Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 47729 

PART 307—FACILITIES FOR 

INSPECTION 

1. The authority citation for part 307 

continues to read as follows: 

Authority: 7 U.S.C. 394; 21 U.S.C. 601– 

695; 7 CFR 2.17, 2.55. 

2. In § 307.4(c), revise the second 

sentence to read as follows: 

§ 307.4 Schedule of operations. 

* * * * * 

(c) * * * The basic workweek shall 

consist of 5 consecutive 8-hour days 

within the administrative workweek 

Sunday through Saturday, and shall 

include the necessary time for FSIS 

inspection program personnel to put on 

required gear and to walk to a work 

station, and the necessary time for FSIS 

inspection program personnel to return 

from a work station and remove 

required gear, excluding the lunch 

period; except that, when possible, the 

Department shall schedule the basic 

workweek so as to consist of 5 

consecutive 8-hour days Monday 

through Friday, and shall include the 

necessary time for FSIS inspection 

program personnel to put on required 

gear and to walk to a work station, and 

the necessary time for FSIS inspection 

program personnel to return from a 

work station and remove required gear, 

excluding the lunch period. * * * 

* * * * * 

PART 381—POULTRY PRODUCTS 

INSPECTION REGULATIONS 

3. The authority citation for part 381 

continues to read as follows: 

Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 

451–470; 7 CFR 2.7, 2.18, 2.53. 

4. In § 381.37(c), revise the second 

sentence to read as follows: 

§ 381.37 Schedule of operations. 

* * * * * 

(c) * * * The basic workweek shall 

consist of 5 consecutive 8-hour days 

within the administrative workweek 

Sunday through Saturday, and shall 

include the necessary time for FSIS 

inspection program personnel to put on 

required gear and to walk to a work 

station, and the necessary time for FSIS 

inspection program personnel to return 

from a work station and remove 

required gear, excluding the lunch 

period; except that, when possible, the 

Department shall schedule the basic 

workweek so as to consist of 5 

consecutive 8-hour days Monday 

through Friday, and shall include the 

necessary time for FSIS inspection 

program personnel to put on required 

gear and to walk to a work station, and 

the necessary time for FSIS inspection 

program personnel to return from a 

work station and remove required gear, 

excluding the lunch period. * * * 

* * * * * 

PART 590—INSPECTION OF EGGS 

AND EGG PRODUCTS (EGG 

PRODUCTS INSPECTION ACT) 

5. The authority citation for part 590 

continues to read as follows: 

Authority: 21 U.S.C. 1031–1056. 

6. In § 590.124, in the second 

sentence, after the word ‘‘day’’, add the 

phrase ‘‘and shall include the necessary 

time for FSIS inspection program 

personnel to put on required gear and to 

walk to a work station, and the 

necessary time for FSIS inspection 

program personnel to return from a 

work station and remove required gear’’. 

Done at Washington, DC, on August 2, 

2010. 

Alfred Almanza, 

Administrator. 

[FR Doc. 2010–19346 Filed 8–6–10; 8:45 am] 

BILLING CODE 3410–DM–P 

ELECTION ASSISTANCE COMMISSION 

11 CFR Part 9428 

[EAC–2010–0025] 

National Voter Registration Act 

AGENCY: Election Assistance 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Election Assistance 

Commission (EAC) seeks comments on 

proposed changes to its regulations 

pertaining to the National Voter 

Registration Act of 1993 (NVRA). 

Section 9(a) of the NVRA requires the 

responsible agency to issue regulations 

for developing a national mail voter 

registration form and for submitting a 

biennial report to Congress on the 

impact of the NVRA. EAC proposes to 

amend its NVRA regulations to ensure 

that they are consistent with the Help 

America Vote Act of 2002 (HAVA) and 

to make some technical amendments. 

EAC also invites public comments on 

additional changes to the NVRA 

regulations to improve voter registration 

through the content and format of the 

Federal form and to change the date by 

which States are required to submit data 

to EAC for use in the biennial report to 

Congress on the impact of the NVRA. 

EAC will not make any changes to the 

NVRA regulations until after the 

November 2010 Federal election. EAC 

anticipates issuing a final rule 

pertaining to the regulations 

necessitated by HAVA. EAC may also 

issue new regulations about the content 

and format of the Federal form and the 

biennial report to Congress based on the 

comments it receives on the topics 

discussed in Section VI either in the 

same final rule or in a separate final 

rule. 

DATES: Comments must be received no 

later than 5 p.m.. e.s.t. on November 23, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket number EAC– 

2010–0025, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Those commenting are strongly 

encouraged to submit comments via 

http://www.regulations.gov to ensure 

timely receipt and consideration. 

• E-mail: NVRAregs@eac.gov. Include 

docket number (EAC–2010–0025) in the 

subject line of the message. Comments 

sent via e-mail must include the full 

name, e-mail address, and the postal 

address of the commenter. E-mail 

comments that do not contain the full 

name, e-mail address, and postal 

address of the commenter will not be 

considered. 

• Mail: Send to ‘‘EAC Regulations’’ at 

U.S. Election Assistance Commission, 

1201 New York Avenue, NW., Suite 

300, Washington, DC 20005. Comments 

sent by mail must include the full name 

and the postal address of the commenter 

and be unbound, be on paper no larger 

than 8.5′′ by 11′′; and be submitted in 

duplicate. Comments received via mail 

that do not contain the full name, e-mail 

address, and postal address of the 

commenter will not be considered. 

Mailed comments will not be accepted 

in electronic form (floppy disk, CD, 

etc.). 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

submissions must include the following 

in the subject line: ‘‘Election Assistance 

Commission National Voter Registration 

Act Regulations.’’ All comments 

received will be publicly posted, 

including any personal information 

provided. However, EAC will not post 

comments that contain profanity, 

vulgarity, threats, or other inappropriate 

language. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Karen Lynn-Dyson, Director, Division of 

Research, Policy and Programs or Mr. 

William P. Boehm, Deputy Director of 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

47730 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 

Policy, (202) 566–3100 or (866) 747– 

1471 (toll free). You may also contact 

Ms. Lynn-Dyson or Mr. Boehm at 

NVRAregs@eac.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Voter Registration Act of 

1993 (NVRA), 42 U.S.C. 1973gg et seq. 

requires the responsible agency to 

develop a national mail voter 

registration form for elections to Federal 

office, and to submit a report to 

Congress no later than June 30 of each 

odd-numbered year that assesses the 

impact of the NVRA on the 

administration of elections for Federal 

office during the preceding 2-year 

period and recommends improvements 

in Federal and State procedures, forms, 

and other matters affected by the NVRA. 

The NVRA requires the U.S. Election 

Assistance Commission (EAC) to 

promulgate regulations to administer its 

responsibilities under the NVRA in 

consultation with the chief election 

officers of the States. EAC considers the 

public comment period provided in this 

notice of proposed rulemaking as 

fulfilling the requirement to consult 

with the chief election officers of the 

States. 

After receiving public comment, the 

Federal Election Commission (FEC), 

which previously had responsibility for 

the NVRA, issued regulations 

implementing these requirements on 

June 23, 1994. See 59 FR 32323 June 23, 

1994. The Help America Vote Act of 

2002 (HAVA) 42 U.S.C. 15301 et seq., 

transferred to EAC functions fulfilled by 

the FEC under Section 9(a) of the 

NVRA. The FEC and EAC entered into 

a joint rulemaking to transfer the NVRA 

regulations from the FEC to EAC on July 

29, 2009. See 74 FR 37520 July 29, 2009. 

The transfer became effective on August 

28, 2009. In this notice of proposed 

rulemaking, EAC proposes to amend the 

NVRA regulations within the authority 

granted by the NVRA to reflect HAVA 

requirements and to make technical 

amendments. EAC also invites public 

comments on additional changes to the 

NVRA regulations to improve voter 

registration through the content and 

format of the Federal form and to 

change the date by which States are 

required to submit data to EAC for use 

in the biennial report to Congress on the 

impact of the NVRA. 

II. National Mail Voter Registration 

Form 

Persons wishing to register to vote 

may use the national mail voter 

registration form (‘‘Federal form’’ or 

‘‘form’’) to apply for voter registration. 

After completing the form, an applicant 

submits her/his form for processing. 

States covered by the NVRA process the 

information from the form to register an 

applicant to vote. The NVRA does not 

apply to States ‘‘in which, under law 

that is in effect continuously on and 

after August 1, 1994, there is no voter 

registration requirement for any voter in 

the State with respect to an election for 

Federal office.’’ See 42 U.S.C. 1973gg– 

2(b)(1). North Dakota is exempt from 

implementing the NVRA under this 

provision. Nor does the NVRA apply to 

States ‘‘in which, under law that is in 

effect continuously on and after August 

1, 1994, or that was enacted on or prior 

to August 1, 1994 and by its terms is to 

come into effect upon the enactment’’ of 

the NVRA, ‘‘so long as that law remains 

in effect, all voters in the State may 

register to vote at the polling place at 

the time of voting in a general election 

for Federal office.’’ See 42 U.S.C. 

1973gg–2(b)(2). Idaho, Minnesota, New 

Hampshire, Wisconsin, and Wyoming 

are exempt from the NVRA under this 

provision. Neither EAC nor any other 

Federal agency processes or collects any 

information from the Federal form that 

a registration applicant submits to a 

State. Rather, EAC prescribes the 

Federal form, and States collect and 

record the information applicants 

submit. 

The Federal form is composed of the 

registration application, instructions for 

completing the application (General 

Instructions and Application 

Instructions), and State-specific 

instructions that identify each State’s 

particular requirements. A copy of the 

current form is available on EAC’s Web 

site, at http://www.eac.gov (click on 

National Voter Registration Act). 

Information about obtaining a form can 

be obtained by calling EAC at (202) 566– 

3100 or (866) 747–1471 (toll free). 

In seeking comments on the proposed 

regulation applicable to the Federal 

form, EAC encourages commenters to 

consider the usability and clarity of the 

Federal form while accommodating 

requirements under the NVRA and 

HAVA. 

HAVA requirements affect both the 

content and the format of the Federal 

form. HAVA requires the addition of 

specific questions on citizenship and 

age, mandates the inclusion of 

instructions concerning documentation 

that is required from first-time voters 

registering by mail, and specifies voter 

identification number requirements for 

some States. The FEC, in accordance 

with the mandates of HAVA, 

incorporated the HAVA requirements 

on the Federal form in 2003. The NVRA 

regulations, however, have not been 

similarly amended to reflect the 

requirements of HAVA. EAC seeks 

comment on how the regulations 

applicable to the Federal form should be 

amended to incorporate these 

requirements. EAC’s current regulations 

implementing the NVRA can be found 

at 11 CFR 9428. 

A copy of the proposed regulations 

with amendatory language can be 

reviewed at the EAC Web site: http:// 

www.eac.gov by clicking on the tab for 

the National Voter Registration Act. 

III. Contents of the National Mail Voter 

Registration Form 

Title 11 CFR 9428.4(a) and (c), in 

compliance with the NVRA 

requirements at 42 U.S.C. 1973gg– 

7(b)(1), directs applicants to provide: (1) 

Their full name; (2) any former name(s) 

(if applicable); (3) their residential 

address; (4) their mailing address (if 

different); (5) a former address under 

certain circumstances; (6) their date of 

birth; (7) their telephone number 

(optional); (8) their voter identification 

number, with reference to the Statespecific instructions for the State 

identification number requirements; (9) 

their political party preference (for those 

States that require the declaration of 

party affiliation in order to participate 

in that party’s nominating process); and 

(10) a statement of race/ethnicity (if 

required by the applicant’s State). In 

accordance with 11 CFR 9428.4(b)(5) 

and in compliance with NVRA 

requirements at 42 U.S.C. 1973gg– 

7(b)(1), the application also provides a 

field for the name, address, and 

(optional) telephone number of the 

person who assisted the applicant in 

completing the form, if the applicant is 

unable to sign the application without 

assistance. In accordance with 11 CFR 

9428.4(b)(1)–(3) and the NVRA 

requirements at 42 U.S.C. 1973gg– 

7(b)(2), the form: (1) Specifies each 

eligibility requirement (including 

citizenship and age), with reference to 

the eligibility requirements listed in the 

State-specific information; (2) contains 

an attestation that the applicant meets 

each such requirement; and (3) provides 

a field on the application for the 

signature of the applicant, under 

penalty of perjury. In addition, in 

accordance with 11 CFR 9428.4(b)(4), 

(6), and (7) and the NVRA requirements 

at 42 U.S.C. 1973gg–6(a)(5) and 

7(b)(4)(i), the form includes: (1) A 

statement informing the applicant of the 

penalties provided by law for 

submitting a false voter registration 

application; (2) a statement that, if an 

applicant declines to register to vote, the 

fact that the applicant has declined to 

register will remain confidential and 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 47731 

will be used only for voter registration 

purposes; and (3) a statement that if an 

applicant does register to vote, the office 

at which the applicant submits a voter 

registration application will remain 

confidential and the information 

provided will be used only for voter 

registration purposes. 

EAC is proposing to modify the 

regulations that address the contents of 

the Federal form to account for HAVA 

requirements, and any exemptions to: 

(1) Voter identification number, in 

accordance with provisions at 42 U.S.C. 

15483(a)(5)(A) and (D) and 42 U.S.C. 

15483(d)(1); (2) questions concerning 

citizenship and age, along with 

associated check boxes and instructions, 

in accordance with 42 U.S.C. 

15483(b)(4)(A)(i) through (iii); and (3) 

instructions for first-time voters who are 

required to provide voter identification 

documents, in accordance with 

requirements at 42 U.S.C. 15483(b)(1)– 

(3) and (4)(A)(iv). These proposed 

revisions would affect information 

about the applicant’s voter 

identification number, addressed by 11 

CFR 9428.4(a)(6), and the additional 

information listed in 11 CFR 9428.4(b). 

A. Voter Identification Number 

HAVA, at 42 U.S.C. 15483(a)(5)(A)(i), 

provides that a State may not accept or 

process an application for voter 

registration for an election for Federal 

office unless the applicant includes: (1) 

A driver’s license number, in the case of 

an applicant who has been issued a 

current and valid driver’s license; or (2) 

the last four digits of the applicant’s 

social security number, if the applicant 

does not have a valid driver’s license. 

HAVA exempts States from 

implementing this requirement if the 

applicant does not have a driver’s 

license number or social security 

number. 42 U.S.C. 15483(a)(5)(A)(ii). 

HAVA also provides that the 

identification (ID) number requirements 

of HAVA, at 42 U.S.C. 15483(a)(5), are 

optional for those States permitted to 

use the social security number on voter 

registration application in accordance 

with the Privacy Act of 1974 (5 U.S.C. 

552a note). 42 U.S.C. 15483(a)(5)(D). 

EAC proposes to revise 11 CFR 

9428.4(a)(6)(i) to recognize that 

requirements of Federal law may affect 

the notices that States are required to 

provide to applicants. The effect of this 

proposed amendment will be to retain 

the current instructions for completing 

Box 6–ID Number, which were 

previously placed on the form to 

comply with HAVA. EAC also proposes 

a technical amendment to 11 CFR 

9428.4(a)(6)(ii) to include the Privacy 

Act notice provided when the social 

security number is requested or 

required. 

EAC invites comments on the 

proposed regulation, at 11 CFR 

9428.4(a)(6), and specific suggestions for 

the instructions for Box 6–ID Number to 

provide clear direction to applicants. 

B. Additional Information Required 

HAVA, at 42 U.S.C. 15483(b)(4)(A)(i)– 

(iii), requires that the following four 

statements be included on the form: (1) 

The question ‘‘Are you a citizen of the 

United States of America?’’ and boxes 

for the applicant to check to indicate 

whether the applicant is or is not a 

citizen of the United States; (2) the 

question ‘‘Will you be 18 years of age on 

or before election day?’’ and boxes for 

the applicant to check to indicate 

whether or not the applicant will be 18 

years of age or older on election day; (3) 

the statement ‘‘If you checked ‘no’ in 

response to either of these questions, do 

not complete this form’’; and (4) a 

statement informing the applicant that if 

the form is submitted by mail and the 

individual is registering for the first 

time, additional documentation must be 

submitted with the mail-in registration 

form in order to avoid having to provide 

it upon voting the first time. The 

referenced documentation requirements 

and relevant implementation provisions 

are addressed at 42 U.S.C. 15483(b)(1)– 

(3). 

EAC proposes to amend 11 CFR 

9428.4(b) to recognize that Federal 

requirements other than the NVRA may 

affect the listed requirements—for 

example, the Privacy Act and HAVA— 

and to insert in the subsequent list the 

four HAVA items described above. The 

elements of the Federal form required 

by HAVA are in addition to those 

previously included by the NVRA. 

Therefore, nothing in the original FEC 

regulations or corresponding language 

on the Federal form should be revised 

or deleted. The insertion of the items 

will require the renumbering of the 

regulations. 

The inclusion of the question ‘‘Will 

you be 18 years of age on or before 

election day?’’ that is mandated by 42 

U.S.C. 15483(b)(4)(A)(ii) requires 

additional amendment to the NVRA 

regulations. Several States permit 

persons under age 18 to use a voter 

registration form to register and to vote 

in primary elections if they will be 18 

years of age by the date of the general 

election. Further, other States permit 

persons under age 18 to use a voter 

registration form to pre-register to vote 

so that upon achieving 18 years of age, 

that applicant is registered to vote. 

Due to differences in State age 

eligibility requirements, EAC proposes 

to amend 11 CFR 9428.4(b)(3) to provide 

for the placement of a notice underneath 

the sentence on the application that 

instructs applicants not to complete the 

form if they checked ‘‘No’’ in response 

to either question: The notice will 

advise applicants to review their Statespecific instructions for rules regarding 

eligibility to register prior to age 18. The 

effect of this proposal is to retain the 

current exception notice, placed on the 

form in 2003 to accommodate State age 

eligibility requirements. 

Under HAVA, at 42 U.S.C. 15483(b)(1) 

and (2), first-time voters have additional 

documentation requirements that must 

be included along with the application. 

First-time voters are individuals who 

have not ‘‘previously voted in an 

election for Federal office in the State’’ 

or who have not ‘‘previously voted in 

such an election in the jurisdiction and 

the jurisdiction is located in a State that 

does not have a computerized list that 

complies with the requirements of’’ 

42 U.S.C. 15483(a), 42 U.S.C. 

15483(b)(1)(B). First-time voters who 

register by mail must provide current 

and valid photo identification in person 

(or a copy of such photo identification 

if voting by mail), or they must provide 

a copy of another document, such as a 

current utility bill or bank statement, 

that shows their name and address 

before they will be allowed to vote. This 

requirement does not apply if the voter 

includes a copy of current and valid 

photo identification or other acceptable 

documentation as part of his or her 

voter registration application. 42 U.S.C. 

15483(b)(3)(A). This requirement also 

does not apply to an individual who is 

entitled to vote by absentee ballot under 

the Uniformed and Overseas Citizens 

Absentee Voting Act, at 42 U.S.C. 

1973ff–1 et seq.; who is provided the 

right to vote otherwise than in person 

under Section 3(b)(2)(B)(ii) of the Voting 

Accessibility for the Elderly and 

Handicapped Act, at 42 U.S.C. 1973ee– 

1(b)(2)(B)(ii); or who is entitled to vote 

otherwise than in person under any 

other Federal law. Additionally, this 

requirement is inapplicable to those 

who submit either a driver’s license 

number or the last four digits of the 

individual’s social security number, and 

the State or local election official 

matches the information with an 

existing State identification record 

bearing the same number, name, and 

date of birth. 42 U.S.C. 15483(b)(3)(B). 

While the 2008 Election 

Administration & Voting Survey 

indicates that all States have a 

computerized list, the type of list and 

voter identification requirements vary 

from State to State. Given the potential 

variations among the States, EAC 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

47732 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 

proposes to amend 11 CFR 9428.4(b) to 

require that an instruction be placed on 

the Federal form for first-time voters 

who register by mail advising them: 

(1) Of the acceptable forms of voter 

identification documents; (2) to review 

their State-specific instructions to 

determine if they must provide the 

documentation with the application to 

avoid having to provide it the first time 

they vote; and (3) of Federal statutes 

under which certain persons entitled to 

vote by absentee ballot are exempt from 

providing such documentation. 

EAC seeks comment on how the 

current form and corresponding 

regulations should be revised to 

incorporate the first-time voters who 

register by mail provisions and the 

variations in the provision’s application 

in a concise and clear manner. 

IV. Format of the National Mail Voter 

Registration Form 

The current regulations contain 

specifications for a sealable application 

printed on card stock to facilitate the 

submission of the form by mail and to 

withstand the subsequent handling by 

the postal service and election officials. 

The format requirements for the Federal 

form are set forth at 11 CFR 9428.5. This 

regulation addresses size, layout, color, 

signature field, and type size 

requirements for the form. EAC 

proposes to change the current 

requirements related to format to 

facilitate the inclusion of any required 

voter identification document. 

Specifically, EAC proposes to remove 

any reference to a ‘‘card’’ in 11 CFR 

9428.5, including the references to 

postal service stock, weight regulations, 

and the perforated fold. In addition, 

EAC proposes to delete 11 CFR 

9428.5(c)(1)–(2), which include the 

layout requirement for a sealable 

application, and any references to a twosided application. Paragraph 

§ 9428.5(c)(3) will become paragraph (c). 

In lieu of a sealable, two-sided 

application card that meets postal 

service regulations and includes address 

lines to be completed by the applicant 

using the State information provided, 

EAC proposes to adopt requirements for 

a lighter weight application that can be 

enclosed, along with any required 

documentation, in an envelope when 

submitted by mail. Instructions relating 

to this proposed change are already 

contained on the form in the instruction 

entitled ‘‘How to Submit Your 

Application.’’ This instruction directs 

the applicant to enclose the application, 

along with any required voter 

identification document, in an envelope 

and to affix sufficient first-class postage. 

Inclusion of this instruction on the form 

will require additional language in the 

regulations. Accordingly, EAC proposes 

to amend 11 CFR 9428.4(b) by adding a 

new requirement for this instruction. 

EAC moreover proposes to amend the 

format-specific regulations to 

accommodate first-time voters who 

register by mail. The current format 

specifications cannot be implemented 

easily with the HAVA requirements 

using the sealable application card 

because documentation submitted with 

the card could be lost in the mail. 

Because this lighter weight stock does 

not meet postal service regulations for 

postcard mailings, such applications 

either have to be submitted by mail in 

an envelope addressed to the proper 

authority or submitted in person. The 

proposed revision to the format 

regulations and the corresponding 

specifications would require all States 

that accept the Federal form to accept 

the form on lighter weight paper. 

EAC seeks comment on its proposed 

amendment of the current formatspecific regulations, especially as to 

how it may affect the submission of the 

application by applicants and the 

subsequent handling of the application 

by election officials. 

V. Technical Amendments 

EAC proposes several technical 

amendments to 11 CFR 9428. First, 11 

CFR 9428.1 should be amended to 

clearly identify that EAC is the agency 

responsible for issuing regulations 

under the NVRA and to clarify that the 

regulations are impacted by the passage 

of HAVA. Second, 11 CFR 9428.3 is 

similarly amended to clarify that 

Subpart B of the regulations contains 

the requirements for the Federal form. 

Finally, there are a number of sections 

which contain dates that are no longer 

relevant and, therefore, should be 

deleted. These dates are contained in 11 

CFR 9428.6(a) and 9428.7(c). 

Title 11 CFR 9428.6 contains a list of 

information that each State is to provide 

to EAC regarding its State-specific 

instructions. Title 11 CFR 9428.6(a) 

specifies a deadline for each State to 

provide the information for its initial 

State-specific instructions to the FEC 

after the NVRA was enacted. Paragraph 

(a) states currently that ‘‘Each chief State 

election official shall certify to the EAC 

within 30 days after July 25, 1994.’’ EAC 

proposes that 11 CFR 9428.6(a) be 

amended to reflect that the information 

included in this subsection is required 

to appear in the State-specific 

instructions. 

Should the public wish to see 

previous requirements, those remain 

available through archived versions of 

the Code of Federal Regulations. 

Further, should EAC take action in its 

final rulemaking to remove 11 CFR 

9428.6(a), its final rulemaking notice 

will explain the change. The Federal 

Register notice of any final rulemaking 

will be available through the printed 

and electronic versions of the Federal 

Register for historical information. 

VI. Request for Other Comments 

The primary purpose of this notice of 

proposed rulemaking is to promulgate 

regulations necessitated by HAVA about 

the content and format of the national 

mail voter registration form. However, 

EAC recognizes that the public may 

have comments about other aspects of 

NVRA regulations under EAC’s 

authority. EAC anticipates issuing a 

final rule pertaining to the regulations 

necessitated by HAVA. EAC may also 

issue new regulations about the content 

and format of the Federal form and the 

biennial report to Congress based on the 

comments it receives on the topics that 

follow either in the same final rule or in 

a separate final rule. 

A. Content and Format of the National 

Mail Voter Registration Form 

EAC encourages comments that seek 

to improve the content of the Federal 

form other than those required by 

HAVA. EAC is particularly interested in 

receiving comments on the following: 

(1) Providing an applicant for voter 

registration the option of inserting an 

e-mail address on the Federal form and 

amend accordingly 11 CFR 9428.4(a)(5) 

and Box 5 on the form, and (2) 

considering ways to accommodate 

overseas citizens and military voters, 

such as through the placement of boxes 

on the Federal form for applicants to 

indicate if they are a military or 

overseas citizen, which may assist 

States in fulfilling the requirements of 

the Uniformed and Overseas Citizens 

Absentee Voting Act (UOCAVA). EAC 

seeks comment on these specific areas 

in addition to other specific 

recommendations for changes to the 

content of the national mail voter 

registration form consistent with EAC’s 

authority under the NVRA and HAVA. 

EAC further realizes that additional 

changes to format might be necessary or 

desirable. EAC welcomes 

recommendations for changes in the 

format of the Federal form. Commenters 

who offer specific suggestions on how to 

incorporate elements consistent with 

the NVRA and HAVA are urged to 

consider how their proposed changes 

would impact format requirements and, 

if appropriate, suggest any revisions to 

11 CFR 9428.5 that might be necessary 

should their recommendations be 

considered for adoption. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 47733 

EAC has created a ‘‘fillable’’ Federal 

form available in an electronic format 

on its Web site for use by the public. 

Persons wishing to register to vote may 

access the form on the Web site, fill the 

form out, print the form, sign it, and 

mail it to the appropriate State address. 

At this time, EAC has not proposed an 

amendment to the current NVRA 

regulations to address the use of the 

Federal form in an electronic format. 

EAC, however, seeks comment on 

amending the regulations to incorporate 

new technologies to facilitate 

applicants’ use of the Federal form. EAC 

is particularly interested in receiving 

comments on how EAC’s regulations 

may be amended to accommodate the 

use of new technologies in an accessible 

and usable format, consistent with 

Federal statutes and regulations. 

B. Report to Congress 

While HAVA did not affect the NVRA 

requirement that EAC submit a biennial 

report to Congress, EAC requests NVRAspecific information as part of its 

Election Administration and Voting 

Survey. EAC also uses this survey to 

request UOCAVA information. The 

UOCAVA reporting deadline, however, 

is earlier than the current NVRA 

reporting deadline at 11 CFR 9428.7(a). 

EAC believes these deadlines should be 

uniform. 

Title 11 CFR 9428.7 prescribes the 

data that each State covered by the 

NVRA must provide to EAC to enable it 

to submit the NVRA-required report to 

Congress in the year following a Federal 

election. The deadline in 11 CFR 

9428.7(a) requires each chief State 

election official to file the prescribed 

information by March 31 of each oddnumbered year. EAC obtains this 

information via the Election 

Administration and Voting Survey. The 

Survey also contains questions related 

to election administration including 

those prescribed by UOCAVA, relative 

to absentee ballots for military and 

overseas citizens. Section 102(c) of 

UOCAVA states ‘‘Not later than 90 days 

after the date of each regularly 

scheduled general election for Federal 

office, each State and unit of local 

government which administered the 

election shall (through the State, in the 

case of a unit of local government) 

submit a report to the Election 

Assistance Commission (established 

under the Help America Vote Act of 

2002) on the combined number of 

absentee ballots transmitted to absent 

uniformed services voters and overseas 

voters for the election and the combined 

number of such ballots which were 

returned by such voters and cast in the 

election, and shall make such report 

available to the general public.’’ Since 

UOCAVA information is obtained from 

the States via the same survey 

containing information used to file the 

report to Congress required by the 

NVRA at 42 U.S.C. 1973gg–7(a), EAC is 

interested in receiving public comment 

on changing the March 31 deadline 

contained in 11 CFR 9428.7(a) to be 

consistent with the 90 day submission 

requirement specified in UOCAVA. 

List of Subjects in 11 CFR Part 9428 

Elections, Reporting and 

recordkeeping requirements. 

For the reasons stated in the 

preamble, EAC proposes to amend its 

regulations at 11 CFR part. 9428 as 

follows: 

PART 9428—NATIONAL VOTER 

REGISTRATION ACT (42 U.S.C. 

1973gg–1 et seq.) 

1. The authority citation for part 9428 

is revised to reads as follows: 

Authority: 42 U.S.C. 1973gg–1 et seq., 42 

U.S.C. 15301 et seq. 

2. Revise the first sentence of § 9428.1 

to read as follows: 

§ 9428.1 Purpose & scope. 

The regulations in this part 

implement the responsibilities 

delegated to the U.S. Election 

Assistance Commission under Section 9 

of the National Voter Registration Act of 

1993, Public Law 103–31, 97 Stat. 77, 

42 U.S.C. 1973gg–1 et seq. (‘‘NVRA’’) as 

amended by the Help America Vote Act 

of 2002 (Pub. L. 107–252, 116 Stat. 

1666, 42 U.S.C. 15301 et seq.).* * * 

3. Revise paragraph (c) of § 9428.3 to 

read as follows: 

§ 9428.3 General Information. 

* * * * * 

(c) States shall accept, use, and make 

available the form described in this 

subpart. 

4. Amend § 9428.4 as follows: 

a. Revise paragraphs (a)(6); 

b. Redesignate paragraphs (b)(1) 

through (b)(7) as (b)(6) through (b)(12); 

c. Revise the introductory text of (b); 

and 

d. Add new paragraphs (b)(1) through 

(b)(5). 

§ 9428.4 Contents. 

(a) * * * 

(6) Voter Identification number as 

required or requested by the applicant’s 

State of residence for election 

administration purposes or as required 

by Federal law. 

(i) The application shall direct the 

applicant to consult the accompanying 

State-specific instructions to determine 

what type of voter identification number 

is required or requested by the 

applicant’s State or by Federal law 

affecting that State. 

(ii) For each State that requests or 

requires the applicant’s full social 

security number as its voter 

identification, the State’s Privacy Act 

notice required at 11 CFR 9428.6(c) 

shall be reprinted with instructions for 

that State. 

* * * * * 

(b) Additional information required 

by Federal law. (42 U.S.C. 1973gg–7(b) 

(2) and (4) and the Help America Vote 

Act of 2002, 42 U.S.C. 15483(b)(4)(i)– 

(iv)). The form shall also: 

(1) Include the question ‘‘Are you a 

citizen of the United States of America?’’ 

and boxes for the applicant to check to 

indicate whether the applicant is or is 

not a citizen of the United States. 

(2) Include the question ‘‘Will you be 

18 years of age on or before election 

day?’’ and boxes for the applicant to 

check to indicate whether or not the 

applicant will be 18 years of age or older 

on election day. 

(3) With regard to the statements 

required in paragraphs (b)(1) and (b)(2) 

of this section, include the statements 

‘‘If you checked ‘no’ in response to 

either of these questions, do not 

complete this form.’’ and ‘‘(Exception: If 

you will be under 18 years of age as of 

the next election, you may complete this 

form if your State-specific instructions 

for item 9 on the form indicate that you 

are eligible to register to vote now.)’’ 

(4) Include instructions for first-time 

voters who register by mail that include 

the list of acceptable voter identification 

documents, reference to the State 

instructions so that applicants may 

determine if they must provide this 

documentation with the application to 

avoid having to provide it the first time 

they vote, and the reference to Federal 

statutes under which certain persons are 

entitled to vote by absentee ballot and 

are exempt from providing such 

documentation. 

(5) Include an instruction advising 

applicants how to mail their completed 

application. 

* * * * * 

5. Revise paragraphs (a), (b), and (c) 

of § 9428.5 to read as follows: 

§ 9428.5 Format. 

(a) The application shall conform to 

the technical specifications described in 

this Chapter. 

(b) Size. The application shall consist 

of the top half of an 8.5′′ by 11′′ sheet 

of paper. The bottom half of the paper 

shall contain space for the information 

set forth at § 9428.4(c) of this part. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

47734 Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Proposed Rules 

(c) Layout. Both sides of the 

application shall contain space 

designated ‘‘For Official Use Only.’’ 

* * * * * 

6. Amend § 9428.6 by revising 

paragraph (a) introductory text to read 

as follows: 

§ 9428.6 Chief State Election Official. 

(a) The following information shall be 

included for each state in the Statespecific instructions on the form: 

* * * * * 

§ 9428.7 [Amended] 

7. Remove paragraph (c) of § 9428.7. 

Donetta L. Davidson, 

Chair, U.S. Election Assistance Commission. 

[FR Doc. 2010–19514 Filed 8–6–10; 8:45 am] 

BILLING CODE 6820–KF–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0778; Directorate 

Identifier 2010–CE–034–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piaggio Aero 

Industries S.p.A. Model PIAGGIO P– 

180 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Some cases of corrosion were detected in 

the interface between the elevator hinges 

fittings (metallic) and the horizontal 

stabilizer (carbon fibre); investigation 

identified the cause in galvanic corrosion 

between dissimilar materials. 

If left uncorrected, this situation could lead 

to a structural failure of the elevator, which 

could result in possible loss of control of the 

aeroplane. 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by September 23, 

2010. 

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 proposed 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: 

Sarjapur Nagarajan, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; telephone: (816) 329– 

4145; fax: (816) 329–4090; e-mail: 

sarjapur.nagarajan@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0778; Directorate Identifier 

2010–CE–034–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed 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 proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No.: 

2010–0124 (Correction: June 22, 2010), 

dated June 22, 2010, (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products The 

MCAI states: 

Some cases of corrosion were detected in 

the interface between the elevator hinges 

fittings (metallic) and the horizontal 

stabilizer (carbon fibre); investigation 

identified the cause in galvanic corrosion 

between dissimilar materials. 

If left uncorrected, this situation could lead 

to a structural failure of the elevator, which 

could result in possible loss of control of the 

aeroplane. 

This AD requires: 

(1) Inspection of the hinges fittings for 

corrosion and of the stabilizer for 

delamination; 

(2) Repair of the stabilizer, if necessary; 

(3) Replacement of the fittings, if corroded; 

(4) Improvement of fittings installation; 

(5) Installation of aluminum strips in the 

stabilizer to improve bonding, in accordance 

with Piaggio Aero Industries (PAI) Service 

Bulletin (SB) 80–0262 Revision 2. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

PIAGGIO AERO INDUSTRIES S.p.A. 

has issued Service Bulletin 

(MANDATORY) N.: SB–80–0262, 

Revision 2, dated March 17, 2010. 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 Proposed 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 proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed AD 

and the MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS