Wednesday, October 28, 2009

Environmental Federal Register, Vol. 74, No. 207, October 28, 2009

Federal Register
Vol. 74, No. 207
Wednesday, October 28, 2009
 
 
There are 9 announcements in this issue
 
    1. TOXICS - FRs [2 Separate Announcements]. EPA. Exemption from the Requirement of a Tolerance: Cold Pressed Neem Oil & Ulocladium oudemansii (U3 Strain)
 
    2. AIR - FR. EPA. National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries
 
    3. TOXICS - FR. EPA. Pyriproxyfen; Pesticide Tolerances
 
    4. TOXICS - PR. EPA. Lead; Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program
 
    5. AIR - PR/Partial withdrawal of final rule. EPA. National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries
 
    6. AIR - NS. EPA. Proposed Consent Decree, Clean Air Act Citizen Suit; D.C. Circuit, American Nurses Association, et al. v. Jackson Re: emissions standards for hazardous air pollutants from coal- and oil-fired electric utility steam generating units
 
    7. AIR, TOXICS - ND. EPA. EPA Science Advisory Board Staff Office; Request for Nominations of Experts for the Clean Air Scientific Advisory Committee (CASAC) Lead Review Panel
 
    8. WATER - NM. DOI/FWS. Meeting Announcement: North American Wetlands Conservation Council
 
    9. ENERGY/Grid - ND. DOC/National Institute of Standards and Technology. Smart Grid Interoperability Panel Governing Board, request for nominations; and request for comments on draft Smart Grid Interoperability Panel Charter and Bylaws
  
CODES USED:  THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.  

REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES:  AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES  - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT -  Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
 

ANNOUNCEMENT 1


Subject: TOXICS - FRs [2 Separate Announcements]. EPA. Exemption from the Requirement of a Tolerance: Cold Pressed Neem Oil & Ulocladium oudemansii (U3 Strain)
 
ACCESS THE COMPLETE PUBLISHED ANNOUNCEMENT IN HTML OR PDF FORMATS AT:
 
1. Cold Pressed Neem Oil [TEXT]  [PDF]
2. Ulocladium oudemansii (U3 Strain) [TEXT]  [PDF]
 


ANNOUNCEMENT 2


Subject: AIR - FR. EPA. National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries
 
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Rules and Regulations]              
[Page 55669-55692]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[EPA-HQ-OAR-2003-0146; FRL-8972-4]
RIN 2060-AO55

National Emission Standards for Hazardous Air Pollutants From
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action amends the national emission standards for
petroleum refineries to add maximum achievable control technology
standards for heat exchange systems. This action also amends the
general provisions cross-reference table and corrects section
references.

DATES: The final amendments are effective on October 28, 2009. The
incorporation by reference of certain publications listed in the final
rule amendments is approved by the Director of the Federal Register as
of October 28, 2009.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2003-0146. All documents in the docket are
listed in the http://www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., confidential
business information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy. Publicly available docket materials are available
either electronically in http://www.regulations.gov or in hard copy at
the EPA Docket Center, Environmental Protection Agency, EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Lucas, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Coatings and Chemicals Group (E143-01), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711, telephone number
(919) 541-0884; fax number (919) 541-0246; e-mail address:
lucas.bob@epa.gov.
 
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ANNOUNCEMENT 3


Subject: TOXICS - FR. EPA. Pyriproxyfen; Pesticide Tolerances
 
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Rules and Regulations]              
[Page 55463-55467]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0018; FRL-8795-3]

Pyriproxyfen; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY:  This regulation establishes tolerances for residues of
pyriproxyfen in or on artichoke, globe; asparagus; fruit, small, vine
climbing subgroup, except grape 13-07E; vegetable, foliage of legume,
group 7; vegetable, leafy, except brassica, group 4; vegetable, leaves
of root and tuber, group 2; and watercress. It also removes the section
18 time-limited tolerances on succulent bean, celery and strawberry
since these tolerances have expired. Interregional Research Project
Number 4 (IR-4) requested these tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective October 28, 2009. Objections and
requests for hearings must be received on or before December 28, 2009,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0018. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov
. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division,
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-6463; e-mail address: madden.barbara@epa.gov.
 
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ANNOUNCEMENT 4


Subject: TOXICS - PR. EPA. Lead; Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program
 
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Proposed Rules]              
[Page 55506-55524]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2005-0049; FRL-8795-9]
RIN 2070-AJ55

Lead; Amendment to the Opt-out and Recordkeeping Provisions in
the Renovation, Repair, and Painting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY:  EPA is proposing several revisions to the Lead Renovation,
Repair, and Painting Program (RRP) rule that published in the Federal
Register on April 22, 2008. The rule establishes accreditation,
training, certification, and recordkeeping requirements as well as work
practice standards on persons performing renovations for compensation
in most pre-1978 housing and child-occupied facilities. In this
document, EPA is proposing to eliminate the ``opt-out'' provision that
currently exempts a renovation firm from the training and work practice
requirements of the rule where the firm obtains a certification from
the owner of a residence he or she occupies that no child under age 6
or pregnant women resides in the home and the home is not a child-
occupied facility. EPA is also proposing to require renovation firms to
provide a copy of the records demonstrating compliance with the
training and work practice requirements of the RRP rule to the owner
and, if different, the occupant of the building being renovated or the
operator of the child-occupied facility.

DATES: Comments must be received on or before November 27, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2005-0049, by one of the following methods:
      Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of
Pollution Prevention and Toxics (OPPT), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2005-0049. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.  

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: TSCA-
Hotline@epa.gov
.
     For technical information contact: Marc Edmonds, National Program
Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-0758; e-mail
address: edmonds.marc@epa.gov.
     Hearing- or speech-challenged individuals may access the numbers
in this unit through TTY by calling the toll-free Federal Relay Service
at 1-800-877-8339.

 
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ANNOUNCEMENT 5


Subject: AIR - PR/Partial withdrawal of final rule. EPA. National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries
 
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Proposed Rules]              
[Page 55505-55506]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[EPA-HQ-OAR-2003-0146; FRL-8972-3]
RIN 2060-AO55

National Emission Standards for Hazardous Air Pollutants From
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed partial withdrawal of final rule.

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SUMMARY: EPA is proposing to withdraw the residual risk and technology
review portions of the final rule amending the National Emission
Standards for Hazardous Air Pollutants From Petroleum Refineries, which
was signed by then Administrator Stephen Johnson, on January 16, 2009.

DATES: Written comments must be received on or before November 27,
2009, unless a public hearing is requested by November 9, 2009. If a
hearing is requested on the proposed partial withdrawal, written
comments must be received by December 14, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0146, by one of the following methods:
    E-mail: Comments may be sent by electronic mail (e-mail)
to a-and-r-Docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2003-
0146.
    Fax: Fax your comments to: (202) 566-9744, Attention
Docket ID No. EPA-HQ-OAR-2003-0146.
    Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID
No. EPA-HQ-OAR-2003-0146. Please include a total of two copies. We
request that a separate copy also be sent to the contact person
identified below (see FOR FURTHER INFORMATION CONTACT).
    Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center, EPA West, Room 3334, 1301 Constitution Avenue,
NW., Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. Please include a total of two
copies.   
        Public Hearing: If anyone contacts EPA requesting to speak at a
public hearing by November 9, 2009, a public hearing will be held on
November 12, 2009. Persons interested in presenting oral testimony or
inquiring as to whether a public hearing is to be held should contact
Mr. Bob Lucas, listed in the FOR FURTHER INFORMATION CONTACT section,
at least 2 days in advance of the hearing. If a public hearing is held,
it will be held at 10 a.m. at the EPA's Environmental Research Center
Auditorium, Research Triangle Park, NC, or an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: Mr. Robert B. Lucas, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Coatings and Chemicals Group (E143-01), Environmental Protection
Agency, Research Triangle Park, NC 27711, telephone number: (919) 541-
0884; fax number: (919) 541-0246; e-mail address: lucas.bob@epa.gov.
 
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ANNOUNCEMENT 6


Subject: AIR - NS. EPA. Proposed Consent Decree, Clean Air Act Citizen Suit; D.C. Circuit, American Nurses Association, et al. v. Jackson Re: emissions standards for hazardous air pollutants from coal- and oil-fired electric utility steam generating units
 
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]              
[Page 55547-55548]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8974-3]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree to address a lawsuit filed by the American
Nurses Association, Chesapeake Bay Foundation, Inc., Conservation Law
Foundation, Environment America, Environmental Defense Fund, Izaak
Walton League of America, Natural Resources Council of Maine, Natural
Resources Defense Council, Physicians for Social Responsibility, Sierra
Club, The Ohio Environmental Council, and Waterkeeper Alliance, Inc.
(collectively ``Plaintiffs'') in the United States District Court for
the District of Columbia: American Nurses Association, et al. v.
Jackson, No. 1:08-cv-02198 (RMC) (D. DC). On December 18, 2008,
Plaintiffs filed a complaint alleging that EPA failed to perform a non-
discretionary duty to promulgate final maximum achievable control
technology emissions standards for hazardous air pollutants from coal-
and oil-fired electric utility steam generating units (``EGUs or power
plants''), pursuant to CAA section 112(d), by the statutorily-mandated
deadline. Under the terms of the proposed consent decree, EPA shall, no
later than March 16, 2011, sign for publication in the Federal Register
a notice of proposed rulemaking setting forth EPA's proposed emission
standards for coal- and oil-fired EGUs pursuant to CAA section 112(d).
In addition, EPA shall, no later than November 16, 2011, sign for
publication in the Federal Register a notice of final rulemaking
setting forth EPA's final emission standards for coal- and oil-fired
EGUs pursuant to CAA section 112(d).

DATES: Written comments on the proposed consent decree must be received
by November 27, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0764, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to oei.docket@epa.gov; by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Paul Versace, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (202) 564-0219; fax number (202) 564-5603; e-mail address:
versace.paul@epa.gov.

 
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ANNOUNCEMENT 7


Subject: AIR, TOXICS - ND. EPA. EPA Science Advisory Board Staff Office; Request for Nominations of Experts for the Clean Air Scientific Advisory Committee (CASAC) Lead Review Panel
 
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]              
[Page 55548-55549]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8974-7]

EPA Science Advisory Board Staff Office; Request for Nominations
of Experts for the Clean Air Scientific Advisory Committee (CASAC) Lead
Review Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency)
Science Advisory Board (SAB) Staff Office is announcing the formation
of the Clean Air Scientific Advisory Committee (CASAC) Lead Review
Panel. The SAB Staff Office is soliciting public nominations for this
Panel.

DATES: Nominations should be submitted by November 18, 2009 per
instructions below.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information regarding this Request for Nominations may contact
Mr. Aaron Yeow, Designated Federal Officer (DFO), SAB Staff Office, by
telephone/voice mail at (202) 343-9878; by fax at (202) 233-0643; or
via e-mail at yeow.aaron@epa.gov. General information concerning the
CASAC or the EPA Science Advisory Board can be found on the EPA SAB Web
site at http://www.epa.gov/sab.

 
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ANNOUNCEMENT 8


Subject: WATER - NM. DOI/FWS. Meeting Announcement: North American Wetlands Conservation Council
 
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]              
[Page 55581]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R9-MB-2009-N214]
[91100-3740-GRNT 7C]

Meeting Announcement: North American Wetlands Conservation
Council

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of meeting.

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SUMMARY: The North American Wetlands Conservation Council (Council)
will meet to select North American Wetlands Conservation Act (NAWCA)
grant proposals for recommendation to the Migratory Bird Conservation
Commission (Commission). This meeting is open to the public, and
interested persons may present oral or written statements.

DATES: Council Meeting: December 9, 2009, 8:30 a.m. to 12 p.m. (noon).
If you are interested in presenting information at the North American
Wetlands Conservation Council (Council) public meeting, contact the
Council Coordinator no later than November 24, 2009.

ADDRESSES: The meeting will be held at the Witt Stephens Jr. Central
Arkansas Nature Center, 602 President Clinton Avenue, Little Rock, AR
72201.

FOR FURTHER INFORMATION CONTACT: Mike Johnson, Council Coordinator, by
phone at (703) 358-1784; by e-mail at dbhc@fws.gov; or by U.S. mail at
U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Mail Stop MBSP
4501-4075, Arlington, VA. 22203.

 
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ANNOUNCEMENT 9


Subject: ENERGY/Grid - ND. DOC/National Institute of Standards and Technology. Smart Grid Interoperability Panel Governing Board, request for nominations; and request for comments on draft Smart Grid Interoperability Panel Charter and Bylaws
 
[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]              
[Page 55540-55541]

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

Smart Grid Interoperability Panel Governing Board, request for
nominations; and request for comments on draft Smart Grid
Interoperability Panel Charter and Bylaws

AGENCY: National Institute of Standards and Technology (NIST),
Department of Commerce.

ACTION: Notice.

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SUMMARY: The National Institute of Standards and Technology, on behalf
of its contractor, EnerNex Corp., seeks nominations for members to
serve on an initial Smart Grid Interoperability Panel Governing Board
(SGIPGB), which will consist of approximately 27 voting members.
EnerNex Corp. was competitively selected to help NIST establish and
administer the Smart Grid Interoperability Panel (SGIP) and its
Governing Board, which will identify, prioritize and address new and
emerging requirements for Smart Grid interoperability and security.
    Approximately 22 members of the SGIP Governing Board will be
elected by stakeholder categories as listed in the draft SGIP Charter
and Bylaws, which are posted on the Internet at: http://
collaborate.nist.gov/twiki-sggrid/bin/view/SmartGrid/SGIP
. Three SGIPGB
members will be at-large members, and two will be the chairs of two
SGIP Committees. The SGIPGB will also have several ex officio, non-
voting members who will not be elected. All seats are open, and
candidates are sought from each stakeholder category, as well as for
the at-large positions.
    NIST and EnerNex Corp. also request comments on the SGIP draft
Charter and Bylaws, which are posted on the Internet at the Web site
given above. Comments on this document can be made directly to the
document's online comment section.

DATES: Nominations for the SGIPGB must be received on or before
November 27, 2009. Nominations received by November 6, 2009, will be
considered to be placed on the ballot for the initial SGIP Governing
Board. Nominations received after that date will be considered for any
positions for which nominations were not received by November 6, 2009,
and for vacancies that may occur prior to the next call for candidates.
    Comments on the SGIP Charter and Bylaws received before Nov. 6,
2009 will be incorporated into the initial documents. Comments received
after that date will be considered for later amendments.

ADDRESSES: Nominations may be sent by e-mail, fax, or by mail to the
SGIP Administrator: e-mail, sgipgb.administrator@enernex.com; fax,
(865) 218-8999; mail, SGIPGB Administrator, EnerNex Corporation, 620
Mabry Hood Road, Suite 300, Knoxville, TN 37932.
    The draft SGIP Charter and Bylaws are posted on the Internet at:
http://collaborate.nist.gov/twiki-sggrid/bin/view/SmartGrid/SGIP.
Comments on these documents can be made directly to the document's
online comment section.

FOR FURTHER INFORMATION CONTACT: George Arnold, 100 Bureau Drive, Stop
8100, National Institute of Standards and Technology, Gaithersburg, MD
20899-8100, telephone (301) 975-5627.

 
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