Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 4363 

oversight mechanisms in place to ensure 

fair and orderly markets and the 

protection of investors with respect to 

UTP in any security. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 34–35637, which was 

approved by the Commission on April 

21, 1995. Comments to the proposing 

release and Initial Regulatory Flexibility 

Analysis were considered at that time. 

Office of General Counsel 

Title: Rules of Practice. 

Citation: 17 CFR Parts 200 and 201. 

Authority: 5 U.S.C. 551, 554, 556, and 

557. 

Description: The Commission 

comprehensively revisited its Rules of 

Practice (‘‘Rules’’), the procedural rules 

that govern Commission administrative 

proceedings. The proceedings include 

enforcement proceedings initiated by 

the Commission and review of 

disciplinary proceedings brought by 

self-regulatory organizations. They also 

cover administrative temporary ceaseand-desist and disgorgement orders. The 

Rules implemented revised procedures 

for the conduct of hearings, including 

simplified service of orders instituting 

proceeding, expanded use of prehearing 

conferences, codification of policies on 

the availability of certain investigation 

files to respondents in enforcement and 

disciplinary proceedings, issuance of 

subpoenas returnable prior to hearing 

and the consideration by administrative 

law judges of dispositive motions prior 

to hearing. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 34–35833, which was 

approved by the Commission on June 9, 

1995. The Commission received no 

comments on the Initial Regulatory 

Flexibility Analysis. 

Office of the Chief Accountant 

Title: Amendments to Rule 102(e): 

Appearance and practice before the 

Commission. 

Citation: 17 CFR 201.102. 

Authority: 15 U.S.C. 78a et seq. 

Description: These amendments to the 

Commission’s Rules of Practice clarify 

the Commission’s standard for 

determining when accountants engage 

in ‘‘improper professional conduct’’ 

such that the Commission can censure, 

suspend or bar accountants who appear 

and practice before it. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 34–40567, which was 

approved by the Commission on 

October 19, 1998. Comments to the 

proposing release and Initial Regulatory 

Flexibility analysis were considered at 

that time. 

* * * * * 

Title: Rule 10A–1: Notice to the 

Commission pursuant to Section 10A of 

the Exchange Act. 

Citation: 17 CFR 240.10A–1. 

Authority: 15 U.S.C. 78a et seq. 

Description: These rules are designed 

to implement the reporting 

requirements in Section 10A of the 

Securities Exchange Act of 1934. 

Prior Commission Determination 

Under 5 U.S.C. 601: A Final Regulatory 

Flexibility Analysis was prepared in 

accordance with 5 U.S.C. 604 in 

conjunction with the adoption of 

Release No. 34–38387, which was 

approved by the Commission on March 

12, 1997. Comments to the proposing 

release and Initial Regulatory Flexibility 

analysis were considered at that time. 

The Commission invites public 

comment on both the list and on the 

rules to be reviewed. 

By the Commission. 

Dated: January 14, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–1173 Filed 1–23–09; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF THE INTERIOR 

National Indian Gaming Commission 

25 CFR Parts 502, 514, 531, 533, 535, 

537, 539, 556, 558, 571, and 573 

Amendments to Various National 

Indian Gaming Commission 

Regulations 

AGENCY: National Indian Gaming 

Commission, Interior. 

ACTION: Notice of extension of comment 

period. 

SUMMARY: The National Indian Gaming 

Commission (‘‘NIGC’’) announces the 

extension of the comment period on the 

proposed rule concerning various 

amendments to the National Indian 

Gaming Commission regulations. The 

proposed rule was published in the 

Federal Register on December 22, 2008 

(73 FR 78242). The NIGC is extending 

the comment period to March 9, 2009. 

DATES: Submit comments on the 

proposed various amendments to the 

National Indian Gaming Commission 

regulations on or before March 9, 2009. 

ADDRESSES: Comments can be faxed, 

mailed, or e-mailed. Mail comments to 

‘‘Comments on Administrative 

Regulations,’’ National Indian Gaming 

Commission, 1441 L St., NW., 

Washington, DC 20005, Attn: Rebecca 

Chapman, Office of General Counsel. 

Comments may be faxed to 202–632– 

7066 (not a toll-free number). Comments 

may be sent electronically to 

adminregs@nigc.gov. Comments may 

also be submitted through the Federal 

eRulemaking portal at 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Chapman, Staff Attorney, 

Office of General Counsel, at (202) 632– 

7003; fax (202) 632–7066 (not toll-free 

numbers). 

SUPPLEMENTARY INFORMATION: Congress 

established the National Indian Gaming 

Commission under the Indian Gaming 

Regulatory Act of 1988 (25 U.S.C. 2701– 

21) (‘‘IGRA’’) to regulate gaming on 

Indian lands. The NIGC issued a 

proposed rule updating various NIGC 

regulations and streamlining 

procedures. The NIGC then published it 

in the Federal Register on December 22, 

2008 (73 FR 78242). The proposed rule 

provided for public comments to be 

submitted by February 5, 2009. The 

NIGC is extending the comment period 

to March 9, 2009. Comments should be 

submitted on or before that date. 

Dated: January 14, 2009. 

Philip N. Hogen, 

Chairman, National Indian Gaming 

Commission. 

Norman H. DesRosiers, 

Vice Chairman, National Indian Gaming 

Commission. 

[FR Doc. E9–1346 Filed 1–23–09; 8:45 am] 

BILLING CODE 7565–01–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1926 

[Docket No. OSHA–2007–0066] 

RIN 1218–AC01 

Cranes and Derricks in Construction 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Proposed rule; notice of hearing. 

SUMMARY: OSHA is convening an 

informal public hearing to receive 

4364 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 

testimony and documentary evidence 

on the proposed rule for Cranes and 

Derricks in Construction (29 CFR part 

1926, subpart CC) which published on 

October 9, 2008 (73 FR 59714). 

DATES: Informal public hearing. The 

Agency will hold the informal public 

hearing in Washington, DC, beginning 

March 17, 2009. The hearing will 

commence at 10 a.m. on the first day. 

If necessary, the hearing will continue 

for additional days. If the hearing is 

continued for additional days, it will 

begin at 9 a.m. on each of these days. 

Notice of intention to appear to 

provide testimony at the informal public 

hearing. Parties who intend to present 

testimony at the informal public hearing 

must notify OSHA in writing of their 

intention to do so no later than February 

13, 2009. 

Hearing testimony and documentary 

evidence. Parties who are requesting 

more than 10 minutes to present their 

testimony, or who will be submitting 

documentary evidence at the hearing, 

must provide the Agency with copies of 

their full testimony and all documentary 

evidence they plan to present by March 

3, 2009. 

ADDRESSES: Informal public hearing. 

The informal public hearing will be 

held in Washington, DC, in the 

auditorium on the plaza level of the 

Frances Perkins Building, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Notices of intention to appear at the 

hearing, hearing testimony, and 

documentary evidence. Submit notices 

of intention to appear at the informal 

public hearing, hearing testimony, and 

documentary evidence, identified by the 

docket number (OSHA–2007–0066) or 

the regulation identifier number (RIN 

1218–AC01), using any one of the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting the material. 

Facsimile: Send submissions 

consisting of 10 or fewer pages to the 

OSHA Docket Office at (202) 693–1648. 

Hard copies of these documents are not 

required. Instead of transmitting 

facsimile copies of attachments that 

supplement these documents (e.g., 

studies, journal articles), submit these 

attachments, in triplicate hard copy, to 

the OSHA Docket Office, Technical Data 

Center, Room N–2625, OSHA, U.S. 

Department of Labor, 200 Constitution 

Ave., NW., Washington, DC 20210. 

These attachments must clearly identify 

the sender’s name, date, subject, and 

docket number (i.e., OSHA–2007–0066) 

so that the Agency can attach them to 

the appropriate document. 

Regular mail, express delivery, hand 

delivery, and courier service: Send 

submissions in triplicate (three copies) 

to the OSHA Docket Office, Docket No. 

OSHA–2007–0066, Technical Data 

Center, Room N–2625, OSHA, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–2350 (OSHA’s TTY 

number is (877) 889–5627). Note that 

security-related problems may result in 

significant delays in receiving 

submissions by regular mail. Please 

contact the OSHA Docket Office for 

information about security procedures 

concerning delivery of materials by 

express delivery, hand delivery, or 

courier service. The OSHA Docket 

Office and Department of Labor hours of 

operation are 8:15 a.m. to 4:45 p.m., e.t. 

Instructions. All submissions must 

include the Agency name and the OSHA 

docket number (i.e., OSHA–2007–0066). 

All submissions, including any personal 

information, are placed in the public 

docket without revision, and will be 

available online at http:// 

www.regulations.gov. Therefore, OSHA 

cautions members of the public against 

submitting information and statements 

that should remain private, including 

comments that contain personal 

information (either about themselves or 

others) such as Social Security numbers, 

birth dates, and medical data. For 

additional information on submitting 

notices of intention to appear, the text 

of testimony, and documentary 

evidence, see the PUBLIC 

PARTICIPATION—COMMENTS AND 

HEARINGS section below. 

Docket: To read or download 

comments or other material in the 

docket, go to http://www.regulations.gov 

or to the OSHA Docket Office at the 

address above. Documents in the docket 

are listed in the http:// 

www.regulations.gov index. However, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Contact the OSHA Docket Office for 

assistance in locating docket 

submissions, including notices of 

intention to appear, the text of 

testimony, and documentary evidence. 

FOR FURTHER INFORMATION CONTACT: 

General information and press inquiries: 

Contact Ms. Jennifer Ashley, Office of 

Communications, Room N–3647, OSHA, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–1999. 

Technical inquiries: Contact Ms. 

Cathy Legan, Directorate of 

Construction, Room N–3468, OSHA, 

U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone (202) 693–2020 or 

fax (202) 693–1689. 

SUPPLEMENTARY INFORMATION: 

Background. OSHA published the 

proposed Cranes and Derricks in 

Construction Standard on October 9, 

2008 (73 FR 59713). The period for 

submitting written comments was to 

expire on December 8, 2008, but was 

extended to January 22, 2009. During 

this period, a number of commenters 

submitted requests for an informal 

public hearing (see, e.g., Ex. OSHA– 

2007–0066–0117.1). With this notice, 

OSHA is announcing a hearing date in 

response to these requests. 

Public participation—comments and 

hearings. OSHA encourages members of 

the public to participate in this 

rulemaking by providing oral testimony 

and documentary evidence at the 

informal public hearing. Accordingly, 

the Agency invites interested parties 

having knowledge of, or experience 

with, the issues raised in the Notice of 

Proposed Rulemaking (NPRM) to 

participate in this process, and 

welcomes any pertinent data that will 

provide the Agency with the best 

available evidence to use in developing 

the final rule. This remainder of this 

section describes the procedures the 

public must use to schedule an 

opportunity to deliver oral testimony 

and to provide documentary evidence at 

the informal public hearing. 

Hearing arrangements. Pursuant to 

section 6(b)(3) of the Occupational 

Safety and Health Act (the Act; 29 

U.S.C. 655), members of the public have 

an opportunity at the informal public 

hearing to provide oral testimony 

concerning the issues raised in the 

NPRM. An administrative law judge 

(ALJ) will preside over the hearing and 

will resolve any procedural matters 

relating to the hearing on the first day. 

Purpose of the hearing. The legislative 

history of Section 6 of the Act, as well 

as the Agency’s regulation governing 

public hearings (29 CFR 1911.15), 

establish the purpose and procedures of 

informal public hearings. Although the 

presiding officer of the hearing is an 

ALJ, and questions by interested parties 

are allowed on pertinent issues, the 

hearing is informal and legislative in 

purpose. Therefore, the hearing 

provides interested parties with an 

opportunity to make effective and 

expeditious oral presentations in the 

absence of procedural restraints that 

could impede or protract the rulemaking 

process. The hearing is not an 

adjudicative proceeding subject to the 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Proposed Rules 4365 

technical rules of evidence. Instead, it is 

an informal administrative proceeding 

convened for the purpose of gathering 

and clarifying information. The 

regulations that govern the hearing, and 

the pre-hearing guidelines issued for the 

hearing, will ensure that participants are 

treated fairly and have due process. This 

approach will facilitate the development 

of a clear, accurate, and complete 

record. Accordingly, application of 

these rules and guidelines will be such 

that questions of relevance, procedures, 

and participation will be decided in 

favor of developing a complete record. 

Conduct of the hearing. Conduct of 

the hearing will conform to the 

provisions of 29 CFR 1911.5. Although 

the ALJ presiding over the hearing 

makes no decision or recommendation 

on the merits of the NPRM or the final 

rule, the ALJ has the responsibility and 

authority to ensure that the hearing 

progresses at a reasonable pace and in 

an orderly manner. To ensure that 

interested parties receive a full and fair 

informal hearing, the ALJ has the 

authority and power to: Regulate the 

course of the proceedings; dispose of 

procedural requests, objections, and 

similar matters; confine the 

presentations to matters pertinent to the 

issues raised; use appropriate means to 

regulate the conduct of the parties who 

are present at the hearing; question 

witnesses, and permit others to question 

witnesses; and limit the time for such 

questions. At the close of the hearing, 

the ALJ will establish a post-hearing 

comment period for parties who 

participated in the hearing. During the 

first part of this period, the participants 

may submit additional data and 

information to OSHA, and during the 

second part of this period, they may 

submit briefs, arguments, and 

summations. 

Notice of intention to appear to 

provide testimony at the informal public 

hearings. Hearing participants must file 

a notice of intention to appear that 

provides the following information: The 

name, address, and telephone number of 

each individual who will provide 

testimony; the capacity in which the 

individual will testify (e.g., name of the 

establishment/organization the 

individual is representing; the 

individual’s occupational title and 

position); approximate amount of time 

requested for the individual’s testimony; 

specific issues the individual will 

address, including a brief description of 

the position that the individual will take 

with respect to each of these issues; and 

any documentary evidence the 

individual will present, including a 

brief summary of the evidence. 

OSHA emphasizes that, while the 

hearing is open to the public and 

interested parties are welcome to attend, 

only a party who files a proper notice 

of intention to appear may ask questions 

and participate fully in the hearing. A 

party who did not file a notice of 

intention to appear may be allowed to 

testify at the hearing if time permits, but 

this determination is at the discretion of 

the presiding ALJ. 

Hearing testimony and documentary 

evidence. OSHA will review each 

submission and determine if the 

information it contains warrants the 

amount of time requested. OSHA then 

will allocate an appropriate amount of 

time to each presentation, and will 

notify the participants of the time 

allotted to their presentations. Prior to 

the hearing, the Agency will notify 

participants if the allotted time is less 

than the requested time, and will 

provide the reasons for this action. 

OSHA may limit to 10 minutes the 

presentation of any participant who fails 

to comply substantially with these 

procedural requirements. The Agency 

also may request a participant to return 

for questions at a later time. 

Certification of the record and final 

determination after the informal public 

hearing. Following the close of the 

hearing and post-hearing comment 

period, the ALJ will certify the record to 

the Assistant Secretary of Labor for 

Occupational Safety and Health. This 

record will consist of all of the written 

comments, oral testimony, documentary 

evidence, and other material received 

during the hearing. Following 

certification of the record, OSHA will 

review the proposed provisions in light 

of all the evidence received as part of 

the record, and then will issue the final 

determinations based on the entire 

record. 

Authority and Signature 

This document was prepared under 

the authority of Thomas M. Stohler, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210, 

pursuant to Sections 6(b) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655), Secretary of 

Labor’s Order 5–2007 (72 FR 31160), 

and 29 CFR part 1911. 

Signed at Washington, DC, on January 14, 

2009. 

Thomas M. Stohler, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–1128 Filed 1–23–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 1355 and 1356 

Request for Public Comment 

Concerning Regulations for 

Transferring Children From the 

Placement and Care Responsibility of 

a State Title IV–E Agency to a Tribal 

Title IV–E Agency and Tribal Share of 

Title IV–E Administration and Training 

Expenditures 

AGENCY: Administration on Children, 

Youth and Families, Administration for 

Children and Families, Department of 

Health and Human Services. 

ACTION: Proposed rule; request for 

public comment and Tribal consultation 

meetings. 

SUMMARY: Effective October 1, 2009, 

Public Law 110–351 provides Indian 

Tribes with the option to operate a 

foster care, adoption assistance and, at 

tribal option, a kinship guardianship 

assistance program under title IV–E of 

the Social Security Act (the Act). The 

Federal government would share in the 

costs of Tribes operating an ACFapproved title IV–E program. Public 

Law 110–351 requires that ACF develop 

interim final rules after consulting with 

Tribes and affected States on the 

implementation of the tribal plan 

requirements in section 479B of the Act 

and other amendments made by the 

Tribal provisions in section 301 of 

Public Law 110–351. The law requires 

that such regulations include: (1) 

Procedures to ensure that a transfer of 

State or Tribal responsibility for the 

placement and care of a child under a 

State title IV–E plan to a Tribal title IV– 

E plan occurs in a manner that does not 

affect the child’s eligibility for title IV– 

E or title XIX Medicaid and such 

services or payments; and, (2) the inkind expenditures from third-party 

sources permitted for the Tribal share of 

administration and training 

expenditures under title IV–E. This 

notice is designed to provide a written 

opportunity for comment to all 

interested persons and notify Tribal 

leaders of in-person opportunities to 

consult with the Children’s Bureau on 

the development of these regulations. 

DATES: Written comments must be 

submitted to the office listed in the 

ADDRESSES section below on or before 

April 27, 2009. Please see 

SUPPLEMENTARY INFORMATION for 

additional details on the Tribal 

consultation meetings.