (5) Such other conditions deemed chapter applies unless otherwise stated chapter. The Postal Service shall necessary and appropriate under the in this part or otherwise ordered by the transmit a copy of the request to any circumstances presented. Commission. covered person that it deems likely to be (e) Subpoenas shall be served in the affected by the request and shall provide § 3005.2 Terms defined for purposes of manner provided by § 3005.14. the person requesting the subpoena with this part. the name, business address and (a) Administrative law judge means an § 3005.12 Subpoenas issued without receipt of a third-party request. business phone number of the persons administrative law judge appointed by to whom the request has been the Commission under 5 U.S.C. 3105. (a) A subpoena duly authorized by a transmitted. (b) Chairman means the Chairman of majority of the Commissioners then (3) Answers to the motion may be the Commission. holding office may be issued by the filed by the Postal Service, by any (c) Covered person means an officer, Chairman, a designated Commissioner, person to whom the Postal Service has employee, agent, or contractor of the or an administrative law judge under transmitted the request, and by any Postal Service. § 3005.11 without a request having been other participant. Answers raising (d) Designated Commissioner means made by a third party under § 3005.13. objections, including allegations of any Commissioner who has been undue burden or cost, must state with designated by the Chairman to act under (b) Except as provided in paragraph particularity the basis for such claims. this part. (c) of this section, a subpoena shall not be issued until after the covered person Answers shall be filed as required by Subpart B—Subpoenas has been provided an opportunity to § 3001.21(b) of this chapter. produce the requested information (4) The presiding officer shall forward § 3005.11 General rule–subpoenas. voluntarily. copies of the motion and any responses (a) Subject to the provisions of this to the Commission together with a (c) A subpoena may be issued part, the Chairman, any designated recommendation of whether or not the summarily without first providing an Commissioner, and any administrative requested subpoena should be issued opportunity to produce the requested law judge may issue a subpoena to any and, if so, the scope and content thereof information voluntarily if a delay in the covered person. and conditions, if any, that should be (b) The written concurrence of a issuance of the subpoena could placed on the subpoena. Copies of the majority of the Commissioners then unreasonably limit or prevent presiding officer’s recommendation holding office shall be required before production of the information being shall be served in accordance with any subpoena may be issued under this sought. § 3001.12 of this chapter. subpart. When duly authorized by a (d) Subpoenas issued under this (5) Following receipt of the materials majority of the Commissioners then section shall be issued subject to the forwarded by the presiding officer, the holding office, a subpoena shall be right of the Postal Service and other Commissioners shall determine whether issued by the Chairman, a designated interested persons to file a motion the requested subpoena should be Commissioner, or an administrative law pursuant to § 3001.21(a) of this chapter issued and, if so, whether any judge. to quash the subpoena, to limit the conditions should be placed on the (c) Subpoenas issued pursuant to this scope of the subpoena, or to condition scope or content of the subpoena or on subpart may require the attendance and the subpoena as provided in the responses to the subpoena. The presentation of testimony or the § 3005.11(d). Such motion shall include Commissioners may, but are not production of documentary or other any objections to the subpoena that are required, to entertain further oral or evidence with respect to any proceeding personal to the covered person written submissions from the Postal conducted by the Commission under responsible for providing the Service or the participants before acting title 39 of the United States Code or to information being sought. Motions on the request. In making their obtain information for preparation of a alleging undue burden or cost must state determination, the Commissioners are report under that title. with particularity the basis for such not bound by any recommendation of a (d) Subpoenas issued pursuant to this claims. Answers to the motion may be presiding officer. subpart shall include such conditions as filed by any interested person pursuant (b) Procedure for requesting and may be necessary or appropriate to to § 3001.21(b) of this chapter. Pending issuing subpoenas when no hearings protect a covered person from the resolution of any such motion, the have been ordered. Any person may oppression, or undue burden or covered person shall secure and request the issuance of a subpoena to a expense, including the following: maintain the requested information. covered person pursuant to § 3005.11 to

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enforce an information request issued documentary or other evidence being the information being sought by the by the Commission or a Commissioner sought; subpoena. Service upon such agents and even though no hearings have been (3) Specification with particularity of contractors shall be accompanied by a ordered by the Commission. any books, papers, documents, writings, written notice of the return date of the (1) A request for the issuance of a drawings, graphs, charts, photographs, subpoena. subpoena shall be made by motion as sound recordings, images, or other data (3) Prior Postal Service officers, provided by § 3001.21 of this chapter. A or data compilations stored in any employees, agents, and contractors. copy of the request shall be served upon medium from which information can be Subpoenas directed to Postal Service the Postal Service as provided by obtained, including, without limitation, officers, employees, agents, and § 3001.12 of this chapter and by electronically stored information which contractors who, at the time the forwarding a copy to the General is being sought from the covered person; subpoena is issued, are no longer Counsel of the Postal Service, or such (4) In situations in which a hearing officers or employees of the Postal other person authorized to receive has been ordered, the request must Service or are no longer agents or process by personal service, by Express include in addition to the information contractors in an existing agency or Mail or Priority Mail, or by First-Class required by paragraphs (c)(1), (2) and (3) contract relationship with the Postal Mail, Return Receipt requested. The of this section, a certification that the Service, must be served by personal Postal Service shall transmit a copy of covered person has failed to comply service. Service upon such officers, the request to any covered person that with an order compelling discovery employees, agents, or contractors shall it deems likely to be affected by the previously issued pursuant to the be accompanied by a written notice of request and shall provide the person Commission’s rules of practice; and the return date of the subpoena. requesting the subpoena with the name, (5) In situations in which a hearing (4) Service arrangements. business address and business phone has not been ordered, the request must Arrangements for service upon the number of the persons to whom the include in addition to the information Postal Service under §§ 3001.14(a)(1) or request has been transmitted. Proof of required by paragraphs (c)(1), (2) and (3) 14(a)(2) of this chapter or upon former service of the request shall be filed with of this section, an explanation of the Postal Service officers, employees, the Secretary by the person requesting reason for the request and the purposes agents, or contractors under the subpoena. The Secretary shall issue for which the appearance, testimony, a notice of the filing of proof of service documentary or other evidence is being § 3001.14(a)(3) of this chapter shall be and the deadline for filing answers to sought, and a certification that the arranged either by the Commission or by the request. Postal Service has failed to comply with the third party who requested issuance (2) Answers to the motion may be a previously issued Commission order of the subpoena. filed by the Postal Service, by any or information request. (b) Return of service and proof of person to whom the Postal Service has transmission. (1) Return of service. Proof transmitted the request, and by any § 3005.14 Service of subpoenas. of service under § 3001.14(a) of this other person. Answers raising (a) Manner of service. (1) Existing chapter must be filed with the Secretary objections, including allegations of Postal Service officers and employees. within 2 business days following undue burden or cost, must state with In addition to electronic service as service, unless a shorter or longer period particularity the basis for such claims. provided by § 3001.12(a) of this chapter, is ordered by the Commission, and must Answers shall be filed as required by subpoenas directed to existing Postal be accompanied by certifications of: § 3001.21(b) of this chapter. Service officers and employees must be (i) The manner, date, and time of (3) Following receipt of the request served by personal service upon the delivery of the subpoena; and any answers to the request, the General Counsel of the Postal Service or (ii) The name, business address, Commissioners shall determine whether upon such other representative of the telephone number, and e-mail address the requested subpoena should be Postal Service as is authorized to receive of the perseon upon whom the issued and, if so, whether any process. Upon receipt, the subpoena subpoena was served; and conditions should be placed on the shall be transmitted and delivered by (iii) The return date of the subpoena. the Postal Service to the existing officers scope or content of the subpoena or on (2) Proof of transmission. The Postal and employees responsible for the responses to the subpoena. The Service shall within 2 business days of providing the information being sought Commissioners may, but are not transmission of a subpoena by the Postal by the subpoena. Subpoenas served required, to entertain further oral or Service to an existing Postal Service upon the Postal Service and transmitted written submissions before acting. A officer, employee, agent, or contractor to Postal Service officers and employees majority of the Commissioners then pursuant to §§ 3001.14(a)(i) or (ii) of this shall be accompanied by a written holding office must concur in writing chapter, or such shorter or longer period notice of the return date of the before a subpoena may be issued. ordered by the Commission, file with subpoena. (c) Contents of requests for the Secretary a certification of: subpoenas. Each motion requesting the (2) Existing Postal Service agents and (i) The manner, date, and time of issuance of a subpoena shall include the contractors. In addition to electronic delivery of the subpoena; following: service as provided by § 3001.12(a) of (1) A demonstration that the subpoena this chapter, subpoenas directed to (ii) The name, business address, is being requested with respect to a existing Postal Service agents and telephone number, and e-mail address proceeding conducted by the contractors must be served by personal of the person to whom the subpoena Commission under title 39 of the United service upon the General Counsel of the was transmitted; and States Code or that the purpose of the Postal Service or upon such other (iii) The return date of the subpoena. subpoena is to obtain information to be representative of the Postal Service as is (c) Notice of service, proof of used by the Commission to prepare a authorized to receive process. Upon transmission, and return date. The report under title 39 of the United States receipt, the subpoena shall be Secretary shall post a notice of service Code; transmitted and delivered by the Postal and proof of transmission upon the (2) A showing of the relevance and Service to existing agents and Commission’s Web site which specifies materiality of the testimony, contractors responsible for providing the return date of the subpoena.

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§ 3005.15 Duties in responding to a copying of designated electronically § 3005.16 Enforcement of subpoenas. subpoena. stored information, books, papers, or In the case of contumacy or failure to (a) A covered person responding to a documents need not appear in person at obey a subpoena issued under this subpoena to produce documents shall the place of production or inspection subpart, the Commission may apply for produce them as they are kept in the unless commanded to appear for an order to enforce its subpoena as usual course of business or shall deposition, hearing, or trial. organize and label them to correspond (e) A covered person who fails or permitted by 39 U.S.C. 504(f)(3). refuses to disclose or provide discovery with the categories in the subpoena. Subpart C—Depositions and Written (b) If a subpoena does not specify the of information on the grounds that the Interrogatories form or forms for producing information is privileged or subject to electronically stored information, a protection as a trade secret or other § 3005.21 Authority to order depositions covered person responding to a confidential research, development, or and responses to written interrogatories. subpoena must produce the information commercial information must expressly in a form or forms in which the covered support all such claims and shall The Chairman, any designated person ordinarily maintains it or in a provide a description of the nature of Commissioner, or any administrative form or forms that are reasonably the information and the potential harm law judge may order the taking of usable. that is sufficient to enable the depositions and responses to written (c) A covered person responding to a Commission to evaluate and determine interrogatories by a covered person with subpoena need not produce the same the propriety of the claim. respect to any proceeding conducted electronically stored information in (f) Request for confidential treatment under title 39 of the United States Code more than one form. of information shall be made in or to obtain information to be used to (d) A covered person commanded to accordance with part 3007 of this prepare a report under that title. produce and permit inspection or chapter. BILLING CODE 7710–FW–S

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Appendix A to Part 3005—Subpoena Form

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[FR Doc. 2010–9630 Filed 4–26–10; 8:45 am] BILLING CODE 7710–FW–C

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Reader Aids Federal Register Vol. 75, No. 80 Tuesday, April 27, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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 226...... 16325 Executive orders and proclamations 741–6000 274...... 18377 Proclamations: The United States Government Manual 741–6000 319...... 17289 8485...... 18747 735...... 17555 Other Services 8487...... 17025 760...... 19185 Electronic and on-line services (voice) 741–6020 8488...... 17837 800...... 17555 Privacy Act Compilation 741–6064 8489...... 17839 900...... 17555 Public Laws Update Service (numbers, dates, etc.) 741–6043 8490...... 17841 916...... 17027 TTY for the deaf-and-hard-of-hearing 741–6086 8491...... 17843 917...... 17027 8492...... 17845 925...... 17031 ELECTRONIC RESEARCH 8493...... 17847 929...... 18394, 20514 8494...... 18749 944...... 17031 World Wide Web 8495...... 19181 Full text of the daily Federal Register, CFR and other publications 948...... 17034 8496...... 19183 is located at: http://www.gpoaccess.gov/nara/index.html 989...... 20897 8497...... 19876 Federal Register information and research tools, including Public 1001...... 21157 8498...... 20887 Inspection List, indexes, and links to GPO Access are located at: 1005...... 21157 8499...... 20889 http://www.archives.gov/federallregister 1006...... 21157 8500...... 20891 1007...... 21157 E-mail 8501...... 20893 1030...... 21157 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8502...... 21155 1032...... 21157 an open e-mail service that provides subscribers with a digital 8503...... 21977 1033...... 21157 form of the Federal Register Table of Contents. The digital form Executive Orders: 1124...... 21157 of the Federal Register Table of Contents includes HTML and 13536...... 19869 1126...... 21157 PDF links to the full text of each document. 13537...... 20237 1131...... 21157 To join or leave, go to http://listserv.access.gpo.gov and select 13538...... 20895 1170...... 17555 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13539...... 21973 1245...... 18396 (or change settings); then follow the instructions. 1400...... 19185 PENS (Public Law Electronic Notification Service) is an e-mail Administrative Orders: 1412...... 19185 service that notifies subscribers of recently enacted laws. Memorandums: 1421...... 19185 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Memorandum of April 1435...... 17555 and select Join or leave the list (or change settings); then follow 6, 2010 ...... 18045 3431...... 20239 the instructions. Memorandum of April FEDREGTOC-L and PENS are mailing lists only. We cannot 7, 2010 ...... 19533 Proposed Rules: respond to specific inquiries. Memorandum of April 28...... 22026 Reference questions. Send questions and comments about the 15, 2010 ...... 20511 210...... 20316 Federal Register system to: [email protected] Memorandum of April 215...... 20316 The Federal Register staff cannot interpret specific documents or 16, 2010 ...... 20767 220...... 20316 regulations. Presidential 225...... 20316 Reminders. Effective January 1, 2009, the Reminders, including Determinations: 226...... 20316 Rules Going Into Effect and Comments Due Next Week, no longer No. 2010-05 of April 7, 253...... 22027 appear in the Reader Aids section of the Federal Register. This 2010 ...... 19537 916...... 17072 information can be found online at http://www.regulations.gov. No. 2010-06 of April 7, 917...... 17072 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 2010 ...... 19535 956...... 18428 longer appears in the Federal Register. This information can be 1245...... 18430 4 CFR found online at http://bookstore.gpo.gov/. 4279...... 20044 Proposed Rules: 4287...... 20044 FEDERAL REGISTER PAGES AND DATE, APRIL 200...... 20298 4288 ...... 20073, 20085, 21191 5 CFR 9 CFR 16325–16640...... 1 21155–21498...... 23 16641–17024...... 2 21499–21972...... 26 894...... 20513 102...... 20771 17025–17280...... 5 21973–22202...... 27 Proposed Rules: 103...... 20771 17281–17554...... 6 532...... 17316 104...... 20771 17555–17846...... 7 550...... 18133 108...... 20771 17847–18046...... 8 831...... 20299 112...... 20771 18047–18376...... 9 841...... 20299 113...... 20771 18377–18746...... 12 890...... 20314 114...... 20771 18747–19180...... 13 892...... 20314 116...... 20771 19181–19532...... 14 Ch. LXXX...... 19909 124...... 20771 19533–19872...... 15 206...... 16641 19873–20236...... 16 7 CFR Proposed Rules: 20237–20510...... 19 1...... 17555 94...... 19915 20511–20770...... 20 3...... 17555 20771–20894...... 21 91...... 17281 10 CFR 20895–21154...... 22 205...... 17555 1...... 21979

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20...... 21979 16689, 16696, 17084, 17086, 1004...... 16351 Proposed Rules: 30...... 21979 17630, 17632, 17879, 17882, 1005...... 16351 212...... 20299 40...... 21979 17884, 17887, 17889, 18446, 1010...... 16351 51...... 20248 18774, 19564, 20787, 20790, 1020...... 16351 32 CFR 55...... 21979 20792, 20931, 20933, 21528, 1030...... 16351 199...... 18051 70...... 21979 21530, 22043 1040...... 16351, 20913 279...... 19878, 21505 73...... 21979 71 ...... 17322, 17637, 17891, 1050...... 16351 2004...... 17305 140...... 16645 17892, 20320, 20321, 20322, Proposed Rules: Proposed Rules: 430...... 20112, 21981 20323, 20528, 20794, 21532, 165...... 16363 108...... 18138 431...... 17036 22044, 22045 814...... 16365 655...... 19302 Proposed Rules: 882...... 17093 1701...... 16698 51...... 16360 15 CFR 890...... 17093 430 ...... 16958, 17075, 19296 740...... 17052 33 CFR 23 CFR 431 ...... 17078, 17079, 17080, 748...... 17052 83...... 19544 19297, 22031 750...... 17052 Proposed Rules: 100...... 20294 762...... 17052 655...... 20935 117 ...... 17561, 18055, 19245, 11 CFR 772...... 20520 24 CFR 20775, 20776, 20918 8...... 19873 774...... 20520 147...... 18404, 19880 111...... 19873 902...... 18262 202...... 20718 165 ...... 18055, 18056, 18058, 922...... 17055 570...... 17303 12 CFR 18755, 19246, 19248, 19250, Proposed Rules: 1003...... 20269 19882, 20523, 20776, 20778, 4...... 17849 922...... 22047 Proposed Rules: 20920, 21164, 21167, 21990, 205...... 16580 577...... 20541 21993 370...... 20257 16 CFR 1000...... 19920 167...... 17562 611...... 18726 1450...... 21985 334...... 19885 613...... 18726 26 CFR Proposed Rules: Proposed Rules: 615...... 18726 1...... 17854 312...... 17089 100 ...... 16700, 17099, 17103, 619...... 18726 301...... 17854 1500...... 20533 21191, 21194 602...... 17854 620...... 18726 150...... 16370 918...... 17037 17 CFR Proposed Rules: 165 ...... 16370, 16374, 16703, 1261...... 17037 190...... 17297 1...... 20941 17106, 17329, 18449, 18451, Proposed Rules: 232...... 17853 54...... 19297 18776, 18778, 19304, 19307, 701...... 17083 Proposed Rules: 20799, 20802 708a...... 17083 27 CFR 240...... 21456 708b...... 17083 17...... 16666 34 CFR 242...... 20738 19...... 16666 1203...... 17622 Ch. II...... 16668, 18407 249...... 21456 20...... 16666 1705...... 17622 280...... 21506 22...... 16666 13 CFR 18 CFR 24...... 16666 36 CFR Proposed Rules: 1b...... 21503 25...... 16666 1200...... 19555 115...... 21521 38...... 20901 26...... 16666 1253...... 19555 40...... 16914 27...... 16666 1280...... 19555 14 CFR 284...... 16337 28...... 16666 23...... 20516, 20518 358...... 20909 31...... 16666 Proposed Rules: 25...... 18399 Proposed Rules: 40...... 16666 1191...... 18781 27...... 17041 35...... 20796 44...... 16666 1193...... 18781 29...... 17041 46...... 16666 1194...... 18781 20 CFR 39 ...... 16646, 16648, 16651, 70...... 16666 1206...... 17638 618...... 16988 16655, 16657, 16660, 16662, 37 CFR 16664, 17295, 19193, 19196, Proposed Rules: 28 CFR 19199, 19201, 19203, 19207, 350...... 20299 20...... 18751 41...... 19558 19209, 20265, 21161, 21499 404...... 20299 540...... 21163 201...... 20526 61...... 19877 416...... 20299 Proposed Rules: Proposed Rules: 63...... 19877 540...... 17324 380...... 16377 65...... 19877 21 CFR 38 CFR 67...... 17047 Ch. I ...... 16353 29 CFR 71 ...... 16329, 16330, 16331, 1...... 20913 2203...... 18403 1...... 17857 16333, 16335, 16336, 17851, 2...... 19213 2204...... 18403 59...... 17859 17852, 18047, 18402, 18403, 10...... 16345 2700...... 21987 Proposed Rules: 19212, 20773, 20774 118...... 18751 4022...... 19542 1...... 20299 73...... 17561 510...... 20522, 20523 Proposed Rules: 17...... 17641 91...... 17041 522...... 20268 2590...... 19297 51...... 17644 97 ...... 19539, 19541, 21981, 524...... 16346 59...... 17641 21983 529...... 21162 30 CFR 121...... 17041 558...... 20917 18...... 17512, 20918 39 CFR 125...... 17041 801...... 20913 50...... 21990 111...... 17861 135...... 17041 803...... 20913 74...... 17512 3001...... 22190 234...... 17050 807...... 20913 75...... 17512, 20918 3005...... 22190 Proposed Rules: 812...... 20913 100...... 21990 21...... 18134 814...... 16347, 20913 250...... 20271 40 CFR 23...... 16676 820...... 20913 936...... 18048 9...... 16670 25...... 16676 822...... 20913 Proposed Rules: 50...... 17004 27...... 16676 860...... 20913 943...... 21534 51...... 17004, 17254 29...... 16676 900...... 20913 52 ...... 16671, 17307, 17863, 33...... 21523 1002...... 16351, 20913 31 CFR 17865, 17868, 18061, 18068, 39 ...... 16361, 16683, 16685, 1003...... 16351 103...... 19241 18757, 19468, 19886, 20780,

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20783, 20922, 21169 Proposed Rules: 27...... 17349 Proposed Rules: 60...... 19252 84...... 20546 36...... 17109 172...... 17111 61...... 19252 416...... 21207 73 ...... 19338, 19339, 19340 173...... 17111 63...... 19252 90...... 19340 176...... 17111 44 CFR 70...... 17004 97...... 20951 383...... 16391 71...... 17004 64...... 18408, 19891 384...... 16391 93...... 17254 65 ...... 18070, 18072, 18073, 48 CFR 390...... 16391 18076, 18079, 18082, 18084, 180 ...... 17564, 17566, 17571, Ch. I...... 19168, 19179 391...... 16391 17573, 17579, 19261, 19268, 18086, 18088, 18090 392...... 16391 67...... 18091, 19895 2...... 19168 19272, 20785 3...... 21508 571...... 21567 272...... 17309 Proposed Rules: 7...... 19168 580...... 20965 67...... 19320, 19328 721...... 16670 17...... 19168 1244...... 16712 Proposed Rules: 45 CFR 22...... 19168 51...... 19567 52...... 19168 50 CFR 89...... 18760 52 ...... 16387, 16388, 16706, 204...... 18030 17894, 18142, 18143, 18782, 286...... 17313 17 ...... 17062, 17466, 18107, 1609...... 21506 206...... 18035 18782, 21179, 21394, 22012 19567, 19920, 19921, 19923, 225...... 18035 20805, 20942, 21197, 22047 1610...... 21506 32...... 18413 1642...... 21506 234...... 18034 36...... 16636 60...... 19310 235...... 18030, 18034 Proposed Rules: 92...... 18764 61...... 19310 252...... 18030, 18035 146...... 19297, 19335 223...... 21512 63...... 19310 Ch. XIV ...... 19828 81...... 22047 148...... 19297, 19335 300...... 18110 Proposed Rules: 98 ...... 17331, 18455, 18576, 622...... 18427, 21512 46 CFR 31...... 19345 648 ...... 17618, 18113, 18262, 18608, 18652 202...... 20954 228...... 19311 393...... 18095 18356, 20786, 21189, 22025 Proposed Rules: 203...... 20954 665...... 17070 261...... 20942 212...... 20954 268...... 20942 2...... 21212 679 ...... 16359, 17315, 19561, 223...... 18041 19562, 20526 272...... 17332 47 CFR 252...... 18041, 20954 302...... 20942 Proposed Rules: 2...... 19277 17 ...... 16404, 17352, 17363, 372...... 17333, 19319 49 CFR 721...... 16706 11...... 19559 17667, 18960, 19575, 19591, 761...... 17645 36...... 17872 22...... 19285 19592, 19925, 20547, 20974, 54...... 17584, 17872 23...... 16357 21568, 22063 73...... 17874, 19907 350...... 17208 18...... 21571 42 CFR 74...... 17055 367...... 21993 223...... 16713 417...... 19678 78...... 17055 385...... 17208 224...... 16713 422...... 19678 90...... 19277 395...... 17208 300...... 22070 423...... 19678 95...... 19277 396...... 17208 622...... 20548 480...... 19678 Proposed Rules: 571 ...... 17590, 17604, 17605 648 ...... 16716, 20550, 22073, 483...... 21175 1...... 21536 580...... 20925 22087

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The text of laws is not H.R. 4851/P.L. 111–157 enacted public laws. To published in the Federal Continuing Extension Act of subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered 2010 (Apr. 15, 2010; 124 Stat. listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual 1116) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List April 15, 2010 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly

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