Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 7621 

to comply and, to be in compliance with the 

MOU, shall notify CBP within ten (10) days 

after becoming cognizant of this prohibition 

to comply. Further, in such instances the 

Carrier shall propose alternative means for 

meeting the objective sought by the 

paragraph in question. For instance, where 

review of foreign boarding procedures cannot 

be performed by CBP personnel, the Carrier 

could provide that an audit of its operation 

be performed by local authorities or by 

private auditors. 

4. CBP Agreement 

4.1 The Director, FP&F Division, Office 

of Field Operations, will serve as a 

coordinator for all fines issues arising from 

the implementation of this MOU. The 

Director, Alien Smuggling Interdiction (ASI), 

will serve as coordinator for all ASI issues 

arising from this MOU. The Director, Fraud 

Document Analysis Unit (FDAU) and the 

Carrier Liaison Program (CLP), and the 

Director, Passenger Programs, Immigration 

Advisory Program (IAP), as appropriate, will 

coordinate all CBP training, airline liaison 

officer, and on-site airport interdiction issues 

arising from this MOU. CBP shall provide the 

carrier with these offices’ coordinator’s 

names, addresses, telephone and facsimile 

numbers, and email addresses. 

4.2 CBP agrees to publish a Carrier 

Information Guide to be used by Carrier 

personnel at all ports of embarkation prior to 

boarding passengers destined to the United 

States. The Carrier Information Guide will 

function as a resource to assist Carrier 

personnel in determining proper 

documentary requirements and detecting 

fraud. 

4.3 CBP agrees to develop a formal, 

continuing training program to assist carriers 

in their screening of passengers. Carriers may 

provide input to CBP concerning specific 

training needs that they have identified. 

Initial and refresher training, as necessary, 

will be conducted by CBP or Carrier 

representatives trained by CBP. 

4.4 To the extent possible, CBP, DOS 

Consular officials, or other USG personnel 

will consult, support, and assist the Carrier’s 

efforts to screen passengers prior to boarding. 

4.5 CBP shall determine each Carrier’s 

Performance Level (PL), based on statistical 

analysis of the Carrier’s performance, as a 

means of evaluating whether the Carrier has 

successfully screened all of its passengers in 

accordance with 8 CFR 273.3 and this MOU. 

The PL is determined by taking the number 

of each Carrier’s violations of section 273 of 

the INA for a fiscal year and dividing this by 

the number of documented nonimmigrants 

transported by the Carrier and multiplying 

the result by 1,000. Documented 

nonimmigrants are those that are subject to 

the Arrival/Departure Record (CBP Form I–94 

or I–94W) requirement, either to submit one 

upon arrival at a U.S. port or to have an 

electronic equivalent and corresponding 

admission record created at time of arrival 

based on information submitted 

electronically prior to travel. 

4.6 CBP shall establish an Acceptable 

Performance Level (APL), based on statistical 

analysis of the performance of all carriers, as 

a means of evaluating whether the Carrier has 

successfully screened all of its passengers in 

accordance with 8 CFR 273.3 and this MOU. 

The APL shall be determined by taking the 

total number of all carrier violations of 

section 273 of the INA for a fiscal year 

(normally the fiscal year previous to the year 

the APL is calculated) and dividing this by 

the total number of documented 

nonimmigrants (as described in paragraph 

4.5 above) transported by all carriers for that 

same fiscal year and multiplying the result by 

1,000. CBP will then evaluate the result of 

that calculation and either adopt it or adjust 

it to achieve what it deems to be the 

optimum measure that encourages carriers to 

improve their screening operations with a 

reasonably challenging and reasonably 

attainable performance target. 

4.7 CBP shall establish a Second 

Acceptable Performance Level (APL2), based 

on statistical analysis of the performance of 

all carriers operating at or better than the 

APL, as a means of further evaluating carrier 

success in screening its passengers in 

accordance with 8 CFR 273.3 and this MOU. 

Using carrier statistics for only those carriers 

which are at or better than the APL, the APL2 

shall be determined by taking the total 

number of these carrier violations of section 

273 of the INA for a fiscal year (normally the 

fiscal year previous to the year the APL2 is 

calculated) and dividing by the total number 

of documented nonimmigrants (as described 

in paragraph 4.5 above) transported by these 

carriers for that same year and multiplying 

the result by 1,000. CBP will then evaluate 

the result of that calculation and either adopt 

it or adjust it to achieve what it deems to be 

the optimum measure that encourages 

carriers to improve their screening operations 

with a reasonably challenging and reasonably 

attainable performance target. 

4.8 The PL, APL, and APL2 may be 

recalculated periodically (including yearly) 

as deemed necessary by CBP, based on 

Carrier performance during the previous 

period(s). 

4.9 The Director, FP&F Division, will 

review the signed MOU submitted by any 

carrier seeking to participate in the automatic 

fines reduction process under this MOU 

regardless of whether that carrier’s PL meets 

or exceeds the APL at the time of submission. 

The Director will consider evidence 

submitted by the carrier that demonstrates 

that the carrier has taken extensive measures 

to prevent the transport of improperly 

documented passengers to the United States. 

This evidence may include, but is not limited 

to, the following: (1) Information regarding 

the Carrier’s training program, including 

participation of the Carrier’s personnel in any 

CBP, DOS, or other training programs and the 

number of employees trained; (2) evidence 

that the carrier operates efficient and 

effective boarding gate checks to deter 

boarding pass swaps and to verify that all 

passengers’ documents, including transit 

passengers, have been examined; (3) 

information regarding the date and number of 

improperly documented aliens intercepted 

by the Carrier at the port(s) of embarkation, 

including, but not limited to, the aliens’ 

name, date of birth, passport nationality, 

passport number or other travel document 

information, and reason boarding was 

refused, if otherwise permitted under local 

law; and (4) other evidence, including 

screening procedure enhancements, 

technological or otherwise, to demonstrate 

the Carrier’s good faith efforts to properly 

screen passengers destined to the United 

States. If the Director is satisfied with the 

carrier’s evidence, and is otherwise satisfied 

that the carrier is capable of meeting the 

terms and conditions contained in this MOU, 

CBP will accept the carrier’s signed MOU, 

such acceptance evidenced by the Director’s 

signature (section 4.10). 

4.10 CBP will commence applying the 

APL and APL2 set forth in this MOU 

(sections 4.6 and 4.7) on April 23, 2010 

regardless of the date the MOU is accepted 

by CBP. All other terms of the MOU, 

including automatic processing of fines 

reduction, take effect on the date CBP accepts 

the MOU. Acceptance occurs upon the 

signature of the Director, FP&F Division. 

4.11 Carriers whose PL is at or better 

than the APL are eligible to receive an 

automatic 25 percent reduction, if signatory 

to and in compliance with this MOU, on 

fines imposed under section 273 of the INA 

for periods determined by CBP. 

4.12 Carriers whose PL is at or better 

than the APL2 are eligible to receive an 

automatic 50 percent reduction, if signatory 

to and in compliance with this MOU, on 

fines imposed under section 273 of the INA 

for periods determined by CBP. 

4.13 Carriers whose PL is below the APL 

are eligible to receive an automatic 25 

percent reduction, if signatory to and in 

compliance with this MOU, on fines imposed 

under section 273 of the INA for periods 

determined by CBP, provided that CBP may 

terminate the MOU if it deems that the 

carrier’s performance below the APL is not 

justified in the circumstances or that 

violations of section 273 of the INA are 

excessive. 

4.14 The Carrier may defend against 

imposition of, or seek a waiver or further 

reduction of, an administrative fine if the 

case is timely defended pursuant to 8 CFR 

part 280, in response to the Form I–79, 

Notice of Intent to Fine, and the Carrier 

establishes that further mitigating or 

extenuating circumstances existed at the time 

of the violation that warrant the relief sought. 

Dated: lllllllllllllllll

(Carrier Representative’s Signature) 

lllllllllllllllllllll

(Title) 

lllllllllllllllllllll

(Carrier Name) 

Dated: lllllllllllllllll

Director, FP&F Division, OFO 

Customs and Border Protection. 

[FR Doc. 2010–3243 Filed 2–19–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5376–N–07] 

Rent Schedule—Low Rent Housing 

AGENCY: Office of the Chief Information 

Officer, HUD 


cprice-sewell on DSK2BSOYB1PROD with NOTICES
7622 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 

ACTION: Notice. 

SUMMARY: The proposed information 

collection requirement described below 

has been submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. The Department is 

soliciting public comments on the 

subject proposal. 

HUD requires project owners to 

submit information when requesting 

adjustments to established rents and 

utility allowances. HUD uses the 

information to ensure that rent changes 

are in accordance with HUD regulatory 

and administrative policy. 

DATES: Comments Due Date: March 24, 

2010. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

approval Number (2502–0012) and 

should be sent to: HUD Desk Officer, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503; fax: 202–395–5806. 

FOR FURTHER INFORMATION CONTACT: 

Leroy McKinney Jr., Reports 

Management Officer, QDAM, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC 20410; e-mail Leroy 

McKinney Jr. at 

Leroy.McKinneyJr@hud.gov or telephone 

(202) 402–5564. This is not a toll-free 

number. Copies of available documents 

submitted to OMB may be obtained 

from Mr. McKinney. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that the 

Department of Housing and Urban 

Development has submitted to OMB a 

request for approval of the Information 

collection described below. This notice 

is soliciting comments from members of 

the public and affecting agencies 

concerning the proposed collection of 

information to: (1) 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; (2) Evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information; (3) Enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) Minimize the 

burden of the collection of information 

on those who are to respond; including 

through the use of appropriate 

automated collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

This notice also lists the following 

information: 

Title of Proposal: Rent Schedule-Low 

Rent Housing. 

OMB Approval Number: 2502–0012. 

Form Numbers: HUD–92458. 

Description of the Need for the 

Information and Its Proposed Use: HUD 

requires project owners to submit 

information when requesting 

adjustments to established rents and 

utility allowances. HUD uses the 

information to ensure that rent changes 

are in accordance with HUD regulatory 

and administrative policy. 

Frequency of Submission: On 

occasion, annually. 

Number of 

respondents 

Annual 

responses × Hours per response = Burden hours 

Reporting Burden ...................................... 5,669 1 ........................ 5.33 ........................ 30,216 

Total Estimated Burden Hours: 

30,216. 

Status: Extension of a currently 

approved collection. 

Authority: Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 35, as 

amended. 

Dated: February 16, 2010. 

Leroy McKinney, Jr., 

Departmental Reports Management Officer, 

Office of the Chief Information Officer. 

[FR Doc. 2010–3403 Filed 2–19–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

U.S. Geological Survey 

Proposed Information Collection; 

Nonindigenous Aquatic Species 

Sighting Reporting Form 

AGENCY: United States Geological 

Survey (USGS), Interior. 

ACTION: Notice of a new collection; 

request for comments. 

SUMMARY: We (the U.S. Geological 

Survey) will ask the Office of 

Management and Budget (OMB) to 

approve the information collection (IC) 

described below. As required by the 

Paperwork Reduction Act of 1995 and 

as a part of our continuing effort to 

reduce paperwork and respondent 

burden, we invite the general public and 

other federal agencies to take this 

opportunity to comment on this IC. We 

may not conduct or sponsor and a 

person is not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. 

DATES: You must submit comment on or 

before April 23, 2010. 

ADDRESSES: Send your comments on the 

ICR to Phadrea Ponds, Information 

Collection Clearance Officer, U.S. 

Geological Survey, 2150–C Centre 

Avenue, Fort Collins, CO 80526 (mail); 

pponds@usgs.gov. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, please contact USGS Pam 

Fuller at 7920 NW. 71st Street, 

Gainesville, Florida 32653 (mail); 

pam_fuller@usgs.gov (e-mail); or by 

telephone (352) 264–3481. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

Information is collected from the 

public regarding the distribution of 

nonindigenous aquatic species, 

primarily fish, in open waters of the 

United States. This is vital information 

for early detection and rapid response 

for the possible eradication of organisms 

that may be considered invasive in a 

natural environment such as a lake, 

river, stream, and pond. These species 

are not native to the environment in 

which they are now found. 

Nonindigenous species can and do have 

negative impacts on our natives species. 

Early detection is a major focus of the 

Bureau. The public can help us with 

this task by serving as the ‘‘eyes and 

ears’’ for our Program because the USGS 

cannot possibly be everywhere, 

observing and monitoring all open 

waters for nonindigenous aquatic 

species. 

The USGS does not actively solicit 

this information; a form is posted on our 

Web site to be completed with biologic, 

geographic and sender information. It is 

completely voluntary and sent to us 

only when the public has encountered 

a nonindigenous aquatic organism, 

usually through fishing or some other 

outdoor recreational activity and they 

chose to let us know. 

II. Data 

OMB Control Number: None. This is 

a new collection. 

Title: Nonindigenous Aquatic Species 

Sighting Reporting Form. 


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