FAR Citation | Threshold adjustment |
---|---|
FAR 7.104(d)(2)(i)(A) | $7,500,000 |
FAR 7.104(d)(2)(i)(B) | 5,500,000 |
FAR 7.107(b)(1) | 86,000,000 |
FAR 7.107(b)(2) | 8,600,000 |
FAR 19.702(a)(1) | 550,000 |
FAR 19.702(a)(2) | 550,000 |
FAR 19.704(a)(9) | 550,000 |
FAR 19.708(b)(1) | 550,000 |
FAR 19.805-1(a)(2) | 5,500,000 |
FAR 19.805-1(a)(2) | 3,500,000 |
FAR 19.1306(a)(2)(i) | 5,500,000 |
FAR 19.1306(a)(2)(ii) | 3,500,000 |
FAR 19.1406(a)(2)(i) | 5,500,000 |
This AD requires actions that are intended to address the unsafe condition described in the MCAI.
DATES: This AD becomes effective October 5, 2009. On October 5, 2009, the Director of the Federal Register approved the incorporation by reference of British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, Revision 2, dated August 11, 2009, listed in this AD. As of June 26, 2009 (74 FR 29936, June 24, 2009), the Director of the Federal Register approved the incorporation by reference of British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, dated June 2009 (includes an attached Accomplishment Report), and APPH Ltd. Service Bulletins 1847-32-14 and 1862-32-14, as applicable, both dated June 2009, listed in this AD. We must receive comments on this AD by October 29, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493-2251. • Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov ; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090. SUPPLEMENTARY INFORMATION: Discussion On June 18, 2009, we issued AD 2009-13-10, Amendment 39-15949 (74 FR 29936; June 24, 2009). That AD required actions intended to address an unsafe condition on the products listed above. Since we issued AD 2009-13-10, British Aerospace Regional Aircraft has issued revised service information which identifies an additional seven affected radius rods by serial number. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Emergency AD No. 2009-0181-E, dated August 12, 2009 (referred to after this as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states: BAE Systems have been notified by the main landing gear (MLG) radius rod manufacturer, APPH Ltd, that a batch of incorrectly manufactured Buffer Springs (part number 184818) has been supplied to their parts distributor and maintenance and repair organisation (MRO) facilities in North America. There is a risk that any radius rod fitted with one of these incorrectly manufactured Buffer Springs could jam in an unlocked position. This condition, if not corrected, could result in MLG collapse and consequent injury to occupants of the aeroplane. EASA issued AD 2009-0121-E to require the replacement of the affected radius rods. BAE Systems (Operations) Ltd Alert Service Bulletin (ASB) 32-A-JA090640 Revision 2 (the ASB) has now been issued, which identifies an additional seven affected radius rods by serial number (s/n). For the reasons described above, this AD retains the requirements of AD 2009-0121-E, which is superseded, and expands the applicability to include the replacement of the additional units.You may obtain further information by examining the MCAI in the AD docket.
Relevant Service Information British Aerospace Regional Aircraft has issued: • British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, dated June 2009 (includes an attached Accomplishment Report); • British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, Revision 2, dated August 11, 2009 (includes an attached Accomplishment Report); and • APPH Ltd. Service Bulletins 1847-32-14 and 1862-32-14, both dated June 2009. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. FAA's Determination and Requirements of the AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with this State of Design Authority, they have notified us of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946889 general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might have also required different actions in this AD from those in the MCAI in order to follow FAA policies. Any such differences are described in a separate paragraph of the AD. These requirements take precedence over those copied from the MCAI. FAA's Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because we evaluated all information provided by the State of Design Authority and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2009-0817; Directorate Identifier 2009-CE-046-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a “significant regulatory action” under Executive Order 12866; (2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by removing Amendment 39-15949 (74 FR 29936; June 24, 2009), and adding the following new AD:2009-19-03 British Aerospace Regional Aircraft: Amendment 39-16020; Docket No. FAA-2009-0817; Directorate Identifier 2009-CE-046-AD.
Effective Date (a) This airworthiness directive (AD) becomes effective October 5, 2009. Affected ADs (b) This AD supersedes AD 2009-13-10; Amendment 39-15949. Applicability (c) This AD applies to Model HP.137 Jetstream Mk.1, Jetstream Series 200 and 3101, and Jetstream Model 3201 airplanes, all serial numbers, certificated in any category. Subject (d) Air Transport Association of America (ATA) Code 32: Landing Gear. Reason (e) The mandatory continuing airworthiness information (MCAI) states: BAE Systems have been notified by the main landing gear (MLG) radius rod manufacturer, APPH Ltd, that a batch of incorrectly manufactured Buffer Springs (part number 184818) has been supplied to their parts distributor and maintenance- and repair organisation (MRO) facilities in North America. There is a risk that any radius rod fitted with one of these incorrectly manufactured Buffer Springs could jam in an unlocked position. This condition, if not corrected, could result in MLG collapse and consequent injury to occupants of the aeroplane. EASA issued AD 2009-0121-E to require the replacement of the affected radius rods. BAE Systems (Operations) Ltd Alert Service Bulletin (ASB) 32-A-JA090640 Revision 2 (the ASB) has now been issued, which identifies an additional seven affected radius rods by serial number (s/n). For the reasons described above, this AD retains the requirements of AD 2009-0121-E, which is superseded, and expands the applicability to include the replacement of the additional units. Actions and Compliance (f) Unless already done, do the following actions: (1) Before further flight after October 5, 2009 (the effective date of this AD) inspect the main landing gear (MLG) radius rods to identify if you have part number (P/N) 1847/D through 1847/N and 1862/D through 1862/N with one of the affected serial numbers listed in British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, Revision 2, dated August 11, 2009. Perform the inspection following British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, Revision 2, dated August 11, 2009. Only paragraphs (f)(3) and (f)(4) of this AD apply to you if one or both of the following exists: (i) If you do not have one of the affected P/Ns installed; and/or (ii) If you can positively show (maintenance records) that, during the inspection required by AD 2009-13-10, none of the serial number radius rods listed in Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946890 British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, Revision 2, dated August 11, 2009, are installed. (2) If as a result of the inspection required in paragraph (f)(1) of this AD you find one of the affected P/N MLG radius rods installed on the airplane, before further flight, install one of the following MLG radius rods: (i) A serviceable MLG radius rod that is not in one of the following P/N ranges: 1847/D through 1847/N or 1862/D through 1862/N; or (ii) An affected P/N MLG radius rod that has already been inspected following APPH Ltd. Service Bulletin 1847-32-14 or 1862-32-14, as applicable, both dated June 2009, and found to be serviceable. (3) As of October 5, 2009 (the effective date of this AD), do not install an affected part number MLG radius rod unless it has been inspected following APPH Ltd. Service Bulletin 1847-32-14 or 1862-32-14, as applicable, both dated June 2009, and found to be serviceable. Note 1: The inspection requirements of paragraph (f)(3) above apply to any replacement required per AD 2007-21-17. (4) Within 30 days after the inspection required in paragraph (f)(1) of this AD, send an Accomplishment (Inspection) Report to BAE Systems following the instructions in paragraph 2.C of British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, Revision 2, dated August 11, 2009. Include the details of any radius rods removed. FAA AD Differences Note 2: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Standards Office, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4138; fax: (816) 329-4090. Before using any approved AMOC on any airplane to which the AMOC applies, notify your appropriate principal inspector (PI) in the FAA Flight Standards District Office (FSDO), or lacking a PI, your local FSDO. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Special Flight Permit (h) Under 14 CFR 39.23, we are limiting special flight permits for the purpose of compliance with this AD under the following conditions: (1) Operate the airplane only with the MLG in the down and verified locked position throughout the entire flight; and (2) Coordinate additional flight restrictions with British Aerospace Regional Aircraft using the contact information provided in paragraph (j)(2) of this AD. Related Information (i) Refer to MCAI EASA Emergency AD No. 2009-0181-E, dated August 12, 2009; British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, Revision 2, dated August 11, 2009 (includes an attached Accomplishment Report); and APPH Ltd. Service Bulletins 1847-32-14 and 1862-32-14, both dated June 2009, for related information. Material Incorporated by Reference (j) You must use British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, Revision 2, dated August 11, 2009 (includes an attached Accomplishment Report); and APPH Ltd. Service Bulletins 1847-32-14 and 1862-32-14, both dated June 2009, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of British Aerospace Jetstream Series 3100 and 3200 Alert Service Bulletin 32-A-JA090640, Revision 2, dated August 11, 2009 (includes an attached Accomplishment Report) under 5 U.S.C. 552(a) and 1 CFR part 51. (2) On June 26, 2009 (74 FR 29936, June 24, 2009), the Director of the Federal Register previously approved the incorporation by reference of APPH Ltd. Service Bulletins 1847-32-14 and 1862-32-14, both dated June 2009. (3) For service information identified in this AD, contact BAE Systems (Operations) Ltd., Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone: +44 1292 675207; fax: +44 1292 675704; e-mail: RApublications@baesystems.com; Internet: http://www.baesystems.com/Capabilities/Air/. (4) You may review copies of the service information incorporated by reference for this AD at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the Central Region, call (816) 329-3768. (5) You may also review copies of the service information incorporated by reference for this AD at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Issued in Kansas City, Missouri on September 1, 2009. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E9-21741 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-PParagraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * * ASO KY E5 Tompkinsville, KY [NEW]Tompkinsville-Monroe County Airport, KY
(Lat. 36°43′45″ N., long. 85°39′09″ W.)
That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of the Tompkinsville-Monroe County Airport. * * * * * Issued in College Park, Georgia, on August 17, 2009. Barry A. Knight, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E9-21833 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-PParagraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * * ASO NC E5 Hertford, NC [NEW]Harvey Point Defense Testing Activity, NC
(Lat. 36°05′46″ N., long. 76°19′37″ W.)
That airspace extending upward from 700 feet above the surface of the Earth within a 6.5-mile radius of Harvey Point Defense Testing Activity and within 2 miles each side of the 199° bearing from the airport extending from the 6.5-mile radius to 9 miles southwest of the airport, and within a 6.5-mile radius of Harvey Point Defense Testing Activity and within 2 miles each side of the 018° bearing from the airport extending from the 6.5-mile radius to 9 miles northeast of the airport. * * * * * Issued in College Park, Georgia, on August 17, 2009. Barry A. Knight, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E9-21876 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-PParagraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * * ASO GA E5 Clayton, GA [NEW]Heaven's Landing Airport, GA
(Lat. 34°54′52″ N., long. 83°27′35″ W.)
That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of the Heaven's Landing Airport. * * * * * Issued in College Park, Georgia, on August 21, 2009. Michael Vermuth, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E9-21892 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-PParagraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * * ASO SC E5 Saluda, SC [NEW]Saluda County Airport, SC
(Lat. 33°55′36″ N., long. 81°47′41″ W.)
That airspace extending upward from 700 feet above the surface within a 6.3-mile radius of the Saluda County Airport. * * * * * Issued in College Park, Georgia, on August 21, 2009. Michael Vermuth, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E9-21878 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-PParagraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * * ASO NC E5 Lewisport, KY [NEW]Hancock Co.—Ron Lewis Field, KY
(Lat. 37°57′12″ N., long. 86°51′26″ W.)
That airspace extending upward from 700 feet above the surface of the Earth within a 6.4-mile radius of Hancock Co.—Ron Lewis Field. * * * * * Issued in College Park, Georgia, on August 24, 2009. Signed by: Michael Vermuth, Acting Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E9-21813 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-PSarasota/Bradenton International Airport, Sarasota, FL
(Lat. 27°23′43″ N., long. 82°33′14″ W.)
That airspace extending upward from the surface within 2.4 miles each side of the 140° bearing from the airport, extending from a 5-mile radius of Sarasota/Bradenton International Airport to 6.2 miles southeast of the airport and that airspace 2.4 miles each side of the 293° bearing from the airport, extending from a 5-mile radius of Sarasota/Bradenton International Airport to 7.9 miles northwest of the airport. This Class E airspace area is effective during the specific days and times established in advance by a Notice to Airmen. The effective days and times will thereafter be continuously published in the Airport/Facility Directory. * * * * * Paragraph 6005 Class E Airspace Extending Upward from 700 feet or More Above the Surface of the Earth. * * * * * ASO FL E5 Sarasota, FL [REVISED]Sarasota/Bradenton International Airport, Sarasota, FL
(Lat. 27°23′43″ N., long. 82°33′14″ W.)
That airspace extending upward from 700 feet above the surface within a 7.9-mile radius of the Sarasota/Bradenton International Airport. * * * * * Paragraph 6004 Class E Airspace Designated as an Extension to a Class D Surface Areas. * * * * * Issued in College Park, Georgia, on August 31, 2009. Barry A. Knight, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. [FR Doc. E9-21896 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-PFDC Date | State | City | Airport | FDC No. | Subject |
---|---|---|---|---|---|
08/12/09 | FL | DUNNELLON | DUNNELLON/MARION CO & PARK OF COMMERCE | 9/4021 | VOR/DME RWY 23, AMDT 1A. |
08/13/09 | TX | PALESTINE | PALESTINE MUNI | 9/4346 | RNAV (GPS) RWY 18, ORIG. |
08/13/09 | TX | PALESTINE | PALESTINE MUNI | 9/4347 | VOR/DME RWY 18, AMDT 5. |
08/13/09 | TX | PALESTINE | PALESTINE MUNI | 9/4349 | RNAV (GPS) RWY 36, AMDT 1. |
08/17/09 | CA | CAMARILLO | CAMARILLO | 9/4838 | VOR RWY 26, AMDT 5. |
08/17/09 | OR | REDMOND | ROBERTS FIELD | 9/4921 | VOR A, AMDT 5. |
Cullman, AL, Folsom Field, GPS RWY 20, Orig, CANCELLED
Cullman, AL, Folsom Field, RNAV (GPS) RWY 2, Orig
Cullman, AL, Folsom Field, RNAV (GPS) RWY 20, Orig
Mobile, AL, Mobile Rgnl, RNAV (GPS) RWY 36, Orig
Daggett, CA, Barstow-Daggett, RNAV (GPS) RWY 22, Amdt 1
Daggett, CA, Barstow-Daggett, RNAV (GPS) RWY 26, Amdt 1
Daggett, CA, Barstow-Daggett, Takeoff Minimums and Obstacle DP, Amdt 2
Daggett, CA, Barstow-Daggett, VOR OR TACAN RWY 22, Amdt 9
Eureka, CA, Murray Field, VOR-A, Amdt 7A
San Jose, CA, Norman Y. Mineta San Jose Intl, RNAV (GPS) Y RWY 12R, Amdt 2A
Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, RNAV (RNP) Y RWY 9L, Orig-C
Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, RNAV (RNP) Z RWY 9R, Orig-C
Fort Lauderdale, FL, Fort Lauderdale/Hollywood Intl, RNAV (RNP) Z RWY 27R, Orig-C
Miami, FL, Dade-Collier Training and Transition, Takeoff Minimums and Obstacle DP, Orig
Orlando, FL, Orlando Intl, ILS OR LOC RWY 35R, ILS RWY 35R (CAT II), Amdt 1A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 8L, Orig-A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 8R, Orig-A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 9L, Orig-A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 9R, Orig-A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 10, Orig-A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 26L, Orig-A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 26R, Orig-A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 27R, Orig-A
Atlanta, GA, Hartsfield-Jackson Atlanta Intl, RNAV (RNP) Z RWY 28, Orig-A
Bogalusa, LA, George R Carr Memorial Airfield, GPS RWY 36, Orig-B, CANCELLED
Bogalusa, LA, George R Carr Memorial Airfield, RNAV (GPS) RWY 36, Orig
Many, LA, Hart, NDB OR GPS RWY 12, Amdt 4A, CANCELLED
Many, LA, Hart, RNAV (GPS) RWY 12, Orig
Many, LA, Hart, RNAV (GPS) RWY 30, Orig
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, RNAV (RNP) Z RWY 10, Orig-A
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, RNAV (RNP) Z RWY 15R, Orig-A
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, RNAV (RNP) Z RWY 28, Orig-A
Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, RNAV (RNP) Z RWY 33L, Orig-A
Mankato, MN, Mankato Rgnl. RNAV (GPS) RWY 15, Orig
Mankato, MN, Mankato Rgnl. RNAV (GPS) RWY 33, Orig
Mankato, MN, Mankato Rgnl, Takeoff Minimums and Obstacle DP, Orig
Mankato, MN, Mankato Rgnl, VOR RWY 15, Amdt 7
Mankato, MN, Mankato Rgnl, VOR RWY 33, Amdt 8
Gulfport, MS, Gulfport-Biloxi Intl, RNAV (GPS) RWY 18, Amdt 1A
Starkville, MS, Oktibbeha, Takeoff Minimums and Obstacle DP, Orig
Tunica, MS, Tunica Muni, RNAV (GPS) RWY 17, Amdt 2
Tunica, MS, Tunica Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (RNP) Z RWY 5L, Orig-A
Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (RNP) Z RWY 5R, Orig-A
Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (RNP) Z RWY 23L, Orig-A
Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (RNP) Z RWY 23R, Orig-A
Newark, NJ, Newark Liberty Intl, RNAV (RNP) Y RWY 22L, Orig-D
Newark, NJ, Newark Liberty Intl, RNAV (RNP) Y RWY 29, Orig-A
Newark, NJ, Newark Liberty Intl, RNAV (RNP) Z RWY 4R, Orig-A
Newark, NJ, Newark Liberty Intl, RNAV (RNP) Z RWY 29, Orig-A
Sussex, NJ, Sussex, GPS RWY 3, Orig, CANCELLED
Sussex, NJ, Sussex, RNAV (GPS) RWY 3, Orig
Altus, OK, Altus/Quartz Mountain Rgnl, GPS RWY 17, Amdt 1B, CANCELLED
Altus, OK, Altus/Quartz Mountain Rgnl, RNAV (GPS) RWY 17, Orig
Altus, OK, Altus/Quartz Mountain Rgnl, RNAV (GPS) RWY 35, Orig
Altus, OK, Altus/Quartz Mountain Rgnl, Takeoff Minimums and Obstacle DP, Orig
Altus, OK, Altus/Quartz Mountain Rgnl, VOR-B, Amdt 1
McAlester, OK, McAlester Regional, RNAV (GPS) RWY 2, Orig-A
McAlester, OK, McAlester Regional, RNAV (GPS) RWY 20, Orig-A
Pittsburgh, PA, Pittsburgh Intl, RNAV (RNP) Z RWY 10C, Orig-A
Pittsburgh, PA, Pittsburgh Intl, RNAV (RNP) Z RWY 10R, Orig-A
Pittsburgh, PA, Pittsburgh Intl, RNAV (RNP) Z RWY 28C, Orig-A
Pittsburgh, PA, Pittsburgh Intl, RNAV (RNP) Z RWY 28L, Orig-A
Pittsburgh, PA, Pittsburgh Intl, RNAV (RNP) Z RWY 28R, Orig-A
Pittsburgh, PA, Pittsburgh Intl, RNAV (RNP) Z RWY 32, Orig-B
Columbia, SC, Columbia Metropolitan, RADAR 1, Amdt 12
Green Bay, WI, Austin Straubel Intl, ILS OR LOC RWY 36, Amdt 9
Green Bay, WI, Austin Straubel Intl, RNAV (GPS) RWY 6, Amdt 2
Green Bay, WI, Austin Straubel Intl, RNAV (GPS) RWY 24, Amdt 1
Green Bay, WI, Austin Straubel Intl, RNAV (GPS) RWY 36, Amdt 3
Effective 22 OCT 2009Chuathbaluk, AK, Chuathbaluk, EBSIH ONE Graphic Obstacle DP
Chuathbaluk, AK, Chuathbaluk, RNAV (GPS) RWY 9, Orig
Chuathbaluk, AK, Chuathbaluk, RNAV (GPS) RWY 27, Orig
Chuathbaluk, AK, Chuathbaluk, Takeoff Minimums and Obstacle DP, Orig
Fairbanks, AK Fairbanks Intl, ILS OR LOC RWY 2L, ILS RWY 2L (CAT II), ILS RWY 2L (CAT III), Amdt 8
Fairbanks, AK Fairbanks Intl, ILS OR LOC RWY 20R, Amdt 22
Fairbanks, AK Fairbanks Intl, RNAV (GPS) RWY 2L, Orig
Fairbanks, AK Fairbanks Intl, RNAV (GPS) RWY 2R, Orig-A
Fairbanks, AK Fairbanks Intl, RNAV (GPS) RWY 20L, Orig-A
Fairbanks, AK Fairbanks Intl, RNAV (GPS) RWY 20R, Orig
Fairbanks, AK Fairbanks Intl, RNAV (GPS) Y RWY 1L, Orig-C, CANCELLED
Fairbanks, AK Fairbanks Intl, RNAV (GPS) Y RWY 19R, Orig-D, CANCELLED
Fairbanks, AK Fairbanks Intl, RNAV (GPS) Z RWY 1L, Orig, CANCELLED
Fairbanks, AK Fairbanks Intl, RNAV (GPS) Z RWY 19R, Orig, CANCELLED
Fairbanks, AK Fairbanks Intl, Takeoff Minimums and Obstacle DP, Amdt 5
Fairbanks, AK Fairbanks Intl, VOR OR TACAN RWY 20R, Amdt 2
Koyukuk, AK, Koyukuk, DIBVY ONE Graphic Obstacle DP
Koyukuk, AK, Koyukuk, RNAV (GPS) RWY 6, Orig
Koyukuk, AK, Koyukuk, RNAV (GPS) RWY 24, Orig
Koyukuk, AK, Koyukuk, Takeoff Minimums and Obstacle DP, Orig
Nenana, AK, Nenana Muni, NDB RWY 4L, Amdt 3
Nenana, AK, Nenana Muni, RNAV (GPS) RWY 4L, Amdt 1
Nenana, AK, Nenana Muni, Takeoff Minimums and Obstacle DP, Amdt 4
Chino, CA, Chino, VOR RWY 26R, Orig
Chino, CA, Chino, VOR OR GPS-B, Amdt 3C, CANCELLED Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946903
Merced, CA, Castle, ILS OR LOC/DME RWY 31, Amdt 2B
Merced, CA, Castle, RNAV (GPS) RWY 13, Orig-B
Merced, CA, Castle, RNAV (GPS) RWY 31, Orig-B
Merced, CA, Castle, VOR/DME RWY 31, Amdt 1A
Monterey, CA, Monterey Peninsula, Takeoff Minimums and Obstacle DP, Amdt 6
San Carlos, CA, San Carlos, Takeoff Minimums and Obstacle DP, Amdt 1
Annapolis, MD, Lee, RNAV (GPS) RWY 30, Orig-D, CANCELLED
Annapolis, MD, Lee, RNAV (GPS)-A, Orig
Jackson, MI, Jackson County-Reynolds Field, RNAV (GPS) RWY 6, Orig
Jackson, MI, Jackson County-Reynolds Field, RNAV (GPS) RWY 14, Orig
Jackson, MI, Jackson County-Reynolds Field, RNAV (GPS) RWY 24, Orig
Jackson, MI, Jackson County-Reynolds Field, RNAV (GPS) RWY 32, Orig
Jackson, MI, Jackson County-Reynolds Field, Takeoff Minimums and Obstacle DP, Amdt 5
Jackson, MI, Jackson County-Reynolds Field, VOR RWY 6, Amdt 20
Jackson, MI, Jackson County-Reynolds Field, VOR RWY 14, Amdt 20
Jackson, MI, Jackson County-Reynolds Field, VOR RWY 32, Amdt 18
Jackson, MI, Jackson County-Reynolds Field, VOR/DME RWY 24, Orig
Jackson, MI, Jackson County-Reynolds Field, VOR OR GPS RWY 24, Amdt 21, CANCELLED
West Branch, MI, West Branch Community, NDB OR GPS RWY 27, Amdt 6C, CANCELLED
West Branch, MI, West Branch Community, RNAV (GPS) RWY 9, Orig
West Branch, MI, West Branch Community, RNAV (GPS) RWY 27, Orig
Zanesville, OH, Zanesville Muni, ILS OR LOC/DME RWY 22, Amdt 1
Pottstown, PA, Pottstown, Takeoff Minimums and Obstacle DP, Amdt 2A
Covington, TN, Covington Muni, NDB OR GPS RWY 1, Amdt 3, CANCELLED
Covington, TN, Covington Muni, RNAV (GPS) RWY 1, Orig
Charlottesville, VA, Charlottesville-Albemarle, Takeoff Minimums and Obstacle DP, Amdt 9
Clarksburg, WV, North Central West Virginia, Takeoff Minimums and Obstacle DP, Amdt 5
[FR Doc. E9-21036 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-PWhen | The minimum BOP stack must include |
---|---|
(1) The expected pressure is less than 5,000 psi, | Three BOPs consisting of an annular, one set of pipe rams, and one set of blind-shear rams. |
(2) The expected pressure is 5,000 psi or greater or you use multiple tubing strings, | Four BOPs consisting of an annular, two sets of pipe rams, and one set of blind-shear rams. |
(3) You handle multiple tubing strings simultaneously, | Four BOPs consisting of an annular, one set of pipe rams, one set of dual pipe rams, and one set of blind-shear rams. |
(4) You use a tapered drill string, | At least one set of pipe rams that are capable of sealing around each size of drill string. If the expected pressure is greater than 5,000 psi, then you must have at least two sets of pipe rams that are capable of sealing around the larger size drill string. You may substitute one set of variable bore rams for two sets of pipe rams. |
When | The minimum BOP stack must include |
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(1) The expected pressure is less than 5,000 psi, | Three BOPs consisting of an annular, one set of pipe rams, and one set of blind-shear rams. |
(2) The expected pressure is 5,000 psi or greater or you use multiple tubing strings, | Four BOPs consisting of an annular, two sets of pipe rams, and one set of blind-shear rams. |
(3) You handle multiple tubing strings simultaneously, | Four BOPs consisting of an annular, one set of pipe rams, one set of dual pipe rams, and one set of blind-shear rams. |
(4) You use a tapered drill string, | At least one set of pipe rams that are capable of sealing around each size of drill string. If the expected pressure is greater than 5,000 psi, then you must have at least two sets of pipe rams that are capable of sealing around the larger size drill string. You may substitute one set of variable bore rams for two sets of pipe rams. |
I. Background
A. What action are we taking in this document?
B. What documents did we use in our evaluation of the October 7, 2008 SIP submittal?
C. Why are we approving the October 7, 2008 SIP submittal?
II. Final Action
III. Statutory and Executive Order Reviews
I. Background A. What action are we taking in this document? We are approving revisions to 20.2.7 NMAC—Excess Emissions occurring during startup, shutdown, and malfunction related activities as revisions to the New Mexico SIP. We received this submittal with an October 7, 2008 letter from the Governor of New Mexico on behalf of the NMED. We are approving the repeal of the existing EPA-approved 20.2.7—Excess Emissions, and replacing it with the revised version of 20.2.7 NMAC as contained in the October 7, 2008 SIP submittal. The existing 20.2.7 NMAC—Excess Emissions rule was approved by EPA on September 26, 1997 (62 FR 50518) at 40 CFR 52.1620(c)(66). See Chapter A of our Technical Support Document (TSD) prepared in conjunction with this rulemaking action for more information. The TSD is a part of the docket and available for public review. The October 7, 2008 submittal also included proposed revisions to NMAC 20.2.70—Operating Permits. We are not taking action on those revisions as part of today's rulemaking action. The revisions to NMAC 20.2.70 are part of the Title V program approval, and will be handled in a separate rulemaking action. B. What documents did we use in our evaluation of the October 7, 2008 SIP submittal? The EPA's interpretation of the Act on excess emissions occurring during periods of startup, shutdown, and malfunction is set forth in the following documents: A memorandum dated September 28, 1982, from Kathleen M. Bennett, Assistant Administrator for Air, Noise, and Radiation, entitled “Policy on Excess Emissions During Startup, Shutdown, Maintenance, and Malfunctions” (1982 Policy); EPA's clarification to the above policy memorandum dated February 15, 1983, from Kathleen M. Bennett, Assistant Administrator for Air, Noise, and Radiation (1983 Policy); EPA's policy memorandum reaffirming and supplementing the above policy, dated September 20, 1999, from Steven A. Herman, Assistant Administrator for Enforcement and Compliance Assurance and Robert Perciasepe, Assistant Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946912 Administrator for Air and Radiation, entitled “State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown” (1999 Policy); EPA's final rule for Utah's sulfur dioxide control strategy (Kennecott Copper), April 27, 1977 (42 FR 21472); EPA's final rule for Idaho's sulfur dioxide control strategy, November 8, 1977 (42 FR 58171); and the latest clarification of EPA's policy issued on December 5, 2001 (2001 Policy). You can find the 2001 Policy at: http://www.epa.gov/ttn/oarpg/t1pgm.html (URL dating July 22, 2008). The EPA's interpretation of the Act related to exclusions from emission limitations for sources in certain startup, shutdown, or malfunction situations was upheld by the United States Court of Appeals for the Sixth Circuit in Michigan Mfrs. Ass'n v. Browner , 230 F.3d 181 (6th Cir. 2000). C. Why are we approving the October 7, 2008 SIP submittal? Under section 110(a) of the Act, EPA views all excess emissions as violations of the applicable emission limitation because excess emissions have the potential to interfere with attainment and maintenance of the National Ambient Air Quality Standards, or with the protection of Prevention of Significant Deterioration increments. However, EPA recognizes that imposition of a penalty for sudden and unavoidable malfunctions, startups or shutdowns caused by circumstances entirely beyond the control of the owner or operator may not be appropriate. The EPA has provided guidance on two approaches for addressing excess emissions, the use of enforcement discretion and providing an affirmative defense to actions for civil penalties. Neither approach waives liability or reporting requirements for the violation. Excess emissions occurring during periods of startup, shutdown, maintenance, and malfunction must be included in determining compliance with SIP emission limitations. States are not required to provide an affirmative defense approach, but if they choose to do so, EPA will evaluate the State's SIP rules for consistency with our policy and guidance documents listed in section B of this document. Our reasons for approval of the October 7, 2008 SIP submittal are as follows: The NMED's October 7, 2008 SIP submittal adopts an affirmative defense approach to address excess emissions. This approach is permissible under the 1999 Policy. The NMED's October 7, 2008 SIP submittal clearly states that operation resulting in an excess emission is a violation of the air quality regulation or permit, and may be subject to potential enforcement action. This statement is consistent with the 1999 Policy. The NMED's October 7, 2008 SIP submittal adequately sets forth notification and reporting requirements for the owner or operator of a source having an excess emission. We believe that notification and reporting, including implementation of corrective action(s) when needed, of excess emissions will assist with the management of excess emissions and will enhance the New Mexico SIP by reducing the amount or frequency of future potential excess emissions. The NMED's October 7, 2008 SIP submittal contains criteria to be considered when asserting an affirmative defense for an excess emission during startup or shutdown to claims for a civil penalty (not injunctive relief) that are similar, if not identical, to those in the 1999 Policy. We believe the criteria for asserting an affirmative defense are consistent with our guidance documents and should be approved. The NMED's October 7, 2008 SIP submittal contains criteria to be considered when asserting affirmative defense for an excess emission during a malfunction to claims for a civil penalty (but not the injunctive relief) that are similar, if not identical, to those in the 1999 Policy. We believe the criteria for asserting an affirmative defense are consistent with our guidance documents and should be approved. The NMED's October 7, 2008 SIP submittal clearly states that NMED's determinations concerning an owner or operator's assertion of the affirmative defense shall not preclude EPA or citizens' enforcement authority under the Act. This statement is consistent with 42 U.S.C. 7413 and 7604. Neither section 20.2.7.111 NMAC nor section 20.2.7.112 NMAC of the October 7, 2008 SIP submittal makes an affirmative defense available to an owner or operator of a source having an excess emission due to maintenance related activities. We believe that maintenance activities are predictable events that are subject to planning to minimize releases, unlike malfunctions or upsets, which are sudden, unavoidable or beyond the control of owner or operator. The owner or operator of a source should be able to plan maintenance that might otherwise lead to excess emissions to coincide with maintenance of production equipment or other facility shutdowns. This position is consistent with EPA's interpretation of section 110 of the Act, and with our guidance documents. The NMED's October 7, 2008 SIP submittal narrowly defines an emergency situation. An owner and operator may assert an affirmative defense for an emergency if certain criteria are met. See 20.2.7.113(B)(1) through (4) NMAC for these criteria. In any enforcement proceeding, the owner or operator seeking to establish the occurrence of an emergency has the burden of proof. In addition, NMED may require additional information reported within the time period specified by the department. See 20.2.7.113(C) and (D) NMAC. We believe this approach is consistent with our guidance documents. For a section-by-section evaluation of the October 7, 2008 SIP submittal see Chapter B of our TSD. The TSD is a part of the docket and available for public review. For these reasons we are approving 20.2.7 NMAC into New Mexico SIP. In addition, we are approving the repeal and replacement of the existing EPA-approved 20.2.7 NMAC Excess Emissions rule with the revised 20.2.7 NMAC contained in the October 7, 2008 SIP submittal. The existing EPA-approved 20.2.7 NMAC Excess Emissions rule provided for frequent startup and shutdowns, and exempted certain facilities from notification requirements. See Chapter A of the TSD. The existing EPA-approved 20.2.7 NMAC Excess Emissions rule did not conform with the 1999 Policy. The revised 20.2.7 NMAC contained in the October 7, 2008 SIP submittal conforms with the 1999 Policy, and its approval will enhance the New Mexico SIP. See Chapter B of the TSD. II. Final Action Today, we are approving revisions to New Mexico Administrative Code Title 20, Chapter 2, Part 7 Excess Emissions (20.2.7 NMAC—Excess Emissions) occurring during startup, shutdown, and malfunction related activities into New Mexico SIP. We are approving the repeal of the existing 20.2.7 NMAC, and replacing it with the revised 20.2.7 NMAC contained in the October 7, 2008 SIP submittal. III. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946913 approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. ); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994); • Does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law; and • Is not a “major rule” as defined by 5 U.S.C. 804(2) under the Congressional Review Act, 5 U.S.C. 801 et seq., added by the Small Business Regulatory Enforcement Fairness Act of 1996. A major rule cannot take effect until 60 days after it is published in the Federal Register . This action is not a “major rule.” Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 13, 2009. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (See section 307(b)(2) of the Act.) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Nitrogen oxide, Reporting and recordkeeping requirements, Ozone, Volatile organic compounds. Dated: August 28, 2009. Lawrence E. Starfield, Acting Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart GG—New Mexico 2. The table in § 52.1620(c) entitled “EPA Approved New Mexico Regulations” is amended by revising the entry for “Part 7” to read as follows: § 52.1620 Identification of plan. * * * * * (c) * * * New Mexico Administrative Code (NMAC) Title 20—Environmental Protection Chapter 2—Air Quality * * * * * * * Part 7 Excess Emissions 7/10/2008 9/14/2009 [Insert FR page number where document begins] * * * * * * *State citation | Title/subject | State approval/ submittal date | EPA approval date | Comments |
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New Mexico Administrative Code (NMAC) Title 20—Environmental Protection | ||||
Chapter 2—Air Quality | ||||
* * * * * * * | ||||
Part 7 | Excess Emissions | 7/10/2008 | 9/14/2009 [Insert FR page number where document begins] | |
* * * * * * * |
Species | Historic range | Vertebrate population where endangered or threatened | Status | When listed | Critical habitat | Special rules | |
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Common name | Scientific name | ||||||
* * * * * * * | |||||||
Birds | |||||||
* * * * * * * | |||||||
Petrel, Chatham | Pterodroma axillaris | Pacific Ocean—New Zealand (Chatham Islands) | Entire | E | 763 | NA | NA |
Petrel, Fiji | Pseudobulweria macgillivrayi | Pacific Ocean—Fiji (Gau Island) | Entire | E | 763 | NA | NA |
* * * * * * * | |||||||
Petrel, magenta | Pterodroma magentae | Pacific Ocean—New Zealand (Chatham Islands) | Entire | E | 763 | NA | NA |
* * * * * * * |
DHS is required to promulgate implementing regulations no later than 60 days before the transition program effective date. See id.
Under the CNMI's current foreign investor programs, foreign investors can apply for the following entry permits: • Foreign Investor Entry Permit, 4 N. Mar. I. Code section 5951 et seq. (2007), 5 N. Mar. I. Admin. Code section 5-40.3-240(g) (2009); • Retiree Investor Entry Permit, 4 N. Mar. I. Code section 50101 et seq., 5 N. Mar. I. Admin. Code section 5-40.3-240(o) (2009); and • Long-Term Business Entry Permit, 4 N. Mar. I. Code section 5941 et seq., 5 N. Mar. I. Admin. Code section 5-40.3-240(n) (2009). Foreign investors may also obtain short-term or regular-term business Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946940 entry permits, may be authorized to enter the CNMI under its permit waiver program, or may invest without entering the CNMI. The CNMI currently has a Foreign Investor Entry Permit available for an indefinite period of time to individuals who submit evidence of good moral character and who meet all of the requirements for the foreign investment certificate. These foreign investors must maintain an investment of at least $250,000 by an individual in a single investment or $100,000 per person in an aggregate investment exceeding $2 million. CNMI regulations for foreign investors also require a $100,000 security deposit. See 4 N. Mar. I. Code section 5951 et seq.; see also 5 N. Mar. I. Admin. Code section 5-40.3-240(g) (2009). The CNMI also offers a Retiree Investor Entry Permit requiring a minimum investment of $100,000 in residential property on Saipan or $75,000 on the islands of Tinian or Rota by an applicant 55 years or older. Previously, the CNMI issued a different Retiree Investor Entry Permit to foreign investors over the age of 55 years; the previous certificate was issued for an unlimited term if the investor had invested and maintained a minimum of $150,000 in an approved residence to live in the CNMI. The CNMI also has a Two-Year Foreign Retirees Investment Certification that is limited to Japanese nationals only, which allows retirees over the age of 55 years to live in the CNMI for a period not to exceed two years, during which each applicant makes a minimum investment in a residence equivalent to $1,500 in monthly lease or rent. This certificate is not renewable. See 4 N. Mar. I. Code 50101 et seq. In addition, the CNMI's Long-Term Business Entry Permit for holders of long-term business certificates is valid for two years and requires an investment of at least $150,000 in a public organization or at least $250,000 in a private investment. Each applicant alien also must provide the CNMI with a security deposit of $25,000. See 4 N. Mar. I. Code section 5941 et seq., see also 5 N. Mar. I. Admin. Code section 5-40.3-240(n) (2009) Under U.S. immigration law, foreign investors may enter the United States as nonimmigrants within the treaty investor classification with an “E-2” visa, or may change to E-2 treaty investor nonimmigrant status from within the United States. See INA sec. 101(a)(15)(E)(ii), 8 U.S.C. 1101(a)(15)(E)(ii); see also 8 CFR 214.2(e). To qualify for E-2 treaty investor status, treaty investors must invest a substantial amount of capital in a bona fide enterprise in the United States, must be seeking entry solely to develop and direct the enterprise, and must intend to depart the United States when their treaty investor status ends. Treaty investors must be nationals of a country with which the United States has a treaty of friendship, commerce, or navigation and must be entering the United States pursuant to treaty provisions. This rule proposes to establish procedures for foreign investors in the CNMI to obtain nonimmigrant status within the E-2 treaty investor classification, in accordance with the CNRA. USCIS refers to this special group of E-2 treaty investors as “E-2 CNMI Investors.” With E-2 CNMI Investor nonimmigrant status, eligible CNMI investors would be able to remain in the CNMI for the duration of the transition period as investors under E-2 CNMI status, and to exit and enter the CNMI with valid E-2 CNMI Investor visas. The proposed rule is intended to provide a smooth transition for existing CNMI investors and to mitigate potential adverse consequences to the CNMI economy if the current investments could not be maintained as a basis for immigration status during the transition period because of the different provisions of the INA. At the end of the transition period, E-2 CNMI Investors and qualifying spouses and children must qualify for and obtain an appropriate immigrant or nonimmigrant status under the INA in order to remain in the CNMI or to enter the CNMI after a departure. III. Proposed E-2 CNMI Investor Program A. Eligibility Requirements The proposed rule incorporates into DHS's immigration regulations the statutory eligibility requirements for E-2 CNMI Investor nonimmigrant status. See proposed 8 CFR 214.2(e)(23)(i). In order to be eligible for E-2 CNMI Investor nonimmigrant status, USCIS proposes to require that an alien must: • Have been admitted to the CNMI in “long term investor” status before the transition program effective date; • Have continuously maintained residence in long term investor status; • Maintain an investment or investments forming the basis for such long term investment status; and • Be otherwise admissible to the United States under the INA. 1. CNMI Admission To qualify for E-2 CNMI Investor status, an alien must have been lawfully admitted to the CNMI under one of the eligible CNMI long-term investor classifications before the transition program effective date, now November 28, 2009. This proposed rule would not require the status to have been granted before the enactment date of the CNRA (May 8, 2008), but does provide that the eligible CNMI long-term investor classifications shall be only those in effect as of May 8, 2008. Such a limitation is necessary to create a practicable baseline for this rule that conforms with Congress' intent to provide an orderly transition period. It must be noted that the CNMI re-codified its regulations regarding immigration effective on January 1, 2009, but the substantive classifications based upon investment generally remained the same as those in effect as of May 8, 2008. See 5 N. Mar. I. Admin. Code section 5-40.0 et seq. (2009); see also 20 N. Mar. I. Admin Code section 20-30.2 et seq. ; 4 N. Mar. I. Code section 5941 et seq. ; 4 N. Mar. I. Code section 5951 et seq. ; 4 N. Mar. I. Code section 50101 et seq. Aliens who have not been admitted as eligible CNMI investors prior to the beginning of the transition period are not eligible for classification as E-2 CNMI Investors. Aliens who have investor applications pending with the CNMI as of the transition program effective date, or who have approved investor applications but have not been admitted to the CNMI as of the transition program effective date, will not be eligible for E-2 CNMI Investor status. 2. Continuous Maintenance of Residence in the CNMI This rule proposes to define continuous maintenance of residence in the CNMI to mean residence in the CNMI from the date that an alien obtained his or her CNMI status through the future date on which USCIS grants the new E-2 CNMI Investor status. However, continuous residence does not mean continuous physical presence; thus, an alien would not need to have remained in the CNMI for the entire period in order to be deemed to have maintained continuous residence. “Residence” is defined by section 101(a)(33) of the INA (8 U.S.C. 1101(a)(33)) as “the place of general abode; the place of general abode of a person means his or her principal actual dwelling place in fact, without regard to intent.” This statutory definition is incorporated into DHS's immigration regulations by 8 CFR 1.1(a). The proposed rule provides that an alien must have been physically present in the CNMI during at least half the time for which continuous residence is Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946941 required. In addition, any single absence of over one year will break continuity of residence, as will any single absence of more than six months, unless the subject alien is able to demonstrate that he or she did not abandon his or her residence by such absence. See, e.g., 8 CFR section 316.5(c). 3. Maintenance of Investment in the CNMI To establish that an alien is maintaining the investment or investments that formed the basis for admission to the CNMI, the proposed rule would require each subject alien to provide specific evidence demonstrating that the investor is in compliance with the terms upon which the CNMI investor certificate was issued. All documentation previously submitted in each investor application to the CNMI government should also be submitted as part of E-2 CNMI petitions to USCIS. The rule proposes to require the following documentary evidence for submission with each E-2 CNMI Investor application, as applicable: • Evidence that the applicant has invested capital in the CNMI. Such evidence may include bank statements showing amounts deposited in CNMI business accounts, invoices, receipts or contracts for assets purchased, stock purchase transaction records, loan or other borrowing agreements, land leases, financial statements, business gross tax receipts, and any other agreements supporting the application. • Evidence that the applicant has invested the minimum amount required. Such evidence may include evidence of assets that have been purchased for use in the enterprise, evidence of property transferred from abroad for use in the enterprise, evidence of monies transferred or committed to be transferred to the new or existing enterprise in exchange for shares of stock, any loan or mortgage, promissory note, security agreement or other evidence of borrowing which is secured by assets of the applicant. • A comprehensive business plan for each new enterprise. • Articles of incorporation, by-laws, partnership agreements, joint venture agreements, corporate minutes and annual reports, affidavits, declarations or certifications of paid-in capital. • Current business licenses. • Foreign business registration records, recent tax returns of any kind, and evidence of other sources of capital. • A listing of all resident and nonresident employees. • A listing of all holders of business certificates for the business establishment. • A listing of all corporations in which the applicant has a controlling interest. • For the holder of a Certificate of Foreign Investment, copies of annual reports of investment activities in the CNMI showing whether the certificate holder is under continuing compliance with the standards of issuance. Each report must be accompanied by an annual financial audit report performed by an independent certified public accountant. • For Retiree Investors:—Proof that the alien applicant has an interest in property in the CNMI and the value of that property interest. Proof of the value of the property could be supported by a lease agreement for the property or an appraisal of the value of the property.
—Proof of the value of the improvements to the property, such as receipts or invoices regarding the costs of construction or the amount paid for a preexisting structure, or an appraisal of a structure.
—Any other evidence supporting proof of investment in a residence and the value of the property interest.
4. Categories of CNMI Foreign Investors After consideration of CNMI law and consultation with the CNMI government, DHS is proposing to limit eligibility for E-2 CNMI Investor status to the following categories of long-term foreign investors in the CNMI. • Long-Term business investor. An alien who has been lawfully admitted to the CNMI under a Long-Term Business Entry Permit and has been issued a Long-Term Business Certificate by CNMI for a period of two years on the basis of the alien's $150,000 (minimum) investment in the CNMI. • Foreign investor. An alien who has been lawfully admitted to the CNMI as a Foreign Investor with a Foreign Investment Certificate on the basis of the alien's investment of either $100,000 (minimum) per individual in an aggregate investment in excess of $2,000,000, or $250,000 (minimum) in a single investment. • Retiree investor. An alien who has been lawfully admitted to the CNMI on the basis of one of the following Foreign Retirees Investment Certificates issued by the CNMI:— Foreign Retirees Investment Certification. This certificate is issued to an alien retiree over the age of 55 years who has an interest in a residential property either (1) on Saipan in which the alien has invested a minimum of $100,000, or (2) on Tinian or Rota in which the alien has invested a minimum of $75,000.
— Foreign Retiree Investment Certificate. This certificate was issued to an alien retiree over the age of 55 years who had invested and maintained a minimum of $150,000 in an approved residence to live in the CNMI.
In creating the E-2 CNMI Investor status, the CNRA refers to admission in “long-term investor” status under the laws of the CNMI, but does not define the term. See section 6(c)(1) of the Covenant Act. The admission categories under CNMI law that could potentially be referenced by the CNRA include the three categories listed above (Long-Term Business Investor, Foreign Investor, and Retiree Investor), a sub-category of the Retiree Investor specifically limited to Japanese retirees, discussed below, and Short- and Regular-Term Business Entry Permits. In order to meaningfully construe both “long-term” and “investor,” only CNMI categories that mandated a fixed minimum threshold amount of investment and are renewable over a period of multiple years were considered to be “long-term investor” statuses. While the Retiree Investor category may not meet the current regulatory definition of investment for E-2 purposes (at 8 CFR 214.2(e)(12)), DHS believes that the Retiree Investor category falls within the meaning of “long-term investor” as it is used in the CNRA. USCIS understands that land ownership limitations in the CNMI generally prohibit alien ownership of real property, and that the maximum term of an interest in real property is a 55-year lease. For this reason, and consistent with the intent of sections 701(b) and sections 702(6)(c) and (6)(d) of the CNRA, USCIS has determined that a lease of residential property, which normally would not be considered “investment,” may serve as the basis for E-2 CNMI Investor status as long as the qualifying investment amount under CNMI law has been placed in the property through an upfront commitment to a long-term lease or improvements to the property. Therefore, USCIS has included this category in the proposed rule. Additionally, including the Retiree Investor is consistent with USCIS' objective to provide a smooth transition for current CNMI investors and to mitigate potential economic harm to the CNMI. USCIS finds that CNMI status obtained through the two-year program for Japanese retirees requiring only monthly rental payments does not reasonably meet the statutory requirement of long-term investment Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946942 with respect either to its length, as the permit is non-renewable, or the character of the investment, and is thus not included in the E-2 CNMI Investor program proposed by this rule. USCIS notes that either the visa waiver program or B-1/B-2 visas may be available to such Japanese retirees. Aliens lawfully admitted to the CNMI under any other categories, including the Short-Term Business Entry Permit or the Regular-Term Business Entry Permit are not included in this proposed rule as eligible to apply for E-2 CNMI Investor status. Aliens lawfully admitted under the Short-Term Business Entry Permit or the Regular-Term Business Entry Permit categories are not included because such permits are not long-term, nor do they require investments. These aliens, however, would be eligible to apply for other nonimmigrant classifications, such as the B-1 business visitor classification. B. Application Procedures In keeping with the language of the CNRA, which discusses an alien's application for a nonimmigrant investor visa, the rule proposes to require that those CNMI long-term investors seeking E-2 CNMI Investor status file applications requesting such status with USCIS, and pay the appropriate fees to USCIS, in accordance with instructions on the application form. USCIS will designate the form as Form I-129, “Petitioner for a Nonimmigrant Worker,” with Supplement E as the application form for requesting E-2 CNMI Investor status. The current fee for Form I-129 is $320. 1. Application Period This rule proposes a limited application period. Applicants would be required to apply for E-2 CNMI Investor status either: (1) Before the start of the transition period; or (2) within the first two years following the start of the transition period. Therefore, USCIS would reject an application filed after the two-year period. Note, that while the rule would permit applications to be filed before the transition program effective date, USCIS would not be permitted to grant E-2 CNMI Investor status before that date. However, if USCIS completes its adjudication of an early-filed application prior to the transition program effective date, a consulate would be able to issue an E-2 CNMI Investor visa so that the subject alien would be able to seek admission to the CNMI as an E-2 CNMI Investor on or after the transition program effective date. 2. Physical Presence Because E-2 CNMI Investor nonimmigrant status is a CNMI-only status, the rule proposes that each alien must be present in the CNMI or outside the United States at the time his or her application is filed with USCIS. Upon approval, an alien outside the CNMI would need to obtain an E-2 CNMI Investor nonimmigrant visa at a United States consulate abroad to be admitted to the CNMI as an E-2 CNMI Investor on or after the transition program effective date. 3. Fee Waiver Waiver of the current $320 fee for filing Form I-129 is normally not permitted under the applicable regulations at 8 CFR 103.7. In recognition of adverse economic conditions in the CNMI as compared to many other U.S. places, and because of the inclusion of some retirees in this new nonimmigrant category and the likely participation by a number of proprietors of small businesses with CNMI Long-Term Business Entry Permits, the proposed rule permits waiver of the fee in cases where the subject alien is able to substantiate that he or she is unable to pay the prescribed fee, under the standards provided in 8 CFR 103.7(c)(1). Currently there is no fee-waiver provision for Form I-129 and this rule is proposing a specific waiver provision limited to investors under this rule. See proposed 8 CFR 103.7(c)(5)(iv). While such a provision may seem inconsistent with a benefit based upon a monetary investment, the CNMI E-2 Investor program proposed in this rule differs from the current E-2 program in that retiree investors are eligible. The waiver provision is limited to those who can make a showing of inability to pay. USCIS believes that some CNMI E-2 Investor eligible retiree investors may have invested the majority of their savings in their investment residences, may be living on fixed incomes, and may qualify for waivers. Applicants in the CNMI will also have to submit the $80 biometric service fee; this fee is waivable for inability to pay under current USCIS regulations. See 8 CFR 103.7(b)(1) (discussing the current biometric service fee); proposed 8 CFR 214.2(e)(23)(viii) (discussing ability to seek waiver of biometric service fee). 4. Discretionary Benefit and Appeal Rights Adjudication of the application for E-2 CNMI Investor nonimmigrant status is a discretionary determination by USCIS. USCIS may deny an application for failure of the applicant to demonstrate eligibility or for other good cause. As with other adjudications of Form I-129, denial of an E-2 CNMI Investor application may be appealed to the USCIS Administrative Appeals Office for agency review of the denial. 5. Spouses and Children USCIS proposes to extend E-2 CNMI Investor status to the spouse and children of each principal E-2 CNMI Investor if they accompany or follow-to-join the principal alien. The nationality of these dependents would not be material to their classification as dependents of E-2 CNMI Investors. Such spouse and dependents, however, must be otherwise admissible to the United States under the INA to qualify for the status. The rule proposes to require that those CNMI long-term investors seeking E-2 CNMI Investor status file applications requesting such status with USCIS in accordance with instructions on the application form. See proposed 8 CFR 214.2(e)(23)(v). In accordance with instructions on the application form, E-2 CNMI investors whose spouses and children seek to accompany or follow-to-join him or her will utilize Form I-539, “Application to Extend/Change Nonimmigrant Status” as the application form for requesting E-2 CNMI Investor status for dependants. The current fee for Form I-539 is $300. C. Work Authorization The proposed rule would amend 8 CFR 214.2(e) and 274a.12 to provide for the work authorization of certain E-2 CNMI Investors and their spouses. Work authorization is not permitted for children of E-2 CNMI Investors. The E-2 CNMI Investor is authorized to work for a specific employer incident to status to the extent that such work authorization is for a qualifying entity that was the basis for the long-term investor status under CNMI law upon which the grant of E-2 CNMI Investor status is based. For example, an authorized investment in a business operated by the investor in the CNMI under a Long-Term Business Permit granted prior to the transition program effective date will permit the investor to operate that business as an E-2 CNMI Investor. E-2 CNMI Investors obtaining status under a Retiree Investment Permit are not work-authorized, since, by definition, coming to the CNMI as a “retiree” is inconsistent with obtaining employment there. After each spouse of E-2 CNMI Investors lawfully obtains E-2 CNMI Investor status, and upon lawful admission to the CNMI, each spouse may request employment authorization by filing Form I-765, Application for Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946943 Employment Authorization, with USCIS. However, spouses of E-2 CNMI Investors who obtained that status as retirees are not eligible for work authorization, for the reason stated above. This is consistent with the level of benefits currently afforded under CNMI law, as neither retiree investors nor their spouses are permitted to work. Employment authorization is inconsistent with being a “retiree”. DHS understands that the spouse of a retiree may not in all cases also be a retiree, but notes that retiree spouses may qualify for transition worker or other specific work-authorized statuses if eligible. However, DHS specifically invites comments on whether work authorization should be permitted for spouses of retiree investors. All E-2 CNMI Investor principal and spousal employment authorization is expressly limited to employment in the CNMI. D. Changes in the Terms and Conditions of E-2 CNMI Investor Status If there are any substantive changes to aliens' compliance with the terms and conditions of qualification for E-2 CNMI Investor status, the rule proposes to require those aliens to file with USCIS new copies of Form I-129 and Supplement E with respect to the changes. An unauthorized change of employment to a new employer would constitute a failure to maintain status within the meaning of section 237(a)(1)(C)(i) of the INA, 8 U.S.C. 1227(a)(1)(C)(i). E. Period of Admission This rule proposes to provide an initial admission period of two years for aliens with E-2 CNMI Investor status. The spouse and minor children accompanying or following-to-join an E-2 CNMI Investor would be admitted for the same period that the principal alien is in valid E-2 CNMI Investor status. If an E-2 CNMI Investor temporarily departs the CNMI, the derivative status of the dependent spouse and children would not be affected, provided that the familial relationship continues to exist and the principal remains eligible for admission as an E-2 CNMI Investor. F. Extensions of Stay This proposed rule provides for extensions of E-2 CNMI Investor status, until the end of the transition period, in two-year increments, which is the same increment permitted for non-CNMI E-2 nonimmigrants. To apply for an extension of stay, each E-2 CNMI Investor would be required to file with USCIS a new Form I-129 and Supplement E with the required evidence and fee. To qualify for an extension of stay, each E-2 CNMI Investor would be required to demonstrate that he or she: (i) Continuously maintained the terms and conditions of E-2 CNMI Investor status; (ii) Was physically present in the CNMI at the time of filing the application for extension of stay; and (iii) Did not abandon the request for extension of stay. G. Travel E-2 status provided to long-term CNMI investors is a “CNMI-only nonimmigrant” status. See section 6(c)(1) of the Covenant Act, as added by section 702 of the CNRA. Consistent with this provision, the proposed rule provides that a grant of E-2 CNMI investor status is a grant of status valid within the CNMI only, and not within the United States as a whole. It does not authorize admission or travel to Guam or to any other part of the United States. However, it does not bar such travel if the alien is otherwise authorized and admissible to the United States in another status. For example, an E-2 CNMI Investor who wishes to make a tourist or business visit to Guam or another part of the United States (including but not limited to transit through the Guam airport) may do so if he or she has a B nonimmigrant visa or is eligible under an applicable visa waiver program. However, the alien may not do so based upon the current E-2 CNMI Investor status, or based upon any E-2 CNMI Investor visa. The proposed rule provides that travel or attempted travel from the CNMI to another part of the United States without the appropriate visa or other authorization, or violation of the terms applicable to the authorized status, would constitute violation of the E-2 CNMI Investor status. For example, if an E-2 CNMI Investor were identified by U.S. Customs and Border Protection as seeking to board a plane in Saipan for Guam, and the alien lacked a B nonimmigrant visa or other visa (or eligibility for a visa waiver) that would authorize the alien to have traveled from a foreign place to Guam and to be admitted there, then the alien would have failed to comply with the conditions of the E-2 CNMI Investor status and would be deportable from the CNMI or any other U.S. location under section 237(a)(1)(C) of the INA, 8 U.S.C. 1227(a)(1)(C). With respect to travel from the CNMI to a foreign place and return to the CNMI, if an E-2 CNMI Investor obtained his or her status from USCIS in the CNMI, he or she would need to obtain an E-2 CNMI Investor visa from a U.S. embassy or consulate in order to be readmitted to the CNMI, regardless of nationality. USCIS approval of E-2 CNMI Investor status provides status while present in the CNMI, but does not preclude the requirement of a visa for admission to the CNMI. H. Change of Status to E-2 CNMI Investor Status This rule proposes to permit aliens eligible for E-2 CNMI investor status on the transition program effective date, but who obtain other valid nonimmigrant visa statuses, to apply to change to E-2 CNMI Investor status by filing Form I-129 and Supplement E in accordance with the current regulations at 8 CFR 214.2(e)(21). However, applications for this change in status would have to be filed within the two-year filing period for obtaining initial grants of E-2 CNMI Investor status. Note that during the transition period, E-2 CNMI Investors may apply for changes of status to any other nonimmigrant or immigrant visa classifications for which they may qualify. I. Post-Transition Period As previously discussed, E-2 CNMI Investors may maintain status and apply for subsequent extensions of this status until the end of the transition period. After the transition period, however, the E-2 CNMI Investor classification will cease to exist. Absent delay, the transition period will end on December 31, 2014. Although the Secretary of Labor is authorized under section 702 of the CNRA to extend the transition provisions relating to temporary workers in additional increments of up to five years each, this authority is limited to extension of those provisions relating to temporary workers and not the investor provisions. Therefore, the investor provisions will terminate on December 31, 2014, regardless of whether the temporary worker provisions are extended. IV. Regulatory Requirements A. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule, with its impact limited to addressing eligible aliens currently in one of the CNMI long term investor classifications, will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946944 investment, productivity, innovation, or on the ability of U.S.-based companies to compete with foreign-based companies in domestic and export markets. B. Executive Order 12866 In accordance with Executive Order 12866, USCIS is required to prepare an assessment of the benefits and costs anticipated to occur as a result of this regulatory action and to provide the assessment to the Executive Office of the President, Office of Management and Budget, Office of Information and Regulatory Affairs. The analysis below is the DHS Economic Analysis as required by the Executive Order. (1) Background The CNMI lies north of Guam, between the Philippines and Japan. S. Rep. No. 110-324, at 2 (2008). The United States captured the islands of the CNMI in World War II and they became a district of the U.S.-administered United Nations Trust Territory of the Pacific Islands. Id. Under the Covenant through which the CNMI joined the United States in 1976, the CNMI was exempted from most provisions of U.S. immigration laws and allowed to control its own immigration; however, the Covenant gave the U.S. Congress the authority to modify that arrangement through Federal legislation. Id. The United States enacted the CNRA amending the level of control the CNMI would have over its immigration system to more closely harmonize it with the laws and procedures applicable to other U.S. jurisdictions, particularly those designed to ensure that border control, national security, and homeland security issues are properly addressed. See CNRA Section 701. (2) Changes Made in This Rule In order to reduce the opportunity for fraud and to improve homeland security, USCIS is proposing in this rule that foreign investors who wish to reside in the CNMI must reapply every two years using USCIS Form-129, Petition for a Nonimmigrant Worker. Requiring renewal every two years will help USCIS make sure investors have maintained their eligibility, update their biometrics, or allow USCIS to advise them whether they are potentially eligible for another program under the INA that will allow them to stay in legal nonimmigrant status after the end of the transition program, currently December 31, 2014. The CNRA generally extends Federal control of immigration in the CNMI to combat fraud and abuse, and the requirement for renewal within this period is consistent with current practice for non-CNMI E-2 treaty investor non-immigrants. However, USCIS is aware of and sensitive to the potential economic impact of new Federal immigration requirements on the CNMI economy, and this rule's proposed requirements have been developed with that in mind. According to an economic study performed by the Northern Marianas College, employment grew in the CNMI by 12.7 percent annually between 1980 and 1995, because of expansion of the garment and tourism sectors. 2 During that time, the garment and tourism industries accounted for 85 percent of the CNMI economy. 3 Recently, economic conditions have changed dramatically for these two CNMI industries. Due to changes in trade agreements, the value of CNMI textile exports to the United States dropped from $1.1 billion in 1998 to $317 million in 2007. The number of licensed apparel manufacturers dropped from 34 to 3 in 2008. 4 The remaining three garment factories have closed or suspended their operations in early 2009. 5 The CNMI tourism industry also has been in decline in recent years. The terrorist attacks on the United States on September 11, 2001, the Severe Acute Respiratory Syndrome (SARS) epidemic which began in Asia in 2003 and led to the death of 774 worldwide, the downturn in many Asian economies, changes in airline service, and other concerns have reduced the number of tourists traveling to the CNMI from 736,117 in 1996 to 389,345 in 2007. 6 Because of the decline of the CNMI economy, USCIS has sought to minimize the impact of any additional visa requirements, while recognizing that Federal oversight of CNMI immigration is necessary to reduce fraud and ensure U.S. homeland security. 2 Northern Marianas College, Business Development Center, An Economic Study of the Commonwealth of the Northern Mariana Islands (Saipan, MP: Northern Marianas College 1999). 3 Ibid. 4 CNMI Comprehensive Economic Development Strategic Plan 2009-2014. CNMI CEDS Commission Updated 1/29/09. 5 See, Walt F. J. Goodridge, “The Last Garment Factory is Closing,” Saipan Times, January 14, 2009, http://www.saipantribune.com/newsstory.aspx?cat=3&newsID=86872. 6 United States Government Accountability Office, Commonwealth of the Northern Mariana Islands Managing Economic Impact of Applying U.S. Immigration Law Requires Coordinated Federal Decisions and Additional Data (July 2008). (3) Alternatives Considered USCIS considered a narrow construction for implementation of the CNMI-only nonimmigrant investor visa as required by section (6)(c) of the Covenant Act, as added by section 702 of the CNRA. Possible constructions would have limited the categories of investors under current CNMI law who would be permitted to become CNMI E-2 Investors. Possible constructions analyzed included limiting which investor-based categories under current CNMI law would be permitted to become CNMI E-2 Investors. Specifically, DHS discussed options wherein only CNMI perpetual foreign investors would be permitted, as well as options wherein only long-term business permit holders or a combination of only perpetual foreign investors and long-term business permit holders would be permitted. However, in light of the potential adverse economic impact of such limitations and the goal of limiting adverse economic impact on the CNMI, such limiting options were not chosen. USCIS chose the broadest interpretation possible, whereby long-term business permit holders, foreign investors and retiree investors (other than investors under a short-term program not believed to qualify under the CNRA) would be eligible for CNMI E-2 Investor status, because it believes such an interpretation is most in keeping with the mandate to limit adverse economic impact. (4) The Total Cost of This Regulation (a) Fees This proposed regulation will require all foreign investors wishing to remain in the CNMI to reapply for investor registration every two years using USCIS Form I-129, Petition for a Non-Immigrant Worker. The application fee for this form is $320. Additionally, this rule will require CNMI investors to provide their biometrics and imposes an additional $80 biometrics fee. Thus, the total fees for each initial and biennial registration are $400 ($320 + $80). Fee waivers for inability to pay are available. (b) Paperwork Burden It takes approximately 2.75 hours to complete the Form I-129, according to the instructions to the form. Since most of the respondents under this rule will be business investors, their average hourly costs will be much higher than the average hourly costs of the average salaried worker. Thus, for the purpose of this analysis, USCIS based hourly costs on the average hourly salary for “chief executives” from the Department of Labor's May 2007 National Occupational Employment and Wage Estimates to determine the cost associated with the hours necessary to Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946945 complete the Form I-129. The hourly wage for chief executives is $72.77. If we multiply $72.77 by 1.4 to account for fringe benefits, the hourly cost is $101.88. Multiplying $101.88 by the 2.75 hours required to fill out the I-129 results in paperwork burden cost per form of $280.16. However, because of generally lower wage levels in the CNMI and because some CNMI investors are retirees, this is a maximum cost estimate and the likely actual cost is lower. Additionally, if a foreign investor wishes to bring along his or her family they will have to complete Form I-539, Application to Extend/Change Status. The application fee for this form is $300 and this form takes approximately 45 minutes to complete according to the form instructions. If the foreign investor fills out this form himself, the paperwork cost to complete this form is $101.88 × .75, or $76.41 per investor. (c) Cost per Foreign Investor Adding the estimated paperwork burden cost for completing Form I-129 of $280 to the $400 application and biometrics fee, the total cost for each CNMI foreign investor to submit the I-129 as required under this rule every two years is $680. Since re-registration is only required every other year, annual costs are $340 per year ($680/2). In addition, the $76 paperwork cost of completing the I-539 plus the $300 application fee costs a total of $376. Form I-539 is a one time only application. So the first year cost for foreign investors to complete and submit the two forms combined is $716 ($340 + $376). Each additional year is only $340. Currently foreign investors are charged $1,000 every two years or $500 per year by the CNMI government. CNMI fee setting methodology is unknown to USCIS. For this analysis it is assumed that the CNMI fees resemble U.S. Government agency service and user fees in that they are set at the amount necessary to recover costs in accordance with Office of Management and Budget guidance, and are not intended to generate a profit. Thus, while fees collected by the CNMI for the foreign investor program will no longer be collected by the CNMI Government, the cost of administering that program will not be incurred, resulting in a neutral financial effect. To the extent that the CNMI government used such fees to raise revenue, such excess will be lost as a result of this rule. Additionally, spouses and children who wish to receive the same status as their foreign investor spouse or parent may be required to provide biometrics at a cost of $80 per person. According to a recent GAO report the average family in the Marianas Islands includes 2 children. 7 However, biometrics are only required for children between the ages of 14 and 21. Therefore, for purposes of analysis, we assume that each foreign investor's family will be required to provide biometric fees for one spouse and only one child for an additional cost of $160. This will be required only every other year for an average annual cost of $80 ($160/2). Adding this cost to the above fees will lead to a cost per investor family of $796 in the first year ($340 + $376 + $80) and $420 in the second year ($340 + $80) and every subsequent year until the end of the transition period. Once the Federal regulations are in place the CNMI government will no longer charge the $1,000 fee they have been charging foreign investors every two years as foreign investors will now be subject to the Federal regulations. Therefore, this rule will raise the foreign investor's annual cost by $296 in the first year ($796—$500), but reduce the cost in second and future years until the end of the transition period in 2014 by $80 ($500—$420). 8 7 GAO-08-791 Commonwealth of the Northern Mariana Islands, Managing Potential Impact of Applying U.S. Immigration Law requires Coordinated Federal Decisions and Additional Data, August 2008. 8 This estimate considers the added time burden costs of the new USCIS paperwork but includes no similar cost savings from eliminating the paperwork burden associated with the CNMI's current program. Thus actual costs savings are likely to be greater than estimated here. The above annual cost estimates represent the costs for those investors with a spouse and one child between the ages of 14 and 21. For those investors with a spouse and more than 1 child between the ages of 14 and 21 these cost estimates may be too low. For those investors, particularly those who are retired, these estimates may be too high. Lack of data on foreign investors does not allow us to further refine our estimates. (5) Number of Filings Expected USCIS projects that most foreign investors plan to re-register their status Although a small number of foreign investors may be found ineligible, USCIS lacks data on the basis of which to estimate to what extent that may occur. USCIS therefore is soliciting comments on the subject along with any supporting material, data, or calculations that support the estimated rejection rate so that we may consider this information and place it in the public docket for this rulemaking. Additionally, given the decline in the textile and tourist businesses in the CNMI as discussed earlier, even the small fee imposed by this rule may lead some foreign investors not to re-register. Since data on which to base a reliable estimate of the numbers of foreign investors who may choose not to re-register are lacking, USCIS is interested in comments containing information concerning the likelihood of re-registration. In 2006-2007, there were 464 long-term business entry permit holders and 20 foreign investor entry permit holders and retiree investor permit holders, totaling 484, or approximately 500 foreign registered investors. In its recent report, the GAO estimates that the number of long-term business and perpetual foreign investor entry permits active and valid in 2008 were 506. In another measure, the GAO suggests that 448 businesses were associated with long-term business entry permits and 56 additional perpetual foreign entry permits were associated with 30 businesses. 9 This analysis assumes that 500 foreign investors would be affected because of the constantly changing economic environment in CNMI. The first year costs, as discussed above, would be an additional $296 per investor for a total first year cost of $148,000 ($296 × 500) for all CNMI foreign investors. The additional transition years will see a savings of $80 per investor or a total foreign investor savings of $40,000 ($80 × 500 = $40,000) per year until 2014. 9 GAO, GAO-08-791, Commonwealth of the Northern Mariana Islands, Managing Potential Economic Impact of Applying U.S. Immigration Law Required Coordinated Federal Decisions and Additional Data, August 2008. Foreign investors who travel to and from CNMI will now be required to have visas. USCIS, however, is not requiring foreign investors who travel to the United States to have visas in this rule, as that requirement will exist irrespective of this rule. Thus the costs to obtain a visa are not a cost of this rule but rather the cost of the CNRA, and the CNMI adopting the INA. (6) The Cost to the Federal Government There are no additional costs to the Federal Government as USCIS is a generally a fee funded agency. USCIS will recoup its costs through the collection of Form I-129 and Form I-539 fees. (7) Effects after 2014 (a) The CNRA and This Rule The CNRA was intended to ensure effective border control procedures and to properly address national security and homeland security concerns by Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946946 extending U.S. immigration law to the CNMI, and to maximize the CNMI's potential for future economic and business growth under U.S. immigration law. This rule proposes temporary regulatory provisions to transition the CNMI to the INA and to mitigate harm to the CNMI economy before investors in the CNMI are required to obtain U.S. immigrant or nonimmigrant visa classifications. The CNMI investor program proposed in this rule will last until the end of the transition program, currently December 31, 2014, at which time, the CNMI E-2 Investor must apply and be approved for another immigrant or nonimmigrant status under the INA. It is assumed that the data provided by the CNMI and other interested parties, gathered by Congress, and considered in development and passage of the CNRA showed significant differences in the non-immigrant visa programs under the INA and the visa and certificate programs offered by the CNMI. Current foreign workers and investors in the CNMI would mostly not be eligible for a status under the INA, or else legislation of a transition period and temporary mitigating regulations as proposed under this rule would be unnecessary. Thus, while one stated goal of the CNRA is the economic and business growth of the CNMI, by providing a mitigating transition program, the legislation implies that goal will require at least 5 years to be achieved. This rule will operate during that time. (b) Effect on Investors This rule links investment levels to those required for CNMI status for a long-term business investor at $150,000; a perpetual foreign investor at $100,000, in an aggregate approved investment in excess of $2,000,000, or a minimum of $250,000 in a single investment; and, a retiree investor at $100,000 in Saipan, $75,000 in Tinian or Rota, or $150,000 elsewhere in the CNMI. To qualify as a U.S E-2 treaty investor with nonimmigrant status, the applicant must invest a substantial amount of capital in a bona fide enterprise in the United States, must be seeking entry solely to develop and direct the enterprise, and must intend to depart the United States when their treaty investor status ends. Next, the treaty investor must be a national of a country with which the United States has a treaty of friendship, commerce, or navigation and must be entering the United States pursuant to treaty provisions. USCIS has not analyzed the data on current CNMI long-term business entry permit holders and foreign investor entry permit holders to determine who would qualify as U.S. E-2 Investors. There is no accurate way to estimate for what other visa or nonimmigrant status the 500 foreign registered investors may qualify. However, a review of the CNMI eligibility criteria and anecdotal evidence indicates that many of them would not meet the minimum financial investment necessary to be eligible for U.S. E-2 status currently. Further, the retiree investor permit holders do not qualify as U.S. E-2 Investors in their current status, notwithstanding that they may have access to or be able to acquire enough capital to invest and qualify. Finally, according to the GAO Report, about 18 percent of foreign investors in the CNMI are from countries with which the United States does not have a treaty of friendship, commerce, or navigation. 10 Thus of the 500 foreign registered investors in the CNMI, many of them will need to spend the transition period making themselves eligible for another status under the INA. Anecdotal evidence indicates that at least a few of the affected investors from countries without treaties of friendship, commerce or navigation with the United States may be eligible for L-1A executive or managerial visas; thus the possibility exists that some of these investors may be able to stay in the CNMI in another status after the end of the transition program, currently December 31, 2014. 11 10 GAO, GAO-08-791, Commonwealth of the Northern Mariana Islands, Managing Potential Economic Impact of Applying U.S. Immigration Law Required Coordinated Federal Decisions and Additional Data, August 2008. 11 See, INA Section 101(a)(15)(L); 8 CFR 214.2(l). (c) Effect on the CNMI Economy USCIS has not analyzed the precise effect of increased or decreased investments in the CNMI. Nevertheless, as indicated before, the differences between the CNMI foreign investor programs before the CNRA takes effect and those available afterward under the INA are certain to change the mix of foreign investors eligible for a new status and maintaining a presence in the CNMI after the end of the transition program, currently December 31, 2014. An immigrant investor program, or immigration through investment, seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment. The presumption is that the investment opportunity coupled with the opportunity to live in the country offering the program offers advantages, or at least appears to offer advantages, to the investor over investments and residence in his or her country of origin. Assuming that these goals are generally achieved, withdrawal of the alien's investment without substitution of a substantially similar investment, would, at the least, end what positive results had been started, and, at the worst, have the reverse effect and retard growth, sales, productivity, jobs, and investment. Thus, if a substantial number of the 500 foreign investors in the CNMI are required to leave, liquidate their investments, and their investments are not replaced by another equal or greater investment, then it will likely have a negative impact on the CNMI economy. This rule is intended to mitigate that impact. (8) Benefits CNMI administration of an immigration system outside U.S. immigration law has led to an abuse of the visa system in the CNMI. S. Rep. No. 110-324, at 3 (2008). Given this abuse, there are concerns not only for the well-being of foreign employees working in the CNMI, but also for the potential abuse of the visa system by those seeking to illegally emigrate from the CNMI to Guam or elsewhere in the United States. Id. at 3-5. This reduces the integrity of the U.S. immigration system by increasing the ease by which aliens may unlawfully enter the United States through the CNMI. Federal oversight and regulation of CNMI foreign investors should help reduce abuse by foreign investors in the CNMI, and should help reduce the opportunity for aliens to use the CNMI as an entry point into the United States. Id. at 2, 4-5. Because oversight of immigration by the CNMI government is thought to be less stringent than that of the United States Federal Government, there is presently the opportunity by individuals seeking entrance to the United States to seek admittance to CNMI as an opportunity to gain, in turn, illegal entrance into the United States. By the Federal Government taking over responsibility for immigration enforcement in CNMI, the opportunity for abuse of the CNMI immigration regime for illegal access to the United States is reduced. (9) Conclusion This proposed rule responds to a Congressional mandate that requires the Federal Government to assume responsibility for all immigration to the CNMI by foreign investors, whether temporary or permanent. This proposed rule will implement this mandate and thus contribute to U.S. homeland security. USCIS concludes that the alternative chosen for this proposed rule represents the most cost-effective means Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946947 of implementing its Congressional mandate while having only minimal negative impact on the CNMI economy. Comments are welcome on these conclusions. D. Regulatory Flexibility Act—Initial Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), requires Federal agencies to consider the impact of their regulatory proposals on small entities. 1. Description of and, Where Feasible, an Estimate of the Number of Small Entities to Which the Proposed Rule Will Apply a. Regulated Entities This proposed rule would affect foreign investors in the CNMI. As previously stated, foreign investors can apply for the following CNMI entry permits: foreign investor permits, long-term business permits, and retiree investor permits. b. Number of Small Entities to Which the Proposed Rule Will Apply Data available on the present 464 long-term permit holders reveal that they account for 419 businesses with about 4,592 employees, approximately 11 employees per business. In additional, as discussed above, there are an additional 20 foreign investor entry permit holders and retiree investor permit holders for a total of 484. Since the economic situation in the CNMI is dynamic, this analysis approximates the number of affected businesses at 500 total. Now that the last garment factory in the CNMI has closed, the remaining industries affected by this rule are tourism (lodging and recreation) which are North American Industry Classification System (“NAICS”) codes 72111 and 7139, respectively, miscellaneous manufacturing (NAICS code 339999), and retail sales (NAICS Code 445). According to the Small Business Administration guidelines firms in the accommodation and food services and recreation industries are considered small if they have sales of less than $7 million per year. 12 Miscellaneous manufacturing firms are considered small if they have fewer than 500 employees, and specialty retail food stores are small if they have sales of less than $7 million. The firms affected by this rule have an average of 11 employees, however, USCIS has no data on the average annual sales of those firms. Thus, for the purposes of this analysis, under the requirements of the RFA, USCIS assumes that all of the foreign investor owned businesses in the CNMI affected by this rule are small entities. 12 U. S. Small Business Administration, Table of Small Business Size Standards, Matched to North American Industry Classification System Codes. Viewed April 2, 2009, at http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. According to the 2005 CNMI Household, Income, and Expenditures Survey, there were 35,365 employed workers in the CNMI. Dividing the 4,592 employees who are employed in foreign investor businesses by the total employment of 35,365 shows that approximately 13 percent of the CNMI labor force works directly for foreign investor owned businesses that this proposed rule would require to register. This may constitute a significant percentage of employers in the CNMI, particularly considering current economic trends that show a continued decline in both the garment and tourism industries, which comprise a significant share of the CNMI economy. Therefore, while 500 total petitioners appear to be a small number, 13 percent may be a sufficiently high percentage of workers in the economy to represent a substantial number of small entities in the CNMI. 2. Description of the Projected Reporting, Recordkeeping and Other Compliance Requirements of the Proposed Rule, Including an Estimate of the Classes of Small Entities That Will Be Subject to the Requirement and the Type of Professional Skills Necessary for Preparation of the Report or Record As discussed above, the average petitioner will be required to pay fees of $796 in the first year ($340 for I-129 + $376 for I-539 + $80 for biometrics), $420 in the second ($340 + $80) and subsequent years, and the CNMI government will no longer charge their $1,000 fee every two years. Therefore, this rule will raise the foreign investor's annual cost by $296 per year in the first year ($796-$500), and decline by $80 per year for the remaining years of the transition. USCIS believes that this additional fee in the first year should have little to no impact on the decision of foreign investors to remain in CNMI. However, USCIS welcomes public comments explaining how this conclusion may be in error. a. Paperwork Reduction Act—New Reporting Requirement Foreign investors who wish to reside in the CNMI will have to apply in the first year and reapply every two years using USCIS Form-129, Petition for a Nonimmigrant Worker. This is a new requirement within the meaning of the Paperwork Reduction Act. As stated above, Form I-129 results in paperwork burden cost per form of $280.16. Additionally, a foreign investor who brings along his or her family will have to complete Form I-539, Application to Extend/Change Status. The paperwork cost to complete this form is $76.41. This rule does not require professional skills for the preparation of reports or records. 3. Identification of Federal Rules That May Duplicate, Overlap or Conflict With the Proposed Rule DHS is unaware of any duplicative, overlapping, or conflicting Federal rules. As noted below, DHS seeks comments and information about any such rules, as well as any other State, local, or industry rules or policies that impose similar requirements as those in this proposed rule. 4. Description of Any Significant Alternatives to the Proposed Rule That Accomplish the Stated Objectives of Applicable Statutes and That Minimize Any Significant Economic Impact of the Proposed Rule on Small Entities, Including Alternatives Considered, Such As: (1) Establishment of Differing Compliance or Reporting Requirements or Timetables That Take Into Account the Resources Available to Small Entities; (2) Clarification, Consolidation, or Simplification of Compliance and Reporting Requirements Under the Rule for Such Small Entities; (3) Use of Performance Rather Than Design Standards; (4) Any Exemption From Coverage of the Rule, or Any Part Thereof, for Such Small Entities Throughout the development of the proposed rule DHS has made every effort to gather information regarding the economic impact of the rule's requirements on all operators, including small entities. USCIS considered limiting the categories of investors under current CNMI law who would be permitted to become CNMI E-2 Investors, and limiting which investor-based categories under current CNMI law would be permitted to become CNMI E-2 Investors. However, in light of the goal of limiting adverse economic impact on the CNMI, USCIS chose the broadest interpretation possible, whereby long-term business permit holders, foreign investors and retiree investors (other than investors under a short term program not believed to qualify under the CNRA) would be eligible for CNMI E-2 Investor status, because it believes such an interpretation is most in keeping with Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946948 the mandate to limit adverse economic impact. Since all of the entities affected by this rule are small, this rule provides no different requirements or any exemption from coverage of the rule based on entity size. USCIS welcomes public comment regarding the costs and benefits associated with the proposed rule with respect to how operators, including small entities, can comply with the rule's requirements. It should be noted, however, that small entities may request a waiver of their fees under this rule, if they do not have the ability to pay. 5. Questions for Comment To Assist Regulatory Flexibility Analysis Please provide comment on any or all of the provisions in the proposed rule with regard to: a. The number of small entities to which the proposed rule will apply. b. The economic impact of the provision(s), if any; including: i. The new reporting requirements on CNMI investors, including the time frame for reporting and mechanisms for reporting. ii. Costs to “implement and comply” with the rule including expenditures of time and money for any employee training; attorney, computer programmer, or other professional time; preparing relevant materials; processing materials, including, materials or requests for access to information; and recordkeeping. iii. Any other requirement not mentioned above. c. Costs to implement and comply with this rule including expenditures of time and money for professional time; preparing relevant materials; processing materials, including, materials or requests for access to information; and recordkeeping. As stated above, this rule has a direct impact on about 500 small entities. USCIS believes that most if not all foreign investors will be eligible for re-registration and will choose to re-register to participate in the foreign investor program in the CNMI during the transition period. As indicated above, USCIS believes that the additional costs required by this proposed rule are low enough that the vast majority of foreign investors will not be deterred from re-registering. USCIS welcomes comments from the public on the impact of this proposed rule on the eligibility and capability of foreign investors to re-register in the CNMI and the economic impacts on the CNMI, its inhabitants, and employers. d. Any industry rules or policies that already require compliance with the requirements of the DHS proposed rule. e. Any relevant Federal, State or local rules that may duplicate, overlap or conflict with the proposed rule. In addition, please identify any industry rules or policies that already require compliance with the requirements of the DHS proposed rule. f. Ways in which the rule could be modified to reduce any costs or burdens for small entities consistent with the Immigration and Nationality Act's requirements. g. Whether and how technological developments could reduce the costs of implementing and complying with the rule for small entities or other operators. h. Any information quantifying the economic benefits of: i. Minimizing immigration fraud and protect against abuses. ii. Ensuring that border control, national security, and homeland security issues are properly addressed. iii. Reducing the opportunity for fraud and to improve homeland security. iv. Amending the level of control the CNMI would have over its immigration system to more closely harmonize it with the laws and procedures applicable to other U.S. jurisdictions. v. Any other requirement not mentioned above. E. Executive Order 13132 Executive Order 13132 requires each Federal agency to develop a process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have Federalism implications.” The phrase “policies that have Federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” USCIS has considered the Federalism implications of this proposed rule under the Executive Order. Executive Order 13132 is based upon the role and authorities of “States” under the U.S. Constitution. The CNMI is not a “State” as defined by section 1(b) of Executive Order 13132 to include “the States of the United States of America, individually or collectively, and, where relevant, to State governments, including units of local government and other political subdivisions established by the States.” Therefore, USCIS has determined that no actions are required under Executive Order 13132. USCIS has, however, solicited the input of the CNMI government and other CNMI stakeholders on issues relating to treatment of investors under Public Law 110-229, and encourages further comment on all aspects of the proposed rule. F. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109 Stat. 163 (1995), all Departments are required to submit to the Office of Management and Budget (OMB), for review and approval, any reporting or recordkeeping requirements inherent in a regulatory action. The information collection requirements contained in this rule, Form I-129, Form I-539, and Form I-765 have been previously approved for use by OMB. The OMB control numbers for these collections are 1615-0009, 1615-0003, and 1615-0040 respectively. The evidentiary requirements contained in this proposed rule at 8 CFR 214.2(e)(23)(vi) are not new requirements and are currently contained on the instructions to From I-129. Accordingly, these evidentiary requirements will not add to the burden for completing Form I-129 and Supplement E. However, it is estimated that there will be an increase in the number of filings of Form I-129 and Form I-765. Accordingly, USCIS will prepare the OMB 83-Cs (correction worksheets) for both these forms, and will submit them to OMB once this proposed rule is submitted to OMB as a final rule. List of Subjects 8 CFR Part 103 Administrative practice and procedure, Authority delegations (Government agencies), Freedom of information, Immigration, Privacy, Reporting and recordkeeping requirements, Surety bonds. 8 CFR Part 214 Administrative practice and procedure, Aliens, Employment, Foreign officials, Health professions, Reporting and recordkeeping requirements, Students. 8 CFR Part 274a Administrative practice and procedure, Aliens, Employment, Penalties, Reporting and recordkeeping requirements. Accordingly, chapter I of title 8 of the Code of Federal Regulations is proposed to be amended as follows: PART 103—POWERS AND DUTIES; AVAILABILITY OF RECORDS 1. The authority citation for part 103 continues to read as follows: Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946949 Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq. ), E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2. 2. Section 103.7 is amended by adding paragraph (c)(5)(iv) to read as follows: § 103.7 Fees. * * * * * (c) * * * (5) * * * (iv) Form I-129, only in the case of an alien applying for E-2 CNMI Investor nonimmigrant status under 8 CFR 214.2(e)(23). * * * * * PART 214―NONIMMIGRANT CLASSES 1. The authority citation for part 214 is revised to read as follows: Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat. 1477-1480; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 note, and 1931 note, respectively; Title VII of Pub. L. 110-229; 8 CFR part 2. 2. Section 214.2 is amended by adding a new paragraph (e)(23) to read as follows: § 214.2 Special requirements for admission, extension, and maintenance of status. * * * * * (e) * * * (23) Special procedures for classifying foreign investors in the Commonwealth of the Northern Mariana Islands (CNMI) as E-2 nonimmigrant treaty investors under Title VII of the Consolidated Natural Resources Act of 2008 (Pub. L. 110-229). (i) E-2 CNMI Investor eligibility. During the period ending on the date that is two years after the transition program effective date, an alien may, upon application to the Secretary of Homeland Security, be classified as a CNMI-only nonimmigrant treaty investor (E-2 CNMI Investor) under section 101(a)(15)(E)(ii) of the Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien: (A) Has been lawfully admitted to the CNMI in long-term investor status under the immigration laws of the CNMI before the transition program effective date and has that status on the transition program effective date; (B) Has continuously maintained residence in the CNMI under such long-term investor status; (C) Is otherwise admissible to the United States; and (D) Maintains the investment or investments that formed the basis for such long-term investment status. (ii) Definitions. For purposes of paragraph (e)(23) of this section, the following definitions apply: (A) Approved investment or residence means an investment or residence approved by the CNMI government. (B) Approval letter means a letter issued by the CNMI government certifying the acceptance of an approved investment subject to the minimum investment criteria and standards provided in 4 N. Mar. I. Code section 5941 et seq. (long-term business certificate), 4 N. Mar. I. Code section 5951 et seq. (foreign investor certificate), and 4 N. Mar. I. Code section 50101 et seq. (foreign retiree investment certificate). (C) Certificate means a certificate or certification issued by the CNMI government to an applicant whose application has been approved by the CNMI government. (D) Continuously maintained residence in the CNMI means that the alien has maintained his or her residence within the CNMI since being lawfully admitted as a long-term investor and has been physically present therein for periods totaling at least half of that time. Absence from the CNMI for any period of more than six months but less than one year after such lawful admission shall break the continuity of such residence, unless the subject alien establishes to the satisfaction of the Secretary of Homeland Security that he or she did not in fact abandon residence in the CNMI during such period. Absence from the CNMI for any period of more than one year during the period for which continuous residence is required shall break the continuity of such residence. (E) Public organization means a CNMI public corporation or an agency of the CNMI government. (F) Transition period means the period beginning on the transition program effective date and ending on December 31, 2014. (G) Transition program effective date means November 28, 2009. (iii) Long-term investor status. Long-term investor status under the immigration laws of the CNMI only includes the following investor classifications under CNMI immigration laws as in effect on May 8, 2008: (A) Long-term business investor. An alien who has an approved investment of at least $150,000 in the CNMI, as evidenced by a Long-Term Business Certificate. (B) Foreign investor. An alien in the CNMI who has invested either a minimum of $100,000 in an aggregate approved investment in excess of $2,000,000, or a minimum of $250,000 in a single approved investment, as evidenced by a Foreign Investment Certificate. (C) Retiree investor. An alien in the CNMI who is: ( 1 ) Over the age of 55 years who has invested a minimum of $100,000 in an approved residence on Saipan or $75,000 in an approved residence on Tinian or Rota, as evidenced by a Foreign Retiree Investment Certification; or ( 2 ) Over the age of 55 years who has invested a minimum of $150,000 in an approved residence to live in the CNMI, as evidenced by a Foreign Retiree Investment Certificate. (iv) Maintaining investments. An alien in long-term investor status under the immigration laws of the CNMI is maintaining his or her investments if that alien investor is in compliance with the terms upon which the investor certificate was issued. (v) Filing procedures. An alien seeking classification under E-2 CNMI Investor nonimmigrant status must file an application for E-2 CNMI investor nonimmigrant status, along with accompanying evidence, with USCIS in accordance with the form instructions within two years of the transition program effective date. An application filed after the two-year period will be rejected. (vi) Accompanying evidence. Documentary evidence establishing eligibility for E-2 CNMI nonimmigrant investor status is required. (A) Required evidence of admission includes a properly endorsed, unexpired CNMI admission document ( e.g., entry permit, certificate, or foreign investor visa) reflecting lawful admission to the CNMI in long-term business investor, foreign investor, or retiree foreign investor status. (B) Required evidence of long-term investor status includes: ( 1 ) An unexpired Long-Term Business Certificate, in the case of an alien in long-term business investor status. ( 2 ) An unexpired Foreign Investment Certificate, in the case of an alien in foreign investor status. ( 3 ) A Foreign Retirees Investment Certification or a Foreign Retiree Investment Certificate, in the case of an alien in retiree investor status. (C) Required evidence that the long-term investor is maintaining his or her investment includes all of the following, as applicable: ( 1 ) An approval letter issued by the CNMI government. Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946950 ( 2 ) Evidence that capital has been invested, including bank statements showing amounts deposited in CNMI business accounts, invoices, receipts or contracts for assets purchased, stock purchase transaction records, loan or other borrowing agreements, land leases, financial statements, business gross tax receipts, or any other agreements supporting the application. ( 3 ) Evidence that the applicant has invested at least the minimum amount required, including evidence of assets which have been purchased for use in the enterprise, evidence of property transferred from abroad for use in the enterprise, evidence of monies transferred or committed to be transferred to the new or existing enterprise in exchange for shares of stock, any loan or mortgage, promissory note, security agreement or other evidence of borrowing which is secured by assets of the applicant. ( 4 ) A comprehensive business plan for new enterprises. ( 5 ) Articles of incorporation, by-laws, partnership agreements, joint venture agreements, corporate minutes and annual reports, affidavits, declarations or certifications of paid-in capital. ( 6 ) Current business licenses. ( 7 ) Foreign business registration records, recent tax returns of any kind, evidence of other sources of capital. ( 8 ) A listing of all resident and nonresident employees. ( 9 ) A listing of all holders of business certificates for the business establishment. ( 10 ) A listing of all corporations in which the applicant has a controlling interest. ( 11 ) In the case of a holder of a certificate of foreign investment, copies of annual reports of investment activities in the CNMI containing sufficient information to determine whether the certificate holder is under continuing compliance with the standards of issuance, accompanied by annual financial audit reports performed by an independent certified public accountant. ( 12 ) In the case of an applicant who is a retiree investor, evidence that he or she has an interest in property in the CNMI ( e.g., lease agreement), evidence of the value of the property interest ( e.g., an appraisal regarding the value of the property), and, as applicable, evidence of the value of the improvements on the property ( e.g., receipts or invoices of the costs of construction, the amount paid for a preexisting structure, or an appraisal of improvements). (vii) Physical presence in the CNMI. Physical presence in the CNMI at the time of filing or during the pendency of the application is not required, but an application may not be filed by, or CNMI Investor status granted to, any alien present in U.S. territory other than in the CNMI. If an alien with CNMI long-term investor status departs the CNMI on or after the transition program effective date but before being granted E-2 CNMI Investor status, he or she may not be re-admitted to the CNMI without a visa or appropriate visa waiver under the U.S. immigration laws. If USCIS grants E-2 CNMI Investor nonimmigrant status to an alien who is not physically present in the CNMI at the time of the grant, such alien must obtain an E-2 CNMI Investor nonimmigrant visa at a consular office abroad in order to seek admission to the CNMI in E-2 CNMI Investor status. (viii) Biometrics. USCIS may require an applicant for E-2 CNMI Investor status, including but not limited to any applicant for derivative status as a spouse or child, to submit biometric information. An applicant present in the CNMI must pay or obtain a waiver of the biometric service fee described in 8 CFR 103.7(b). (ix) Denial. A grant of E-2 CNMI Investor status is a discretionary determination, and the application may be denied for failure of the applicant to demonstrate eligibility or for other good cause. Denial of the application may be appealed to the USCIS Administrative Appeals Office. (x) Spouse and children of an E-2 CNMI Investor. (A) Classification. The spouse and children of an E-2 CNMI Investor accompanying or following-to-join the principal alien, if otherwise admissible, may receive the same classification as the principal alien. The nationality of a spouse or child of an E-2 CNMI investor is not material to the classification of the spouse or child. (B) Employment authorization. The spouse of an E-2 CNMI Investor lawfully admitted in the CNMI in E-2 CNMI Investor nonimmigrant status, other than the spouse of an E-2 CNMI investor who obtained such status based upon a Foreign Retiree Investment Certificate, is eligible to apply for employment authorization under 8 CFR 274a.12(c)(2) while in E-2 CNMI Investor nonimmigrant status. Employment authorization acquired under this paragraph is limited to employment in the CNMI only. (xi) Terms and conditions of E-2 CNMI Investor nonimmigrant status. (A) Nonimmigrant status. E-2 CNMI Investor nonimmigrant status and any derivative status are only applicable in the CNMI. Entry, employment, and residence in the rest of the United States (including Guam) require the appropriate visa or visa waiver eligibility. An E-2 CNMI Investor who enters, attempts to enter or attempts to travel to any other part of the United States without the appropriate visa or visa waiver eligibility, or who violates conditions of nonimmigrant stay applicable to any such authorized status in any other part of the United States, will be deemed to have violated the terms and conditions of his or her E-2 CNMI Investor status. An E-2 CNMI Investor who departs the CNMI will require an E-2 CNMI investor visa for reentry to the CNMI. (B) Employment authorization. An alien with E-2 CNMI Investor nonimmigrant status is employment authorized in the CNMI only for the enterprise that is the basis for his or her CNMI Foreign Investment Certificate or Long Term Business Certificate, to the extent that such Certificate authorized such activity. An alien with E-2 CNMI Investor nonimmigrant status based upon a Foreign Retiree Investor Certificate is not employment authorized. (C) Changes in E-2 CNMI investor nonimmigrant status. If there are any substantive changes to aliens' compliance with the terms and conditions of qualification for E-2 CNMI Investor nonimmigrant status, each subject alien must file a new application for E-2 CNMI Investor nonimmigrant status, in accordance with the instructions on Form I-129 requesting extension of stay in the United States. Prior approval is not required if corporate changes occur that do not affect a previously approved employment relationship, or are otherwise non-substantive. (D) Unauthorized change of employment. An unauthorized change of employment to a new employer will constitute a failure to maintain status within the meaning of section 237(a)(1)(C)(i) of the Act (8 U.S.C. 1227(a)(1)(C)(i)). (E) Periods of admission. ( 1 ) An E-2 CNMI Investor may be admitted for an initial period of not more than two years. ( 2 ) The spouse and children accompanying or following-to-join an E-2 CNMI Investor may be admitted for the period during which the principal alien is in valid E-2 CNMI Investor nonimmigrant status. The temporary departure from the United States of the principal E-2 CNMI Investor shall not affect the derivative status of the dependent spouse and children, provided the familial relationship continues to exist and the principal Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946951 alien remains eligible for admission as an E-2 CNMI Investor. (xii) Extensions of stay. Requests for extensions of E-2 CNMI Investor nonimmigrant status may be granted in increments of not more than two years, until the end of the transition period. To request an extension of stay, an E-2 CNMI Investor must file with USCIS an application for extension of stay, with required accompanying documents, in accordance with the instructions on Form I-129. To qualify for an extension of E-2 CNMI Investor nonimmigrant status, each alien must demonstrate: (A) Continuous maintenance of the terms and conditions of E-2 CNMI Investor nonimmigrant status; (B) Physical presence in the CNMI at the time of filing the application for extension of stay; and (C) That he or she did not leave during the pendency of the application. (xiii) Change of status. An alien eligible for E-2 CNMI Investor status on the transition program effective date, but who obtains another valid nonimmigrant status, may apply to change nonimmigrant status to E-2 CNMI Investor in accordance with paragraph (e)(21) of this section and within the period of time provided by paragraph (e)(23)(v). (xiii) Expiration of transition period. Upon expiration of the transition period, the E-2 CNMI Investor nonimmigrant status will automatically terminate. (xiv) Fee waiver. An alien applying for E-2 CNMI Investor nonimmigrant status is eligible for a waiver of the fee for Form I-129 based upon inability to pay as provided by 8 CFR 103.7(c)(1). * * * * * PART 274a—CONTROL OF EMPLOYMENT OF ALIENS 3. The authority citation for part 274a continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2. 4. Section 274a.12 is amended by: a. Removing the “or” at the end of paragraph (b)(20); b. Removing the period at the end of paragraph (b)(21) and adding a “; or” in its place; c. Adding a new paragraph (b)(22); and by d. Adding a new paragraph (c)(12) to read as follows: § 274a.12 Classes of aliens authorized to accept employment. * * * * * (b) * * * * * * * * (22) An alien in E-2 CNMI Investor nonimmigrant status pursuant to 8 CFR 214.2(e)(23). An alien in this status may be employed only by the qualifying company through which the alien attained the status. An alien in E-2 CNMI Investor nonimmigrant status may be employed only in the Commonwealth of the Northern Mariana Islands for a qualifying entity. An alien who attained E-2 CNMI Investor nonimmigrant status based upon a Foreign Retiree Investment Certificate or Certification is not employment-authorized. Employment authorization does not extend to the dependents of the principal investor (also designated E-2 CNMI Investor nonimmigrant) other than those specified in paragraph (c)(12) of this section; * * * * * (c) * * * (12) An alien spouse of a long-term investor in the Commonwealth of the Northern Mariana Islands (E-2 CNMI Investor) other than an E-2 CNMI investor who obtained such status based upon a Foreign Retiree Investment Certificate, pursuant to 8 CFR 214.2(e)(23). An alien spouse of an E-2 CNMI Investor is eligible for employment in the CNMI only; * * * * * Janet Napolitano, Secretary. [FR Doc. E9-21967 Filed 9-11-09; 8:45 am] BILLING CODE 9111-97-Palpha = the proportion of the negative switching impulse voltage to the total phase-to-phase impulse voltage.
D design L-L = the design phase-to-phase clearance
H = the average height of the phase above the ground
Table 1 shows the values recommended by IEEE Standard 516-2009 for these variables and the resultant gap factors. ≤ 242 kV 0.33 0.8 1.451 > 242 kV 0.41 0.8 1.530Phase-to-phase voltage | Alpha | D design L-L/ H | k |
---|---|---|---|
≤ 242 kV | 0.33 | 0.8 | 1.451 |
> 242 kV | 0.41 | 0.8 | 1.530 |
Where:
V 50 = the critical sparkover voltage in kilovolts
k = the gap factor from Table 1
D l-l = the sparkover distance in meters
2. When live-line bare-hand work 11 is performed, the employee is typically positioned between two or more phase conductors. The employee could be working, for example, from an aerial lift platform or a conductor cart. These devices and the worker are both conductive. The presence of a conductive object in the air gap reduces its dielectric strength. IEEE Standard 516-2009 introduces a constant, K F , to account for the presence of the employee and other conductive objects in the air gap. IEEE Standard 516-2009 uses K F equal to 0.9 to accommodate a 3.3-meter conductive object in the air gap. This value is equivalent to a 10 percent reduction in the dielectric strength of the gap. 11 This is work performed with the employee at the same potential as one of the phase conductors. The employee is insulated, by air or another insulating medium, from the other phase conductors and from ground. With this factor included, the equation for the critical sparkover voltage is: [Please see PDF for Formula: EP14SE09.001] 3. IEEE sets the withstand voltage at a level that is 3σ lower than the critical Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946961 sparkover voltage, as indicated in the following equation:V W = (1—3σ)V 50
Where:
V W = the withstand voltage
V 50 = the critical sparkover voltage
σ = 5 percent for a normal distribution
4. To solve for the electrical component of the clearance, the maximum transient overvoltage is substituted for the withstand voltage. The IEEE committee used the following equation to calculate the maximum transient overvoltage on the line:T L-L = 1.35 T L-G + 0.45
Where:
T L-L = the phase-to-phase maximum transient overvoltage in per unit
T L-G = the phase-to-ground maximum transient overvoltage in per unit
5. Substituting the values of the various constants and solving these equations for distance, IEEE Standard 516-2009 uses the following equations to calculate the minimum air insulation distance: For voltages less than or equal to 242 kV: [Please see PDF for Formula: EP14SE09.002] For voltages more than 242 kV: [Please see PDF for Formula: EP14SE09.003]Where:
D L-L = the minimum air insulation distance (the minimum distance needed to prevent sparkover with air alone as the insulating medium)
T L-G = the phase-to-ground maximum transient overvoltage in per unit
V L-L = the rms phase-to-phase system voltage
Tools in the air gap. The presence of an insulated tool in the air gap reduces the air gap's dielectric strength. IEEE Standard 516-2009 generally gives two values for the electrical component of the minimum approach distance: One in air (called MAID 12 ) and one with a tool in the air gap (called MTID 13 ). 14 Unlike the most recent edition of the NESC, 15 which uses the tool distance plus an ergonomic component (0.31 or 0.61 meters) in setting minimum approach distances, IEEE Standard 516-2009 does not provide either the tool distance or a means of calculating it for phase-to-phase exposures. Section 4.5.2.3 justifies this as follows: 12 MAID is the minimum air insulation distance. 13 MTID is the minimum tool insulation distance. 14 IEEE Standard 516-2009 increases the electrical component of the minimum approach distance by 10 percent (6 percent for the tool and 4 percent for intangibles) before the saturation factor is applied. 15 This document, NESC, ANSI C2-2007, is available for inspection and copying in the Docket Office at the address listed in the ADDRESSES section of this notice. The definition of MTID applies only to line-to-ground application. It is rare that a worker would be at the potential of one phase while working on another phase. If a nonconductive object, such as an insulated tool, is placed in the air gap joining two phases, an engineering study should be performed. [Additional] testing is required to develop a line-to-line MTID. If a line-to-line MTID is required, the same factor as used in the line-to-ground distance may be used. Industry practices normally use an MTID that is the same as or greater than the MAID. B. Minimum Approach Distances for Voltages Up to 72.5 kV IEEE Standard 516-2009 contains a slightly revised methodology for calculating minimum approach distances for voltages up to 72.5 kV. In the past, IEEE Standard 516 calculated these distances using sparkover distances in IEEE Standard 4-1995, which are based on 60-Hz rod-to-rod sparkover voltages. The IEEE committee identified, in its view, two problems with continuing to use these distances without further adjustment. First, the distances are based on testing with 60-Hz voltages, not transient impulses. The sparkover voltage for a given distance is higher for a transient overvoltage than for an equal 60-Hz voltage. Second, the voltages in IEEE Standard 4-1995 are sparkover voltages, not withstand voltages. The withstand voltage for a given distance is smaller than the corresponding sparkover voltage. Thus, the two problems identified by the IEEE committee work in opposite directions. The first one would decrease the minimum approach distance; the second would increase it. IEEE Standard 516-2009 resolves both problems with resultant minimum approach distances that are slightly smaller than those in earlier editions. To overcome the first problem, IEEE Standard 516-2009 applies an impulse test factor of 1.3 to convert 60-Hz sparkover voltage to the critical sparkover voltage for a transient overvoltage. The standard then uses a 3σ margin (0.85) to convert the critical sparkover voltage to a withstand voltage. This addresses the second problem. Table 2 shows a comparison of the 60-Hz sparkover voltage with the transient overvoltage withstand voltage for different rod-to-rod air gaps. This table shows that a given air gap can withstand a somewhat higher transient overvoltage than it can a 60-Hz voltage. The relationship between the electrical component of the minimum approach distance and the maximum transient overvoltage in this range is linear and, in IEEE Standard 516-2009, is represented by the following linear formula for phase-to-ground exposures: 16 16 IEEE Standard 516 uses this equation for voltages more than 27.00 kV but less than or equal to 72.5 kV. For voltages less than 27.00 kV, IEEE Standard 516 uses a distance of 0.02 meters, with the following explanation: “When the TOV Peak is less than 27.00 kV, sufficient test data are not available to calculate the MAID, which is less than 2 cm or 0.06 ft.” [Please see PDF for Formula: EP14SE09.004]Where:
D M = Distance in meters
TOV = Maximum phase-to-ground transient overvoltage (peak)
The corresponding formula for phase-to-phase exposures is: [Please see PDF for Formula: EP14SE09.005]Where:
D M = Distance in meters
TOV = Maximum phase-to-phase transient overvoltage (peak)
27.6 25 2 39.8 36 3 50.8 46 4 58.6 53 5 66.3 60 6 77.4 70 8 87.3 79 10 95 86 12 105 95 14 115 104 16 123.8 112 18 132.6 120 20 158 143 25 184.5 167 30 212.2 192 35 240.9 218 40 268.5 243 45 298.4 270 50 355.8 322 60Impulse transient overvoltage rod-to-rod withstand (kV peak)* | 60-Hz rod-to-rod sparkover (kV peak) | Gap spacing from IEEE Std 4-1995 (cm) |
---|---|---|
27.6 | 25 | 2 |
39.8 | 36 | 3 |
50.8 | 46 | 4 |
58.6 | 53 | 5 |
66.3 | 60 | 6 |
77.4 | 70 | 8 |
87.3 | 79 | 10 |
95 | 86 | 12 |
105 | 95 | 14 |
115 | 104 | 16 |
123.8 | 112 | 18 |
132.6 | 120 | 20 |
158 | 143 | 25 |
184.5 | 167 | 30 |
212.2 | 192 | 35 |
240.9 | 218 | 40 |
268.5 | 243 | 45 |
298.4 | 270 | 50 |
355.8 | 322 | 60 |
* The voltage in this column equals the voltage in the second column × 1.3 × 0.85. |
Nominal voltage in kilovolts phase to phase* | Distance (m) | Phase-to-ground exposure | IEEE 516-2009 | Proposed tables R-6 and V-2 † | Phase-to-phase exposure | IEEE 516-2009 | Proposed tables R-6 and V-2 † |
---|---|---|---|---|---|---|---|
Phase-to-ground exposure | Phase-to-phase exposure | ||||||
0.051 to 0.300 | Avoid contact | Avoid contact | |||||
0.301 to 0.750 | 0.32 | 0.31 | 0.32 | 0.31 | |||
0.751 to 15.0 | 0.64 | 0.65 | 0.67 | 0.67 | |||
15.1 to 36.0 | 0.73 | 0.77 | 0.84 | 0.86 | |||
36.1 to 46.0 | 0.79 | 0.84 | 0.94 | 0.96 | |||
46.1 to 72.5 | 0.89 | 1.00 | 1.15 | 1.20 | |||
72.6 to 121 | 1.01 | 0.95 | 1.37 | 1.29 | |||
138 to 145 | 1.15 | 1.09 | 1.62 | 1.50 | |||
161 to 169 | 1.29 | 1.22 | 1.88 | 1.71 | |||
230 to 242 | 1.71 | 1.59 | 2.77 | 2.27 | |||
345 to 362 | 2.75 | 2.59 | 4.32 | 3.80 | |||
500 to 550 | 3.61 | 3.42 | 6.01 | 5.50 | |||
765 to 800 | 4.82 | 4.53 | 8.87 | 7.91 | |||
* The voltage ranges correspond to those in OSHA's 2005 proposal. IEEE Standard 516-2009 has additional voltage ranges below 72.5 kV and has one additional higher voltage range, 362.1 to 420 kV. The distances shown in this table for IEEE Standard 516-2009 correspond to the minimum approach distance for the highest voltage in the range. | |||||||
† See 70 FR 34822, June 15, 2005. |
Counties responding to the USDA Forest Service | Counties responding to the Department of the Interior | |
---|---|---|
Estimated Annual Number of Responses | 344 | 16 |
Estimated Burden Hours per Response | 24 | 24 |
Estimated Total Annual Burden Hours | 8,256 | 384 |
-- shelving and racks with dimensions ranging from 3 inches by 5 inches by 0.10 inch to 28 inches by 34 inches by 6 inches; or
-- baskets with dimensions ranging from 2 inches by 4 inches by 3 inches to 28 inches by 34 inches by 16 inches; or
-- side racks from 6 inches by 8 inches by 0.1 inch to 16 inches by 30 inches by 4 inches; or
-- subframes from 6 inches by 10 inches by 0.1 inch to 28 inches by 34 inches by 6 inches.
The merchandise under order is comprised of carbon or stainless steel wire ranging in thickness from 0.050 inch to 0.500 inch and may include sheet metal of either carbon or stainless steel ranging in thickness from 0.020 inch to 0.2 inch. The merchandise under order may be coated or uncoated and may be formed and/or welded. Excluded from the scope of this order is shelving in which the support surface is glass. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (“HTSUS”) statistical reporting numbers 8418.99.8050, 8418.99.8060, 7321.90.5000, 7321.90.6090, and 8516.90.8000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. Amendment to the Final Determination On July 27, 2009, New King Shan (Zhu Hai) Co., Ltd. (“New King Shan”) filed timely allegations that the Department made various ministerial errors in the Final Determination and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors in the calculation of its margin. Specifically, New King Shan alleged that (1) the Department failed to adjust for different currencies in calculating its indirect selling expenses (“ISEs”); (2) the Department miscalculated the ISE ratios; and (3) the Department's decision to value steel wire rod using the JPC data for 6mm and 8mm steel wire rod was based on a failure to examine all of the data on the record. On August 3, 2009, Petitioners submitted comments in rebuttal to New King Shan's ministerial error comments. No other parties in this proceeding submitted comments on the Department's final margin calculations. A ministerial error is defined as an error “in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the {Department} considers ministerial.” See section 735(e) of the Act; see also 19 CFR 351.224(f). After analyzing all interested party comments and rebuttals, we have determined, in accordance with section 735(e) of the Act and 19 CFR 351.224(e), that we made a ministerial error in our calculations for the Final Determination with respect to New King Shan. For a detailed discussion of this ministerial error, as well as the Department's analysis of this error and other allegations raised, see Memorandum to James C. Doyle, Director, Office 9, through Catherine Bertrand, Program Manager, from Kathleen Marksberry, Case Analyst: Antidumping Duty Investigation of Certain Kitchen Appliance Shelving and Racks from the People's Republic of China: Analysis of Ministerial Error Allegations, dated concurrent with this Federal Register notice. Additionally, in the Final Determination , we determined that several companies qualified for a separate rate. See Final Determination , 74 FR 36660. Because the only other mandatory respondent, Guangdong Wireking Housewares & Hardwares Co., Ltd. (“Wireking”), received a margin based on total adverse facts available (“AFA”) in the Final Determination , the separate rate for these companies was New King Shan's calculated rate. See id.; see also Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration from John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations: Certain Kitchen Appliance Shelving and Racks from the People's Republic of China: Issues and Decision Memorandum for the Final Determination , (July 20, 2009) at Comment 17A (“Issues and Decision Memo”). Therefore, because the margin for New King Shan has changed since the Final Determination the separate rate has changed as well, it is now 43.09 percent. The revised dumping margins are listed in the chart below. See Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946972 Memorandum to the File through Catherine Bertrand, Program Manager, from Kathleen Marksberry, Analyst; Investigation of Certain Kitchen Appliance Shelving and Racks from the People's Republic of China: Amended Final Analysis of New King Shan (Zhu Hai) Co., Ltd., dated concurrent with this Federal Register notice. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (“CBP”) to suspend liquidation on all entries of subject merchandise from the PRC. We will also instruct CBP to require cash deposits equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart below. These instructions suspending liquidation will remain in effect until further notice. Additionally, in the Final Determination , the Department noted that it has continued to find in its CVD Final that the products under investigation, exported and produced by Wireking, benefitted from an export subsidy. See Final Determination, 74 FR at 36660-61; Certain Kitchen Appliance Shelving and Racks from the People's Republic of China: Final Affirmative Countervailing Duty Determination , 74 FR 37012 (July 27, 2009) (“ CVD Final ”). The following subsidies were determined in the CVD Final : Income Tax reduction for Export Oriented FIEs: countervailable subsidy of 0.94 percent; and Local Income Tax Reduction for “Productive” FIEs: countervailable subsidy of 0.23 percent. In the CVD Final , Wireking's rate was assigned to the All-Others rate as it was the only rate that was not zero, de minimis, or based on total facts available. Accordingly, as the countervailing duty rate for New King Shan, Marmon Retail Services Asia, Hangzhou Dunli Import & Export Co., Ltd., Jiangsu Weixi Group Co., is the All-Others rate, which includes two countervailable export subsidies, we will instruct CBP to require an antidumping duty cash deposit or the posting of a bond for each entry equal to the weighted-average margin indicated above for these companies adjusted for the countervailing duties imposed to offset export subsidies determined in the CVD Final . The adjusted cash deposit rate for New King Shan is 41.92 percent and, as the antidumping duty cash deposit rate assigned to the separate rate companies is New King Shan's rate, the adjusted cash deposit rate for Marmon Retail Services Asia, Hangzhou Dunli Import & Export Co., Ltd., Jiangsu Weixi Group Co. also is 41.92 percent. ANTIDUMPING DUTY ORDER Antidumping Duty Order On September 2, 2009, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination in this investigation. In its determination, the ITC found two domestic like products: (1) refrigeration shelving; and (2) oven racks, covering the scope of subject merchandise subject to the investigation. The ITC determined that imports of refrigeration shelving from the PRC caused material injury to a domestic industry, and oven racks from the PRC threaten material injury to a domestic industry. Since the ITC made different affirmative injury determinations for both domestic like products, the Department must instruct U.S. Customs and Border protection to assess antidumping duties on entries of oven racks separately from refrigerator shelves. When we make a determination, either for one or more than one class or kind of merchandise, our determination that there is dumping or subsidization is specific to each class or kind of merchandise. In this case, we calculated final determination dumping margins for a single class or kind of merchandise. Refrigeration Shelving Because the ITC determined that imports of refrigeration shelving from the PRC are materially injuring a U.S. industry, all unliquidated entries of such refrigeration shelving from the PRC, entered or withdrawn from warehouse, are also subject to the assessment of antidumping duties. In accordance with section 736 of the Act, the Department will also direct CBP to assess antidumping duties on all unliquidated entries of refrigeration shelving from the PRC entered, or withdrawn from warehouse, for consumption on or after March 5, 2009, the date on which the Department published its preliminary determination notice in the Federal Register (74 FR 9591). Oven Racks According to section 736(b)(2) of the Act, duties shall be assessed on subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC's notice of final determination if that determination is based on the threat of material injury and is not accompanied by a finding that injury would have resulted without the imposition of suspension of liquidation of entries since the Department's preliminary determination. In addition, section 736(b)(2) of the Act requires CBP to refund any cash deposits or bonds of estimated antidumping duties posted since the preliminary antidumping determination if the ITC's final determination is threat-based. Because the ITC's final determination for oven racks is based on the threat of material injury and is not accompanied by a finding that injury would have resulted but for the imposition of suspension of liquidation of entries since the Certain Kitchen Appliance Shelving and Racks from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value , 74 FR 9591 (March 5, 2009) (“ Preliminary Determination ”), section 736(b)(2) of the Act is applicable. Therefore, the Department will direct CBP to assess, upon further advice, antidumping duties on all unliquidated entries of oven racks from the PRC entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC's notice of final determination of threat of material injury in the Federal Register . See 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from India and the People's Republic of China: Antidumping Duty Orders , 74 FR 19197, 19198 (April 28, 2009). In addition, section 736(b)(2) of the Act requires CBP to refund any cash deposits or bonds of estimated antidumping duties posted since the preliminary antidumping determination and prior to the ITC's notice of final determination. Therefore, the Department will direct CBP to terminate the suspension of liquidation for entries of oven racks from the PRC entered, or withdrawn from warehouse, for consumption before the date on which the ITC published its notice of final determination of threat of material injury in the Federal Register , and to release any bond or other security, and refund any cash deposit, posted to secure the payment of estimated antidumping duties with respect to these entries. In accordance with section 736 of the Act, the Department will also direct CBP to assess antidumping duties on all unliquidated entries of oven racks from the PRC entered, or withdrawn from warehouse, for consumption on or after the date on which the ITC published its notice of final determination of threat of material injury in the Federal Register . Effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise (e.g., both refrigeration shelving and oven racks), a cash deposit Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946973 equal to the estimated weighted-average antidumping duty margins as listed below. See section 735(c)(3) of the Act. The “PRC-wide” rate applies to all exporters of subject merchandise not specifically listed. The weighted-average dumping margins are as follows: Guangdong Wireking Housewares & Hardware Co., Ltd. (a/k/a Foshan Shunde Wireking Housewares & Hardware Co., Ltd.) Guangdong Wireking Housewares & Hardware Co., Ltd. 95.99 New King Shan (Zhu Hai) Co., Ltd. New King Shan (Zhu Hai) Co., Ltd. 43.09 Marmon Retail Services Asia Leader Metal Industry Co., Ltd. (a/k/a Marmon Retail Services Asia) 43.09 Hangzhou Dunli Import & Export Co., Ltd. Hangzhou Dunli Industry Co., Ltd. 43.09 Jiangsu Weixi Group Co. Jiangsu Weixi Group Co. 43.09 PRC-wide Entity (including Asber Enterprise Co., Ltd. (China)) 95.99Exporter | Producer | WA Margin |
---|---|---|
Guangdong Wireking Housewares & Hardware Co., Ltd. (a/k/a Foshan Shunde Wireking Housewares & Hardware Co., Ltd.) | Guangdong Wireking Housewares & Hardware Co., Ltd. | 95.99 |
New King Shan (Zhu Hai) Co., Ltd. | New King Shan (Zhu Hai) Co., Ltd. | 43.09 |
Marmon Retail Services Asia | Leader Metal Industry Co., Ltd. (a/k/a Marmon Retail Services Asia) | 43.09 |
Hangzhou Dunli Import & Export Co., Ltd. | Hangzhou Dunli Industry Co., Ltd. | 43.09 |
Jiangsu Weixi Group Co. | Jiangsu Weixi Group Co. | 43.09 |
PRC-wide Entity (including Asber Enterprise Co., Ltd. (China)) | 95.99 |
Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651, as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States.
Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before October 5, 2009. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 A.M. and 5:00 P.M. at the U.S. Department of Commerce in Room 3720.
Docket Number: 09-048. Applicant: North Dakota State University, 1301 12th Ave. North, Fargo, ND 58102. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to inspect semiconductor devices and micro sensors; study nanoparticles, nanotubes, polymers and composites; and to create micro to nanoscale channels for fluidics research. Justification for Duty-Free Entry: No instruments of same general category are manufactured in the United States. Application accepted by Commissioner of Customs: August 18, 2009.
Docket Number: 09-049. Applicant: Washington State University, 220 French Administration Building, P.O. Box 641020, Pullman, WA 99164. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to inspect semiconductor devices and micro sensors; study nanoparticles, nanotubes, polymers and composites; and to create micro to nanoscale channels for fluidics research. Justification for Duty-Free Entry: No instruments of same general category are manufactured in the United States. Application accepted by Commissioner of Customs: August 18, 2009.
Docket Number: 09-050. Applicant: Stanford University, 450 Serra Mall, Stanford, CA 94305. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument will be used for “spectrum imaging” of elemental distributions at the sub-nano level, to gather three-dimensional structural information of nano-sized crystals as well as to measure electrostatic and magnetic fields in a variety of samples. Justification for Duty-Free Entry: No instruments of same general category are manufactured in the United States. Application accepted by Commissioner of Customs: August 18, 2009.
Dated: September 8, 2009. Christopher Cassel, Director, IA Subsidies Enforcement Office. [FR Doc. E9-22049 Filed 9-11-09; 8:45 am] BILLING CODE 3510-DS-SIn addition, section 706(b)(2) of the Act requires CBP to refund any cash deposits or bonds of estimated countervailing duties posted since the Department's preliminary countervailing duty determination, if the ITC's final determination is threat-based.
Because the ITC's final determination in this case is based on the threat of material injury to the oven racks industry and is not accompanied by a finding that injury would have resulted but for the imposition of suspension of liquidation of entries since the Department's preliminary determination Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946975 was published in the Federal Register , 2 section 706(b)(2) of the Act is applicable. 2 See Shelving and Racks Preliminary Results. Therefore, the Department will direct CBP to reinstitute suspension of liquidation, 3 and to assess, upon further instruction from the Department, countervailing duties in an amount based on the net countervailable subsidy rates for the subject merchandise as noted below, on all unliquidated entries of certain oven racks from the PRC entered, or withdrawn from warehouse, for consumption on or after the date of publication of the ITC's notice of final determination in the Federal Register . 3 The Department instructed CBP to discontinue the suspension of liquidation on May 7, 2009, in accordance with section 703(a) of the Act. Section 703(d) states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Guangdong Wire King Co., Ltd. (formerly known as Foshan Shunde Wireking Housewares & Hardware) 13.30 Asber Enterprises Co., Ltd. (China) 170.82 Changzhou Yixiong Metal Products Co., Ltd. 149.91 Foshan Winleader Metal Products Co., Ltd. 149.91 Kingsun Enterprises Group Co, Ltd. 149.91 Yuyao Hanjun Metal Work Co./Yuyao Hanjun Metal Products Co., Ltd. 149.91 Zhongshan Iwatani Co., Ltd. 149.91 All-Others 13.30Exporter/manufacturer | Net subsidy rate |
---|---|
Guangdong Wire King Co., Ltd. (formerly known as Foshan Shunde Wireking Housewares & Hardware) | 13.30 |
Asber Enterprises Co., Ltd. (China) | 170.82 |
Changzhou Yixiong Metal Products Co., Ltd. | 149.91 |
Foshan Winleader Metal Products Co., Ltd. | 149.91 |
Kingsun Enterprises Group Co, Ltd. | 149.91 |
Yuyao Hanjun Metal Work Co./Yuyao Hanjun Metal Products Co., Ltd. | 149.91 |
Zhongshan Iwatani Co., Ltd. | 149.91 |
All-Others | 13.30 |
Species | Proposed Sample Size |
---|---|
Northern Monkfish | 10 fish/month |
Southern Monkfish | 10 fish/month |
Thorny Skate | 10 fish/month |
Smooth Skate | 10 fish/month |
Clearnose Skate | 10 fish/month |
Barndoor Skate | 10 fish/month |
Rosette Skate | 10 fish/month |
Little Skate | 10 fish/month |
Winter Skate | 10 fish/month |
American Lobster | 10 animals/month |
Country | Program(s) | Gross 1 Subsidy ($/lb) | Net 2 Subsidy ($/lb) |
---|---|---|---|
27 European Union Member States 3 | European Union Restitution Payments | $ 0.00 | $0.00 |
Canada | Export Assistance on Certain Types of Cheese | $ 0.29 | $ 0.29 |
Norway | Indirect (Milk) Subsidy | $ 0.00 | $ 0.00 |
Consumer Subsidy Total | $ 0.00 | $ 0.00 | |
Total | $ 0.00 | $ 0.00 | |
Switzerland | Deficiency Payments | $ 0.00 | $ 0.00 |
1 Defined in 19 U.S.C. 1677(5). | |||
2 Defined in 19 U.S.C. 1677(6). | |||
3 The 27 member states of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. |
Beginning value | End value | |
---|---|---|
Domestic Status | $ | $ |
Foreign Status | ||
Total | $ | $ |
Merchandise Received | Value | |
Domestic Status | $ | |
Foreign Status | ||
From Other U.S. FTZ's: | ||
Domestic Status | ||
Foreign Status | ||
Total | $ | |
Merchandise Forwarded | Value | |
To The U.S. Market | $ | |
To Foreign Countries (Exports) | ||
To Other U.S. FTZ's | ||
Total | $ | |
Merchandise Destroyed | $ |
Category | Value | Main countries of origin |
---|---|---|
_________________________ | $__________ | _________________________ |
_________________________ | __________ | _________________________ |
_________________________ | __________ | _________________________ |
_________________________ | __________ | _________________________ |
_________________________ | __________ | _________________________ |
Total | $ __________ |
Nonprivileged Foreign $.
Privileged Foreign $ _____.
11. Customs duties collected on merchandise entered from the zone during the calendar year amounted to $ _____. 12. (Optional) Attachment field: You may attach any photographs of the zone or any information you feel may be useful. Part 2: Manufacturing/Processing GPZ and Subzone Operators for January 1-December 31 A separate part 2, questions 2-18 should be included for each manufacturing/processing operation that occurred within the general-purpose zone or any subzone. This reporting of manufacturing/processing applies to any activity requiring FTZ Board approval under the Board's regulations (15 CFR part 400). (Note that any oil refinery operations should use the oil refinery-specific part 2 that follows this section.) Zone reports should reflect only activity within activated portions of zones/subzones. Foreign and domestic merchandise handled within activated FTZ areas should be reported. 1. The grantee shall provide a list of each FTZ Board approved manufacturing/processing operation within the general-purpose zone or subzones, and indicate whether or not activity was conducted under zone procedures at each operation during the calendar year. Note that separate information for questions 2-18 below is required for each active manufacturing/processing operation. 2. Site/Subzone Number. 3. Company Name. 4. Activated Acres. 5. Briefly describe the activity at the subzone/GPZ operation that is occurring under zone procedures. Have there been any changes to the activity or facilities within the past year? 6. Employment within the FTZ operation (includes direct and contract, reported on a full time equivalent basis). 7. Provide the current year's level of production _____ and the level of production approved by the FTZ Board _____. 8. Is the current activity consistent with the plan that was presented to and approved by the FTZ Board? Explain how the activity is consistent. 9. Provide an estimate for the value-added activity that takes place under zone procedures (labor, profit, overhead, etc.). One way to estimate value-added is: Value of Sales from Plant minus Value of merchandise Received at Plant. Value-added should not be included in Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946982 the Movement of Merchandise figures below. 10. Explain the extent to which FTZ status has helped your facility compete with plants abroad (this includes competition with other company facilities located abroad to expand or maintain product lines in the U.S.). 11. Provide the percent of total production that is directly or indirectly exported ___%. The indirect exports to be reported are shipments that are entered for consumption prior to subsequent re-exportation or shipments to a customer or related facility that are later exported (whenever known). You may rely on estimates for indirect exports but it is important that each operator do its best to account for all export activity that is supported by their FTZ operation. 12. If the manufacturing activity is subject to restriction, list the restriction(s) and describe the method of compliance. 13. Movement of Merchandise Domestic Status $ $ Foreign Status Total $ $ Merchandise Received Value Domestic Status $ Foreign Status From Other U.S. FTZ's: Domestic Status Foreign Status Total $ Merchandise Forwarded Value To The U.S. Market $ To Foreign Countries (Exports) To Other U.S. FTZ's Total $ Merchandise Destroyed $Beginning value | End value | |
---|---|---|
Domestic Status | $ | $ |
Foreign Status | ||
Total | $ | $ |
Merchandise Received | Value | |
Domestic Status | $ | |
Foreign Status | ||
From Other U.S. FTZ's: | ||
Domestic Status | ||
Foreign Status | ||
Total | $ | |
Merchandise Forwarded | Value | |
To The U.S. Market | $ | |
To Foreign Countries (Exports) | ||
To Other U.S. FTZ's | ||
Total | $ | |
Merchandise Destroyed | $ |
Category | Value | Main countries of origin |
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_________________________ | $__________ | _________________________ |
_________________________ | __________ | _________________________ |
_________________________ | __________ | _________________________ |
_________________________ | __________ | _________________________ |
_________________________ | __________ | _________________________ |
Total | $ __________ |
Category | Value |
---|---|
$_________ | _________ |
_________ | _________ |
_________ | _________ |
_________ | _________ |
_________ | _________ |
Total | $ _________ |
Nonprivileged Foreign $ .
Privileged Foreign $.
17. Customs duties collected on merchandise entered into U.S. Customs territory from the operation during the calendar year amounted to $ _____. 18. (Optional) Attachment field: You may attach any photographs of the operation or any information you feel may be useful. Part 2 for Oil Refinery Operators for January 1-December 31 Zone reports should reflect only activity within activated portions of zones/subzones. Foreign and domestic merchandise handled within activated FTZ areas should be reported. 1. The grantee shall provide a list of each FTZ Board approved oil refinery operation within the general-purpose zone or subzones, and indicate whether or not activity was conducted under zone procedures at the subzone or GPZ site during the calendar year. Note that separate information for questions 2-36 below is required for each active oil refinery operator. 2. Site/Subzone Number. 3. Company Name. 4. Activated Acres. 5. Activation Date. 6. Total number of tanks/storage capacity in barrels. 7. Employment—direct and indirect (including contract employees), reported on a full time equivalent basis. 8. List primary non-crude receipts on an average daily basis. 9. What percent of the primary non-crude receipts are sourced from abroad? 10. List primary non-NPF attributed products (fuels, lubricants, etc.). 11. The primary non-NPF attributed products account for ___% of total output. 12. Provide a description of types of customers for non-NPF products shipped from the refinery. In describing customers, do not provide customer names or specific customer information. We are seeking general information Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946983 about general types or categories of customers by industry and/or by use. 13. Identify exports by product and volume. 14. List primary products produced from NPF attributed feedstocks. 15. NPF attributed products account for ___ % of total output. 16. Provide a description of types of customers for petrochemical products. 17. Indicate approximate percentage of total shipments from the refinery that are to affiliated plants. 18. Provide the percent of total production that is directly or indirectly exported ___ %. The indirect exports to be reported are shipments that are entered for consumption prior to subsequent re-exportation or shipments to a customer or related facility that are later exported (whenever known). You may rely on estimates for indirect exports but it is important that each operator do its best to account for all export activity that is supported by their FTZ operation. 19. Current rated crude distillation capacity (BPD). 20. Volume of total crude oil receipts on an average daily basis (BPD). 21. Volume of foreign crude oil receipts on an average daily basis (BPD). 22. Estimated percentage of foreign crude receipts under 25 degrees API. 23. Provide the number and date of the most recent Board Order. 24. What capacity (BPD or BPD equivalent) was approved by the Board in the above order? Grants of authority are approved for a given level of activity. In the case of oil refineries, the levels of activity are stated in terms of current rated crude distillation capacity. A plant may increase its capacity, but the level of approved zone activity for the plant remains at the level approved under the refinery's current Board Order. Significant increases in activity above Board-approved levels require an expanded authorization. 25. Is the refinery operating within the approved scope of authority? Explain. 26. Indicate how zone savings assist the company in its international competitiveness efforts ( e.g., reduce operating costs, improve margins, help make exports more competitive, maintain or increase refinery capacity through processing unit upgrades or additions at U.S. refinery versus foreign refinery in a global industry). In describing how FTZ status has affected the refinery, please give examples and anecdotal information that you feel relevant. We recognize that FTZ status may be only a contributing factor. 27. Current estimate of annual zone duty savings. 28. Provide an estimate for the value-added activity that takes place under zone procedures (labor, profit, overhead, etc.). One way to estimate value-added is: Value of Sales from Plant minus Value of merchandise Received at Plant. Value-added should not be included in the Movement of Merchandise figures below. 29. Describe public-type benefits (both direct and indirect) to the local and national economy. Please give specific examples. As it applies to your plant, you may describe with any or all of the following: a. Affected domestic production employment and refinery capacity. b. Helped to offset environmental compliance costs. c. Helped to preserve U.S. refining capacity. d. Contributed to increased investment in U.S. refining. In describing industry impact, information may be presented to the FTZ Board on a company-wide or industry-wide basis (rather than from individual refineries). In this manner the accumulated impact of all of a company's facilities or the use of zone procedures in the industry as a whole may be discussed rather than on an individual basis. 30. If the operation is subject to restriction, please describe method of compliance. 31. Movement of Merchandise Domestic Status $ $ Foreign Status Total $ $ Merchandise Received: Value Domestic Status $ $ Foreign Status From Other U.S. FTZ's: Domestic Status Foreign Status Total $ $ Merchandise Forwarded: Value To The U.S. Market $ To Foreign Countries (Exports) To Other U.S. FTZ's Total $ $ Merchandise Destroyed $Beginning value | End value | |
---|---|---|
Domestic Status | $ | $ |
Foreign Status | ||
Total | $ | $ |
Merchandise Received: | Value | |
Domestic Status | $ | $ |
Foreign Status | ||
From Other U.S. FTZ's: | ||
Domestic Status | ||
Foreign Status | ||
Total | $ | $ |
Merchandise Forwarded: | Value | |
To The U.S. Market | $ | |
To Foreign Countries (Exports) | ||
To Other U.S. FTZ's | ||
Total | $ | $ |
Merchandise Destroyed | $ |
Category | Value |
---|---|
_________ | $ _________ |
_________ | _________ |
_________ | _________ |
_________ | _________ |
_________ | _________ |
Total | $ _________ |
Nonprivileged Foreign $.
Privileged Foreign $.
35. Customs duties collected on merchandise entered into U.S. Customs territory from the operation during the year amounted to $ __________. 36. (Optional) Attachment field: You may attach any photographs of the operation or any information you feel may be useful. Public comment on this proposal is invited from interested parties. We ask that parties fax a copy of their comments, addressed to the Board's Executive Secretary, to (202) 482-0002 or e-mail comments to ftz@ita.doc.gov. We also ask that parties submit the original of their comments to the Board's Executive Secretary at the following address: U.S. Department of Commerce, Room 2111, 1401 Constitution Ave., NW., Washington, DC 20230. The closing period for the receipt of public comments is October 16, 2009. Any questions about this proposal should be directed to Elizabeth Whiteman at Elizabeth_Whiteman@ita.doc.gov or (202) 482-0473. Dated: September 3, 2009. Andrew McGilvray, Executive Secretary. [FR Doc. E9-22064 Filed 9-11-09; 8:45 am] BILLING CODE PResponses: 60.
Burden Hours: 1,800.
Abstract: The EU/U.S. Atlantis Program will support new types of cooperation in curriculum development and student exchanges between the U.S. and the European Union (EU). Consistent with the provisions of Public Law 105-244 (Title VII, Part B, Section 741 of the Higher Education Act as amended), the Fund for the Improvement of Postsecondary Education (FIPSE) works to improve postsecondary education through grants to postsecondary educational institutions and agencies. Such grants are awarded on the basis of competitively reviewed applications submitted to FIPSE under its Comprehensive and Special Focus grant competitions. The U.S. Department of Education is requesting approval of the grant application guidelines used to solicit applications for new grants under the Special Focus Program: EU-U.S. Atlantis Program. The EU-U.S. Atlantis Program has been funded annually since fiscal year 1996. This information collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1894-0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection. Requests for copies of the information collection submission for OMB review may be accessed from http://edicsweb.ed.gov , by selecting the “Browse Pending Collections” link and by clicking on link number 4106. When you access the information collection, click on “Download Attachments ” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to the Internet address ICDocketMgr@ed.gov or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov . Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339. [FR Doc. E9-22032 Filed 9-11-09; 8:45 am] BILLING CODE 4000-01-PResponses: 67.
Burden Hours: 67.
Abstract: This initiative involves three Adult Numeracy Instruction (ANI) Professional Development Institutes. Twenty teachers and ten program administrators from ten adult education programs from each of two states will participate in a field test of the professional development Institutes. The goals of the institutes are to: • Enhance teacher knowledge and use of research-based adult education mathematics standards. • Increase and deepen mathematics content knowledge among teacher participants. • Increase the repertoire of instructional skills among teachers working with adults in ABE, pre-GED, and GED classes. • Increase state capacity to support teachers in the area of mathematics instruction. The study will involve the administration of the following instruments: • Pre/Post surveys of participants. • Pre/Post administration of a cognitive assessment to participating teachers. • Post-professional development interviews with participating teachers and program administrators. Requests for copies of the information collection submission for OMB review may be accessed from http://edicsweb.ed.gov, by selecting the “Browse Pending Collections” link and by clicking on link number 4022. When you access the information collection, click on “Download Attachments ” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202-4537. Requests may also be electronically mailed to the Internet address ICDocketMgr@ed.gov or faxed to 202-401-0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339. [FR Doc. E9-22034 Filed 9-11-09; 8:45 am] BILLING CODE 4000-01-PU.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue, SW., Washington, DC 20585.
FOR FURTHER INFORMATION CONTACT:Larine Moore or Beverly Howard, U.S. Department of Energy (FE-34), Office of Oil and Gas Global Security and Supply, Office of Fossil Energy, Forrestal Building, Room 3E-042, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-9478; (202) 586-9387.
Edward Myers, U.S. Department of Energy, Office of the Assistant General Counsel for Fossil Energy and Energy Efficiency, Forrestal Building, Room 6B-159, 1000 Independence Ave., SW., Washington, DC 20585, (202) 586-3397.
SUPPLEMENTARY INFORMATION: Background ConocoPhillips is a Delaware corporation with its principal place of business in Houston, Texas. ConocoPhillips is an independent producer and seller of natural gas and an importer of LNG into the U.S. ConocoPhillips requests that the proposed authorization to export LNG requested herein be applicable to exports from the Freeport LNG Development, L.P. (FLNG) terminal. FLNG has previously received authorization from the Federal Energy Regulatory Commission (FERC) to site, construct and operate a new LNG import, storage, and vaporization terminal on Quintana Island, Texas and an associated 9.6-mile long send-out Federal Register / Vol. 74, No. 176 / Monday, September 14, 200946991 pipeline. 1 On July 1, 2008, FERC issued a letter Order granting FLNG's request to commence service at its Quintana Island import terminal. FLNG also received FERC authorization to modify its facilities so as to enable exports of LNG in addition to imports of LNG. 2 ConocoPhillips has a long-term terminal use agreement with FLNG for 0.9 Bcf per day of LNG storage and regasification capacity. No additional facility modifications will be required to enable ConocoPhillips to also export LNG from the FLNG terminal. 1 Freeport LNG Development, L.P., Order Granting Authorization Under Section 3 of the Natural Gas Act, 107 FERC ¶ 61,278 (2004); Order Granting Requests for Rehearing and Clarification, 108 FERC ¶ 61,253 (2004); and Order Amending Section 3 Authorization, 112 FERC ¶ 61,194 (2005). 2 See Freeport LNG Development, L.P., 127 FERC ¶ 61,105 (2009); Sabine Pass LNG, L.P., 127 FERC ¶ 61,200 (2009). On July 24, 2009, FE granted ConocoPhillips blanket authorization to import up to 500 Bcf of LNG from various international sources for a two-year term which began on August 1, 2009 and extends through July 30, 2011. 3 3 ConocoPhillips Company, DOE/FE Order No. 2673, issued July 24, 2009. Current Application In the instant application, ConocoPhillips is seeking blanket authorization to export LNG over a two-year period, on a short-term or spot market basis, in an amount up to the equivalent of 500 Bcf of natural gas, which has been imported into the U.S. ConocoPhillips is seeking this authorization so that it may sell in non-U.S. markets any LNG it has previously imported should U.S. market prices not support the sale of such imported LNG domestically. Public Interest Considerations In support of its application, ConocoPhillips states that there is no domestic reliance on the LNG that it seeks to export. Due to global LNG market conditions, U.S. natural gas demand and prices do not currently support the importation of LNG into the U.S, and export authorization is needed in order to enable the applicant to economically import LNG should U.S. market conditions change. ConocoPhillips also states in its application that local natural gas supplies will not be reduced. The applicant states that it intends to export only foreign sourced LNG, and does not intend to export domestically produced natural gas. Additionally, ConocoPhillips states that granting the requested authorization would make the importation of LNG into the U.S. more attractive because, once imported, ConocoPhillips will have the option of either selling into U.S. markets or exporting to other markets based upon prevailing market conditions. DOE/FE Evaluation This export application will be reviewed pursuant to section 3 of the Natural Gas Act, as amended, and the authority contained in DOE Delegation Order No. 00-002.00G (Jan. 29, 2007) and DOE Redelegation Order No. 00-002.04D (Nov. 6, 2007). In reviewing this LNG export application, DOE will consider domestic need for the gas, as well as any other issues determined to be appropriate, including whether the arrangement is consistent with DOE's policy of promoting competition in the marketplace by allowing commercial parties to freely negotiate their own trade arrangements. Parties that may oppose this application should comment in their responses on these issues. ConocoPhillips asserts the proposed authorization is in the public interest. Under section 3 of the Natural Gas Act, as amended, an LNG export from the U.S. to a foreign country must be authorized unless “the proposed exportation will not be consistent with the public interest.” Section 3 thus creates a statutory presumption in favor of approval of this application, and parties opposing the authorization bear the burden of overcoming this presumption. Additionally, the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., requires DOE to give appropriate consideration to the environmental effects of its proposed decisions. No final decision will be issued in this proceeding until DOE has met its NEPA responsibilities. Public Comment Procedures In response to this notice, any person may file a protest, motion to intervene or notice of intervention, as applicable, and written comments. Any person wishing to become a party to the proceeding and to have their written comments considered as a basis for any decision on the application must file a motion to intervene or notice of intervention, as applicable. The filing of a protest with respect to the application will not serve to make the protestant a party to the proceeding, although protests and comments received from persons who are not parties will be considered in determining the appropriate action to be taken on the application. All protests, motions to intervene, notices of intervention, and written comments must meet the requirements specified by the regulations in 10 CFR part 590. Protests, motions to intervene, notices of intervention, requests for additional procedures, and written comments should be filed with the Office of Oil and Gas Global Security and Supply at the address listed above. A decisional record on the application will be developed through responses to this notice by parties, including the parties' written comments and replies thereto. Additional procedures will be used as necessary to achieve a complete understanding of the facts and issues. A party seeking intervention may request that additional procedures be provided, such as additional written comments, an oral presentation, a conference, or trial-type hearing. Any request to file additional written comments should explain why they are necessary. Any request for an oral presentation should identify the substantial question of fact, law, or policy at issue, show that it is material and relevant to a decision in the proceeding, and demonstrate why an oral presentation is needed. Any request for a conference should demonstrate why the conference would materially advance the proceeding. Any request for a trial-type hearing must show that there are factual issues genuinely in dispute that are relevant and material to a decision and that a trial-type hearing is necessary for a full and true disclosure of the facts. If an additional procedure is scheduled, notice will be provided to all parties. If no additional procedures are adopted, a final Opinion and Order may be issued based on the official record, including the application and responses filed by parties pursuant to this notice, in accordance with 10 CFR 590.316. The application filed by ConocoPhillips Company is available for inspection and copying in the Office of Oil and Gas Global Security and Supply docket room, 3E-042, at the above address. The docket room is open between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The application is also available electronically by going to the following Web address: http://www.fe.doe.gov/programs/gasregulation/index.html. Issued in Washington, DC, on September 8, 2009. Robert F. Corbin, Manager, Natural Gas Regulatory Activities, Office of Oil and Gas Global Security and Supply, Office of Fossil Energy. [FR Doc. E9-21996 Filed 9-11-09; 8:45 am] BILLING CODE 6450-01-P1. Approval of the minutes of the August 17, 2009 Board member meeting.
2. Thrift Savings Plan activity report by the Executive Director.
a. Monthly Participant Activity Report.
b. Monthly Investment Performance Report.
c. Legislative Report.
3. Annual Budget Report.
a. Fiscal Year 2009 Results.
b. Fiscal Year 2010 Budget.
c. Fiscal Year 2011 Estimate.
Parts Closed to the Public4. Proprietary Information.
Contact Person for More Information: Thomas J. Trabucco, Director, Office of External Affairs, (202) 942-1640. Dated: September 10, 2009. Thomas K. Emswiler, Secretary, Federal Retirement Thrift Investment Board. [FR Doc. E9-22191 Filed 9-10-09; 4:15 pm] BILLING CODE 6760-01-P(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)
Dated: September 3, 2009. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E9-21997 Filed 9-11-09; 8:45 am] BILLING CODE 4140-01-P(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
Dated: September 3, 2009. Jennifer Spaeth, Director, Office of Federal Advisory Committee Policy. [FR Doc. E9-21999 Filed 9-11-09; 8:45 am] BILLING CODE 4140-01-PMeeting days: | Start time: | End time: |
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September 29, 2009 | 1 p.m | 5:30 p.m. |
September 30 and October 1, 2009 | 8 a.m | 5:30 p.m. |
Hardy Cemetery, 722 AR 225 E., Centerville, 09000798
Washington CountyStokenbury Cemetery, AR 16, Elkins, 09000799
Taylor-Swanson-Gifford House, 930 S. California Blvd., Fayetteville, 09000800
Woodruff CountyMorris, Dr. John William, Clinic, 118 W. Main St., McCrory, 09000801
CALIFORNIA Los Angeles CountyStevens House, 23524 Malibu Colony Rd., Malibu, 09000802
Nevada CountyCommercial Row—Brickelltown Historic District, Roughly the N. side of Donner Pass Rd. from Bridge St. westwards approx. 1,700 ft., Truckee, 09000803
San Bernardino CountyShady Point, 778 Shelter Cove Dr., Lake Arrowhead, 09000804
San Francisco CountyRoos House, 3500 Jackson St., San Francisco, 09000805
Tobin House, 1969 California St., San Francisco, 09000806
Tuolumne CountySonora Youth Center, 732 S. Barretta St., Sonora, 09000807
FLORIDA Orange CountyWarlow, Thomas Picton, Sr., House, 701 Driver Ave., Winter Park, 09000808
KANSAS Leavenworth CountyHelmers Manufacturing Company Building, 300 Santa Fe St./2500 2nd St., Leavenworth, 09000809
Republic CountyCuba Blacksmith Shop, 1/2 block W. of Baird St. on the Lynn St., Cuba, 09000810
Sedgwick CountyWichita High School, (Public Schools of Kansas MPS) 324 N. Emporia, Wichita, 09000811 Federal Register / Vol. 74, No. 176 / Monday, September 14, 200947019
MISSOURI Greene CountyPythian Home of Missouri, 1451 E. Pythian St., Springfield, 09000812
Jefferson CountyCentral Campus, 221 S. 3rd. St., De Soto, 09000813
Madison CountyFredericktown United States Post Office, 155 S. Main St., Fredericktown, 09000814
MONTANA Petroleum CountyWinnett Block, 301 E. Main St., Winnett, 09000815
NEW HAMPSHIRE Rockingham CountyPortsmouth Harbor Light, (Light Stations of the United States MPS) .3 mi. E. of Rt. 1B jct. with Wentworth Rd., Ft. Constitution SE corner, New Castle, 09000816
NEW MEXICO Cibola CountyAcoma Curio Shop, (Route 66 through New Mexico MPS) 1090 NM 124, San Fidel, 09000817
SOUTH CAROLINA Pickens CountyEasley Mill, 601 S. 5th St., Easley, 09000818
Richland CountyBenson, Florence C., Elementary School, (Segregation in Columbia, South Carolina MPS) 226 Bull St., Columbia, 09000819
WISCONSIN Kenosha CountyWISCONSIN shipwreck (iron steamer), (Great Lakes Shipwreck Sites of Wisconsin MPS) Address Restricted, Kenosha, 09000820
Oneida CountySutliff, Solon and Mathilda, House, 306 Dahl St., Rhinelander, 09000821
Request for REMOVAL has been made for the following resources: ARKANSAS Benton CountySpringfield to Fayetteville Rd—Brightwater Segment (Cherokee Trail of Tears MPS) N Old Wire Rd./Benton Cty Rd. 67, S of US 62 Brightwater, 04001513
Prairie CountyBarrett-Rogers Building 100 N. Hazen Ave. Hazen, 98000881
Sebastian CountySebastian County Road 5G Bridge (Historic Bridges of Arkansas MPS) Co. Rd. 5G over tributary of W. Cr. Hartford, 95000567
Washington CountyDodson Memorial Building (Public Schools in the Ozarks MPS) Jct. Of Pleasant St. And Emma Ave., NE corner Springdale, 92001118
KANSAS Jackson CountyShedd and Marshall Store 3rd and Whiting Sts. Whiting, 77000582
[FR Doc. E9-21968 Filed 9-11-09; 8:45 am] BILLING CODE PAgua Caliente Ranch Rural Historic Landscape, 12325 E. Roger Rd., Tucson vicinity, 04001246, LISTED, 7/09/09. (Cattle Ranching in Arizona MPS.)
CALIFORNIA Orange CountyCogged Stone Site—CA-ORA-83, Address Restricted, Huntington Beach vicinity, 01001455, DETERMINED ELIGIBLE, 7/10/09.
COLORADO El Paso CountyNorth Cheyenne Canon Park, 2120 N. Cheyenne Canon Rd., Colorado Springs, 09000489, LISTED, 7/08/09.
Grand CountyLittle Buckaroo Ranch Barn, 20631 Trail Ridge Rd., Rocky Mountain National Park, Grand Lake vicinity, 09000490, LISTED, 7/08/09.
GEORGIA Chatham CountyEureka Club—Farr's Point, 2326 E. Blvd., Savannah vicinity, 09000491, LISTED, 7/08/09.
Jasper CountyPope-Talmadge House, 2560 Calvin Rd., Monticello vicinity, 09000492, LISTED, 7/08/09.
KANSAS Butler CountyLoomis-Parry House, 1003 State St., Augusta, 09000495, LISTED, 7/08/09.
Crawford CountyFirst Presbyterian Church, 202 N. Summit, Girard, 09000496, LISTED, 7/08/09.
Douglas CountyMackie, George K., House, 1941 Massachusetts St., Lawrence, 09000497, LISTED, 7/08/09. (Lawrence, Kansas MPS.)
Sedgwick CountyPryor House, 263 S. Pershing, Wichita, 09000499, LISTED, 7/08/09. (Residential Resources of Wichita, Sedgwick County, Kansas 1870-1957.)
Van Arsdale, W.O., House, 201 N. Broadway, Wichita, 09000500, LISTED, 7/08/09. (Residential Resources of Wichita, Sedgwick County, Kansas 1870-1957.)
Winders Historic District, 1038-1040, 1044, and 1045 S. Topeka Ave., Wichita, 09000498, LISTED, 7/08/09. (Residential Resources of Wichita, Sedgwick County, Kansas 1870-1957.)
Trego CountyLipp Barn, 17054 103th Ave., Collyer, 09000501, LISTED, 7/08/09. (Agriculture-Related Resources of Kansas.)
MISSOURI Cape Girardeau CountyErlbacher Buildings, 1105 and 1107 Broadway, Cape Girardeau, 09000502, LISTED, 7/08/09.
Madison CountyFredericktown Courthouse Square Historic District, 110-145 E. Main St., 106-125 W. Main St., 110-120 S. Main St. and Court Federal Register / Vol. 74, No. 176 / Monday, September 14, 200947020 Square, Fredericktown, 09000503, LISTED, 7/08/09.
PENNSYLVANIA Luzerne CountySearch, George W., House, 56 S. Main St., Shickshinny, 09000387, LISTED, 7/10/09.
TENNESSEE Carter CountyShelving Rock Encampment, TN 143 and Smith Branch Rd., Roan Mountain vicinity, 09000533, LISTED, 7/10/09.
Jackson CountyJackson County High School, 707 School Dr., Gainesboro, 09000535, LISTED, 7/08/09.
McMinn CountyTrinity United Methodist Church, 100 E. College St., Athens, 09000537, LISTED, 7/07/09.
Shelby CountyIdlewild Presbyterian Church, 1750 Union Ave., Memphis, 09000539, LISTED, 7/07/09. (Memphis MPS.)
WASHINGTON King CountyNaval Reserve Armory, 860 Terry Ave. N., Seattle, 09000506, LISTED, 7/08/09.
Women's University Club of Seattle, 1105 6th Ave., Seattle, 09000507, LISTED, 7/10/09.
WISCONSIN Columbia CountyZion Evangelical Lutheran Church and Parsonage, 236 and 254 W. Mill St., Columbus, 09000509, LISTED, 7/08/09.
[FR Doc. E9-21969 Filed 9-11-09; 8:45 am] BILLING CODE 4310-70-P—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
—Evaluate the accuracy of the agencies' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
—Enhance the quality, utility, and clarity of the information to be collected; and
—Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Application for Limited Permit. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: None. Bureau of Alcohol, Tobacco, Firearms and Explosives. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Business or other for-profit. Other: None. Any person who intends to acquire explosives materials from a licensee or permittee in the State in which that person resides on no more than 6 occasions per year, must obtain a limited permit from ATF. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 40,000 respondents will take 30 seconds to submit the required information. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 2,000 annual total burden hours associated with this collection. If additional information is required contact: Lynn Bryant, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: September 9, 2009. Lynn Bryant, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. E9-22040 Filed 9-11-09; 8:45 am] BILLING CODE 4410-FY-P—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
—Evaluate the accuracy of the agencies' estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
—Enhance the quality, utility, and clarity of the information to be collected; and
—Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Notification of Change of Mailing or Premise Address. (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: None. Bureau of Alcohol, Tobacco, Firearms and Explosives. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Not-for-profit institutions. Other: Business or other for-profit. Licensees and permittees whose mailing address will change must notify the Chief, Federal Explosives Licensing Center, at least 10 days before the change. The information is used by ATF to identify correct locations of storage of explosives licensees/permittees and location of storage of explosives materials for purposes of inspection as well as to notify permitee/licensees of any change in regulations or laws that may affect their business activities. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: It is estimated that 1,000 respondents will take 10 minutes to respond via letter to the Federal Explosives Licensing Center. (6) An estimate of the total public burden (in hours) associated with the collection: There are an estimated 170 annual total burden hours associated with this collection. If additional information is required contact: Lynn Bryant, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: September 9, 2009. Lynn Bryant, Department Clearance Officer, PRA, U.S. Department of Justice. [FR Doc. E9-22042 Filed 9-11-09; 8:45 am] BILLING CODE 4410-FY-Pmay be so imported under such regulations as the Attorney General shall prescribe.
* * * (d)(1) With respect to a registrant under section 958 who is authorized under subsection (a)(1) to import ephedrine, pseudoephedrine, or phenylpropanolamine, Federal Register / Vol. 74, No. 176 / Monday, September 14, 200947022 at any time during the year the registrant may apply for an increase in the amount of such chemical that the registrant is authorized to import, and the Attorney General may approve the application if the Attorney General determines that the approval is necessary to provide for medical, scientific, or other legitimate purposes regarding the chemical. Editor's Note: This excerpt of the amendment is published for the convenience of the reader. The official text is published at 21 U.S.C. 952(a) and (d)(1). The proposed 2010 Assessment of Annual Needs represents those quantities of ephedrine, pseudoephedrine, and phenylpropanolamine which may be manufactured domestically and/or imported into the United States to provide adequate supplies of each substance to meet the estimated medical, scientific, research, and industrial needs of the United States; lawful export requirements; and the establishment and maintenance of reserve stocks. As of August 4, 2009, the DEA had received a total of 134 applications for 2010 import, procurement and manufacturing quotas for ephedrine, pseudoephedrine and phenylpropanolamine. As a comparison, for the 2009 quota year DEA has received 201 applications for import, procurement and manufacturing quotas. DEA calculated the 2010 Assessment of Annual Needs for the List I chemicals using the calculation methodology described in both the interim and final 2009 Assessment of Annual Needs (73 FR 79508 and 74 FR 32954, respectively). The phenylpropanolamine (for conversion) calculation has been modified to account for additional information. These calculations take into account the criteria that DEA is required to consider in accordance with 21 U.S.C. 826 and its implementing regulations (21 CFR 1315.11). In finalizing the assessments for these List I chemicals, DEA will consider the information contained in additional applications for 2010 import, manufacturing and procurement quotas from DEA registered manufacturers and importers that DEA receives after August 4, 2009, as well as the comments that DEA receives in response to this proposal. Underlying Data and DEA's Analysis In determining the proposed 2010 assessments, DEA has considered the total net disposals ( i.e. sales) of the list I chemicals for the current and preceding two years, actual and estimated inventories, projected demand (2010), industrial use, and export requirements from data provided by DEA registered manufacturers and importers in procurement quota applications (DEA 250), from manufacturing quota applications (DEA 189), and from import quota applications (DEA 488). 1 1 Applications and instructions for procurement, import and manufacturing quotas can be found at http://www.deadiversion.usdoj.gov/quotas/quota_apps.htm. DEA further considered trends as derived from information provided in applications for import, manufacturing, and procurement quotas and in import and export declarations. DEA notes that the inventory, acquisitions (purchases) and disposition (sales) data provided by DEA registered manufacturers and importers reflects the most current information available. Ephedrine Data Sales * (DEA 250) 1,509 1,988 2,107 2,486 Imports ** (DEA 488) 1 3 42 17 Export Declarations (DEA 486) 168 91 10 n/a Inventory * (DEA 250) 714 421 176 n/a IMS *** (NSP) 1,235 1,460 n/a n/a(Kilograms) | ||||
Ephedrine | 2007 | 2008 | 2009 | 2010 Request |
---|---|---|---|---|
Sales * (DEA 250) | 1,509 | 1,988 | 2,107 | 2,486 |
Imports ** (DEA 488) | 1 | 3 | 42 | 17 |
Export Declarations (DEA 486) | 168 | 91 | 10 | n/a |
Inventory * (DEA 250) | 714 | 421 | 176 | n/a |
IMS *** (NSP) | 1,235 | 1,460 | n/a | n/a |
* Reported sales and inventory from applications for 2010 procurement quotas (DEA 250) | ||||
** Reported imports from applications for 2010 import quotas (DEA 488) | ||||
*** IMS Health, IMS National Sales Perspectives TM , January 2007 to December 2008, Retail and Non-Retail Channels, Data Extracted August 4, 2009. |
2009 sales + reserve stock + export requirement−existing inventory = AAN
2,107 + (50%*2,107) + 51−176 = 3,036 kg ephedrine (for sale) for 2010
This calculation suggests that DEA's Assessment of Annual Needs for ephedrine should be proposed to be 3,100 kg. Accordingly, DEA is proposing the 2010 Assessment of Annual Needs for ephedrine (for sale) at 3,100 kg. Phenylpropanolamine (for Sale) Data Sales * (DEA 250) 3,674 4,119 4,452 5,680 Imports ** (DEA 488) 73 79 134 263 Export Declarations (DEA 486) 1,002 0 3 n/a Inventory * (DEA 250) 3,498 2,045 573 n/a[Kilograms] | ||||
Phenylpropanolamine (for sale) | 2007 | 2008 | 2009 | 2010 Request |
---|---|---|---|---|
Sales * (DEA 250) | 3,674 | 4,119 | 4,452 | 5,680 |
Imports ** (DEA 488) | 73 | 79 | 134 | 263 |
Export Declarations (DEA 486) | 1,002 | 0 | 3 | n/a |
Inventory * (DEA 250) | 3,498 | 2,045 | 573 | n/a |
* Reported sales and inventory from applications for 2010 procurement quotas (DEA 250) received as of August 4, 2009. | ||||
** Reported imports from applications for 2010 import quotas (DEA 488) received as of August 4, 2009. |
2009 sales + reserve stock + export requirement − existing inventory = AAN
4,452 + (50%*4,452) + 2 − 573 = 6,107 kg phenylpropanolamine (for sale) for 2010
This calculation suggests that DEA's 2010 Assessment of Annual Needs for phenylpropanolamine (for sale) should be proposed at 6,100 kg. Accordingly, DEA is proposing the 2010 Assessment of Annual Needs for phenylpropanolamine (for sale) at 6,100 kg. Pseudoephedrine (for Sale) Data Sales * (DEA 250) 204,028 179,566 236,650 196,912 Sales * (DEA 189) 100,300 64,781 33,600 32,760 Imports ** (DEA 488) 44,499 60,300 147,002 78,884 Export Declarations (DEA 486) 42,142 85,757 18,974 n/a Inventory * (DEA 250) 132,838 114,795 61,613 n/a IMS *** (NSP) 180,172 149,110 n/a n/a[Kilograms] | ||||
Pseudoephedrine (for sale) | 2007 | 2008 | 2009 | 2010 Request |
---|---|---|---|---|
Sales * (DEA 250) | 204,028 | 179,566 | 236,650 | 196,912 |
Sales * (DEA 189) | 100,300 | 64,781 | 33,600 | 32,760 |
Imports ** (DEA 488) | 44,499 | 60,300 | 147,002 | 78,884 |
Export Declarations (DEA 486) | 42,142 | 85,757 | 18,974 | n/a |
Inventory * (DEA 250) | 132,838 | 114,795 | 61,613 | n/a |
IMS *** (NSP) | 180,172 | 149,110 | n/a | n/a |
* Reported sales and inventory from applications for 2010 procurement quotas (DEA 250) and manufacturing quotas (DEA 189) received as of August 4, 2009. | ||||
** Reported imports from applications for 2010 import quotas (DEA 488) received as of August 4, 2009. | ||||
*** IMS Health, IMS National Sales Perspectives TM , January 2007 to December 2008, Retail and Non-Retail Channels, Data Extracted August 4, 2009. |
2009 sales + reserve stock + export requirement − existing inventory = AAN
236,650 + (50%*236,650) + 52,366 − 61,613 = 345,728 kg pseudoephedrine (for sale) for 2010.
This calculation suggests that DEA's 2010 Assessment of Annual Needs for pseudoephedrine (for sale) should be proposed at 346,000 kg. Accordingly, DEA is proposing the 2010 Assessment of Annual Needs for pseudoephedrine (for sale) at 346,000 kg. Phenylpropanolamine (for Conversion) Data Sales * (DEA 250) 3,621 10,834 13,582 14,900 Imports ** (DEA 488) 1,000 3,225 6,514 6,108 Export Declarations (DEA 486) 0 0 0 n/a Inventory * (DEA 250) 3,581 5,533 4,103 n/a APQ Amphetamine *** 17,000 22,000 22,000 n/a[Kilograms] | ||||
Phenylpropanolamine (for conversion) | 2007 | 2008 | 2009 | 2010 Request |
---|---|---|---|---|
Sales * (DEA 250) | 3,621 | 10,834 | 13,582 | 14,900 |
Imports ** (DEA 488) | 1,000 | 3,225 | 6,514 | 6,108 |
Export Declarations (DEA 486) | 0 | 0 | 0 | n/a |
Inventory * (DEA 250) | 3,581 | 5,533 | 4,103 | n/a |
APQ Amphetamine *** | 17,000 | 22,000 | 22,000 | n/a |
* Reported sales and inventory from applications for 2010 procurement quotas (DEA 250) received as of August 4, 2009. | ||||
** Reported imports from applications for 2010 import quotas (DEA 488) received as of August 4, 2009. | ||||
*** Amphetamine Aggregate Production Quota History http://www.deadiversion.usdoj.gov/quotas/quota_history.htm. |
(2009 sales) + reserve stock + export requirement − inventory = AAN (13,582) +
50%*(13,582) + 0 − 4,103 = 16,270 kg PPA (for conversion) for 2009
This calculation suggests that DEA's 2009 Assessment of Annual Needs for phenylpropanolamine (for conversion) should be proposed at 16,500 kg. Accordingly, DEA is proposing the 2010 Assessment of Annual Needs for phenylpropanolamine (for conversion) at 16,500 kg. Ephedrine (for Conversion) Data Sales * (DEA 250) 99,622 64,522 40,403 40,646 Imports ** (DEA 488) 99,594 64,128 39,897 40,000 Inventory * (DEA 250) 13 160 254 n/a APQ Methamphetamine *** 3,130 3,130 3,130 n/a[Kilograms] | ||||
Ephedrine (for conversion) | 2007 | 2008 | 2009 | 2010 Request |
---|---|---|---|---|
Sales * (DEA 250) | 99,622 | 64,522 | 40,403 | 40,646 |
Imports ** (DEA 488) | 99,594 | 64,128 | 39,897 | 40,000 |
Inventory * (DEA 250) | 13 | 160 | 254 | n/a |
APQ Methamphetamine *** | 3,130 | 3,130 | 3,130 | n/a |
* Reported sales and inventory from applications for 2010 procurement quotas (DEA 250) and manufacturing quotas (DEA 189) received as of August 4, 2009. | ||||
** Reported imports from applications for 2010 import quotas (DEA 488) received as of August 4, 2009. | ||||
*** Methamphetamine Aggregate Production Quota History http://www.deadiversion.usdoj.gov/quotas/quota_history.htm. |
methamphetamine requirement + pseudoephedrine requirement = AAN
DEA calculated the ephedrine (for conversion) requirement for the manufacture of methamphetamine as follows:(2009 APQ methamphetamine/39% yield) + reserve stock − inventory = ephedrine
(for manufacture of methamphetamine) (3,130/39% yield) + 50%*(3,130/39% yield) − 46 = 11,993 kg
The calculation for the ephedrine (for conversion) requirement for the manufacture of pseudoephedrine leads to a result of 63,157 kg. DEA cannot provide the details of the calculation because this would reveal the conversion yield for the synthesis of pseudoephedrine, which is proprietary to the one manufacturer involved in this type of manufacturing. Therefore, the assessment for ephedrine was determined by the sum total of the ephedrine (for conversion) requirements as described by the following methodology:methamphetamine requirement + pseudoephedrine requirement = AAN
11,993 + 63,157 = 75,150 kg ephedrine (for conversion) for 2010
This calculation suggests that DEA's 2010 Assessment of Annual Needs for ephedrine (for conversion) should be proposed at 75,000 kg. Accordingly, DEA is proposing the 2010 Assessment of Annual Needs for ephedrine (for conversion) at 75,000 kg. Conclusion In finalizing the 2010 assessments for these list I chemicals, DEA will use the methodology and calculations presented above. The numbers used in the calculations may be adjusted upwards or downwards based on the additional applications for 2010 import, manufacturing and procurement quotas received after August 4, 2009. DEA urges registered importers and manufacturers to submit applications for 2010 import, manufacturing and procurement quota so that DEA may include information from those applications when finalizing these assessments in accordance with 21 CFR 1315. Therefore, under the authority vested in the Attorney General by Section 306 of the CSA (21 U.S.C. 826), and delegated to the Administrator of the DEA by 28 CFR 0.100, and redelegated to the Deputy Administrator pursuant to 28 CFR 0.104, the Deputy Administrator hereby proposes the following 2010 Assessment of Annual Needs for the List I chemicals ephedrine, pseudoephedrine, and phenylpropanolamine for 2010, expressed in kilograms of anhydrous base: Ephedrine (for sale) 3,100 kg. Phenylpropanolamine (for sale) 6,100 kg. Pseudoephedrine (for sale) 346,000 kg. Phenylpropanolamine (for conversion) 16,500 kg. Ephedrine (for conversion) 75,000 kg.List I Chemicals | Proposed Year 2010 Assessment of Annual Needs |
---|---|
Ephedrine (for sale) | 3,100 kg. |
Phenylpropanolamine (for sale) | 6,100 kg. |
Pseudoephedrine (for sale) | 346,000 kg. |
Phenylpropanolamine (for conversion) | 16,500 kg. |
Ephedrine (for conversion) | 75,000 kg. |
Withdrawn test standards | Replacement test standards |
---|---|
ANSI C37.38—Gas Insulated, Metal Enclosed Disconnecting, Interrupter and Grounding Switches | None known. |
ANSI C37.72—Manually Operated Dead Front, Pad-Mounted Switchgear with Load Interrupting Switches and Separable Connectors for Alternating Current System | None known. |
ANSI C57.12.28—Switchgear and Transformers Pad-Mounted Equipment Enclosure Integrity | None known. |
ANSI ICS 2—Industrial Control Devices, Controllers and Assemblies | None known. |
UL 3—Flexible Nonmetallic Tubing for Electric Wiring | None known. |
ANSI/NFPA 11A—Medium and High Expansion Foam Systems | None known. |
UL 45—Portable Electric Tools | UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements. |
ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems | None known. |
UL 298—Portable Electric Hand Lamps | UL 153—Portable Electric Luminaires 1 |
UL 351—Rosettes | None known. |
UL 486B—Wire Connectors. | UL 486A-486B—Wire Connectors. |
UL 511—Porcelain Electrical Cleats, Knobs, and Tubes | None known. |
UL 1004A—Fire Pump Motors | UL 1004-1—Rotating Electrical Machines—General Requirements 2 ; and UL 1004-5—Fire Pump Motors. |
UL 1020—Thermal Cutoffs for Use in Electrical Appliances and Components | UL 60691—Thermal-Links—Requirements and Application Guide. |
UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations | None known. |
UL 1262—Laboratory Equipment | UL 61010A-1 1 —Electrical Equipment For Laboratory Use; Part 1: General Requirements. |
UL 1585—Class 2 and Class 3 Transformers. | UL 5085-1—Low Voltage Transformers—Part 1: General Requirements; and UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers. |
UL 2083—Halon 1301 Recovery/Recycling Equipment | None known. |
UL 2125—Motor Operated Air Compressors for Use in Sprinkler Systems | None known. |
UL 3044—Surveillance Closed Circuit Television Equipment | None known. |
UL 3—Flexible Nonmetallic Tubing for Electric Wiring
UL 45—Portable Electric Tools
UL 298—Portable Electric Hand Lamps
UL 351—Electrical Rosettes
UL 486B—Wire Connectors
UL 511—Porcelain Electrical Cleats, Knobs, and Tubes
UL 1020—Thermal Cutoffs for Use in Electrical Appliances and Components
UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations
UL 1262—Laboratory Equipment
UL 1585—Class 2 and Class 3 Transformers
UL 2083—Halon 1301 Recovery/Recycling Equipment
UL 2125—Motor-Operated Air Compressors for Use in Sprinkler Systems (Note: The title in OSHA's web page is shown incorrectly as Vehicle Battery Adapters.)
Replacement Test StandardsUL 486A-486B—Wire Connectors
UL 5085-1—Low Voltage Transformers—Part 1: General Requirements
UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers
UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements
UL 60691—Thermal-Links—Requirements and Application Guide
Curtis-Straus LLC (Docket No. OSHA-2009-0026) Withdrawn Test StandardUL 3111-1—Electrical Measuring and Test Equipment, Part 1: General Requirements
Replacement Test StandardUL 61010B-1—Electrical Measuring and Test Equipment; Part 1: General Requirements
FM Approvals LLC (Docket No. OSHA-2007-0041) Withdrawn Test StandardsANSI ICS 2—Industrial Control Devices, Controllers and Assemblies
ANSI/NFPA 11A—Medium and High Expansion Foam Systems
ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems
UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations
UL 1262—Laboratory Equipment
Replacement Test StandardUL 61010A-1—Electrical Equipment For Laboratory Use; Part 1: General Requirements
Intertek Testing Services NA, Inc. (Docket No. OSHA-2007-0039) Withdrawn Test StandardsANSI C37.38—Gas-Insulated, Metal-Enclosed Disconnecting, Interrupter and Grounding Switches
ANSI ICS 2—Industrial Control Devices, Controllers and Assemblies
UL 3—Flexible Nonmetallic Tubing for Electric Wiring
ANSI/NFPA 11A—Medium and High Expansion Foam Systems
UL 45—Portable Electric Tools
ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems
UL 298—Portable Electric Hand Lamps
UL 486B—Wire Connectors
UL 1020—Thermal Cutoffs for Use in Electrical Appliances and Components
UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations
UL 1262—Laboratory Equipment
UL 1585—Class 2 and Class 3 Transformers
UL 2083—Halon 1301 Recovery/Recycling
UL 2125—Motor-Operated Air Compressors for Use in Sprinkler Systems
UL 3044—Surveillance Closed Circuit Television Equipment
Replacement Test StandardsUL 486A-486B—Wire Connectors
UL 5085-1—Low Voltage Transformers—Part 1: General Requirements
UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers
UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General
UL 60691—Thermal-Links—Requirements and Application Guide (for UL 1020)
MET Laboratories, Inc. (Docket No. OSHA-2006-0028) Withdrawn Test StandardsUL 45—Portable Electric Tools
UL 298—Portable Electric Hand Lamps
UL 1262—Laboratory Equipment
UL 1585—Class 2 and Class 3 Transformers
UL 3044—Surveillance Closed Circuit Television Equipment
Replacement Test StandardsUL 5085-1—Low Voltage Transformers—Part 1: General Requirements
UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers
UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General
SGS U.S. Testing Company, Inc. (Docket No. OSHA-2006-0040) Withdrawn Test StandardUL 3—Flexible Nonmetallic Tubing for Electric Wiring
Replacement Test StandardsNone
TUV America, Inc. (Docket No. OSHA-2009-0027) Withdrawn Test StandardsUL 45—Portable Electric Tools
UL 1585—Class 2 and Class 3 Transformers
Replacement StandardsUL 5085-1—Low Voltage Transformers—Part 1: General Requirements
UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers
UL 60745-1—Already in TUVAM's scope
TUV Product Services GmbH (Docket No. OSHA-2005-022) Withdrawn Test StandardsUL 298—Portable Electric Hand Lamps
UL 1585—Class 2 and Class 3 Transformers
Replacement Test StandardsUL 153—Portable Electric Luminaires
UL 5085-1—Low Voltage Transformers—Part 1: General Requirements
UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers
TUV Rheinland of North America, Inc. (Docket No. OSHA-2007-0042) Withdrawn Test StandardsUL 45—Portable Electric Tools
ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems
UL 298—Portable Electric Hand Lamps
UL 1262—Laboratory Equipment
UL 1585—Class 2 and Class 3 Transformers
UL 3044—Surveillance Closed Circuit Television Equipment Federal Register / Vol. 74, No. 176 / Monday, September 14, 200947029
UL 60730-1—Automatic Electrical Controls for Household and Similar Use; Part 1: General Requirements 3
3 Previously withdrawn— see http://www.osha.gov/dts/otpca/nrtl/stdsderecgn.html , Note “*” concerning notice published on January 6, 2003 (68 FR 579-583). Replacement Test StandardsUL 5085-1—Low Voltage Transformers—Part 1: General Requirements
UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers
UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements
Underwriters Laboratories Inc. (Docket No. OSHA-2009-0025) Withdrawn Test StandardsANSI/IEEE C37.38—Gas-Insulated, Metal-Enclosed Disconnecting, Interrupter and Grounding Switches
ANSI C37.72—Manually-Operated Dead-Front, Pad-Mounted Switchgear with Load-Interrupting Switches and Separable Connectors for Alternating-Current System
ANSI C57.12.28—Switchgear and Transformers—Pad-Mounted Equipment—Enclosure Integrity
UL 3—Flexible Nonmetallic Tubing for Electric Wiring
ANSI/NFPA 11A—Medium and High Expansion Foam Systems
UL 45—Portable Electric Tools
ANSI/NFPA 72—Installation, Maintenance, and Use of Protective Signaling Systems
UL 298—Portable Electric Hand Lamps
UL 351—Electrical Rosettes
UL 486B—Wire Connectors
UL 511—Porcelain Electrical Cleats, Knobs, and Tubes
UL 1004A—Fire Pump Motors
UL 1020—Thermal Cutoffs for Use in Electrical Appliances and Components
UL 1207—Sewage Pumps for Use in Hazardous (Classified) Locations
UL 1262—Laboratory Equipment
UL 1585—Class 2 and Class 3 Transformers
UL 2083—Halon 1301 Recovery/Recycling Equipment
UL 2125—Motor-Operated Air Compressors for Use in Sprinkler Systems
UL 3044—Surveillance Closed Circuit Television Equipment
Replacement Test StandardsUL 486A-486B—Wire Connectors
UL 1004-5—Fire Pump Motors
UL 5085-1—Low Voltage Transformers—Part 1: General Requirements
UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers
UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements
UL 60691—Thermal-Links—Requirements and Application Guide
Wyle Laboratories, Inc. (Docket No. OSHA-2006-0029) Withdrawn Test StandardsUL 45—Portable Electric Tools
UL 486B—Wire Connectors
UL 1262—Laboratory Equipment
UL 1585—Class 2 and Class 3 Transformers
Replacement Test StandardsUL 486A-486B—Wire Connectors
UL 5085-1—Low Voltage Transformers—Part 1: General Requirements
UL 5085-3—Low Voltage Transformers—Part 3: Class 2 and Class 3 Transformers
UL 60745-1—Hand-Held Motor-Operated Electric Tools—Safety—Part 1: General Requirements
V. Authority and Signature Jordan Barab, Acting Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue, NW., Washington, DC 20210, directed the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to Sections 6(b) and 8(g) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655 and 657), Secretary of Labor's Order No. 5-2007 (72 FR 31160), and 29 CFR Part 1911. Signed at Washington, DC, on September 4th, 2009. Jordan Barab, Acting Assistant Secretary for Occupational Safety and Health. [FR Doc. E9-22004 Filed 9-11-09; 8:45 am] BILLING CODE 4510-26-POctober 26, 2009, 8:30 a.m.-4:30 p.m.
October 27, 2009, 9 a.m.-5 p.m.
October 28, 2009, 8:30 a.m.-11 a.m.
Location: Holiday Inn Express, 920 Broadway, Nashville, TN 37203. Status:October 26, 2009, 8:30 a.m.-4:30 p.m.—Open
October 27, 2009, 9 a.m.-5 p.m.—Open
October 28, 2009, 8 a.m.-8:30 a.m.—Closed Executive Session
October 28, 2009, 8:30 a.m.-11 a.m.—Open
Agenda: Public Comment Sessions; Emergency Preparedness; Housing; Health Care; Developmental Disabilities and Bill of Rights Act, Workforce Infrastructure, International Development, National Summit on Disability Policy 2010, United States Marine Corps Research Project, 2011 Strategic Planning, Reports from the Chairperson, Council Members, and the Executive Director; Unfinished Business; New Business; Announcements; Adjournment. Sunshine Act Meeting Contact: Mark S. Quigley, Director of External Affairs, NCD, 1331 F Street, NW., suite 850, Washington, DC 20004; 202-272-2004 (voice), 202-272-2074 (TTY), 202-272-2022 (fax). Agency Mission: NCD is an independent federal agency, composed of 15 members appointed by the President, by and with the consent of the U.S. Senate. The purpose of the NCD is to promote policies, programs, practices, and procedures that guarantee equal opportunity for all individuals with disabilities, and that empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society. To carry out this mandate we gather public and stakeholder input, including that received at our public meetings held around the country; review and evaluate federal programs and legislation; and provide the President, Congress and federal agencies with advice and recommendations. Accommodations: Those needing reasonable accommodations should notify NCD immediately. Dated: September 3, 2009. Michael C. Collins, Executive Director. [FR Doc. E9-21989 Filed 9-11-09; 8:45 am] BILLING CODE 6820-MA-P9:25 a.m.
Affirmation Session (Public Meeting) (Tentative). Final Rule Establishing Criminal Penalties for the Unauthorized Introduction of Weapons into Facilities Designated by the Nuclear Regulatory Commission. (Tentative)
This meeting will be webcast live at the Web address— http://www.nrc.gov.9:30 a.m.
Periodic Briefing on New Reactor Issues—Progress in Resolving Inspections, Tests, Analysis, and Acceptance Criteria (ITAAC) Closure (Public Meeting). (Contact: Debby Johnson, 301-415-1415.)
This meeting will be webcast live at the Web address— http://www.nrc.gov Week of September 28, 2009—Tentative Wednesday, September 30, 20099:30 a.m.
Discussion of Management Issues (Closed—Ex. 2).
Week of October 5, 2009—Tentative There are no meetings scheduled for the week of October 5, 2009. Week of October 12, 2009—Tentative There are no meetings scheduled for the week of October 12, 2009. Week of October 19, 2009—Tentative There are no meetings scheduled for the week of October 19, 2009. * * * * * * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings, call (recording)—(301) 415-1292. Contact person for more information: Rochelle Bavol, (301) 415-1651. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/about-nrc/policy-making/schedule.html . * * * * * The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format ( e.g. braille, large print), please notify the NRC's Disability Program Coordinator, Rohn Brown, at 301-492-2279, TDD: 301-415-2100, or by e-mail at rohn.brown@nrc.gov . Determinations on requests for reasonable accommodation will be made on a case-by-case basis. * * * * * This notice is distributed electronically to subscribers. If you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969), or send an e-mail to darlene.wright@nrc.gov . Dated: September 9, 2009. Rochelle C. Bavol, Office of the Secretary. [FR Doc. E9-22211 Filed 9-10-09; 4:15 pm] BILLING CODE 7590-01-PAll submissions should refer to File Number SR-Phlx-2009-78. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( http://www.sec.gov/rules/sro.shtml ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2009-78 and should be submitted on or before October 5, 2009.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 23 23 17 CFR 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E9-21993 Filed 9-11-09; 8:45 am] BILLING CODE 8010-01-PAll submissions should refer to File Number SR-CBOE-2009-063. This file number should be included on the subject line if e-mail is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site ( http://www.sec.gov/rules/sro.shtml ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Federal Register / Vol. 74, No. 176 / Monday, September 14, 200947036 Section, 100 F Street, NE., Washington, DC 20549 on official business days between the hours of 10 a.m. and 3 p.m.. Copies of such filing also will be available for inspection and copying at the principal office of the CBOE. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CBOE-2009-063 and should be submitted on or before October 2, 2009.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 14 14 17 C.F.R. 200.30-3(a)(12). Florence E. Harmon, Deputy Secretary. [FR Doc. E9-21994 Filed 9-11-09; 8:45 am] BILLING CODE 8010-01-P• Acceptance of the following documents to complete further SPR work by Dec 09:
• First draft of D-TAXI Graphic OSD
• First draft of 4DTRAD OSD
• First draft of FLIPINT OSD
• First draft of D-RVR
• First draft of D-HXWZ Federal Register / Vol. 74, No. 176 / Monday, September 14, 200947038
• Acceptance of the proposed resolution of WP1 Open issues
• Review of Oceanic position paper
• Review ATS functions Section position paper
• Review the ATSA-ITP position paper
• Progress on WP2 OSA & OPA
• Progress on WP2 Material integration into Integrated SPR
• Progress on interoperability material
• Review and update the work plan as required
Agenda Day 1: Joint Sub-Group Meetings Morning & Afternoon• Sub-Groups coordination
• SG meetings
Days 2, 3: SG Comment Resolution Working Sessions Morning & Afternoon• WP1 Sub-group:
• D-TAXI Graphics OSD sub-Group
• WP1 Open issues sub-group
• WP2 Sub-Group:
• WP2 OSA & OPA sub-group
• WP2 material Integration sub-group
• Interop Sub-Group
Day 4: Plenary• Welcome/Introductions/Administrative Remarks
• Election of European Co-Chair
• Approval of the Agenda
• Approval of the Minutes of Plenary 7
• Review Actions
• Review of the work so far
• SC-214/WG-78 Work Plan and TORs
• SC-206/WG-76 Coordination
• SC-186/WG-51 Coordination
• Sub-Group Progress reports
• Review of Oceanic Position paper
• Review of ATS Function definition Position paper
• Review of ATSA-ITP Position paper
• Subgroups progress reports
• Document Approvals
• Review Committee Plan—Master Schedule
• Review Dates, Location and Agenda for Next Meeting
• Any Other Business (GOLD paper)
Day 5: SGs Meetings Morning & Afternoon• Implementation of Plenary agreed actions
Additional Information: All the documents to be reviewed can be found at the website http://www.faa.gov/go/SC214 under the Plenary 8 folder. Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Issued in Washington, DC, on September 8, 2009 Francisco Estrada C., RTCA Advisory Committee. [FR Doc. E9-22025 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-P• Acceptance of the following documents to complete further SPR work by Dec 09:
• First draft of D-TAXI Graphic OSD
• First draft of 4DTRAD OSD
• First draft of FLIPINT OSD
• First draft of D-RVR
• First draft of D-HXWZ
• Acceptance of the proposed resolution of WP1 Open issues
• Review of Oceanic position paper
• Review ATS functions Section position paper
• Review the ATSA-ITP position paper
• Progress on WP2 OSA & OPA
• Progress on WP2 Material integration into Integrated SPR
• Progress on interoperability material
• Review and update the work plan as required
Agenda Day 1: Joint Sub-Group Meetings Morning & Afternoon• Sub-Groups coordination
• SG meetings
Days 2, 3: SG Comment Resolution Working Sessions Morning & Afternoon• WP1 Sub-group
• D-TAXI Graphics OSD sub-Group
• WP1 Open issues sub-group
• WP2 Sub-Group:
• WP2 OSA & OPA sub-group
• WP2 material Integration sub-group
• Interop Sub-Group
Day 4: Plenary• Welcome/Introductions/Administrative Remarks
• Election of European Co-Chair
• Approval of the Agenda
• Approval of the Minutes of Plenary 7
• Review Actions
• Review of the work so far
• SC-214/WG-78 Work Plan and TORs
• SC-206/WG-76 Coordination
• SC-186/WG-51 Coordination
• Sub-Group Progress reports
• Review of Oceanic Position paper
• Review of ATS Function definition Position paper
• Review of ATSA-ITP Position paper
• Subgroups progress reports
• Document Approvals
• Review Committee Plan—Master Schedule
• Review Dates, Location and Agenda for Next Meeting
• Any Other Business (GOLD paper)
Day 5: SGs Meetings Morning & Afternoon• Implementation of Plenary agreed actions
Additional Information: All the documents to be reviewed can be found at the Web site http://www.faa.gov/go/SC214 under the Plenary 8 folder. Attendance is open to the interested public but limited to space availability. With the approval of the chairmen, members of the public may present oral statements at the meeting. Persons wishing to present statements or obtain information should contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Members of the public may present a written statement to the committee at any time. Federal Register / Vol. 74, No. 176 / Monday, September 14, 200947039 Issued in Washington, DC, on September 8, 2009. Francisco Estrada C., RTCA Advisory Committee. [FR Doc. E9-22026 Filed 9-11-09; 8:45 am] BILLING CODE 4910-13-P1. INSUMOS ECOLOGICOS DE ORIENTE, S.A. DE C.V., Jose I Solorzano 746, Colonia Jardines Alcalde, Guadalajara, Jalisco 44290, Mexico; R.F.C. IEO0806245A3 (Mexico); (ENTITY) [SDNTK].
2. ALIMENTOS SELECTOS SAN FRANCISCO S.P.R. DE R.L., Chicharo 2680, Colonia Mercado de Abastos, Guadalajara, Jalisco 44530, Mexico; Rinconada de la Floresta 1243, Colonia Rinconada del Bosque, Guadalajara, Jalisco 44530, Mexico; R.F.C. ASS040427676 (Mexico); (ENTITY) [SDNTK].
Individuals1. BRAMBILA MARTINEZ, Aurora, c/o PRODUCTOS FARMACEUTICOS COLLINS, S.A. DE C.V., Zapopan, Jalisco, Mexico; c/o INSUMOS ECOLOGICOS DEL ORIENTE, S.A. DE C.V., Guadalajara, Jalisco, Mexico; Avenida Obregon 180, Colonia Puente Grande, Jalisco, Mexico; DOB 15 Dec 1965; POB Mexico; Citizen Mexico; Nationality Mexico; C.U.R.P. BAMA651215MJCRRR05 (Mexico); C.U.R.P. BAMA651215MMCRRR04 (Mexico); R.F.C. BAMA651215DI7 (Mexico); Contadora Publica; (INDIVIDUAL) [SDNTK].
2. ESPINOSA DE LOS MONTEROS RICO, Felipe De Jesus (a.k.a. ESPINOSA DE LOS RICO, Felipe de Jesus; a.k.a. ESPINOZA DE LOS MONTEROS, Felipe); c/o PRODUCTOS FARMACEUTICOS COLLINS, S.A. DE C.V., Zapopan, Jalisco, Mexico; c/o INSUMOS ECOLOGICOS DEL ORIENTE, S.A. DE C.V., Guadalajara, Jalisco, Mexico; c/o SALUD NATURAL MEXICANA, S.A. DE C.V., Zapopan, Jalisco, Mexico; Mexico; Avenida Naciones Unidas 5989, Cond. Ibiza Casa 34, Zapopan, Jalisco 45110, Mexico; DOB 15 Jun 1962; Alt. DOB 15 Jan 1962; POB Mexico City; Citizen Mexico; Nationality Mexico; Passport 00140030868 (Mexico); (INDIVIDUAL) [SDNTK].
3. DIAZ CASTRO, Maria Teresa (a.k.a. DIAZ DE TIRADO, Maria Teresa); c/o PRODUCTOS FARMACEUTICOS COLLINS, S.A. DE C.V., Zapopan, Jalisco, Mexico; c/o INSUMOS ECOLOGICOS DEL ORIENTE, S.A. DE C.V., Guadalajara, Jalisco, Mexico; DOB 23 Jan 1948; POB Sinaloa, Mexico; Citizen Mexico; Nationality Mexico; C.U.R.P. DICT480123MSLZSR05 (Mexico); R.F.C. DICT480123I37 (Mexico); (INDIVIDUAL) [SDNTK].
4. TIRADO DIAZ, Maria Teresa, c/o ALIMENTOS SELECTOS SAN FRANCISCO S.P.R. DE R.L., Guadalajara, Jalisco, Mexico; Alvaro Obregon 250, Colonia Agua Blanca Sur, Zapopan, Jalisco 45235, Mexico; DOB 08 Dec 1976; POB Mexico; Citizen Mexico; Nationality Mexico; Electoral Registry No. TRDZTR76120814M700 (Mexico) issued: 1997; (INDIVIDUAL) [SDNTK].
5. TIRADO DIAZ, Baltazar, c/o ALIMENTOS SELECTOS SAN FRANCISCO S.P.R. DE R.L., Guadalajara, Jalisco, Mexico; c/o PRODUCTOS FARMACEUTICOS COLLINS, S.A. DE C.V., Zapopan, Jalisco, Mexico; DOB 27 Aug 1967; POB Mexico; Citizen Mexico; Nationality Mexico; C.U.R.P. TIDB670827HJCRZL07 (Mexico); (INDIVIDUAL) [SDNTK].
6. TIRADO DIAZ, Liliana Guadalupe, c/o ALIMENTOS SELECTOS SAN Federal Register / Vol. 74, No. 176 / Monday, September 14, 200947042 FRANCISCO S.P.R. DE R.L., Guadalajara, Jalisco, Mexico; DOB 23 Jul 1966; POB Mexico; Citizen Mexico; Nationality Mexico; C.U.R.P. TIDL660723MJCRZL07 (Mexico); (INDIVIDUAL) [SDNTK].
Dated: September 3, 2009. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. E9-21984 Filed 9-11-09; 8:45 am] BILLING CODE 4811-45-PThrough the twisted steel of the twin towers of the World Trade Center, the scarred walls of the Pentagon, and the smoky wreckage in a field in southwest Pennsylvania, the patriotism and resiliency of the American people shone brightly on September 11, 2001. We stood as one people, united in our common humanity and shared sorrow. We grieved for those who perished and remembered what brought us together as Americans.
Today, we honor the lives we lost 8 years ago. On a bright September day, innocent men, women, and children boarded planes and set off for work as they had so many times before. Unthinkable acts of terrorism brought tragedy, destruction, pain, and loss for people across our Nation and the world.
As we pay tribute to loved ones, friends, fellow citizens, and all who died, we reaffirm our commitment to the ideas and ideals that united Americans in the aftermath of the attacks. We must apprehend all those who perpetrated these heinous crimes, seek justice for those who were killed, and defend against all threats to our national security. We must also recommit ourselves to our founding principles. September 11 reminds us that our fate as individuals is tied to that of our Nation. Our democracy is strengthened when we uphold the freedoms upon which our Nation was built: equality, justice, liberty, and democracy. These values exemplify the patriotism and sacrifice we commemorate today.
In that same spirit of patriotism, I call upon all Americans to join in service and honor the lives we lost, the heroes who responded in our hour of need, and the brave men and women in uniform who continue to protect our country at home and abroad. In April, I was proud to sign the bipartisan Edward M. Kennedy Serve America Act, which recognizes September 11 as a National Day of Service and Remembrance. Originated by the family members of those who lost loved ones on 9/11, the National Day of Service and Remembrance is an opportunity to salute the heroes of 9/11, recapture the spirit of unity and compassion that inspired our Nation following the attacks, and rededicate ourselves to sustained service to our communities.
Throughout the summer, people of all ages and backgrounds came together to lend a helping hand in their communities through United We Serve. As this summer of service draws to an end, we renew the call to engage in meaningful service activities and stay engaged with those projects throughout the year. Working together, we can usher in a new era in which volunteering and service is a way of life for all Americans. Deriving strength from tragedy, we can write the next great chapter in our Nation’s history and ensure that future generations continue to enjoy the promise of America.
By a joint resolution approved December 18, 2001 (Public Law 107-89), the Congress has designated September 11 of each year as Patriot Day, and by Public Law 111-13, approved April 21, 2009, has requested the Federal Register / Vol. 74, No. 176 / Monday, September 14, 200947046 observance of September 11 as an annually recognized National Day of Service and Remembrance.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim September 11, 2009, as Patriot Day and National Day of Service and Remembrance. I call upon all departments, agencies, and instrumentalities of the United States to display the flag of the United States at half-staff on Patriot Day and National Day of Service and Remembrance in honor of the individuals who lost their lives as a result of the terrorist attacks against the United States that occurred on September 11, 2001. I invite the Governors of the United States and the Commonwealth of Puerto Rico and interested organizations and individuals to join in this observance. I call upon the people of the United States to participate in community service in honor of those our Nation lost, to observe this day with other ceremonies and activities, including remembrance services, and to observe a moment of silence beginning at 8:46 a.m. eastern daylight time to honor the innocent victims who perished as a result of the terrorist attacks of September 11, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of September, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-fourth.
[Please see PDF for image: OB#1.EPS] [FR Doc. E9-22262 Filed 9-11-09; 11:15 am] Billing code 3195-W9-P