Notices Federal Register
Vol. 74, No. 130
Thursday, July 9, 2009
This section of the FEDERAL REGISTER address the Committee at that time. www.usccr.gov, or to contact the Eastern
contains documents other than rules or Reminder: The Lewis & Clark County Regional Office at the above e-mail or
proposed rules that are applicable to the RAC recently expanded to include street address.
public. Notices of hearings and investigations, Broadwater County and renamed itself The meetings will be conducted
committee meetings, agency decisions and the Missouri River RAC to reflect the pursuant to the provisions of the rules
rulings, delegations of authority, filing of
larger geographic area the committee and regulations of the Commission and
petitions and applications and agency
statements of organization and functions are now represents. FACA.
examples of documents appearing in this Dated: June 30, 2009. Dated in Washington, DC, July 6, 2009.
section. Duane Harp, Peter Minarik,
Designated Federal Official. Acting Chief, Regional Programs
[FR Doc. E9–16147 Filed 7–8–09; 8:45 am] Coordination Unit.
DEPARTMENT OF AGRICULTURE [FR Doc. E9–16259 Filed 7–8–09; 8:45 am]
BILLING CODE P
Forest Service BILLING CODE 6335–01–P
Missouri River Resource Advisory COMMISSION ON CIVIL RIGHTS
Committee Meeting DEPARTMENT OF COMMERCE
Agenda and Notice of Public Meetings
AGENCY: Forest Service, USDA. [Docket No. 0906221081–91081–01]
of the Connecticut Advisory
ACTION: Notice of meeting. Committee RIN 0660–XA10
SUMMARY: The Helena National Forest’s Notice is hereby given, pursuant to National Environmental Policy Act—
Missouri River (formerly called the the provisions of the rules and Categorical Exclusions covering the
Lewis & Clark County Resource regulations of the U.S. Commission on Broadband Technology Opportunity
Advisory Committee) Resource Civil Rights (Commission), and the Program (BTOP)
Advisory Committee (RAC) will meet on Federal Advisory Committee Act
Wednesday, July 29, 2009, from 6 p.m. (FACA), that a briefing meeting and a AGENCY: U.S. Department of Commerce,
until 8 p.m., in Helena, Montana. The planning meeting of the Connecticut National Telecommunications and
purpose of the meeting is to conduct Advisory Committee to the Commission Information Administration.
welcomes and introductions, discuss will convene at 10:30 a.m. on Thursday, ACTION: Notice and request for
the status of the RAC charter and July 23, 2009 at the University of comments.
committee membership vacancies, Connecticut, School of Law, Faculty
SUMMARY: The National
review and discuss project proposals, Lounge, 55 Elizabeth Street, Hartford,
make project approval and funding Telecommunications and Information
Connecticut 06105. The purpose of the
decisions, set a next meeting date and Administration (NTIA), U.S.
briefing meeting is to hear about anti-
receive public comment on the meeting Department of Commerce (DOC) is
bias in the state. The purpose of the
subjects and proceedings. adopting the following Categorical
planning meeting is to plan a briefing on
Exclusions (CEs) covering the
DATES: Wednesday, July 29, 2009, from high school graduation rates.
Members of the public are entitled to Broadband Technology Opportunity
6 p.m. until 8 p.m. Program (BTOP). The CEs would better
ADDRESSES: The meeting will be held at submit written comments; the
comments must be received in the align NTIA implementation of the
the USDA–Helena Ranger District office Council for Environmental Quality
located at 2001 Poplar, Helena, Montana regional office by August 21, 2009. The
address is Eastern Regional Office, 624 (CEQ) National Environmental Policy
59601 (MT 59601). Act regulations by providing for the
9th St., NW., Washington, DC 20425.
FOR FURTHER INFORMATION CONTACT: efficient and timely environmental
Persons wishing to email their
Kathy Bushnell, Committee review of specific American Recovery
comments, or who desire additional
Coordinator, Helena National Forest, and Reinvestment Act (ARRA) job
information should contact Alfreda
2880 Skyway Drive, Helena, Montana preservation actions for BTOP.
Greene, Secretary, at 202–376–7533 or
59602 Phone: 406–495–3747; E-mail: Although NTIA adopts these CE’s as of
by e-mail to: firstname.lastname@example.org.
email@example.com. Hearing-impaired persons who will the date of this notice, NTIA welcomes
SUPPLEMENTARY INFORMATION: Agenda attend the meetings and require the comments from the public on the
items to be covered include: (1) services of a sign language interpreter appropriateness or scope of the CE’s,
Welcome and introductions; (2) review should contact the Regional Office at and will consider whether any CE’s
and approve June meeting minutes; (3) least ten (10) working days before the should be revised based on comments
briefly update committee on RAC scheduled date of the meetings. received.
charter and membership nomination Records generated from these DATES: This Notice is immediately
process; (4) review, discuss and approve meetings may be inspected and effective upon publication. All
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projects and funding; (5) set next reproduced at the Eastern Regional comments will be reviewed and
meeting purpose, location, and date; (6) Office, as they become available, both considered to determine whether there
and receive public comment. The before and after the meetings. Persons is a need for potential amendment to the
meeting is open to the public. Public interested in the work of this advisory CEs. Comments on the list of categorical
input opportunity will be provided and committee are advised to go to the exclusions must be received by August
individuals will have the opportunity to Commission’s Web site, http:// 10, 2009 to ensure consideration prior to
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Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 32877
implementation of the program. Late environment. These particular actions, construct and deploy broadband service
comments will be considered to the therefore, do not require preparation of related facilities and infrastructure.
extent practicable. an environmental assessment or Both NTIA and RUS will be funding
ADDRESSES: All comments should be environmental impact statement as similar projects entailing the
addressed to Office of Program Planning required by NEPA. construction and expansion of
and Integration, National Oceanic and On May 26, 2008, the Department of telecommunications infrastructure as
Atmospheric Administration, Attn.: Commerce published a notice in the described below:
Steve Kokkinakis, SSMC3—Room Federal Register that solicited public • Buried Plant/Facilities: The
15723, 1315 East-West Highway, Silver comments on Department-wide CEs (74 construction of buried outside plant
Spring, Maryland 20910. Comments FR 24782). The public comment period facilities generally consists of plowing
may be sent by mail or hand-delivered ended on June 15, 2009. Some of the or trenching cable at a depth of
to the above-listed address Monday— CE’s outlined in that notice address approximately 36″ to 48″ alongside the
Friday between the hours of 9 a.m. and some aspects of BTOP, however, due to road usually in a utility corridor or
4:30 p.m. Comments may also be sent by the similarity in project type, it was within public road rights-of-way.
determined after consultation with the • Aerial Plant/Facilities: The
electronic mail to the following Internet
CEQ that the existing NEPA construction of aerial facilities is either
requirements of the US Department of done by installing new poles and
The Administrative Record for the
Agriculture, Rural Utilities Services’ hanging cables on it on public rights-of-
NTIA Broadband Technology
(RUS) Telecommunication Program way or by installing cables using
Opportunity Program for the categorical
would serve as a better template for existing poles lines from a third party.
exclusions is available at: http:// • Buildings: Building construction
www.nepa.noaa.gov/procedures.html BTOP and the RUS Broadband
Initiatives Program (BIP). Furthermore, generally consists of installing small
under ‘‘NTIA Broadband Technology pre-fabricated buildings that are used
Opportunity Program Categorical the similarities between the two
programs suggested that an alignment of for housing electronic equipment. These
Exclusions and Administrative Record’’. buildings are usually placed on concrete
Written requests for a hard copy of the the requirements documents and
applicable CEs would streamline the pads and generally require very minimal
‘‘NTIA Broadband Technology disturbance of the land. On extremely
Opportunity Program Categorical application process and reduce
confusion between similar applicants rare occasions, funds are also used for
Exclusions and Administrative Record’’ constructing a headquarters and/or
should be submitted to: Steve and future BTOP decisions.
Accordingly, NTIA in consultation warehouse building. The amount of
Kokkinakis, National Oceanic and land disturbance resulting from this
with CEQ determined that it is in the
Atmospheric Administration, Office of type of construction can vary depending
best interest of the public to adopt the
Program Planning & Integration, SSMC3, on the size of the proposed building.
CEs effective immediately to ensure the
Room 15723, 1315 East-West Highway, • Towers: Tower construction is
efficient and timely environmental
Silver Spring, MD 20910. review of the BTOP ARRA job typically done by installing a concrete
FOR FURTHER INFORMATION CONTACT: For preservation actions. This notice foundation and building the tower on it.
further information contact: Steve supplements CEQ regulations and The heights of the towers vary from 120
Kokkinakis, National Oceanic and provides guidance to NTIA employees feet to 400 feet.
Atmospheric Administration, Office of regarding procedural requirements for Due to the similarity in project type,
Program Planning & Integration, SSMC3, the application of NEPA provisions to it was determined after consultation
Room 15723, 1315 East-West Highway, the ARRA-funded BTOP grants. with the CEQ that the NEPA program
Silver Spring, MD 20910, phone: 301– requirements for BTOP should align
713–1622 x189. II. Broadband Technology Opportunity with the requirements of the RUS’
Program (BTOP) Telecommunication Program and BIP.
The American Recovery and For decades, RUS has financed the
I. National Environmental Policy Act Reinvestment Act of 2009, Public Law installation of hundreds of
(NEPA) 111–5, (ARRA) authorized $4.37B for telecommunication systems, including
NEPA requires that Federal agencies BTOP to accelerate broadband broadband systems across the United
prepare environmental impact deployment to unserved and States. As a result, RUS has an
statements for major Federal actions that underserved areas, of which not less understanding of the potential
may ‘‘significantly affect the quality of than $250M shall be available to environmental impacts from installation
the human environment.’’ NEPA increase sustained broadband adoption, of such systems on the environment in
requirements apply to any federal not less than $200M to upgrade a variety of contexts. Furthermore, the
project, decision, or action, including technology and capacity at public similarities between the two programs
grants that might have an impact on the computing centers. Also, up to $350M is suggest that an alignment of the
quality of the human environment. provided to develop and maintain a requirements documents and applicable
NEPA also established CEQ to provide broadband inventory map of current CEs would streamline the application
guidance to federal agencies and to U.S. broadband deployment. BTOP process and reduce confusion between
issue regulations implementing the grants will provide funding to: (1) similar applicants.
procedural provisions of NEPA. Among Acquire equipment, hardware and Pursuant to CEQ’s regulations (40 CFR
other considerations, the CEQ software, networking capability, and 1507.3) RUS codified its environmental
regulations require Federal agencies to digital network technology for policies and procedures in 7 CFR 1794,
adopt their own implementing broadband services; (2) ensure access to Environmental Policies and Procedures.
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procedures to supplement the CEQ broadband service by community These regulations supplement the CEQ
regulations, and to establish and use organizations; (3) facilitate access to procedures and classify agency actions
‘‘categorical exclusions’’ to define broadband service by low-income, aged into classes of action, i.e., Categorical
categories of actions that do not and other vulnerable populations in Exclusions, Environmental
individually or cumulatively have a order to provide educational and Assessments, and Environmental Impact
significant effect on the human employment opportunities; and (4) Statements. Section 1794.3 states that
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32878 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices
‘‘[t]he provisions of this part apply to based on the agency’s experience with undertaken by BTOP will not normally
actions by RUS including the approval these types of activities will not require the completion of the BTOP/BIP
of financial assistance pursuant to the individually or cumulatively create a NEPA Environmental Questionnaire
Electric, Telecommunications, and significant impact on the environment, (EQ). These categorically excluded
Water and Waste Programs * * *.’’ and therefore do not require additional proposals are:
RUS’ and NTIA’s federal action is NEPA analysis and documentation A.1: The issuance of bulletins and
providing financial assistance for BIP unless extraordinary circumstances information publications that do not
and BTOP respectively. Therefore, exist. concern environmental matters or
pursuant to the regulations, prior to the In addition, the review panel substantial facility design, construction,
approval of financial assistance, NTIA/ recognized that all Federal agencies, or maintenance practices.
RUS must complete the environmental with very few exceptions, must meet the This categorical exclusion is
review process established by NEPA, same requirements to protect the supported by long-standing categorical
the CEQ procedures and the agency’s environment. The review panel exclusions and administrative records.
environmental policies and procedures. determined from their experience in or In particular, the review panel
on behalf of other Federal agencies that identified the legacy categorical
III. Development Process used to the characteristics of the activities exclusions and Environmental
Establish BTOP CEs performed by BTOP were no different Assessments from the U.S. Department
The list of NTIA BTOP CEs was than those performed by RUS. Due to of Agriculture, U.S. Department of
compiled through an inter-agency effort the different review processes, BTOP Homeland Security, Federal Emergency
that included participation from CEQ, may require more extensive information Management Agency, U.S. Coast Guard,
RUS, NTIA, DOC’s Energy, Safety and from the applicant in the application and the U.S. Air Force.
Environment Division and the Office of package. The review panel also A.2: Procurement activities related to
General Counsel, and the NEPA determined that RUS’ extensive history the operation of BTOP.
Coordinator of the National Oceanic and of granting loans under these types of This categorical exclusion is
Atmospheric Administration. projects have adequately demonstrated supported by long-standing categorical
Representatives from these that there are no significant impacts on exclusions and administrative records.
organizations comprised the review the human environment. In particular, the review panel
panel responsible for determining The panel’s conclusions were further identified categorical exclusions from
appropriate CEs for the BTOP program. supported by the determinations made U.S. Department of Agriculture, U.S.
In light of the time constraints placed on by other Federal agencies that have Department of Homeland Security,
ARRA project funding and the need to established CEs for activities similar in Federal Emergency Management
establish associated CEs as quickly as nature, scope and impact to those Agency, U.S. Coast Guard, U.S. Air
possible, it was determined that only contemplated for BTOP. The review Force, U.S. Navy, General Services
CEs that are supported by an adequate panel determined from their experience Administration, and the U.S.
Administrative Record would be in or on behalf of other Federal agencies Department of Interior.
included in this list. In some cases, that the characteristics of the activities A.3: Personnel and Administrative
Administrative Records have been proposed under BTOP were no different Actions.
incorporated from Agencies other than than those performed by other Federal This categorical exclusion is
DOC. Also, in those cases where there agencies. Having determined that each supported by long-standing categorical
is a CE developed by another agency CE met these objectives, the review exclusions and administrative records.
that could apply to BTOP, that CE has panel ultimately concluded that the In particular, the review panel
been included in the list as written with actions contemplated by these identified the legacy categorical
no modification to the text. The CEs exclusions encompassed activities have exclusions from the U.S. Department of
have been approved by the DOC Office no inherent potential for an individual Agriculture, U.S. Department of
of General Counsel and the designated or cumulative significant impact on the Homeland Security, U.S. Coast Guard,
Senior Agency Official for NEPA. human environment. U.S. Department of the Interior, U.S.
Each CE was reviewed and Notwithstanding these conclusions, Army and the U.S. Air Force.
deliberated in concept, coverage, the review panel noted that all projects A.4: Purchase of existing facilities or
applicability, and wording. The review involving a major federal action will be a portion thereof where use or operation
panel carefully examined the portion of subject to evaluation by the joint BTOP/ will remain unchanged.
the administrative record associated BIP NEPA Environmental This categorical exclusion is
with each CE to ensure that the Questionnaire. Any project that receives supported by long-standing categorical
exclusion is consistent with the goal of a ‘‘YES’’ answer in any category is not exclusions and administrative records.
balancing increased administrative permitted to utilize the CE without In particular, the review panel
efficiency with avoidance of further consultation with BTOP/RUS identified the legacy categorical
misinterpretations and misapplications and additional NEPA documentation exclusions from the U.S. Department of
of exclusionary language that could lead may be required to prepare an Agriculture, U.S. Department of
to non-compliance with NEPA Environmental Assessment or an Homeland Security, and The General
requirements. Environmental Impact Statement. Services Administration.
The review panel noted that RUS has Moreover, the National Historic A.5: Internal modifications or
CE activities that are sufficiently Preservation Act requirements, if equipment additions (e.g., computer
descriptive as to establish for the review appropriate, still apply to all projects. facilities, relocating interior walls) to
panel that those activities were similar The use of these CEs does not constitute structures or buildings.
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in nature, scope, and impact on the a release from Section 106 consultation This categorical exclusion is
human environment as those for BTOP. requirements. supported by long-standing categorical
The NTIA administrative record exclusions and administrative records.
includes RUS determinations that the IV. BTOP Categorical Exclusions In particular, the review panel
potential for environmental impacts of A. General administrative/ministerial identified the legacy categorical
the activities covered by these CEs and actions. Certain types of actions exclusions from the U.S. Department of
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Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 32879
Agriculture, U.S. Department of to existing transmission lines that appropriate justification for this
Homeland Security, and the Federal require 20 percent or greater pole Categorical Exclusion.
Emergency Management Agency. replacement will be considered the B.8: Ordinary maintenance or
B. Broadband Activities. Applications same as new construction. replacement of equipment or small
for financial assistance for the types of This categorical exclusion is structures (e.g. line support structures,
proposed actions covered in this section supported by long-standing categorical line transformers, microwave facilities,
require the submission of an EQ. exclusions and administrative records. telecommunications remote switching
Applicants shall sufficiently identify all In particular, the review panel and multiplexing sites).
proposed actions so their proper identified the legacy categorical This categorical exclusion is
classification can be determined. exclusions from the U.S. Department of supported by long-standing categorical
Detailed descriptions shall be provided Agriculture and the U.S. Department of exclusions and administrative records.
for each proposal noted in this section. Energy. In particular, the review panel
BTOP may require additional B.5: Changes or additions to existing identified the legacy categorical
information in addition to a description substations, switching stations, exclusions from the U.S. Department of
of what is being proposed, to ensure that telecommunications switching or Agriculture and the U.S. Department of
proposals are properly classified. multiplexing centers, or external Energy.
Proposed actions within this changes to buildings or small structures B.9: The construction of
classification are: requiring one acre (0.4 hectare) or more telecommunications facilities within the
B.1: Construction of buried and aerial but no more than five acres (2 hectares) fenced area of an existing substation,
telecommunications lines, cables, and of new physically disturbed land or switching station, or within the
related facilities. fenced property. boundaries of an existing electric
This categorical exclusion is This categorical exclusion is generating facility site.
supported by long-standing categorical supported by a long-standing categorical This categorical exclusion is
exclusions and administrative records. exclusion and administrative record. In supported by long-standing categorical
In particular, the review panel particular, the review panel identified exclusions and administrative records.
identified the legacy categorical the legacy categorical exclusions from In particular, the review panel
exclusions from the U.S. Department of the U.S. Department of Agriculture, identified the legacy categorical
Agriculture, U.S. Department of the Rural Utilities Services. Based upon the exclusions from the U.S. Department of
Interior, and the U.S. Department of extensive history of RUS application of Agriculture and the U.S. Department of
Energy. these Categorical Exclusions and the Energy.
B.2: Construction of microwave lack of extraordinary circumstances B.10: Testing or monitoring work (e.g.,
facilities involving no more than five associated with their application, this soil or rock core sampling, monitoring
acres (2 hectares) of physical legacy Categorical Exclusion is wells, air monitoring).
disturbance at any single site. determined to be applicable to BTOP This categorical exclusion is
This categorical exclusion is projects. supported by long-standing categorical
supported by long-standing categorical B.6: Construction of substations, exclusions and administrative records.
exclusions and administrative records. switching stations, or In particular, the review panel
In particular, the review panel telecommunications switching or identified the legacy categorical
identified the legacy categorical multiplexing centers requiring no more exclusions from the U.S. Department of
exclusions and Findings of No than five acres (2 hectares) of new Agriculture and the U.S. Department of
Significant Impact on Environmental physically disturbed land or fenced Energy.
Assessments from the U.S. Department property. B.11: Studies and engineering
of Agriculture, the National This categorical exclusion is undertaken to define proposed actions
Telecommunications and Information supported by long-standing categorical or alternatives sufficiently so that
Administration, and the U.S. exclusions and administrative records. environmental effects can be assessed.
Department of Energy. In particular, the review panel This categorical exclusion is
B.3: Construction of cooperative or identified the legacy categorical supported by long-standing categorical
company headquarters, maintenance exclusions from the U.S. Department of exclusions and administrative records.
facilities, or other buildings involving Agriculture and the U.S. Department of In particular, the review panel
no more than 10 acres (4 hectares) of Energy. identified the legacy categorical
physical disturbance or fenced property. B.7: Changes or additions to exclusions from the U.S. Department of
This categorical exclusion is microwave sites, substations, switching Agriculture and the U.S. Department of
supported by long-standing categorical stations, telecommunications switching Energy.
exclusions and administrative records. or multiplexing centers, buildings, or B.12: Rebuilding of power lines or
In particular, the review panel small structures requiring new physical telecommunications cables where road
identified the legacy categorical disturbance or fencing of less than one or highway reconstruction requires the
exclusions and Findings of No acre (0.4 hectare). applicant to relocate the lines either
Significant Impact on Environmental This categorical exclusion is within or adjacent to the new road or
Assessments from the U.S. Department supported by a long-standing categorical highway easement or right-of-way.
of Agriculture, the U.S. Coast Guard, exclusion and administrative record This categorical exclusion is
The U.S. Navy, the Economic from the U.S. Department of supported by long-standing categorical
Development Administration, and the Agriculture, Rural Utilities Services exclusions and administrative records.
National Oceanic and Atmospheric Based upon the extensive history of In particular, the review panel
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Administration. RUS application of these Categorical identified the legacy categorical
B.4: Changes to existing transmission Exclusions and the lack of extraordinary exclusions from the U.S. Department of
lines that involve less than 20 percent circumstances associated with their Agriculture and the U.S. Department of
pole replacement, or the complete application, these legacy Categorical Energy.
rebuilding of existing distribution lines Exclusions are determined to be B.13: Phase or voltage conversions,
within the same right of way. Changes applicable to BTOP projects and reconductoring or upgrading of existing
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32880 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices
electric distribution lines, or approval. A Notice of Action in the CVD Operations, Office 5, Import
telecommunication facilities. Federal Register at the conclusion of Administration, International Trade
This categorical exclusion is OMB’s review of the information Administration, U.S. Department of
supported by long-standing categorical collection. Commerce, 14th Street and Constitution
exclusions and administrative records. Avenue, NW., Washington, DC 20230;
In particular, the review panel Environmental Impact
telephone: (202) 482–0180 and (202)
identified the legacy categorical This rule supplements CEQ 482–5760, respectively.
exclusions from the U.S. Department of regulations and Department of
Agriculture and the U.S. Department of Commerce NEPA procedures and
Energy. provides guidance to NTIA employees Background
B.14: Construction of standby diesel regarding procedural requirements for On August 9, 2004, we published in
electric generators (one megawatt or less the application of NEPA provisions to the Federal Register the antidumping
total capacity) and associated facilities, BTOP decisions including grants and duty order on PRCBs from Malaysia. See
for the primary purpose of providing funding applicant actions. CEQ does not Antidumping Duty Order: Polyethylene
emergency power, at an existing direct agencies to prepare a NEPA Retail Carrier Bags From Malaysia, 69
applicant headquarters or district office, analysis or document before FR 48203 (August 9, 2004). On August
telecommunications switching or establishing agency procedures that 1, 2008, we published in the Federal
multiplexing site, or at an industrial, supplement the CEQ regulations for
commercial or agricultural facility Register a notice of opportunity to
implementing NEPA. Agency NEPA request an administrative review of the
served by the applicant. procedures are procedural guidance to
This categorical exclusion is antidumping duty order on PRCBs from
assist agencies in the fulfillment of Malaysia. See Antidumping or
supported by long-standing categorical agency responsibilities under NEPA.
exclusion and administrative record Countervailing Duty Order, Finding, or
The requirements for establishing Suspended Investigation; Opportunity
from the U.S. Department of Agriculture agency NEPA procedures are set forth at
Rural Utilities Services. Based upon the to Request Administrative Review, 73
40 CFR 1505.1 and 1507.3 FR 44966 (August 1, 2008). Pursuant to
extensive history of RUS application of
Dated: June 23, 2009. section 751(a)(1) of the Tariff Act of
these Categorical Exclusions and the
lack of extraordinary circumstances Paul N. Doremus, 1930, as amended (the Act), and 19 CFR
associated with their application, this NOAA NEPA Coordinator, Office of Program 351.213(b), the Polyethylene Retail
legacy Categorical Exclusion is Planning and Integration. Carrier Bag Committee and its
determined to be applicable to BTOP [FR Doc. E9–16151 Filed 7–8–09; 8:45 am] individual members, Hilex Poly Co.,
projects. BILLING CODE 3510–12–P LLC, and Superbag Corporation
The public is invited to submit (collectively, the petitioners), requested
comments on both the NTIA Broadband an administrative review of the
Technology Opportunity Program DEPARTMENT OF COMMERCE antidumping duty order on PRCBs from
Categorical Exclusions and Malaysia with respect to Euro Plastics
Administrative Record. See the International Trade Administration Malaysia Sdn. Bhd. (Euro Plastics) on
ADDRESSES for instructions on [A–557–813] September 2, 2008. On September 30,
submitting comments. The 2008, in accordance with 19 CFR
Administrative Record for the NTIA Polyethylene Retail Carrier Bags From 351.221(c)(1)(i), we published a notice
BTOP CEs is available at http:// Malaysia: Preliminary Results of of initiation of administrative review of
www.nepa.noaa.gov/procedures.html Antidumping Duty Administrative the order. See Initiation of Antidumping
under ‘‘NTIA Broadband Technology Review and Countervailing Duty Administrative
Opportunity Program Categorical Reviews and Requests for Revocation in
AGENCY: Import Administration,
Exclusions and Administrative Record.’’ Part, 73 FR 56795 (September 30, 2008).
International Trade Administration, We are conducting the administrative
Hard copies may be obtained by Department of Commerce.
contacting Steve Kokkinakis, as review of the order in accordance with
SUMMARY: In response to a request from section 751(a) of the Act. The period of
an interested party, the Department of review is August 1, 2007, through July
Paperwork Reduction Act Commerce (the Department) is 31, 2008.
This notice does not contain conducting an administrative review of
the antidumping duty order on Scope of the Order
subject to the Paperwork Reduction Act polyethylene retail carrier bags (PRCBs) The merchandise subject to the order
(PRA) of 1995 (44 U.S.C. 3501 et seq.). from Malaysia. The review covers one is PRCBs which may be referred to as t-
Notwithstanding any other provision of manufacturer/exporter. The period of shirt sacks, merchandise bags, grocery
law, no person is required to, nor shall review is August 1, 2007, through July bags, or checkout bags. The subject
a person be subject to a penalty for 31, 2008. We have preliminarily merchandise is defined as non-sealable
failure to comply with, a collection of determined that sales have been made sacks and bags with handles (including
information subject to the requirements below normal value by the company drawstrings), without zippers or integral
of the PRA unless that collection of subject to this review. We invite extruded closures, with or without
information displays a currently valid interested parties to comment on these gussets, with or without printing, of
OMB control number. preliminary results. Parties who submit polyethylene film having a thickness no
A Paperwork package for the comments in this review are requested greater than 0.035 inch (0.889 mm) and
to submit with each argument a
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associated ‘‘BTOP/BIP NEPA no less than 0.00035 inch (0.00889 mm),
Environmental Questionnaire’’ statement of each issue and a brief and with no length or width shorter
referenced in Section IV of the summary of the argument. than 6 inches (15.24 cm) or longer than
Supplementary Information has been DATES: Effective Date: July 9, 2009. 40 inches (101.6 cm). The depth of the
submitted to the Office of Management FOR FURTHER INFORMATION CONTACT: bag may be shorter than 6 inches but not
and Budget (OMB) for review and Jerrold Freeman or Yang Jin Chun, AD/ longer than 40 inches (101.6 cm).
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