52752 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 

Estimated Total Burden Hours: 66,666 

hours. 

Total Burden Cost (capital/startup): 

None. 

Total Burden Cost (operating/ 

maintenance): None. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: October, 6, 2009. 

Rhonda Taylor, 

Acting Director of Corporate Relations. 

[FR Doc. E9–24654 Filed 10–13–09; 8:45 am] 

BILLING CODE 6050–$$–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before 

November 13, 2009. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503, be faxed to (202) 395–5806 or 

send e-mail to 

oira_submission@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The IC Clearance 

Official, Regulatory Information 

Management Services, Office of 

Management, publishes that notice 

containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g., new, revision, extension, existing 

or reinstatement; (2) Title; (3) Summary 

of the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

Dated: October 7, 2009. 

Angela C. Arrington, 

Director, Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of Management. 

Institute of Education Sciences 

Type of Review: Revision. 

Title: Common Core of Data National 

Public Education Financial Survey 

(NPEFS) 2009–11. 

Frequency: Annually. 

Affected Public: State, Local, or Tribal 

Gov’t, SEAs or LEAs. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 56. 

Burden Hours: 5264. 

Abstract: As a result of American 

Recovery and Reinvestment Act of 2009 

(ARRA), NCES has been asked to add 

six data items to the Common Core of 

Data National Public Education 

Financial Survey (NPEFS) in order to 

allow an adjustment in the state per 

pupil expenditure (SPPE) used in 

allocating Title I, Impact Aid, and other 

ED funds. The Department must be able 

to exclude the ARRA expenditures from 

the SPPE so that they will not affect the 

allocation process. States are already 

required to track the ARRA revenues 

separately. The six additional data items 

will provide the necessary detail to 

exclude ARRA expenditures from SPPE 

and allow states to report total ARRA 

expenditures and their functional 

allocations, such as for classroom 

instruction or school construction. The 

estimated additional data burden time is 

8 hours per respondent, for a total of 79 

burden hours per state data technician 

and 19 burden hours per state data 

manager (total 5,264 burden hours). 

NPEFS annually gathers universe 

information from states about revenues 

and expenditures for public education, 

specifically revenues by source and 

expenditures by function and object, 

such as school administration costs, 

student transportation, food services, 

salaries, benefits, and supply costs. 

Requests for copies of the information 

collection submission for OMB review 

may be accessed from http:// 

edicsweb.ed.gov, by selecting the 

‘‘Browse Pending Collections’’ link and 

by clicking on link number 4108. When 

you access the information collection, 

click on ‘‘Download Attachments ’’ to 

view. Written requests for information 

should be addressed to U.S. Department 

of Education, 400 Maryland Avenue, 

SW., LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to the Internet address 

ICDocketMgr@ed.gov or faxed to 202– 

401–0920. Please specify the complete 

title of the information collection when 

making your request. 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to 

ICDocketMgr@ed.gov. Individuals who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

[FR Doc. E9–24727 Filed 10–13–09; 8:45 am] 

BILLING CODE 4000–01–P 

ELECTION ASSISTANCE COMMISSION 

Publication of State Plan Pursuant to 

the Help America Vote Act 

AGENCY: U.S. Election Assistance 

Commission (EAC). 

ACTION: Notice. 

SUMMARY: Pursuant to sections 

254(a)(11)(A) and 255(b) of the Help 

America Vote Act (HAVA), Public Law 

107–252, the U.S. Election Assistance 

Commission (EAC) hereby causes to be 

published in the Federal Register 

changes to the HAVA State plans 

previously submitted by Indiana. 

DATES: This notice is effective upon 

publication in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Whitener, Telephone 202–566– 

3100 or 1–866–747–1471 (toll-free). 

Submit Comments: Any comments 

regarding the plans published herewith 

should be made in writing to the chief 

election official of the individual State 

at the address listed below. 

SUPPLEMENTARY INFORMATION: On March 

24, 2004, the U.S. Election Assistance 

Commission published in the Federal 

Register the original HAVA State plans 

filed by the fifty States, the District of 

Columbia and the Territories of 

American Samoa, Guam, Puerto Rico, 

and the U.S. Virgin Islands. 69 FR 

14002. HAVA anticipated that States, 

Territories and the District of Columbia 

would change or update their plans 

from time to time pursuant to HAVA 

section 254(a)(11) through (13). HAVA 

sections 254(a)(11)(A) and 255 require 

EAC to publish such updates. This is 

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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Notices 52753 

the second revision the State plans for 

Indiana. 

The revised State plans from Indiana 

provides information on program 

accomplishments and address changes 

in the respective budgets to account for 

the use of Fiscal Year 2008 and 2009 

requirements payments. In accordance 

with HAVA section 254(a)(12), the State 

plan submitted for publication provides 

information on how Indiana succeeded 

in carrying out its previous State plan. 

The State confirms that the changes to 

the State plan were developed and 

submitted to public comment in 

accordance with HAVA sections 

254(a)(11), 255, and 256. 

Upon the expiration of thirty days 

from October 14, 2009, the State is 

eligible to implement the changes 

addressed in the plan that is published 

herein, in accordance with HAVA 

section 254(a)(11)(C). 

EAC wishes to acknowledge the effort 

that went into revising this State plan 

and encourages further public comment, 

in writing, to the State election official 

listed below. 

Chief State Election Officials 

The Honorable Todd Rokita, Secretary 

of State, State of Indiana, The State 

House, Room 201, Indianapolis, Indiana 

46204, Phone: (317) 232–6531. 

Thank you for your interest in 

improving the voting process in 

America. 

Dated: October 2, 2009. 

Thomas R. Wilkey, 

Executive Director, U.S. Election Assistance 

Commission. 

BILLING CODE 6820–KF–P 

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[FR Doc. E9–24538 Filed 10–13–09; 8:45 am] 

BILLING CODE 6820–KF–C 

DEPARTMENT OF ENERGY 

Adjusted Indemnification Amount 

AGENCY: Department of Energy. 

ACTION: Notice of adjusted 

indemnification amount. 

SUMMARY: The Department of Energy 

(DOE) is announcing the adjusted 

amount of indemnification provided 

under subsection 170d. of the Atomic 

Energy Act of 1954 (AEA), 42 U.S.C. 

2210d., commonly known as the PriceAnderson Act, consistent with section 

607 of the Energy Policy Act of 2005, 

Public Law 109–58 (EPAct 2005). 

Section 607 (‘‘Inflation Adjustment’’) of 

EPAct 2005 amended subsection 170t. 

of the AEA by requiring the adjustment 

of the indemnification amount not less 

than once during each 5-year period 

following July 1, 2003, in accordance 

with the aggregate percentage change in 

the Consumer Price Index (CPI) since 

that date. This notice announces 

$11.961 billion as the inflation-adjusted 

amount based on the aggregate 

percentage change in the CPI during the 

initial 5-year period. 

DATES: This action is effective October 

14, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

S. Boulden III, Acting Director (HS–40), 

Office of Enforcement, Office of Health, 

Safety and Security, U.S. Department of 

Energy, 19901 Germantown Road, 

Germantown, Maryland 20874, (301) 

903–2178; or Sophia Angelini, Attorney 

Advisor (GC–52), Office of the General 

Counsel, U.S. Department of Energy, 

1000 Independence Ave., SW., 

Washington, DC 20585, (202) 586–6975. 

SUPPLEMENTARY INFORMATION: 

The Price-Anderson Act, section 170 

of the AEA (42 U.S.C. 2210), establishes 

a system of financial protection for 

persons who may be liable for and 

persons who may be injured by a 

‘‘nuclear incident,’’ as defined at section 

11q. of the AEA (42 U.S.C. 2014q.). The 

Price-Anderson Act is administered by 

DOE with respect to the nuclear 

activities of DOE contractors acting on 

its behalf. Subsection 170d. provides 

that the Secretary of Energy shall enter 

into agreements of indemnification with 

any person who may conduct activities 

under a contract with DOE that involve 

the risk of public liability and that are 

not subject to the financial protection 

requirements of the Nuclear Regulatory 

Commission. DOE’s Price-Anderson Act 

indemnification contract provisions are 

codified in the Department of Energy 

Acquisition Regulation (DEAR), which 

sets forth a standard nuclear 

indemnification clause, the Nuclear 

Hazard Indemnity Agreement at 48 CFR 

952.250–70, that is incorporated into all 

DOE contracts and subcontracts 

involving source, special nuclear, or byproduct material. 

The Price-Anderson Amendments Act 

of 2005 (PAAA 2005), enacted as part of 

EPAct 2005, sections 601 through 610, 

altered the indemnity provisions in 

several ways. Specifically, the PAAA 

2005 altered the amount of the 

indemnification by: (1) Specifying $10 

billion as the amount of the 

indemnification for nuclear incidents 

within the United States resulting from 

contractual activities on behalf of DOE 

(section 604); (2) directing the 

adjustment of this indemnification 

amount not less than once during each 

five-year period in accordance with the 

aggregate percentage change in the CPI 

(section 607); and (3) increasing the 

indemnification amount for nuclear 

incidents outside the United States from 

$100 million to $500 million (section 

605). 

With regard to the inflation 

adjustment for indemnification, the 

AEA subsection 170t. was amended by 

adding a new provision requiring the 

adjustment of ‘‘the amount of 

indemnification provided under an 

agreement of indemnification under 

subsection d. not less than once during 

each 5-year period following July 1, 

2003, in accordance with the aggregate 

percentage change in the Consumer 

Price Index since—(A) that date, in the 

case of the first adjustment under this 

paragraph; or (B) the previous 

adjustment under this paragraph.’’ 

Under the AEA subsection 170t.(3), the 

term ‘‘Consumer Price Index’’ is defined 

to mean the CPI for all urban consumers 

published by the Secretary of Labor. The 

CPI in July 2003 was 183.9. In July 2008, 

the CPI was 219.964. This represents an 

increase of approximately 19.61%. 

Application of this increase to the initial 

$10 billion DOE indemnification 

amount results in an inflation-adjusted 

indemnification amount of $11.961 

billion. 

The inflation adjustment under AEA 

subsection 170t. applies only to a 

nuclear incident within the United 

States. Accordingly, the indemnification 

amount for a nuclear incident outside 

the United States continues to be $500 

million. 

The next inflation adjustment will be 

based on the incremental change in the 

CPI between July 1, 2008 and the date 

of the adjustment, which will be no later 

than July 1, 2013. 

This notice of indemnification 

inflation adjustment is a ‘‘rule’’ as 

defined in the Administrative Procedure 

Act (APA) (5 U.S.C. 551(4)). However, 

the APA (5 USC 553(b)(B)) does not 

require an agency to use the public 

notice and comment process ‘‘when the 

agency for good cause finds (and 

incorporates the finding and a brief 

statement of reasons therefore in the 

rules issued) that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest.’’ In this instance, DOE has 

concluded that solicitation of public 

comment is unnecessary. Congress has 

required DOE to adjust the amount of 

indemnification provided under an 

agreement of indemnification under 

section 170d. to reflect inflation in the 

initial and each subsequent 5-year 

period following July 1, 2003, and 

provided no discretion regarding the 

substance of the adjustment process. 

DOE is required only to perform a 

ministerial computation to determine 

the relevant inflation adjustment. On 

the same basis, DOE finds good cause, 

pursuant to 5 USC 553(d)(3) to waive 

the requirement for a 30-day delay in 

the effective date for this rule. As such, 

this rule is effective October 14, 2009. 

DOE has determined that this notice 

of indemnification inflation adjustment 

is the type of action that does not 

individually or cumulatively have a 

significant impact on the human 

environment as set forth in DOE’s 

regulations implementing the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). Specifically, the 

rule is covered under the categorical 

exclusion in paragraph A6 of Appendix 

A to subpart D, 10 CFR part 1021, which 

applies to rulemakings that are strictly 

procedural. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

Dated: Issued in Washington, DC, on 

September 22, 2009. 

Steven Chu, 

Secretary of Energy. 

[FR Doc. E9–24718 Filed 10–13–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Guidance on Energy-Efficiency 

Enforcement Regulations 

AGENCY: Office of the General Counsel, 

Department of Energy. 

ACTION: Notice. 

SUMMARY: This notice sets forth the 

Department of Energy’s (DOE’s) 

interpretation of its energy efficiency 

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