2–26–09 Thursday Vol. 74 No. 37 Feb. 26, 2009
Pages 8703–8844
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Contents Federal Register Vol. 74, No. 37
Thursday, February 26, 2009
Agency for Healthcare Research and Quality Consumer Product Safety Commission NOTICES NOTICES Agency Information Collection Activities; Proposals, Tracking Labels for Children’s Products Under Section 103 Submissions, and Approvals, 8796–8799 of the Consumer Product Safety Improvement Act, 8781–8782 Agriculture Department See Federal Crop Insurance Corporation Defense Department See Air Force Department See Navy Department Air Force Department NOTICES Education Department Meetings: NOTICES Air University Board of Visitors, 8782–8783 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8783–8784 Antitrust Division NOTICES Energy Department National Cooperative Research and Product Act (1993): See Federal Energy Regulatory Commission Alliance for Flexible Polyurethane Foam, Inc., 8810 NOTICES National Cooperative Research and Production Act (1993): Agency Information Collection Activities; Proposals, Semiconductor Test Consortium, Inc., 8812 Submissions, and Approvals, 8784 National Cooperative Research and Production Act (1993): Meetings: Industrial Macromolecular Crystallography Association, Environmental Management Site-Specific Advisory Board 8811 Chairs, 8784–8785 National Cooperative Research and Production Act Notifications: Environmental Protection Agency American International Recruitment Council, 8811 RULES Electric Utility Industry Sustainable Supply Chain Final Authorization of State Hazardous Waste Management Alliance, Inc., 8811 Program Revision: Interchangeable Virtual Instruments Foundation, Inc., Nevada, 8757–8760 8811–8812 National Emission Standards for Hazardous Air Pollutants LiMo Foundation, 8812 for Area Sources: PXI Systems Alliance, Inc., 8812 Electric Arc Furnace Steelmaking Facilities, 8756–8757 Southwest Research Institute Cooperative Research Group Outer Continental Shelf Air Regulations Consistency on Diesel Aftertreatment Accelerated Aging Cycles – Update for Florida; Correction, 8756 Heavy-Duty, 8813 PROPOSED RULES Proposed Authorization of State Hazardous Waste Coast Guard Management Program Revision: RULES Nevada, 8771–8772 Safety Zones: NOTICES Baltimore Captain of the Port Zone, 8753–8756 Final National Pollutant Discharge Elimination System PROPOSED RULES (NPDES) General Permit for Stormwater Discharges Safety Zones: from Industrial Activities, 8789–8791 AVI May Fireworks Display; Laughlin, NV, 8766–8768 Recent Postings of Broadly Applicable Alternative Test Blue Water Resort and Casino APBA National Tour Methods, 8791–8794 Rounds 1 & 2; Colorado River, Parker, AZ, 8761– 8763 Executive Office of the President Blue Water Resort and Casino Spring Classic; Colorado See Management and Budget Office River, Parker, AZ, 8763–8766 See Trade Representative, Office of United States Dutch Shoe Regatta; San Diego Harbor, San Diego, CA, 8768–8771 Federal Aviation Administration NOTICES RULES Meetings: Airworthiness Directives MARPOL Reception Facilities, 8807–8808 Boeing Model 737–100, –200, –200C, –300, –400, and –500 Series Airplanes, 8713–8715 Commerce Department Airworthiness Directives: See International Trade Administration Airbus Model A310 Series Airplanes, 8728–8732 See National Oceanic and Atmospheric Administration BAE Systems (Operations) Limited (Jetstream) Model NOTICES 4101 Airplanes, 8732–8735 Agency Information Collection Activities; Proposals, BAE Systems (Operations) Limited Model BAe 146 and Submissions, and Approvals, 8773–8774 Avro 146 RJ Airplanes, 8724–8726
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Boeing Model 747 100, 747 100B, 747 100B SUD, 747 Federal Motor Carrier Safety Administration 200B, 747 200C, 747 200F, 747 300, 747 400, 747 NOTICES 400D, 747 400F, 747SR, and 747SP Series Airplanes, Commercial Driver’s License (CDL) Standards: 8719–8722 Granting of Exemption; Volvo Trucks North America, Boeing Model 747–100, 747–100B, 747–200B, 747–200C, 8841–8842 747–200F, 747–300, 747SR, and 747SP Series Qualification of Drivers; Exemption Applications: Airplanes, 8737–8739 Vision, 8842–8843 Boeing Model 767 200, 300, and 400ER Series Airplanes, 8717–8719 Federal Reserve System Boeing Model 777 Airplanes, 8726–8728 NOTICES Bombardier Model CL 600 2C10 (Regional Jet Series 700, Agency Information Collection Activities; Proposals, 701 & 702) Airplanes and Model CL 600 2D24 Submissions, and Approvals, 8794–8796 (Regional Jet Series 900) Airplanes, 8715–8717 Fokker F.28 Mark 0070 and 0100 Airplanes, 8722–8724 General Electric Company CF6–45 and CF6–50 Series Food and Drug Administration Turbofan Engines, 8735–8737 NOTICES Amendment of Class D Airspace: Agency Information Collection Activities; Proposals, Anderson AFB, GU; Guam International Airport, GU; and Submissions, and Approvals, 8799–8801 Saipan International Airports, CQ, 8739–8740 Amendment of Class E Airspace: Health and Human Services Department Guam Island, GU, and Saipan Island, CQ, 8741–8742 See Agency for Healthcare Research and Quality Roanoke Rapids, NC, 8740–8741 See Food and Drug Administration Standard Instrument Approach Procedures, and Takeoff See National Institutes of Health Minimums and Obstacle Departure Procedures; See Substance Abuse and Mental Health Services Miscellaneous Amendments, 8745–8747 Administration Standard Instrument Approach Procedures, Takeoff Minimums and Obstacle Departure Procedures: Homeland Security Department Miscellaneous Amendments, 8742–8745 See Coast Guard NOTICES NOTICES Meetings: Published Privacy Impact Assessments on the Web, 8804– RTCA Special Committee 216: Aeronautical System 8807 Security, 8836–8837 Passenger Facility Charge: Approvals and Disapprovals, 8837–8838 Interior Department See Land Management Bureau Federal Crop Insurance Corporation RULES International Boundary and Water Commission, United Common Crop Insurance Regulations: States and Mexico Cabbage Crop Insurance Provisions, 8705–8713 NOTICES General Administrative Regulations: Environmental Impact Statements; Availability, etc.: Appeal Procedure, 8703–8704 Increased Flood Protection and Partial Realignment of the Submissions of Policies, Provisions of Policies, Rates of Presidio Flood Control Project Along Rio Grande in Premium and Premium Reduction Plans, 8704–8705 the Texas-Mexico Border, 8810 Federal Deposit Insurance Corporation NOTICES International Trade Administration Meetings; Sunshine Act, 8794 NOTICES Antidumping: Federal Energy Regulatory Commission Fresh Garlic from the People’s Republic of China, 8774– RULES 8775 Mandatory Reliability Standard for Nuclear Plant Interface Small Diameter Graphite Electrodes from the People’s Coordination, 8747–8750 Republic of China, 8775–8776 NOTICES Wooden Bedroom Furniture from the People’s Republic Applications: of China, 8776–8780 Texas Eastern Transmission, LP, 8785 Counterveiling Duties: Tygart, LLC, 8786–8787 Lined Paper Products From India, 8780–8781 Complaint: Holly Refining and Marketing Co., 8787 Justice Department Initial Market-Based Rate Filing: See Antitrust Division Alex Energy, LLC, 8787–8788 Saracen Power LLC, 8788 Labor Department Records Governing Off-the-Record Communications, 8788– See Labor Statistics Bureau 8789
Federal Highway Administration Labor Statistics Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8838–8841 Submissions, and Approvals, 8813–8814
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Land Management Bureau Self-Regulatory Organizations; Proposed Rule Changes: NOTICES Chicago Board Options Exchange, Inc., 8829–8831 Second Call for Nominations: NASDAQ Stock Market LLC, 8831–8833 North Slope Science Initiative, Science Technical Advisory Panel, Alaska, 8809 Small Business Administration NOTICES Management and Budget Office Meetings: NOTICES National Small Business Development Center Advisory Federal Regulatory Review, 8819 Board, 8833
Mexico and United States, International Boundary and Social Security Administration Water Commission NOTICES See International Boundary and Water Commission, United Agreement on Social Security Between the United States States and Mexico and the Republic of Poland; Entry Into Force, 8833
Millennium Challenge Corporation State Department NOTICES NOTICES Meetings; Sunshine Act, 8814–8815 Agency Information Collection Activities; Proposals, National Aeronautics and Space Administration Submissions, and Approvals, 8834–8835 Delegation of Authority by the Secretary of State to the NOTICES Under Secretary of State for Political Affairs, etc., 8836 Intent to Grant Partially Exclusive License, 8815 Delegation of Authority from the Secretary of State to the Privacy Act; Systems of Records, 8815–8817 Deputy Secretary, etc., 8835–8836 National Institutes of Health Delegation of Authority to the Under Secretary for Political NOTICES Affairs, 8836 Meetings: Center for Scientific Review, 8801–8802 Substance Abuse and Mental Health Services Administration National Oceanic and Atmospheric Administration NOTICES NOTICES Availability of Seats for the Florida Keys National Marine Agency Information Collection Activities; Proposals, Sanctuary Advisory Council, 8781 Submissions, and Approvals, 8802–8804 Meetings: Gulf of Mexico Fishery Management Council, 8781 Trade Representative, Office of United States NOTICES National Science Foundation Meetings: NOTICES Industry Trade Advisory Committee on Small and Agency Information Collection Activities; Proposals, Minority Business, 8819–8820 Submissions, and Approvals, 8817–8818 Responsible Conduct of Research, 8818–8819 Transportation Department See Federal Aviation Administration Navy Department See Federal Highway Administration RULES See Federal Motor Carrier Safety Administration Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea (1972), Treasury Department 8750–8753 NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 8843 Board of Visitors of Marine Corps University, 8783
Office of Management and Budget Reader Aids See Management and Budget Office Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, Office of United States Trade Representative and notice of recently enacted public laws. See Trade Representative, Office of United States To subscribe to the Federal Register Table of Contents Securities and Exchange Commission LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Applications: archives, FEDREGTOC-L, Join or leave the list (or change Mainstay VP Series Fund, Inc., 8820–8829 settings); then follow the instructions.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 400 (2 documents) ...... 8703, 8704 457...... 8705 14 CFR 39 (11 documents) ...... 8713, 8715, 8717, 8719, 8722, 8724, 8726, 8728, 8732, 8735, 8737 71 (3 documents) ...8739, 8740, 8741 97 (2 documents) ....8742, 8745 18 CFR 40...... 8747 32 CFR 706 (2 documents) ...... 8750, 8751 33 CFR 165...... 8753 Proposed Rules: 165 (4 documents) ...... 8761, 8763, 8766, 8768 40 CFR 55...... 8756 63...... 8756 271...... 8757 Proposed Rules: 271...... 8771
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Rules and Regulations Federal Register Vol. 74, No. 37
Thursday, February 26, 2009
This section of the FEDERAL REGISTER E-Government Act Compliance which require intergovernmental contains regulatory documents having general FCIC is committed to complying with consultation with State and local applicability and legal effect, most of which officials. See the Notice related to 7 CFR are keyed to and codified in the Code of the E-Government Act of 2002, to promote the use of the Internet and part 3015, subpart V, published at 48 FR Federal Regulations, which is published under 29115, June 24, 1983. 50 titles pursuant to 44 U.S.C. 1510. other information technologies to provide increased opportunities for Executive Order 12988 The Code of Federal Regulations is sold by citizen access to Government This provision has been reviewed in the Superintendent of Documents. Prices of information and services, and for other accordance with Executive Order 12988 new books are listed in the first FEDERAL purposes. REGISTER issue of each week. on civil justice reform. The provisions Unfunded Mandates Reform Act of of this rule will not have a retroactive 1995 effect. The provisions of this rule will DEPARTMENT OF AGRICULTURE Title II of the Unfunded Mandates preempt State and local to the extent Reform Act of 1995 (UMRA) establishes such State and local laws are Federal Crop Insurance Corporation requirements for Federal agencies to inconsistent herewith. With respect to assess the effects of their regulatory any direct action taken by FCIC or to 7 CFR Part 400 actions on State, local, and tribal require the insurance provider to take governments and the private sector. specific action under the terms of the RIN 0563–AC18 This rule contains no Federal mandates crop insurance policy, the (under the regulatory provisions of title administrative appeal provisions General Administrative Regulations; II of the UMRA) for State, local, and published at 7 CFR part 11 must be Appeal Procedure tribal governments or the private sector. exhausted before any action against FCIC for judicial review may be brought. AGENCY: Federal Crop Insurance Therefore, this rule is not subject to the Corporation, USDA. requirements of section 202 and 205 of Environmental Evaluation the UMRA. ACTION: Final rule. This action is not expected to have a Executive Order 13132 significant economic impact on the SUMMARY: The Federal Crop Insurance It has been determined under section quality of the human environment, Corporation (FCIC) is amending the 1(a) of Executive Order 13132, health, and safety. Therefore, neither an General Administrative Regulation, Federalism, that this rule does not have Environmental Assessment nor an Appeal Procedure. This final rule sufficient implications to warrant Environmental Impact Statement is incorporates a requirement mandated by consultation with the States. The needed. the Food, Conservation, and Energy Act provisions contained in this rule will Background of 2008 (2008 Farm Bill) that allows not have substantial direct effect on Pursuant to 7 CFR part 400, subpart producers to use both mediation and the States, on the relationship between the J, any producer (individual or entity) informal administrative appeal process national government and the States, or who has applied for, or whose rights to in their appeals of decisions by FCIC on the distribution of power and participate in or receive a payment or and making minor non-substantive responsibilities among the various benefit under the Federal crop changes for clarity. levels of government. insurance program, may contest an DATES: Effective Date: This rule is Regulatory Flexibility Act adverse decision rendered by the Risk effective February 26, 2009. FCIC certifies that this regulation will Management Agency on behalf of FCIC. FOR FURTHER INFORMATION CONTACT: not have a significant economic impact Prior to the enactment of the 2008 Farm Cynthia Simpson, Director, Risk on a substantial number of small Bill, a producer who disagreed with an Management Agency Appeals, entities. All producers will have access adverse decision by RMA had three Litigation, and Legal Liaison Staff, 1400 to the same appeals process regardless avenues in which to contest RMA’s Independence Avenue, SW., Stop 0806, of the size of their farming operation. A adverse decision—administrative Washington, DC 20250, telephone (202) Regulatory Flexibility Analysis has not review, mediation or appeal directly to 720–0642. been prepared since this regulation does the National Appeals Division (NAD). SUPPLEMENTARY INFORMATION: not have a significant impact on a The participant could seek an administrative review or mediation, but Executive Order 12866 substantial number of small entities, and, therefore, this regulation is exempt not both. If the participant disagreed The Office of Management and Budget from the provisions of the Regulatory with an administrative review or (OMB) has determined that this rule is Flexibility Act (5 U.S.C. 605). mediation determination, the non-significant for the purpose of participant could appeal that Executive Order 12866 and, therefore, it Federal Assistance Program determination to NAD. has not been reviewed by OMB. This program is listed in the Catalog Section 12032 of the 2008 Farm Bill allows a participant to choose both Paperwork Reduction Act of 1995 of Federal Domestic Assistance under No. 10.450. administrative review and mediation. This rule does not constitute a However, a participant is not required to collection of information under the Executive Order 12372 use both administrative review and Paperwork Reduction Act of 1995 (44 This program is not subject to the mediation. Section 12032 merely U.S.C. chapter 35). provisions of Executive Order 12372, provides the participant with an
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additional opportunity at the § 400.90 Definitions. DEPARTMENT OF AGRICULTURE administrative level to resolve adverse * * * * * decisions. If the participant disagrees Federal Crop Insurance Corporation Appellant. Any participant who with an administrative review and/or requests an administrative review or mediation determination, the 7 CFR Part 400 mediation, or both, of an adverse participant can appeal that decision of the Agency in accordance determination to NAD. The provisions with this subpart. * * * RIN 0563–AC20 have been modified to allow these changes to the appeal procedure. * * * * * General Administrative Regulations; The rule is also being revised to add FAOB. Financial and Accounting Submissions of Policies, Provisions of the provisions regarding matters of Operations Branch. Policies, Rates of Premium and general applicability and their * * * * * Premium Reduction Plans appealability to NAD that were erroneously removed from this subpart RO. The Regional Office established AGENCY: Federal Crop Insurance when it was last revised. Congress, in 7 by the agency for the purpose of Corporation, USDA. U.S.C. 6992(d) expressly states that providing program and underwriting ACTION: Final rule. decisions must be adverse to the services for private insurance individual to be appealable to NAD and companies reinsured by FCIC under the SUMMARY: The Federal Crop Insurance that matters of general applicability are Act and for FCIC insurance contracts Corporation (FCIC) amends General not subject to appeal. delivered through FSA offices. Administrative Regulations, Subpart Good cause is shown to make this rule * * * * * V—Submission of Policies, Provisions effective upon publication at the Office of Policies, Rates of Premium and ■ 3. Amend § 400.91 as follows: of the Federal Register. Good cause Premium Reduction Plans to remove exists when notice and comment and 30 ■ A. Amend paragraph (c) introductory provisions that allow approved day delay in the effective date is text by adding the phrase ‘‘or both,’’ insurance providers (AIP) to offer impracticable, unnecessary, or contrary after ‘‘mediation,’’; premium reduction plans. The authority to the public interest. ■ B. Amend paragraph (d) by removing for such premium reductions has been FCIC is merely making ministerial the word ‘‘or’’ and adding in its place eliminated in the Food, Conservation, changes to the policy that are mandated the word ‘‘and’’; and and Energy Act of 2008 (2008 Farm Bill). by the 2008 Farm Bill. There is no ■ C. Add new paragraph (e) to read as discretion given to FCIC in the terms follows: DATES: Effective Date: This rule is contained in this rule or their effective February 25, 2009. implementation. § 400.91 Applicability. FOR FURTHER INFORMATION CONTACT: For the reasons stated above, good * * * * * cause exists to make these policy Leiann Nelson, Economist, Product changes effective upon publication at (e) Notwithstanding any other Management, Product Administration the Office of the Federal Register. provision, this subpart does not apply to and Standards Division, Risk any decision made by the Agency that Management Agency, United States List of Subject in 7 CFR Part 400 is generally applicable to all similarly Department of Agriculture, Beacon General Administrative Regulations. situated program participants. Such Facility—Mail Stop 0812, P.O. Box decisions are also not appealable to 419205, Kansas City, MO 64141–6205, Final Rule NAD. If the Agency determines that a telephone (816) 926–7730. decision is not appealable because it is ■ Accordingly, as set forth in the SUPPLEMENTARY INFORMATION: preamble, the Federal Crop Insurance a matter of general applicability, the Corporation amends 7 CFR part 400 participant must obtain a review by the Executive Order 12866 Director of NAD in accordance with 7 subpart J as follows: This rule has been determined to be CFR 11.6(a) of the Agency’s non-significant for the purposes of determination that the decision is not PART 400—GENERAL Executive Order 12866 and, therefore, it appealable before the participant may ADMINISTRATIVE REGULATIONS has not been reviewed by the Office of file suit against the Agency. ■ 1. The authority citation for 7 CFR Management and Budget (OMB). part 400 is revised to read as follows: § 400.93 [Amended] Paperwork Reduction Act of 1995 Authority: 7 U.S.C. 1506(l), 1506(o). ■ 4. Amend paragraph (a) in § 400.93 by Pursuant to the provisions of the ■ 2. Amend § 400.90 as follows: removing the phrase ‘‘, but not both’’. Paperwork Reduction Act of 1995 (44 ■ A. Amend the definition of ‘‘Agency’’ U.S.C. chapter 35), the collections of § 400.94 [Amended] by removing ‘‘RSO’’ and adding in its information in this rule have been place ‘‘RO’’ and by removing ‘‘FOSD’’ ■ 5. Amend paragraph (a) of § 400.94 by approved by OMB under control and adding in its place ‘‘FAOB’’; removing the phrase ‘‘instead of’’ and number 0563–0064. ■ B. In the definition of ‘‘Appellant’’ adding in its place the phrase ‘‘in E-Government Act Compliance revise the first sentence; addition to’’. ■ C. Remove the definition of ‘‘FOSD’’; FCIC is committed to complying with ■ D. Add a definition of the term Signed in Washington, DC on February 19, the E-Government Act of 2002, to 2009. ‘‘FAOB’’; promote the use of the Internet and ■ E. Remove the definition of ‘‘RSO’’; William J. Murphy, other information technologies to and Acting Manager, Federal Crop Insurance provide increased opportunities for ■ F. Add a definition of ‘‘RO’’. Corporation. citizen access to Government The additions and revisions read as [FR Doc. E9–4114 Filed 2–25–09; 8:45 am] information and services, and for other follows: BILLING CODE 3410–08–P purposes.
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Unfunded Mandates Reform Act of exhausted before any action against Authority: 7 U.S.C. 1506(l), 1506(o). 1995 FCIC for judicial review may be brought. Subpart V—Submission of Policies, Title II of the Unfunded Mandates Environmental Evaluation Provisions of Policies and Rates of Reform Act of 1995 (UMRA) establishes This action is not expected to have a Premium requirements for Federal agencies to significant economic impact on the ■ assess the effects of their regulatory quality of the human environment, 2. Revise the heading for subpart V to actions on State, local, and tribal health, or safety. Therefore, neither an read as set forth above. governments and the private sector. Environmental Assessment nor an ■ 3. Revise section § 400.700 to read as This rule contains no Federal mandates Environmental Impact Statement is follows: (under the regulatory provisions of title needed. II of the UMRA) for State, local, and § 400.700 Basis, purpose, and tribal governments or the private sector. Background applicability. This subpart establishes guidelines for Therefore, this rule is not subject to the On May 22, 2008, the 2008 Farm Bill the submission of policies, plans of requirements of sections 202 and 205 of was enacted. Section 12010 of the 2008 insurance, and rates of premium to the UMRA. Farm Bill amended section 508(e) of the Board as authorized under section Federal Crop Insurance Act (Act) by Executive Order 13132 508(h) of the Act and for nonreinsured removing paragraph (3), which has supplemental policies in accordance It has been determined under section authorized AIPs to provide a premium with the SRA, and the roles and 1(a) of Executive Order 13132, discount to their insureds if they were responsibilities of FCIC and the Federalism, that this rule does not have able to deliver the crop insurance applicant. It also specifies the sufficient implications to warrant program for less money than they were procedures for requesting consultation with the States. The paid in an administrative and operating reimbursement for research and provisions contained in this rule will expense reimbursement under section development costs, and maintenance not have a substantial direct effect on 508(k) of the (Act) and the Standard costs for products and the approval States, or on the relationship between Reinsurance Agreement. The provisions process. the national government and the States, of the 2008 Farm Bill are very specific or on the distribution of power and and do not allow FCIC any discretion § 400.701 [Amended] responsibilities among the various regarding interpretation of the ■ 4. Revise section § 400.701 by levels of government. provisions or their implementation. removing the definitions for Therefore, elimination of the provisions Regulatory Flexibility Act ‘‘Administrative and operating (A&O) authorizing the payment of the premium costs,’’ ‘‘Agent,’’ ‘‘Approved A Regulatory Flexibility Analysis has discount necessitates the removal of the procedures,’’ ‘‘Compensation,’’ not been prepared since this regulation relevant provisions in 7 CFR part 400, ‘‘Efficiency,’’ ‘‘Eligible crop insurance does not have an impact on small subpart V related to the premium contract,’’ ‘‘Eligible producer,’’ entities and, therefore, this regulation is reduction plan. ‘‘Managing General Agent (MGA),’’ exempt from the provisions of the Good cause is shown to make this rule ‘‘Plan of Operations,’’ ‘‘Premium Regulatory Flexibility Act (5 U.S.C. effective upon filing for public discount,’’ ‘‘Profit sharing 605). inspection at the Office of the Federal arrangement,’’ ‘‘Reduction in service,’’ Register. Good cause exists when notice Federal Assistance Program ‘‘Standard Reinsurance Agreement and comment and the 30-day delay in This program is listed in the Catalog (SRA),’’ ‘‘Third Party Administrator the effective date is impracticable, of Federal Domestic Assistance under (TPA),’’ ‘‘Underwriting gain,’’ and unnecessary, or contrary to the public No. 10.450. ‘‘Unfair discrimination’’. interest. FCIC is merely making Executive Order 12372 ministerial changes to the regulation §§ 400.714–400.722 [Removed] that are mandated by the 2008 Farm This program is not subject to the ■ 5. Remove sections §§ 400.714 Bill. There is no discretion given to provisions of Executive Order 12372, through 400.722. FCIC in the terms contained in this rule which require intergovernmental or their implementation. Therefore, Signed in Washington, DC, on February 19, consultation with State and local good cause exists to make this change 2009. officials. See the Notice related to 7 CFR effective upon filing for public William J. Murphy, part 3015, subpart V, published at 48 FR inspection at the Office of the Federal Acting Manager, Federal Crop Insurance 29115, June 24, 1983. Register. Corporation. Executive Order 12988 [FR Doc. E9–4116 Filed 2–25–09; 8:45 am] List of Subjects in 7 CFR Part 400 This rule has been reviewed in BILLING CODE 3410–08–P Administrative practice and accordance with Executive Order 12988 procedure, Crop insurance. on civil justice reform. The provisions DEPARTMENT OF AGRICULTURE of this rule will not have a retroactive Final Rule effect. The provisions of this rule will ■ Federal Crop Insurance Corporation preempt State and local laws to the Accordingly, as set forth in the preamble, the Federal Crop Insurance extent such State and local laws are 7 CFR Part 457 inconsistent herewith. With respect to Corporation amends 7 CFR Part 400 as any direct action taken by FCIC or to follows: RIN 0563–AB99 require the insurance provider to take PART 400—GENERAL Common Crop Insurance Regulations; specific action under the terms of the ADMINISTRATIVE REGULATIONS Cabbage Crop Insurance Provisions crop insurance policy, the administrative appeal provisions ■ 1. The authority citation for 7 CFR AGENCY: Federal Crop Insurance published at 7 CFR part 11 must be part 400 continues to read as follows: Corporation, USDA.
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ACTION: Final rule. provisions contained in this rule will specific action under the terms of the not have a substantial direct effect on crop insurance policy, the SUMMARY: The Federal Crop Insurance States, or on the relationship between administrative appeal provisions Corporation (FCIC) finalizes the the national government and the States, published at 7 CFR part 11 must be Common Crop Insurance Regulations; or on the distribution of power and exhausted before any action against Cabbage Crop Insurance Provisions to responsibilities among the various FCIC for judicial review may be brought. convert the cabbage pilot crop insurance levels of government. program to a permanent insurance Environmental Evaluation program for the 2010 and succeeding Regulatory Flexibility Act This action is not expected to have a crop years. FCIC certifies that this regulation will significant economic impact on the DATES: Effective Date: March 30, 2009. not have a significant economic impact quality of the human environment, FOR FURTHER INFORMATION CONTACT: Erin on a substantial number of small health, or safety. Therefore, neither an Albright, Risk Management Specialist, entities. Program requirements for the Environmental Assessment nor an Product Management, Product Federal crop insurance program are the Environmental Impact Statement is Administration and Standards Division, same for all producers regardless of the needed. size of their farming operation. For Risk Management Agency, United States Background Department of Agriculture, Beacon instance, all producers are required to Facility—Mail Stop 0812, PO Box submit an application and acreage On Thursday, November 16, 2006, 419205, Kansas City, MO 64141–6205, report to establish their insurance FCIC published a notice of proposed telephone (816) 926–7730. guarantees and compute premium rulemaking in the Federal Register at 71 SUPPLEMENTARY INFORMATION: amounts, and all producers are required FR 66694–66698 to add 7 CFR 457.171 to submit a notice of loss and Cabbage crop insurance provisions, Executive Order 12866 production information to determine the effective for the 2009 and succeeding The Office of Management and Budget amount of an indemnity payment in the crop years. As a result of delays in the (OMB) has determined that this rule is event of an insured cause of crop loss. rulemaking process, the 2009 effective non-significant for the purposes of Whether a producer has 10 acres or date became impossible and FCIC will Executive Order 12866 and, therefore, it 1000 acres, there is no difference in the have this rule effective for the 2010 crop has not been reviewed by OMB. kind of information collected. To ensure year. crop insurance is available to small The public was afforded 60 days to Paperwork Reduction Act of 1995 entities, the Federal Crop Insurance Act submit written comments and opinions. Pursuant to the provisions of the authorizes FCIC to waive collection of A total of 30 comments were received Paperwork Reduction Act of 1995 (44 administrative fees from limited from 3 commenters. The commenters U.S.C. chapter 35), the collections of resource farmers. FCIC believes this were an insurance services organization, information in this rule have been waiver helps to ensure that small an insurance provider, and a grower approved by OMB under control entities are given the same opportunities association. The comments received and number 0563–0053. as large entities to manage their risks FCIC’s responses are as follows: Comment: One commenter suggested E-Government Act Compliance through the use of crop insurance. A Regulatory Flexibility Analysis has not in the definition of ‘‘damaged cabbage FCIC is committed to complying with been prepared since this regulation does production’’ to delete the word ‘‘For’’ at the E-Government Act of 2002, to not have an impact on small entities, the beginning of the two phrases so it promote the use of the Internet and and, therefore, this regulation is exempt reads ‘‘Fresh market cabbage that fails to other information technologies to from the provisions of the Regulatory grade U.S. Commercial or better,’’ and provide increased opportunities for Flexibility Act (5 U.S.C. 605). ‘‘or processing cabbage that fails to citizen access to Government grade U.S. No. 2 or better.’’ information and services, and for other Federal Assistance Program Response: FCIC has revised the purposes. This program is listed in the Catalog definition accordingly. Comment: One commenter Unfunded Mandates Reform Act of of Federal Domestic Assistance under No. 10.450. recommended rearranging the definition 1995 of ‘‘marketable cabbage’’ to avoid Title II of the Unfunded Mandates Executive Order 12372 duplication of the phrase ‘‘Grades at Reform Act of 1995 (UMRA) establishes This program is not subject to the least’’ at the beginning of subsections (a) requirements for Federal agencies to provisions of Executive Order 12372, and (b). The commenter recommended assess the effects of their regulatory which require intergovernmental the definition read as, ‘‘Cabbage that is actions on State, local, and tribal consultation with State and local sold or grades at least: (a) U.S. governments and the private sector. officials. See the Notice related to 7 CFR Commercial for fresh market cabbage; or This rule contains no Federal mandates part 3015, subpart V, published at 48 FR (b) U.S. No. 2 for processing cabbage.’’ (under the regulatory provisions of title 29115, June 24, 1983. Response: FCIC has revised the II of the UMRA) for State, local, and definition accordingly. Executive Order 12988 tribal governments or the private sector. Comment: One commenter Therefore, this rule is not subject to the This final rule has been reviewed in recommended adding the missing requirements of sections 202 and 205 of accordance with Executive Order 12988 period at the end of the sentence in the UMRA. on civil justice reform. The provisions definition of ‘‘planted acreage.’’ of this rule will not have a retroactive Response: FCIC has revised the Executive Order 13132 effect. The provisions of this rule will definition accordingly. It has been determined under section preempt State and local laws to the Comment: One commenter 1(a) of Executive Order 13132, extent such State and local laws are recommended the definition of ‘‘price Federalism, that this rule does not have inconsistent herewith. With respect to election’’ be moved to follow the sufficient implications to warrant any direct action taken by FCIC or to definition of ‘‘planted acreage’’ to be in consultation with the States. The require the insurance provider to take alphabetical order.
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Response: FCIC has removed the address that possibility. The procedure phrase is not revised based on other definition of ‘‘price election’’ in for determining the price, acres, comments, the first word should not be response to other comments. Therefore, premium, liability, and indemnity for capitalized (or else, it needs to be the requested change is no longer cabbage could be extremely complicated treated as a separate sentence from the applicable. with the potential for multiple price sentence that precedes it and each Comment: One commenter questioned elections for fresh and processing in the sentence needs its own period). that if a processor contract specifies the same unit. Response: As stated above, FCIC has number of acres rather than the amount Response: Under the proposed rule it removed section 3(c) in response to of production contracted, how that was possible to have processing cabbage other comments. contract would be affected by the under different processor contracts Comment: One commenter stated the requirement in the definition of containing different prices in the same two different types of contracts (based ‘‘processor contract’’ that the processor unit. Calculating the price, premium, on specific acreage or based on must agree to ‘‘* * * purchase all the liability and indemnity for the unit production to be delivered) in section production stated in the contract * * *’’ could be very complicated if there are 3(c) should be separated. The The commenter also questioned what multiple price elections for fresh and commenter recommended section 3(c) the ‘‘specified conditions’’ under which processing in the same unit. Therefore, be revised and a new subsection (d) be delivery must be accepted. the provisions in sections 3(c), 6 and added to read: ‘‘For processing cabbage: Response: If the processor contract 13(c)(1) regarding insuring processing ‘‘(1) If there are multiple contracts specifies the number of acres rather than cabbage under the price per stipulating specific acreage within the the amount of production and the hundredweight contained in a processor same unit with different price per processor agrees to purchase all the contract have not been retained in the hundredweights, each contract price production from the acreage stated in final rule. FCIC will issue the price will be considered a separate price the contract, all such production would election for fresh and processing election which will be multiplied by the be considered to be under contract. cabbage. As a result, the definition of number of acres specified under Therefore, there is no difference if the ‘‘price election’’ has been removed applicable processor contract. ‘‘(2) If processor contract refers to acreage or because it is no longer needed because there are multiple contracts stipulating production. Both contracts are insurable the definition in the Common Crop production within the same unit with under the terms of the policy as long as Insurance Policy Basic Provisions will different price per hundredweights, the processor agrees to accept all be applicable. each contract price will be considered a production from the acreage. The term Comment: Two commenters stated the separate price election. ‘‘(3) Acres for ‘‘specified conditions’’ is vague so FCIC proposed addition of section 3(c), contracts stipulating production will be has removed the phrase ‘‘and to accept addressing the possibility of different determined by dividing the amount of delivery subject only to specified price elections for multiple processor production to the delivered by the conditions’’ from the definition of contracts for processing cabbage, raises approved yield. ‘‘(d) These price ‘‘processor contract.’’ questions as to whether (a) and (b) apply amounts will be totaled to determine the Comment: One commenter stated the only to fresh cabbage. The commenters premium, liability and indemnity for definition of ‘‘type’’ has changed from recommended section 3(a) should be the unit.’’ specifying ‘‘Green or red cabbage’’ to a identified as ‘‘For fresh cabbage, * * *’’ Response: As stated above, FCIC has more generic definition. The commenter and section 3(c) be identified as ‘‘For removed the proposed provisions that questioned if there are other categories processing cabbage, * * *’’. would insure processing cabbage using being considered, or is this just leaving Clarification is also needed as to the contracted prices. the option of other categories available. whether section 3(b), requiring the same Comment: Two commenters stated Response: A more generic definition price percentage relationship when there are some concerns with the new will allow for changes or additional there are separate price elections by language in section 3(c) with regard to types in the future. For this reason, the type, applies only to fresh cabbage or determining the number of acres used definition refers to the categories of also applies to the contract price when a production contract is in effect. cabbage designated as a type in the elections for processing cabbage grown The calculation may result in an Special Provisions. under contract. artificial number of acres that do not Comment: One commenter supported Response: As stated above, FCIC has match what can or will be planted to basic units by planting period as removed section 3(c), which would have cabbage (and should not exceed the proposed in section 2. In the past, insured processing cabbage using the number of acres actually planted to growers in areas where the pilot has contracted price in the processing cabbage). One commenter recommended been operating have primarily bought contract. FCIC issues price elections for adding a definition of insured acres CAT coverage because unit division has both fresh and processing cabbage. A since insured acres may not be planted not been available. The commenter cabbage producer must have a processor acres and instead of determining the stated that without unit division the contract to obtain insurance on acres (when a contract stipulates the policy is of limited value, particularly processing cabbage and must select one amount of production) by dividing, because of the staggered planting dates price election for each cabbage type using a cup and cap on the result would for cabbage over a long period of time. designated in the Special Provisions. be more accurate. Response: FCIC has retained the Therefore, sections 3(a) and (b) apply to Response: FCIC has removed section proposed provisions in the final rule both fresh and processing cabbage. 3(c), which would have insured allowing basic units by planting period, Comment: One commenter processing cabbage using the contracted if applicable, and optional units by type, recommended changing the phrase price. However, the commenter is if applicable. ‘‘different price per hundredweights’’ in correct that there must be a means to Comment: One commenter stated section 3(c) to the phrase ‘‘different calculate insurable acreage. FCIC has since it might be possible to have both prices per hundredweight.’’ The revised section 8(c) to clarify how to fresh and processing cabbage in the commenter also recommended changing determine insurable acreage. As revised same unit, section 3 might need to be the word ‘‘stipulates’’ to ‘‘stipulate’’ in in section 8(c), insurable acreage for reviewed and possibly rearranged to the parenthetical. If the parenthetical acreage and production based processor
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contracts is based on the lesser of the section 6 following the phrase ‘‘in your Comment: One commenter planted acres or the maximum acres processor contract’’ for clarity. recommended section 10(a)(2) be stated in the processor contact. Response: FCIC has removed the clarified to read ‘‘Fire, due to natural Insurable acreage for production based phrase ‘‘under the price per causes’’ or ‘‘Fire, if caused by lightning’’ processor contracts will be based on the hundredweight contained in your as is in the proposed revision to the lesser of the planted acres or the number processor contract’’ in section 6 in Tobacco Crop Provisions. of acres determined by dividing the response to other comments. FCIC has Response: Section 12 of the Basic production stated in the processor added a comma following the word Provisions states all specified causes of contract by the approved yield. In ‘‘cabbage.’’ loss must be due to a naturally addition, FCIC has changed the Comment: One commenter stated in occurring event. Further, if the reference to ‘‘insurable acreage’’ in section 7(a)(1) through (6) the change of requirement for natural causes was only section 13(c)(1) to be consistent with ‘‘and’’ to ‘‘or’’ following section 7(a)(5) included with regard to fire, it may section 8(c). These revisions will seems to indicate that not all six of these create the mistaken impression that fire prevent over-insurance. provisions will apply in all cases. is the only cause of action that must be Comment: One commenter stated the However, the ‘‘or’’ could be understood from natural causes. Therefore, no price used to determine liability is the to mean that as long as one of the other change has been made. only aspect of determining liability provisions applies, it is not necessary Comment: One commenter stated the covered in section 3 of the proposed for the cabbage to be planted within the word ‘‘a’’ needs to be added before the rule. Additional information must be applicable plating periods. Therefore, phrase ‘‘cause of loss’’ in section added in order for insurance providers the commenter recommended 10(a)(7). Response: FCIC has revised the to understand the necessary combining subsections (4) and (5) into calculations. For example, the provision accordingly. one subsection for cabbage that is either Comment: One commenter stated in commenter asked how liability is fresh or processing cabbage, then the determined for processing cabbage sections 11(c)(1) and (2) that, without word ‘‘or’’ at the end of subsection (5) some indication in the proposed rule as when the insured has one basic unit, can be changed to the word ‘‘and’’. two separate basic units or two optional to what range of hundredweight might Response: FCIC has revised the be given in the Special Provisions to units and: (1) A single contract provision accordingly. stipulating total production to be replace the previous policy language or Comment: Two commenters stated the why the specified figures are being delivered; (2) a single contract reference to ‘‘mustard’’ in section 7(b) stipulating different prices for removed, it is difficult to comment since needs to be corrected to ‘‘cabbage’’. production to be delivered; or (3) there is no way of knowing the Response: FCIC has revised the multiple contracts stipulating total significance of the proposed policy provision accordingly. production to be delivered. The change. The commenter also Comment: One commenter stated commenter stated the last sentence of recommended changing the semicolon since the proposed provisions in section 3(c) in the proposed rule states to a comma preceding the phrase ‘‘These amounts will be totaled to sections 7(b) and (c) address the insured ‘‘multiplied by your insured share’’ at determine the premium, liability and share rather than the insured crop, the the end of the first sentence in section indemnity for the unit.’’ The use of the commenter recommended putting them 11(c). ‘‘These amounts’’ is vague. The under a separate ‘‘Share Insured’’ Response: FCIC revised sections placement of this sentence within section corresponding to section 10 of 11(c)(1) and (2) to specify that the section 3(c) is also questionable. The the Basic Provisions. amount of replanting payment per acre commenter questioned whether the Response: The provisions of sections will be contained in the Special intent of this sentence is to convey that 7(b) and (c) are consistent with other Provisions because the replant costs though different prices may apply to Crop Provisions. Therefore, no change vary considerably by region. The different acres (based on different has been made. amount in hundredweight will be the contract prices and/or prices from the Comment: One commenter stated in amount to cover the cost of replanting actuarial documents), the liability for section 9(b) it states, ‘‘In accordance the crop in that region. The semicolon the unit is the total of the liabilities with the provisions of section 11 of the in the first sentence of section 11(c) determined in accordance with section Basic Provisions, the end of the should be changed to a comma and the 3. insurance period will be the earlier of: provision has been revised accordingly. Response: As stated above, FCIC has ‘‘(1) The date the crop should have been Comment: One commenter questioned removed section 3(c) in response to harvested; ‘‘(2) For processing cabbage, if the phrase ‘‘In addition to section 14 other comments. the date you harvested sufficient of the Basic Provisions,’’ in section Comment: One commenter questioned production to fulfill your processor 12(b)(1) means the allowance for notice if the deletion of the July 31 date for contract * * *; or ‘‘(3) The following of damage not later than 15 days after California in section 5 means that applicable calendar date after the end of the insurance period from the California will have whatever date is planting:* * *’’ This seems to exclude Basic Provisions is still afforded. ‘‘designated in the Special Provisions,’’ any consideration of the other Response: FCIC did not intend for the or will cabbage no longer be insurable conditions of the Basic Provisions (i.e., 15 days after the end of insurance in this state. abandonment, harvest, final adjustment period notice of damage from section Response: California is not of the loss, etc.). The commenter stated 14(a)(2)(Your Duties) of the Basic participating in the cabbage program at if section 9(b) were to be revised to read Provisions to be applicable to cabbage. this time; if they do participate at a later ‘‘In addition to the provisions of section FCIC has revised section 12(b) to clarify date they will be eligible under the 11(b) of the Basic Provisions * * *’’ it proposed section 12(b)(1) was in lieu of category ‘‘All other states and counties’’ would be clear that these other section 14(a)(2)(Your Duties) of the and the date will be designated in the conditions still apply. Basic Provisions. FCIC added a new Special Provisions. Response: FCIC has changed the section 12(c) and redesignated sections Comment: One commenter phrase ‘‘In accordance with’’ to ‘‘In 12(b)(2), (3), and (4) as sections 12(c)(1), recommended adding a comma in addition to’’. (2), and (3), respectively, to clarify these
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provisions were intended to be in recommended above] is correct. The List of Subjects in 7 CFR Part 457 addition to section 14 of the Basic commenter stated perhaps it should Crop insurance, Cabbage, Reporting Provisions. The proposed sections 12(c) reference section 13(c). and recordkeeping requirements. and (d) have been redesignated as Response: As stated above, FCIC has sections 12(d) and (e), respectively, and removed section 13(a)(2)(iii) to be Final Rule the reference to section 12(b) in consistent with the changes in the ■ Accordingly, as set forth in the redesignated section 12(d) has been Mustard Crop Insurance Provisions, preamble, the Federal Crop Insurance revised to reference the new sections which were recently converted to a Corporation amends 7 CFR part 457 for 12(b) and (c). permanent crop insurance program and the 2010 and succeeding crop years as Comment: One commenter contain provisions regarding a follows: recommended either adding a comma processing crop. before the phrase ‘‘except for stored Comment: One commenter stated PART 457—COMMON CROP cabbage’’ or putting this phrase in INSURANCE REGULATIONS parentheses in section 12(c). section 13(c)(1) references the term Response: FCIC has added a comma ‘‘insured acreage’’. The commenter ■ 1. The authority citation for 7 CFR before the phrase ‘‘except for stored recommended adding a definition of part 457 continues to read as follows: insured acreage. cabbage’’ in redesignated section 12(d). Authority: 7 U.S.C. 1506(l), 1506(p). Comment: One commenter stated Response: FCIC has added language in ■ unless the provision in section 12(d) section 8(c) explaining how insurable 2. Section 457.171 is added to read as affects more than just what is in section acreage is determined for processing follows: 14(a)(3) of the Basic Provisions, the cabbage. In addition, FCIC has changed § 457.171 Cabbage crop insurance commenter recommended keeping the the reference from ‘‘insured acreage’’ to provisions. more specific reference to section ‘‘insurable acreage’’ in section 13(c)(1) The Cabbage Crop Insurance 14(a)(3) in the first sentence so people to be consistent with section 8(c). Provisions for the 2010 and succeeding do not have to read through all of Comment: Two commenters stated the crop years are as follows: section 14 of the Basic Provisions. background of this proposed rule states FCIC policies: United States Response: FCIC has revised the quality adjustments have been added. Department of Agriculture, Federal Crop provision accordingly. There is no specific reference to quality Insurance Corporation. Comment: Two commenters stated in adjustments; however, section 13(e) Reinsured policies: (Appropriate title section 13(a)(1) the sentence following notes an adjustment for damaged for insurance provider). section 13(a)(1)(ii) ‘‘For any processor production that is sold. The commenters Both FCIC and reinsured policies: contract that stipulates * * *’’ should recommended that, in order to maintain Cabbage Crop Insurance Provisions. be identified as subsection (a)(2) consistency with other Crop Provisions 1. Definitions otherwise, (a)(1) includes two sets of (i) and to provide clarity, section 13(e) Cabbage. Plants of the family and (ii), though perhaps it would be should contain language regarding the Brassicaceae and the genus Brassica, better if this subsection were moved to conditions under which quality grown for their compact heads and used section 13(d) [production to count]. One adjustments will be used. for human consumption. commenter also stated the spelling of Crop Year. In lieu of the definition Response: FCIC erroneously stated in ‘‘nothwithstanding’’ needs to be contained in section 1 of the Basic the proposed rule that quality corrected to ‘‘notwithstanding’’. Provisions, a period of time that begins Response: FCIC has identified the adjustments have been added to the on the first day of the earliest planting paragraph following section 13(a)(1)(ii) provisions. Quality adjustment period and continues through the last as subsection (a)(2) and has corrected provisions were already contained in day of the insurance period for the latest the spelling to ‘‘notwithstanding’’. FCIC the Pilot Cabbage Crop Provisions. FCIC planting period. The crop year is has also removed sections 13(a)(2)(ii) has revised the language in section designated by the calendar year in and (iii) and combined section 13(a)(2) 13(e)(1) to be more consistent with other which the cabbage planted in the latest with section 13(a)(2)(i) to be consistent Crop Provisions and to reference a planting period is normally harvested. with the changes in the Mustard Crop quality adjustment. Further, the Damaged cabbage production. Fresh Insurance Provisions, which were definition of ‘‘local market price’’ has market cabbage that fails to grade U.S. recently converted to a permanent crop been removed because it is no longer Commercial or better in accordance insurance program and contain required. The provision now refers to with the United States Standards for provisions regarding a processing crop. the amount received. For cabbage to be Grades of Cabbage, or processing Comment: Two commenters stated adjusted for damage, the damage must cabbage that fails to grade U.S. No. 2 or section 13(a)(2)(ii) [if the subsection have been caused by an insured cause better in accordance with the United (a)(2) is added as recommended above] of loss, but the damaged cabbage must States Standards for Grades of Cabbage references section 13(b)(4), but there is be marketable. The definition of for Processing due to an insurable cause no section 13(b)(4). ‘‘marketable cabbage’’ in section 1 of loss. Response: As stated above, FCIC has establishes that cabbage production that Direct marketing. Sale of the insured removed section 13(a)(2)(ii) to be is sold or grades at least U.S. crop directly to consumers without the consistent with the changes in the Commercial for fresh market cabbage or intervention of an intermediary such as Mustard Crop Insurance Provisions, grades at least U.S. No. 2 for processing a wholesaler, retailer, packer, processor, which were recently converted to a cabbage is marketable. shipper, or buyer. Examples of direct permanent crop insurance program and In addition to the changes described marketing include selling through an contain provisions regarding a above, FCIC has made minor editorial on-farm or roadside stand, farmer’s processing crop. changes and added a definition for market, and permitting the general Comment: One commenter stated it is ‘‘crop year.’’ FCIC has also removed any public to enter the field for the purpose unclear whether the reference to section reference to South Carolina because of picking all or a portion of the crop. 13(b) in section 13(a)(2)(iii) [if the they will no longer be participating in Harvest. Cutting of the cabbage plant subsection (a)(2) is added as the program. to sever the head from the stalk.
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Hundredweight. One hundred pounds (a) The producer’s commitment to price elections by type, in which case avoirdupois. plant and grow cabbage, and to sell and you may select one price election for Inspected transplants. Cabbage plants deliver the cabbage production to the each cabbage type designated in the that have been found to meet the processor; Special Provisions. standards of the public agency (b) The processor’s commitment to (b) The price elections you choose for responsible for the inspection process purchase all the production stated in the each type must bear the same within the State in which they are processor contract; and percentage relationship to the maximum grown. (c) A price per hundredweight that price election offered by us for each Marketable cabbage. Cabbage that is will be paid for the production. type. For example, if you selected 100 sold or grades at least: Timely planted. In lieu of the percent of the maximum price election (a) U.S. Commercial for fresh market definition contained in section 1 of the for one type, you must also select 100 cabbage; or Basic Provisions, cabbage planted percent of the maximum price election (b) U.S. No. 2 for processing cabbage. during a planting period designated in for all other types. Planted acreage. In addition to the the Special Provisions. definition contained in section 1 of the Type. A category of cabbage as 4. Contract Changes Basic Provisions, cabbage plants and designated in the Special Provisions. In accordance with the provisions of seeds must initially be planted in rows 2. Unit Division section 4 of the Basic Provisions, the wide enough to permit mechanical (a) A basic unit, as defined in section contract change dates are the following cultivation. Cabbage planted or seeds 1 of the Basic Provisions, will also be calendar dates preceding the planted in any other manner will not be divided into additional basic units by cancellation dates: insurable unless otherwise provided by planting period if separate planting the Special Provisions, actuarial periods are designated in the Special (a) April 30 in Florida; Brooks, documents, or by written agreement. Provisions. Colquitt, Tift, and Toombs Counties, Processor. Any business enterprise (b) In addition to the requirements of Georgia; and Texas; regularly engaged in processing cabbage section 34 of the Basic Provisions, (b) November 30 in Alaska; Rabun for human consumption, that possesses optional units may also be established County, Georgia; Illinois; Michigan; all licenses and permits for processing by type if separate types are designated New York; North Carolina; Ohio; cabbage required by the State in which in the Special Provisions. Oregon; Pennsylvania; Virginia; it operates, and that possesses facilities, 3. Insurance Guarantees, Coverage Washington; and Wisconsin; or or has contractual access to such Levels, and Prices for Determining (c) As designated in the Special facilities, with enough equipment to Indemnities Provisions for all other states and accept and process the contracted In addition to the requirements of counties. cabbage within a reasonable amount of section 3 of the Basic Provisions: time after harvest. (a) You may select only one price 5. Cancellation and Termination Dates Processor contract. A written contract election for all the cabbage in the county In accordance with the provisions of between the producer and the processor, insured under this policy unless the section 2 of the Basic Provisions, the containing at a minimum: Special Provisions provide different cancellation and termination dates are:
Cancellation and State and counties termination dates
Brooks, Colquitt, Tift, and Toombs Counties, Georgia; Texas ...... July 1. Florida ...... August 15. Oregon, Washington ...... February 1. Rabun County, Georgia; North Carolina ...... February 28. Alaska, Illinois, Michigan, New York, Ohio, Pennsylvania, Virginia, and Wisconsin ...... March 15. All other states and counties ...... As designated in the Special Provisions.
6. Report of Acreage (2) If direct seeded, planted with (ii) Not sold by direct marketing. In addition to the provisions of hybrid seed unless otherwise permitted (b) Under the processor contract, you section 6 of the Basic Provisions, to by the Special Provisions; will be considered to have a share in the insure your processing cabbage, you (3) Planted within the planting insured crop to the extent you retain periods as designated in the Special control of the acreage on which the must provide a copy of all your Provisions; cabbage is grown, your income from the processor contracts to us on or before (4) Planted to be: insured crop is dependent on the the acreage reporting date. (i) Harvested and sold as fresh amount of production delivered, and the 7. Insured Crop cabbage; or processor contract provides for delivery (a) In accordance with the provisions (ii) Grown and sold as processing of the cabbage under specified of section 8 of the Basic Provisions, the cabbage in accordance with the conditions and at a stipulated price. crop insured will be all the cabbage requirements of a processor contract (c) A processing cabbage producer types in the county for which a executed on or before the acreage who is also a processor may establish an premium rate is provided by the reporting date and not excluded from insurable interest if the following the processor contract at any time actuarial documents, in which you have additional requirements are met: during the crop year; and (1) The producer must comply with a share, and that are: (5) Unless allowed by the Special these Crop Provisions; (1) Planted with inspected Provisions: (2) Prior to the sales closing date, the transplants, if such transplants are (i) Not interplanted with another crop; Board of Directors or officers of the required by the Special Provisions; and processor must execute and adopt a
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resolution that contains the same terms (iv) Rabun County, Georgia: damage that occurs or becomes evident as an acceptable processor contract. (A) September 15 for the spring after the cabbage has been placed in Such resolution will be considered a planting period; and storage. processor contract under this policy; (B) October 31 for the summer 11. Replanting Payments and planting period; (a) In accordance with the provisions (3) Our inspection reveals that the (v) Illinois, Michigan, New York, of section 13 of the Basic Provisions, a processing facilities comply with the Ohio, and Pennsylvania: replanting payment is allowed if the definition of ‘‘processor’’ contained in (A) September 30 for the spring crop is damaged by an insurable cause these Crop Provisions. planting period; and of loss to the extent that the remaining 8. Insurable Acreage (B) November 25 for the summer stand will not produce at least 90 In addition to the provisions of planting period; percent of the production guarantee for section 9 of the Basic Provisions: (vi) North Carolina: the acreage and it is practical to replant. (a) We will not insure any acreage that (A) July 10 for the spring planting (b) No replanting payment will be does not meet the rotation requirements period; and made on acreage planted prior to the contained in the Special Provisions. (B) December 31 for the fall planting initial planting date or after the end of (b) Any acreage of the insured crop period; the final planting period as designated damaged before the end of the planting (vii) Oregon: December 31; by the Special Provisions. period, to the extent that a majority of (viii) Texas: (c) In accordance with the provisions producers in the area would normally (A) December 31 for the summer of section 13(c) of the Basic Provisions, not further care for the crop, must be planting period; the maximum amount of the replanting replanted unless we agree that it is not (B) February 15 for the fall planting payment per acre is the number of practical to replant. period; and hundredweight specified in the Special (c) For processing cabbage, insurable (C) April 30 for the winter planting Provisions multiplied by your price acreage will be: period; election, multiplied by your insured (1) For acreage only based processor (ix) Virginia: share. The fresh market cabbage price contracts, and acreage and production (A) July 31 for the early spring election will be used to determine based processor contracts which specify planting period; a maximum number of acres, the lesser (B) September 15 for the spring processing cabbage replanting payments of: planting period; and in counties where both fresh market and (i) The planted acres; or (C) November 15 for the summer processing cabbage are insurable. (ii) The maximum number of acres planting period; (d) When the insured crop is specified in the contract; (x) Washington: December 31; replanted using a practice that is (2) For production only based (xi) Wisconsin: November 5; and uninsurable as an original planting, the processor contracts, the lesser of: (xii) All other states and counties as liability for the unit will be reduced by (i) The number of acres determined by provided in the Special Provisions. the amount of the replanting payment dividing the production stated in the 10. Causes of Loss attributable to your share. The premium processor contract by the approved (a) In accordance with the provisions will not be reduced. yield; or of section 12 of the Basic Provisions, (e) In lieu of the provisions contained (ii) The planted acres. insurance is provided only against the in section 13 of the Basic Provisions that 9. Insurance Period following causes of loss that occur limit a replanting payment to one each (a) In lieu of the provisions of section during the insurance period: crop year, only one replanting payment 11 of the Basic Provisions, coverage (1) Adverse weather conditions; will be made for acreage replanted begins on each unit or part of a unit the (2) Fire; during each planting period within the later of: (3) Wildlife; crop year, if separate planting periods (1) The date we accept your (4) Insects or plant disease, but not are allowed by the Special Provisions. application; or damage due to insufficient or improper 12. Duties In The Event of Damage or (2) When the cabbage is planted in application of control measures; Loss each planting period. (5) Earthquake; (a) Failure to meet the requirements of (b) In addition to the provisions of (6) Volcanic eruption; or this section will result in an appraised section 11 of the Basic Provisions, the (7) Failure of the irrigation water amount of production to count of not end of the insurance period will be the supply, if caused by a cause of loss less than the production guarantee per earlier of: specified in sections 10(a)(1) through (6) acre if such failure results in our (1) The date the crop should have that occurs during the insurance period. inability to make the required appraisal. been harvested; or (b) In lieu of the provisions of section (2) The following applicable calendar (b) In addition to the causes of loss 14(a)(2)(Your Duties) of the Basic date after planting; excluded in section 12 of the Basic (i) Alaska: October 1; Provisions, we will not insure against Provisions, so that we may inspect the (ii) Florida: damage or loss of production due to: insured crop, you must give us notice (A) February 15 for the fall planting (1) Failure to market the cabbage for within 72 hours of your initial discovery period; any reason other than actual physical of damage if such discovery occurs more (B) April 15 for the winter planting damage from an insured cause of loss than 15 days prior to harvest of the period; and that occurs during the insurance period acreage. (C) May 31 for the spring planting (For example, we will not pay you an (c) In addition to the provisions of period; indemnity if you are unable to market section 14(a)(3) (Your Duties) of the (iii) Brooks, Colquitt, Tift, and due to quarantine, boycott, or refusal of Basic Provisions, so that we may inspect Toombs Counties, Georgia: any person to accept production, etc.); the insured crop, you must give us (A) January 15 for the fall planting or notice: period; and (2) Damage that occurs or becomes (1) Immediately if damage is (B) June 15 for the spring planting evident after the end of the insurance discovered 15 days or less prior to the period; period, including, but not limited to, beginning of harvest or during harvest.
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(2) At least 15 days prior to the contract(s) forming the basis of the to count for the acreage for processing beginning of harvest, if direct marketing insurance guarantee; as sauerkraut. of the insured crop is allowed by the (b) The extent of any damaged (5) $45,000 + $17,100 = $62,100 total Special Provisions, and you intend to cabbage production must be determined value of production to count. direct market any of the crop. not later than the date the cabbage is (6) $138,000 ¥$62,100 = $75,900 loss. (3) At least 15 days before the earlier placed in storage if the production is (7) $75,900 × 100 percent share = of: stored prior to sale, or the date the $75,900 indemnity payment. (i) The date harvest would normally cabbage is delivered to a buyer, (d) The total production to count (in start if any acreage on the unit will not wholesaler, packer, processor, or other hundredweight) of marketable cabbage be harvested; or handler if production is not stored. from all insurable acreage on the unit (ii) The beginning of harvest, if any (c) In the event of loss or damage will include: production will be harvested for a use covered by this policy, we will settle (1) All appraised production as other than as indicated on the acreage your claim by: follows: report. (1) Multiplying the insurable acreage (i) Not less than the production (d) After you have provided the by its respective production guarantee guarantee (per acre) for acreage: applicable notice required by sections (per acre), by type if applicable; (A) That is abandoned; 12(b) and (c), we will conduct an (2) Multiplying each result in section (B) For which you fail to meet the appraisal to determine your production 13(c)(1) by the respective price election, requirements contained in section 12; to count for the purposes of section by type if applicable; (C) That is put to another use without 13(d). (3) Totaling the results in section our consent; (1) Except as provided in section 13(c)(2); (D) That is damaged solely by 12(e), you must not dispose of or sell the (4) Multiplying the total production to uninsured causes; or damaged crop, or store the insured crop, count of each type, if applicable (see (E) For which you fail to provide until after we have appraised it and section 13)(d)), by its respective price production records that are acceptable given you written consent to do so. election; to us; (2) If additional damage occurs after (5) Totaling the results in section (ii) All production lost due to this appraisal, except for stored cabbage, 13(c)(4); uninsured causes; (6) Subtracting the results in section we will conduct another appraisal. (iii) All unharvested marketable (3) These appraisals, and any 13(c)(5) from the results of section production; acceptable records provided by you, 13(c)(3); and (iv) All potential production on (7) Multiplying the result in section will be used to determine your insured acreage that you intend to put 13(c)(6) by your share. production to count in accordance with to another use or abandon, if you and For example: we agree on the appraised amount of section 13(d). For a basic unit you have 100 percent production. Upon such agreement, the (e) In accordance with the share in 100 acres of cabbage, 50 acres insurance period for that acreage will requirements of section 14 of the Basic for fresh market and 50 acres for end when you put the acreage to Provisions, if you initially discover processing as sauerkraut, with a another use or abandon the crop. If damage to any insured cabbage within production guarantee (per acre) of 400 agreement on the appraised amount of 15 days of or during harvest, you must hundredweight per acre for fresh market production is not reached: leave representative samples of the and 400 hundredweight per acre for (A) If you do not elect to continue to unharvested crop for our inspection. processing as sauerkraut and a price care for the crop, we may give you The samples must be at least 3 rows election of $5.00 per hundredweight for consent to put the acreage to another wide and extend the entire length of fresh market and $1.90 per use if you agree to leave intact, and each field in the unit and must not be hundredweight for processing as provide sufficient care for, harvested or destroyed until the earlier sauerkraut. You are only able to harvest representative samples of the crop in of our inspection or 15 days after 9,000 hundredweight of fresh market completion of harvest on the unit. cabbage and 9,000 hundredweight of locations acceptable to us. (The amount 13. Settlement of Claim cabbage for sauerkraut because an of production to count for such acreage (a) We will determine your loss on a insured cause of loss has reduced will be based on the harvested unit basis. production. Your total indemnity would production or appraisals from the (1) In the event you are unable to be calculated as follows: samples at the time harvest should have provide separate acceptable production (1) 50 acres × 400 hundredweight = occurred. If you do not leave the records: 20,000 hundredweight guarantee for the required samples intact, or fail to (i) For any optional units, we will fresh market acreage. provide sufficient care for the samples, combine all optional units for which 50 acres × 400 hundredweight = our appraisal made prior to giving you such production records were not 20,000 hundredweight guarantee for the consent to put the acreage to another provided; and processing as sauerkraut acreage. use will be used to determine the (ii) For any basic units, we will (2) 20,000 hundredweight guarantee × amount of production to count); or allocate any commingled production to $5.00 price election = $100,000 value of (B) If you elect to continue to care for such units in proportion to our liability guarantee for the fresh market cabbage. the crop, the amount of production to on the harvested acreage for the units. 20,000 hundredweight guarantee × count for the acreage will be the (2) For any processor contract that $1.90 price election = $38,000 value of harvested production, or our reappraisal stipulates only the amount of guarantee for processing as sauerkraut. if additional damage occurs and the production to be delivered, and (3) $100,000 + $38,000 = $138,000 crop is not harvested; and notwithstanding the provisions of this total value of guarantee. (2) All harvested production from the section or any unit division provisions (4) 9,000 hundredweight × $5.00 price insurable acreage. contained in the Basic Provisions, no election = $45,000 value of production (e) Mature production that is indemnity will be paid for any loss of to count for the fresh market acreage. considered damaged cabbage production on any unit if you produced 9,000 hundredweight × $1.90 price production but is sold will be adjusted a crop sufficient to fulfill the processor election = $17,100 value of production for quality as follows:
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(1) Dividing the amount received per DATES: This AD becomes effective April Comments hundredweight of such damaged 2, 2009. We provided the public the cabbage production by the applicable The Director of the Federal Register opportunity to participate in the price election; and approved the incorporation by reference development of this AD. We have (2) Multiplying the result by the of a certain publication listed in the AD considered the comments received. number of hundredweight of damaged as of April 2, 2009. cabbage production. Request To Clarify Effectivity 14. Late and Prevented Planting ADDRESSES: For service information Boeing asks that the affected airplanes The late and prevented planting identified in this AD, contact Boeing specified in Note 3 of the supplemental provisions of the Basic Provisions are Commercial Airplanes, Attention: Data NPRM be clarified. Boeing states that not applicable. & Services Management, P.O. Box 3707, the original issue of Boeing Service Signed in Washington, DC, on February 19, MC 2H–65, Seattle, Washington 98124– Bulletin 737–53–1085, Revision 1, dated 2009. 2207; telephone 206–544–5000, May 10, 1990 (referred to in Note 3), William J. Murphy, extension 1, fax 206–766–5680; e-mail contains an error in the affected [email protected]; Internet Acting Manager, Federal Crop Insurance airplanes shown in the summary Corporation. https://www.myboeingfleet.com. section. Boeing notes that the error [FR Doc. E9–4118 Filed 2–25–09; 8:45 am] Examining the AD Docket shows line numbers 1 through 1000. BILLING CODE 3410–08–P Boeing also states that in the planning You may examine the AD docket on information section of that service the Internet at http:// bulletin, it shows line number 1000/part number 136 is not included in the DEPARTMENT OF TRANSPORTATION www.regulations.gov; or in person at the Docket Management Facility between 9 Group 2 airplanes (all affected Model Federal Aviation Administration a.m. and 5 p.m., Monday through 737–200 airplanes). In addition, Boeing Friday, except Federal holidays. The AD Service Bulletin 737–53–1085, Revision 14 CFR Part 39 docket contains this AD, the regulatory 1, dated May 10, 1990, includes a evaluation, any comments received, and change to the production line for line [Docket No. FAA–2007–29255; Directorate other information. The address for the numbers 1000 and on. Boeing asks that Identifier 2007–NM–085–AD; Amendment Docket Office (telephone 800–647–5527) Note 3 of the supplemental NPRM be 39–15821; AD 2009–04–15] is the Document Management Facility, changed to replace line number 1000 RIN 2120–AA64 U.S. Department of Transportation, with line number 999, and to replace Docket Operations, M–30, West line number 1001 with line number Airworthiness Directives; Boeing Building Ground Floor, Room W12–140, 1000. We agree for the reasons provided Model 737–100, –200, –200C, –300, 1200 New Jersey Avenue SE., and have changed Note 3 for –400, and –500 Series Airplanes Washington, DC 20590. clarification. AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Request To Clarify Paragraph (g) Administration (FAA), Department of Wayne Lockett, Aerospace Engineer, Boeing asks that we clarify the first Transportation (DOT). Airframe Branch, ANM–120S, FAA, sentence in paragraph (g) of the ACTION: Final rule. Seattle Aircraft Certification Office, supplemental NPRM (paragraph (f) of 1601 Lind Avenue, SW., Renton, the final rule) by adding ‘‘as applicable’’ SUMMARY: The FAA is adopting a new Washington 98057–3356; telephone after the inspection method. We agree airworthiness directive (AD) for certain (425) 917–6447; fax (425) 917–6590. because the inspection method depends Boeing Model 737–100, –200, –200C, SUPPLEMENTARY INFORMATION: on the type of stringer clip. We have –300, –400, and –500 series airplanes. changed paragraph (f) of the AD This AD requires repetitive internal Discussion accordingly. eddy current and detailed inspections to detect cracked stringer tie clips; The FAA issued a supplemental Request To Clarify Paragraph (h) measuring the fastener spacing and the notice of proposed rulemaking (NPRM) Boeing asks that we clarify the first edge margin if applicable, and doing to amend 14 CFR part 39 to include an sentence in paragraph (h) of the applicable corrective and related AD that would apply to certain Boeing supplemental NPRM (paragraph (g) of investigative actions. As a temporary Model 737–100, –200, –200C, –300, the final rule) by adding ‘‘as applicable’’ alternative to doing the actions –400, and –500 series airplanes. That to that sentence. We agree because the described previously, this AD requires supplemental NPRM was published in inspection types are appropriate only repetitive external general visual the Federal Register on August 29, 2008 for certain airplanes. We have changed inspections of the skin and lap joints (73 FR 50899). That supplemental paragraph (g) of the AD accordingly. and repetitive external eddy current NPRM proposed to require repetitive sliding probe inspections, as applicable, internal eddy current and detailed Request To Move Note 2 of the lap joints for cracks and evidence inspections to detect cracked stringer tie Boeing asks that we move Note 2 of of overload resulting from cracked clips; measuring the fastener spacing the supplemental NPRM from its stringer tie clips, and applicable and the edge margin if applicable, and current position below paragraph (h) of corrective actions if necessary. This AD doing applicable corrective and related the supplemental NPRM (paragraph (g) results from a report of several cracked investigative actions. That supplemental of the final rule) to the position below stringer tie clips. We are issuing this AD NPRM also proposed to require paragraph (g) (paragraph (f) of the final to detect and correct multiple adjacent repetitive external eddy current sliding rule) and Note 1 of the supplemental cracked stringer tie clips and damaged probe inspections of the lap joints for NPRM. Boeing states that Note 2 skin and frames, which could lead to cracks and evidence of overload pertains to the optional/economic the skin and frame structure developing resulting from cracked stringer tie clips, inspections, which are relative to those cracks and consequent decompression and applicable corrective actions if inspections specified in paragraph (g), of the airplane. necessary. not paragraph (h). Boeing notes that
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Note 2 provides supplemental AD, and re-identified subsequent with the changes described previously. information about paragraph (g). Boeing paragraphs accordingly. (That paragraph We also determined that these changes adds that Note 2 should be moved to was identified as paragraph (f) in the will not increase the economic burden correspond with Inspection A, which is supplemental NPRM.) Instead, we have on any operator or increase the scope of specified in paragraph (g). We agree for spelled out the service bulletin citations the AD. the reasons provided and we have throughout this AD. moved Note 2 to the position below Costs of Compliance Conclusion Note 1. We reviewed the relevant data, We estimate that this AD affects 787 Change to Final Rule considered the comments received, and airplanes of U.S. registry. The following We have removed the ‘‘Service determined that air safety and the table provides the estimated costs for Bulletin Reference’’ paragraph from this public interest require adopting the AD U.S. operators to comply with this AD.
ESTIMATED COSTS
Number of Average labor Action Work hours 1 Cost per airplane 1 U.S.-registered Fleet cost 1 rate per hour airplanes
Inspection A ...... Between 40 and 103 ...... $80 Between $3,200 and 787 Between $2,518,400 and $8,240, per inspection $6,484,880, per in- cycle. spection cycle. Inspection B (temporary Between 2 and 109 ...... 80 Between $160 and 787 Between $125,920 and alternative to Inspection $8,720. $6,862,640, per in- A). spection cycle. 1 Depending on the airplane configuration.
Authority for This Rulemaking (3) Will not have a significant Affected ADs Title 49 of the United States Code economic impact, positive or negative, (b) AD 93–08–04, amendment 39–8551. on a substantial number of small entities specifies the FAA’s authority to issue Applicability rules on aviation safety. Subtitle I, under the criteria of the Regulatory Flexibility Act. (c) This AD applies to Boeing Model 737– Section 106, describes the authority of 100, –200, –200C, –300, –400, and –500 the FAA Administrator. Subtitle VII, We prepared a regulatory evaluation series airplanes, certificated in any category; Aviation Programs, describes in more of the estimated costs to comply with as identified in Boeing Special Attention detail the scope of the Agency’s this AD and placed it in the AD docket. Service Bulletin 737–53–1268, dated August authority. See the ADDRESSES section for a location 25, 2006. We are issuing this rulemaking under to examine the regulatory evaluation. Unsafe Condition the authority described in Subtitle VII, List of Subjects in 14 CFR Part 39 (d) This AD results from a report of several Part A, Subpart III, Section 44701, cracked stringer tie clips. We are issuing this ‘‘General requirements.’’ Under that Air transportation, Aircraft, Aviation AD to detect and correct multiple adjacent section, Congress charges the FAA with safety, Incorporation by reference, cracked stringer tie clips and damaged skin promoting safe flight of civil aircraft in Safety. and frames, which could lead to the skin and air commerce by prescribing regulations frame structure developing cracks and for practices, methods, and procedures Adoption of the Amendment consequent decompression of the airplane. the Administrator finds necessary for ■ Accordingly, under the authority Compliance safety in air commerce. This regulation delegated to me by the Administrator, (e) You are responsible for having the is within the scope of that authority the FAA amends 14 CFR part 39 as actions required by this AD performed within because it addresses an unsafe condition follows: the compliance times specified, unless the that is likely to exist or develop on actions have already been done. products identified in this rulemaking PART 39—AIRWORTHINESS Inspection A: Required Internal Inspections, action. DIRECTIVES Applicable Corrective and Related Regulatory Findings Investigative Actions, and Measurement ■ 1. The authority citation for part 39 We have determined that this AD will (f) Do repetitive internal eddy current and continues to read as follows: detailed inspections, as applicable, to detect not have federalism implications under Authority: 49 U.S.C. 106(g), 40113, 44701. cracked stringer tie clips; measure the Executive Order 13132. This AD will fastener spacing and the edge margin if not have a substantial direct effect on § 39.13 [Amended] applicable; and do applicable corrective and the States, on the relationship between related investigative actions. Do all the national government and the States, ■ 2. The Federal Aviation applicable actions at the applicable or on the distribution of power and Administration (FAA) amends § 39.13 compliance times and repeat intervals responsibilities among the various by adding the following new identified in Tables 2 through 8 inclusive of paragraph 1.E., ‘‘Compliance,’’ of Boeing levels of government. airworthiness directive (AD): For the reasons discussed above, I Special Attention Service Bulletin 737–53– 1268, dated August 25, 2006 (‘‘the service certify that this AD: 2009–04–15 Boeing: Amendment 39–15821. Docket No. FAA–2007–29255; bulletin’’); except as provided by paragraphs (1) Is not a ‘‘significant regulatory Directorate Identifier 2007–NM–085–AD. (h) through (k) of this AD. Do all applicable action’’ under Executive Order 12866; actions in accordance with the (2) Is not a ‘‘significant rule’’ under Effective Date Accomplishment Instructions of the service DOT Regulatory Policies and Procedures (a) This AD becomes effective April 2, bulletin, except as provided by paragraph (l) (44 FR 11034, February 26, 1979); and 2009. of this AD.
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Note 1: Boeing Special Attention Service Special Attention Service Bulletin 737–53– required by this AD, unless the AD specifies Bulletin 737–53–1268, dated August 25, 1268, dated August 25, 2006 (‘‘the service otherwise. The Director of the Federal 2006, refers to Boeing Service Bulletin 737– bulletin’’), where the service bulletin Register approved the incorporation by 53A1177, Revision 6, dated May 31, 2001, as specifies a compliance time of before 25,000 reference of this document in accordance an additional source of service information total airplane flight cycles, this AD requires with 5 U.S.C. 552(a) and 1 CFR part 51. for doing an internal eddy current inspection a compliance time of before the accumulation (1) For service information identified in of the lap joint for certain airplane of 25,000 total flight cycles, or within 2 years this AD, contact Boeing Commercial configurations. after the effective date of this AD, whichever Airplanes, Attention: Data & Services occurs later. Note 2: The eddy current inspections along Management, P.O. Box 3707, MC 2H–65, (k) Where Boeing Special Attention Service the stringer tie clip radius to detect damage Seattle, Washington 98124–2207; telephone and replacement, as applicable, specified in Bulletin 737–53–1268, dated August 25, 206–544–5000, extension 1, fax 206–766– paragraph 3.B.5. of the Accomplishment 2006, specifies no starting point (e.g., ‘‘after 5680; e-mail [email protected]; Instructions of Boeing Special Attention the date on the service bulletin’’) for a grace Internet https://www.myboeingfleet.com. Service Bulletin 737–53–1268, dated August period, this AD requires compliance within (2) You may review copies of the service 25, 2006, are not required by this AD. The the specified grace period after the effective information that is incorporated by reference actions are optional and can be done in date of this AD. at the FAA, Transport Airplane Directorate, addition to and at the same time as the (l) Where Boeing Special Attention Service 1601 Lind Avenue, SW., Renton, actions required by paragraph (f) of this AD. Bulletin 737–53–1268, dated August 25, Washington. For information on the 2006, specifies to contact Boeing for availability of this material at the FAA, call Inspection B: Temporary Alternative appropriate action: Before further flight, 425–227–1221 or 425–227–1152. External Inspections and Corrective Actions repair the discrepancy using a method (3) You may also review copies of the approved in accordance with the procedures service information at the National Archives (g) As a temporary alternative to doing the specified in paragraph (n) of this AD. and Records Administration (NARA). For actions required by paragraph (f) of this AD, information on the availability of this do repetitive external general visual Certain Actions End Certain Requirements of material at NARA, call 202–741–6030, or go inspections of the skin and lap joints and AD 93–08–04 to: http://www.archives.gov/federal_register/ repetitive external eddy current sliding probe (m) Accomplishment of the internal eddy code_of_federal_regulations/ inspections, as applicable, of the lap joints current and detailed inspections for STA 559 ibr_locations.html. for cracks and evidence of overload resulting to STA 887 in accordance with paragraph (f) from cracked stringer tie clips, and Issued in Renton, Washington, on January of this AD constitutes compliance with the applicable corrective actions if necessary. Do 30, 2009. inspections required by paragraph (a) of AD all applicable actions at the applicable Stephen P. Boyd, 93–08–04, as it pertains to Boeing Service compliance times and repeat intervals Bulletin 737–53–1085, Revision 1, dated May Assistant Manager, Transport Airplane identified in Tables 9 through 12 inclusive of 10, 1990. Accomplishment of the internal Directorate, Aircraft Certification Service. paragraph 1.E., ‘‘Compliance,’’ of Boeing eddy current and detailed inspections does [FR Doc. E9–3621 Filed 2–25–09; 8:45 am] Special Attention Service Bulletin 737–53– not terminate the remaining requirements of 1268, dated August 25, 2006 (‘‘the service BILLING CODE 4910–13–P AD 93–08–04, as it applies to other service bulletin’’), but not to exceed the flight cycles bulletins. Operators are required to continue in the ‘‘Inspection Period Allowed’’ column to inspect and/or modify per the other of the tables; except as provided by DEPARTMENT OF TRANSPORTATION service bulletins listed in that AD. paragraphs (h) and (k) of this AD. Do all applicable actions in accordance with the Alternative Methods of Compliance Federal Aviation Administration Accomplishment Instructions of the service (AMOCs) bulletin, except as provided by paragraph (l) (n)(1) The Manager, Seattle Aircraft 14 CFR Part 39 of this AD. Certification Office (ACO), FAA, ATTN: [Docket No. FAA–2008–1115; Directorate Note 3: Inspection B may be used on Wayne Lockett, Aerospace Engineer, Identifier 2008–NM–134–AD; Amendment affected airplanes having line numbers 1 Airframe Branch, ANM–120S, FAA, Seattle 39–15801; AD 2009–02–11] through 999 inclusive on which the ACO, 1601 Lind Avenue, SW., Renton, terminating action (i.e., replacement of Washington 98057–3356; telephone (425) RIN 2120–AA64 stringer tie clips) specified in Boeing Service 917–6447; fax (425) 917–6590; has the Bulletin 737–53–1085, Revision 1, dated May authority to approve AMOCs for this AD, if Airworthiness Directives; Bombardier 10, 1990, has been done; and on affected requested using the procedures found in 14 Model CL–600–2C10 (Regional Jet airplanes having line numbers 1000 and CFR 39.19. Series 700, 701 & 702) Airplanes and subsequent. Boeing Special Attention Service (2) To request a different method of Model CL–600–2D24 (Regional Jet Bulletin 737–53–1268, dated August 25, compliance or a different compliance time Series 900) Airplanes 2006, contains a similar note. for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on AGENCY: Federal Aviation Exceptions to Service Information any airplane to which the AMOC applies, Administration (FAA), Department of (h) Where Boeing Special Attention Service notify your appropriate principal inspector Transportation (DOT). Bulletin 737–53–1268, dated August 25, 2006 (PI) in the FAA Flight Standards District ACTION: (‘‘the service bulletin’’), specifies a Office (FSDO), or lacking a PI, your local Final rule. compliance time after the date of the service FSDO. SUMMARY: We are adopting a new bulletin, this AD requires compliance within (3) An AMOC that provides an acceptable airworthiness directive (AD) for the the specified compliance time after the level of safety may be used for any repair effective date of this AD. required by this AD, if it is approved by an products listed above. This AD results (i) For Model 737–100, –200, and –200C Authorized Representative for the Boeing from mandatory continuing series airplanes, on which Boeing Service Commercial Airplanes Delegation Option airworthiness information (MCAI) Bulletin 737–53–1085, Revision 1, dated May Authorization Organization who has been originated by an aviation authority of 10, 1990, has not been done in accordance authorized by the Manager, Seattle ACO, to another country to identify and correct with AD 93–08–04: As of the effective date make those findings. For a repair method to an unsafe condition on an aviation of this AD, do the applicable inspections be approved, the repair must meet the product. The MCAI describes the unsafe from station (STA) 559 to STA 887 in certification basis of the airplane. accordance with paragraph (f) of this AD, at condition as: the applicable compliance times specified in Material Incorporated by Reference Bombardier Aerospace has completed a paragraph (b) of AD 93–08–04. (o) You must use Boeing Special Attention system safety review of the CL–600–2C10/ (j) In the first row of Tables 5 and 6 of Service Bulletin 737–53–1268, dated August CL–600–2D24 aircraft fuel system against the paragraph 1.E., ‘‘Compliance,’’ of Boeing 25, 2006, to perform the actions that are new fuel tank safety standards. * * *
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The assessment showed that a single To correct the unsafe condition, this Authority for This Rulemaking failure due to chafing of fuel system wiring directive mandates separation of the high with high power wiring at the centre fuel power wiring from the fuel system wiring at Title 49 of the United States Code tank front spar could result in overheating of the centre fuel tank front spar area and the specifies the FAA’s authority to issue the fuel boost pump. The assessment also installation of additional clamping and rules on aviation safety. Subtitle I, showed that chafing of the high power wiring support for the high power wiring [i.e., section 106, describes the authority of modifying the routing and support of with the centre fuel tank front spar structures the FAA Administrator. ‘‘Subtitle VII: could result in overheating of the fuel tank electrical wires in the center fuel tank front wall. Overheating of * * * the fuel tank wall spar area]. Aviation Programs,’’ describes in more detail the scope of the Agency’s could lead to hot surface ignition resulting in Required actions also include an authority. a fuel tank explosion. inspection to determine if pins have a We are issuing this AD to require minimum of one thread above the nuts, We are issuing this rulemaking under actions to correct the unsafe condition and a visual inspection for damage of the authority described in ‘‘Subtitle VII, on these products. the sealant. Corrective actions include Part A, Subpart III, Section 44701: General requirements.’’ Under that DATES: This AD becomes effective April replacing pins and nuts and applying section, Congress charges the FAA with 2, 2009. sealant. You may obtain further promoting safe flight of civil aircraft in The Director of the Federal Register information by examining the MCAI in air commerce by prescribing regulations approved the incorporation by reference the AD docket. for practices, methods, and procedures of a certain publication listed in this AD Comments the Administrator finds necessary for as of April 2, 2009. We gave the public the opportunity to safety in air commerce. This regulation ADDRESSES: You may examine the AD participate in developing this AD. We is within the scope of that authority docket on the Internet at http:// received no comments on the NPRM or because it addresses an unsafe condition www.regulations.gov or in person at the on the determination of the cost to the that is likely to exist or develop on U.S. Department of Transportation, public. products identified in this rulemaking Docket Operations, M–30, West action. Building Ground Floor, Room W12–140, Conclusion 1200 New Jersey Avenue, SE., We reviewed the available data and Regulatory Findings Washington, DC. determined that air safety and the We determined that this AD will not FOR FURTHER INFORMATION CONTACT: public interest require adopting the AD as proposed. have federalism implications under Rocco Viselli, Aerospace Engineer, Executive Order 13132. This AD will Airframe and Propulsion Branch, ANE– Differences Between This AD and the not have a substantial direct effect on 171, FAA, New York Aircraft MCAI or Service Information the States, on the relationship between Certification Office, 1600 Stewart the national government and the States, Avenue, Suite 410, Westbury, New York We have reviewed the MCAI and related service information and, in or on the distribution of power and 11590; telephone (516) 228–7331; fax responsibilities among the various (516) 794–5531. general, agree with their substance. But we might have found it necessary to use levels of government. SUPPLEMENTARY INFORMATION: different words from those in the MCAI For the reasons discussed above, I Discussion to ensure the AD is clear for U.S. certify this AD: operators and is enforceable. In making We issued a notice of proposed 1. Is not a ‘‘significant regulatory these changes, we do not intend to differ rulemaking (NPRM) to amend 14 CFR action’’ under Executive Order 12866; substantively from the information part 39 to include an AD that would provided in the MCAI and related 2. Is not a ‘‘significant rule’’ under the apply to the specified products. That service information. DOT Regulatory Policies and Procedures NPRM was published in the Federal We might also have required different (44 FR 11034, February 26, 1979); and Register on October 23, 2008 (73 FR actions in this AD from those in the 63094). That NPRM proposed to correct 3. Will not have a significant MCAI in order to follow our FAA economic impact, positive or negative, an unsafe condition for the specified policies. Any such differences are products. The MCAI states: on a substantial number of small entities highlighted in a NOTE within the AD. under the criteria of the Regulatory Bombardier Aerospace has completed a Flexibility Act. system safety review of the CL–600–2C10/ Costs of Compliance CL–600–2D24 aircraft fuel system against the We estimate that this AD will affect We prepared a regulatory evaluation new fuel tank safety standards, introduced in about 159 products of U.S. registry. We of the estimated costs to comply with Chapter 525 of the Airworthiness Manual also estimate that it will take about 102 this AD and placed it in the AD docket. through Notice of Proposed Amendment work-hours per product to comply with (NPA) 2002–043. The identified non- Examining the AD Docket compliances were assessed using Transport the basic requirements of this AD. The Canada Policy Letter No. 525–001 to average labor rate is $80 per work-hour. You may examine the AD docket on determine if mandatory corrective action was Required parts will cost about $7,646 the Internet at http:// required. per product. Where the service www.regulations.gov; or in person at the The assessment showed that a single information lists required parts costs Docket Operations office between 9 a.m. failure due to chafing of fuel system wiring that are covered under warranty, we and 5 p.m., Monday through Friday, with high power wiring at the centre fuel have assumed that there will be no except Federal holidays. The AD docket tank front spar could result in overheating of charge for these parts. As we do not contains the NPRM, the regulatory the fuel boost pump. The assessment also control warranty coverage for affected evaluation, any comments received, and showed that chafing of the high power wiring with the centre fuel tank front spar structures parties, some parties may incur costs other information. The street address for could result in overheating of the fuel tank higher than estimated here. Based on the Docket Operations office (telephone wall. Overheating of the fuel boost pump or these figures, we estimate the cost of (800) 647–5527) is in the ADDRESSES the fuel tank wall could lead to hot surface this AD to the U.S. operators to be section. Comments will be available in ignition resulting in a fuel tank explosion. $2,513,154, or $15,806 per product. the AD docket shortly after receipt.
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List of Subjects in 14 CFR Part 39 To correct the unsafe condition, this provisions of the Paperwork Reduction Act, directive mandates separation of the high the Office of Management and Budget (OMB) Air transportation, Aircraft, Aviation power wiring from the fuel system wiring at has approved the information collection safety, Incorporation by reference, the centre fuel tank front spar area and the requirements and has assigned OMB Control Safety. installation of additional clamping and Number 2120–0056. support for the high power wiring [i.e., Adoption of the Amendment Related Information modifying the routing and support of ■ Accordingly, under the authority electrical wires in the center fuel tank front (h) Refer to MCAI Canadian Airworthiness delegated to me by the Administrator, spar area]. Directive CF–2008–24, dated July 3, 2008, Required actions also include an inspection and Bombardier Service Bulletin 670BA–24– the FAA amends 14 CFR part 39 as 012, Revision B, dated July 25, 2007, for follows: to determine if pins have a minimum of one thread above the nuts, and a visual related information. PART 39—AIRWORTHINESS inspection for damage of the sealant. Material Incorporated by Reference DIRECTIVES Corrective actions include replacing pins and (i) You must use Bombardier Service nuts and applying sealant. Bulletin 670BA–24–012, Revision B, dated ■ 1. The authority citation for part 39 Actions and Compliance July 25, 2007, to do the actions required by continues to read as follows: this AD, unless the AD specifies otherwise. (f) Unless already done, do the following (1) The Director of the Federal Register Authority: 49 U.S.C. 106(g), 40113, 44701. actions. approved the incorporation by reference of (1) Within 4,500 flight hours after the this service information under 5 U.S.C. § 39.13 [Amended] effective date of this AD, modify the routing 552(a) and 1 CFR part 51. ■ and support of the electrical wires in the 2. The FAA amends § 39.13 by adding (2) For service information identified in the following new AD: center fuel tank front spar area (including an this AD, contact Bombardier, Inc., 400 Coˆte- inspection to determine if pins have a Vertu Road West, Dorval, Que´bec H4S 1Y9, 2009–02–11 Bombardier Inc. (Formerly minimum of one thread above the nuts, and Canadair): Amendment 39–15801. Canada; telephone 514–855–5000; fax 514– a visual inspection for damage of the sealant, 855–7401; e-mail Docket No. FAA–2008–1115; Directorate and applicable corrective actions) in Identifier 2008–NM–134–AD. [email protected]; Internet http:// accordance with the Accomplishment www.bombardier.com. Effective Date Instructions of Bombardier Service Bulletin (3) You may review copies of the service 670BA–24–012, Revision B, dated July 25, information that is incorporated by reference (a) This airworthiness directive (AD) 2007. Do all applicable related investigative becomes effective April 2, 2009. at the FAA, Transport Airplane Directorate, and corrective actions before further flight. 1601 Lind Avenue SW., Renton, Washington. Affected ADs (2) Actions done before the effective date For information on the availability of this of this AD in accordance with Bombardier (b) None. material at the FAA, call 425–227–1221 or Service Bulletin 670BA–24–012, dated April 425–227–1152. Applicability 18, 2005; or Revision A, dated October 25, (4) You may also review copies of the (c) This AD applies to the airplanes 2006; are acceptable for compliance with the service information at the National Archives identified in paragraphs (c)(1) and (c)(2) of corresponding requirements of this AD. and Records Administration (NARA). For this AD, certificated in any category. FAA AD Differences information on the availability of this (1) Bombardier Model CL–600–2C10 material at NARA, call 202–741–6030, or go (Regional Jet Series 700, 701, & 702) Note 1: This AD differs from the MCAI to: http://www.archives.gov/federal_register/ airplanes, serial numbers 10003 through and/or service information as follows: No code_of_federal_regulations/ 10169 inclusive. differences. ibr_locations.html. (2) Bombardier Model CL–600–2D24 Issued in Renton, Washington, on January Other FAA AD Provisions (Regional Jet Series 900) airplanes, serial 15, 2009. numbers 15001 through 15030 inclusive. (g) The following provisions also apply to Ali Bahrami, this AD: Subject (1) Alternative Methods of Compliance Manager, Transport Airplane Directorate, Aircraft Certification Service. (d) Air Transport Association (ATA) of (AMOCs): The Manager, Airframe and America Code 24: Electrical Power. Propulsion Branch, ANE–171, New York [FR Doc. E9–3364 Filed 2–25–09; 8:45 am] Aircraft Certification Office, FAA, has the BILLING CODE 4910–13–P Reason authority to approve AMOCs for this AD, if (e) The mandatory continuing requested using the procedures found in 14 airworthiness information (MCAI) states: CFR 39.19. Send information to ATTN: Rocco DEPARTMENT OF TRANSPORTATION Bombardier Aerospace has completed a Viselli, Aerospace Engineer, Airframe and system safety review of the CL–600–2C10/ Propulsion Branch, ANE–171, FAA, New Federal Aviation Administration CL–600–2D24 aircraft fuel system against the York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New new fuel tank safety standards, introduced in 14 CFR Part 39 Chapter 525 of the Airworthiness Manual York 11590; telephone (516) 228–7331; fax through Notice of Proposed Amendment (516) 794–5531. Before using any approved [Docket No. FAA–2008–0150; Directorate (NPA) 2002–043. The identified non- AMOC on any airplane to which the AMOC Identifier 2007–NM–325–AD; Amendment compliances were assessed using Transport applies, notify your appropriate principal 39–15818; AD 2009–04–12] Canada Policy Letter No. 525–001 to inspector (PI) in the FAA Flight Standards determine if mandatory corrective action was District Office (FSDO), or lacking a PI, your RIN 2120–AA64 required. local FSDO. The assessment showed that a single (2) Airworthy Product: For any Airworthiness Directives; Boeing failure due to chafing of fuel system wiring requirement in this AD to obtain corrective Model 767–200, –300, and –400ER with high power wiring at the centre fuel actions from a manufacturer or other source, Series Airplanes tank front spar could result in overheating of use these actions if they are FAA-approved. the fuel boost pump. The assessment also Corrective actions are considered FAA- AGENCY: Federal Aviation showed that chafing of the high power wiring approved if they are approved by the State Administration (FAA), Department of with the centre fuel tank front spar structures of Design Authority (or their delegated Transportation (DOT). could result in overheating of the fuel tank agent). You are required to assure the product ACTION: Final rule. wall. Overheating of the fuel boost pump or is airworthy before it is returned to service. the fuel tank wall could lead to hot surface (3) Reporting Requirements: For any SUMMARY: The FAA is superseding an ignition resulting in a fuel tank explosion. reporting requirement in this AD, under the existing airworthiness directive (AD),
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which applies to certain Boeing Model 1601 Lind Avenue, SW., Renton, We are issuing this rulemaking under 767 series airplanes. That AD currently Washington 98057–3356; telephone the authority described in Subtitle VII, requires a one-time inspection for (425) 917–6435; fax (425) 917–6590. Part A, Subpart III, Section 44701, missing, damaged, or incorrectly SUPPLEMENTARY INFORMATION: ‘‘General requirements.’’ Under that installed parts in the separation link section, Congress charges the FAA with assembly on the deployment bar of the Discussion promoting safe flight of civil aircraft in emergency escape system on the entry The FAA issued a supplemental air commerce by prescribing regulations or service door, and installation of new notice of proposed rulemaking (NPRM) for practices, methods, and procedures parts if necessary. This new AD requires to amend 14 CFR part 39 to include an the Administrator finds necessary for replacing the separation link assembly AD that supersedes AD 2001–26–19, safety in air commerce. This regulation on the applicable entry and service amendment 39–12585 (67 FR 265, is within the scope of that authority doors with an improved separation link January 3, 2002). The existing AD because it addresses an unsafe condition assembly, and doing related applies to certain Boeing Model 767 that is likely to exist or develop on investigative and corrective actions if series airplanes. That supplemental products identified in this rulemaking necessary; and inspecting for NPRM was published in the Federal action. discrepancies of the unloaded spring Register on September 23, 2008 (73 FR Regulatory Findings dimensions in the separation link 54747). That supplemental NPRM assembly, and doing corrective actions proposed to require replacing the We have determined that this AD will if necessary. This AD also removes separation link assembly on the not have federalism implications under certain airplanes from the applicability. applicable entry and service doors with Executive Order 13132. This AD will This AD results from reports that entry an improved separation link assembly, not have a substantial direct effect on and service doors did not open fully and doing related investigative and the States, on the relationship between during deployment of emergency escape corrective actions if necessary; and the national government and the States, slides, and additional reports of missing inspecting for discrepancies of the or on the distribution of power and snap rings. We are issuing this AD to unloaded spring dimensions in the responsibilities among the various prevent failure of an entry or service separation link assembly, and doing levels of government. door to open fully in the event of an corrective actions if necessary. That For the reasons discussed above, I emergency evacuation, which could supplemental NPRM also proposed to certify that this AD: impede exit from the airplane. This remove certain airplanes from the (1) Is not a ‘‘significant regulatory condition could result in injury to applicability. action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under passengers or crewmembers. Comments DATES: This AD becomes effective April DOT Regulatory Policies and Procedures 2, 2009. We provided the public the (44 FR 11034, February 26, 1979); and The Director of the Federal Register opportunity to participate in the (3) Will not have a significant approved the incorporation by reference development of this AD. No comments economic impact, positive or negative, of certain publications listed in the AD have been received on the supplemental on a substantial number of small entities as of April 2, 2009. NPRM or on the determination of the under the criteria of the Regulatory cost to the public. Flexibility Act. ADDRESSES: For service information We prepared a regulatory evaluation identified in this AD, contact Boeing Conclusion of the estimated costs to comply with Commercial Airplanes, P.O. Box 3707, We have carefully reviewed the this AD and placed it in the AD docket. Seattle, Washington 98124–2207; available data and determined that air See the ADDRESSES section for a location telephone 206–544–9990; fax 206–766– safety and the public interest require to examine the regulatory evaluation. 5682; e-mail [email protected]; adopting the AD as proposed in the Internet https:// supplemental NPRM. List of Subjects in 14 CFR Part 39 www.myboeingfleet.com. Air transportation, Aircraft, Aviation Costs of Compliance Examining the AD Docket safety, Incorporation by reference, There are about 1,225 airplanes of the Safety. You may examine the AD docket on affected design in the worldwide fleet. the Internet at http:// This AD affects about 355 airplanes of Adoption of the Amendment www.regulations.gov; or in person at the U.S. registry. The new actions take up ■ Accordingly, under the authority Docket Management Facility between 9 to about 6 work hours per airplane, at delegated to me by the Administrator, a.m. and 5 p.m., Monday through an average labor rate of $80 per work the FAA amends 14 CFR part 39 as Friday, except Federal holidays. The AD hour. Required parts cost up to about follows: docket contains this AD, the regulatory $10,671 per airplane. Based on these evaluation, any comments received, and figures, the estimated cost of the new PART 39—AIRWORTHINESS other information. The address for the actions specified in this AD for U.S. DIRECTIVES Docket Office (telephone 800–647–5527) operators is $3,958,605, or $11,151 per ■ is the Document Management Facility, airplane. 1. The authority citation for part 39 U.S. Department of Transportation, continues to read as follows: Docket Operations, M–30, West Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Building Ground Floor, Room W12–140, Title 49 of the United States Code 1200 New Jersey Avenue, SE., specifies the FAA’s authority to issue § 39.13 [Amended] Washington, DC 20590. rules on aviation safety. Subtitle I, ■ 2. The Federal Aviation FOR FURTHER INFORMATION CONTACT: Section 106, describes the authority of Administration (FAA) amends § 39.13 Keith Ladderud, Aerospace Engineer, the FAA Administrator. Subtitle VII, by removing amendment 39–12585 (67 Cabin Safety and Environmental Aviation Programs, describes in more FR 265, January 3, 2002) and by adding Systems Branch, ANM–150S, FAA, detail the scope of the Agency’s the following new airworthiness Seattle Aircraft Certification Office, authority. directive (AD):
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2009–04–12 Boeing: Amendment 39–15818. Material Incorporated by Reference indications of ‘‘oil cans’’ and previous Docket No. FAA–2008–0150; Directorate (h) You must use Boeing Special Attention oil can repairs, and corrective actions if Identifier 2007–NM–325–AD. Service Bulletin 767–25–0428, dated August necessary. An oil can is an area on a Effective Date 23, 2007; or Boeing Special Attention Service pressure dome web that moves when Bulletin 767–25–0428, Revision 1, dated May pushed from the forward side. This new (a) This AD becomes effective April 2, 8, 2008; as applicable; to do the actions 2009. AD requires a reduced compliance time required by this AD, unless the AD specifies for the initial detailed inspection and Affected ADs otherwise. (1) The Director of the Federal Register revises the applicability. This AD (b) This AD supersedes AD 2001–26–19. approved the incorporation by reference of results from a report that cracks in oil- Applicability this service information under 5 U.S.C. canned areas were found during an 552(a) and 1 CFR part 51. inspection of the aft pressure bulkhead. (c) This AD applies to Boeing Model 767– (2) For service information identified in We are issuing this AD to detect and 200, –300, and –400ER series airplanes, this AD, contact Boeing Commercial correct the propagation of fatigue cracks certificated in any category, as identified in Airplanes, P.O. Box 3707, Seattle, Boeing Special Attention Service Bulletin in the vicinity of oil cans on the web of Washington 98124–2207; telephone 206– the aft pressure bulkhead, which could 767–25–0428, dated August 23, 2007. 544–9990; fax 206–766–5682; e-mail result in rapid decompression of the Unsafe Condition [email protected]; Internet https:// www.myboeingfleet.com. airplane and overpressurization of the (d) This AD results from reports that entry (3) You may review copies of the service tail section, and consequent loss of and service doors did not open fully during information that is incorporated by reference control of the airplane. deployment of emergency escape slides, and at the FAA, Transport Airplane Directorate, additional reports of missing snap rings. We 1601 Lind Avenue, SW., Renton, DATES: This AD becomes effective April are issuing this AD to prevent failure of an Washington. For information on the 2, 2009. entry or service door to open fully in the availability of this material at the FAA, call The Director of the Federal Register event of an emergency evacuation, which 425–227–1221 or 425–227–1152. could impede exit from the airplane. This approved the incorporation by reference (4) You may also review copies of the of a certain publication listed in the AD condition could result in injury to passengers service information at the National Archives or crewmembers. and Records Administration (NARA). For as of April 2, 2009. Compliance information on the availability of this On September 13, 2004 (69 FR 48133, material at NARA, call 202–741–6030, or go August 9, 2004), the Director of the (e) You are responsible for having the to: http://www.archives.gov/federal_register/ Federal Register approved the actions required by this AD performed within _ _ _ code of federal regulations/ incorporation by reference of a certain the compliance times specified, unless the ibr_locations.html. actions have already been done. other publication. Issued in Renton, Washington, on January Replacement 22, 2009. ADDRESSES: For service information identified in this AD, contact Boeing (f) Within 48 months after the effective Ali Bahrami, Commercial Airplanes, Attention: Data date of this AD, replace the separation link Manager, Transport Airplane Directorate, assembly on the deployment bar of the Aircraft Certification Service. & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124– emergency escape system on all the [FR Doc. E9–3263 Filed 2–25–09; 8:45 am] applicable entry and service doors with an 2207; telephone 206–544–5000, BILLING CODE 4910–13–P improved separation link assembly, and do extension 1; fax 206–766–5680; e-mail all the applicable related investigative and [email protected]; Internet corrective actions before further flight, by DEPARTMENT OF TRANSPORTATION https://www.myboeingfleet.com. accomplishing all of the applicable actions Examining the AD Docket specified in the Accomplishment Federal Aviation Administration Instructions of Boeing Special Attention Service Bulletin 767–25–0428, dated August You may examine the AD docket on 23, 2007; or Revision 1, dated May 8, 2008. 14 CFR Part 39 the Internet at http:// After the effective date of this AD only [Docket No. FAA–2008–0731; Directorate www.regulations.gov; or in person at the Boeing Special Attention Service Bulletin Identifier 2008–NM–058–AD; Amendment Docket Management Facility between 9 767–25–0428, Revision 1, may be used. 39–15812; AD 2009–04–06] a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD Alternative Methods of Compliance RIN 2120–AA64 (AMOCs) docket contains this AD, the regulatory evaluation, any comments received, and (g)(1) The Manager, Seattle Aircraft Airworthiness Directives; Boeing other information. The address for the Certification Office (ACO), FAA, ATTN: Model 747–100, 747–100B, 747–100B Docket Office (telephone 800–647–5527) Keith Ladderud, Aerospace Engineer, Cabin SUD, 747–200B, 747–200C, 747–200F, is the Document Management Facility, Safety and Environmental Systems Branch, 747–300, 747–400, 747–400D, 747– U.S. Department of Transportation, ANM–150S, FAA, Seattle ACO, 1601 Lind 400F, 747SR, and 747SP Series Docket Operations, M–30, West Avenue, SW., Renton, Washington 98057– Airplanes 3356; telephone (425) 917–6435; fax (425) Building Ground Floor, Room W12–140, 917–6590; has the authority to approve AGENCY: Federal Aviation 1200 New Jersey Avenue SE., AMOCs for this AD, if requested using the Administration (FAA), Department of Washington, DC 20590. procedures found in 14 CFR 39.19. Transportation (DOT). (2) To request a different method of FOR FURTHER INFORMATION CONTACT: Ivan compliance or a different compliance time ACTION: Final rule. Li, Aerospace Engineer, Airframe for this AD, follow the procedures in 14 CFR Branch, ANM–120S, FAA, Seattle SUMMARY: The FAA is superseding an 39.19. Before using any approved AMOC on Aircraft Certification Office, 1601 Lind existing airworthiness directive (AD), any airplane to which the AMOC applies, Avenue SW., Renton, Washington which applies to all Boeing Model 747 notify your appropriate principal inspector 98057–3356; telephone (425) 917–6437; series airplanes. That AD currently (PI) in the FAA Flight Standards District fax (425) 917–6590. Office (FSDO), or lacking a PI, your local requires repetitive detailed inspections FSDO. of the aft pressure bulkhead for SUPPLEMENTARY INFORMATION:
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Discussion determined that these changes will this AD and placed it in the AD docket. The FAA issued a notice of proposed neither increase the economic burden See the ADDRESSES section for a location rulemaking (NPRM) to amend 14 CFR on any operator nor increase the scope to examine the regulatory evaluation. of the AD. part 39 to include an AD that List of Subjects in 14 CFR Part 39 supersedes AD 2004–16–09, amendment Costs of Compliance 39–13765 (69 FR 48133, August 9, Air transportation, Aircraft, Aviation 2004). The existing AD applies to all There are about 917 airplanes of the safety, Incorporation by reference, Boeing Model 747 series airplanes. That affected design in the worldwide fleet. Safety. This AD affects about 165 airplanes of NPRM was published in the Federal Adoption of the Amendment Register on July 2, 2008 (73 FR 37900). U.S. registry. ■ That NPRM proposed to require a The actions that are required by AD Accordingly, under the authority reduced initial threshold for repetitive 2004–16–09 and retained in this AD delegated to me by the Administrator, detailed inspections of the aft pressure take about 2 work hours per airplane, at the FAA amends 14 CFR part 39 as bulkhead for indications of ‘‘oil cans’’ an average labor rate of $80 per work follows: and previous oil can repairs, and hour. Based on these figures, the PART 39—AIRWORTHINESS corrective actions if necessary. estimated cost of the currently required actions to the U.S. operators is $26,400, DIRECTIVES Comments or $160 per airplane, per inspection ■ 1. The authority citation for part 39 cycle. We provided the public the continues to read as follows: opportunity to participate in the Authority for This Rulemaking development of this AD. We have Authority: 49 U.S.C. 106(g), 40113, 44701. Title 49 of the United States Code considered the comments that have § 39.13 [Amended] specifies the FAA’s authority to issue been received on the NPRM. Two ■ commenters, the Air Line Pilots rules on aviation safety. Subtitle I, 2. The Federal Aviation Association, International (ALPA), and Section 106, describes the authority of Administration (FAA) amends § 39.13 Northwest Airlines, support the NPRM. the FAA Administrator. Subtitle VII, by removing amendment 39–13765 (69 Aviation Programs, describes in more FR 48133, August 9, 2004) and by Request to Remove Certain Airplanes detail the scope of the Agency’s adding the following new airworthiness From Applicability Section authority. directive (AD): Boeing requests that we remove We are issuing this rulemaking under 2009–04–06 Boeing: Amendment 39–15812. Model 747–400 airplanes with the the authority described in Subtitle VII, Docket No. FAA–2008–0731; Directorate following variable numbers from Part A, Subpart III, Section 44701, Identifier 2008–NM–058–AD. paragraph (c) of this proposed AD: ‘‘General requirements.’’ Under that Effective Date RT631, RT632, RT743, and RT876. section, Congress charges the FAA with promoting safe flight of civil aircraft in (a) This AD becomes effective April 2, Those airplanes have been or are being 2009. converted to a 747–400 LCF (large cargo air commerce by prescribing regulations freighter) configuration. The aft pressure for practices, methods, and procedures Affected ADs bulkhead is removed from these the Administrator finds necessary for (b) This AD supersedes AD 2004–16–09. safety in air commerce. This regulation airplanes; therefore, the proposed AD Applicability would not apply to those airplanes. is within the scope of that authority We agree that airplanes that have been because it addresses an unsafe condition (c) This AD applies to Boeing Model 747– converted to a Model 747–400 LCF that is likely to exist or develop on 100, 747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, 747–300, 747–400, configuration no longer have an aft products identified in this rulemaking 747–400D, 747–400F, 747SR, and 747SP pressure bulkhead to inspect. We have action. series airplanes, certificated in any category, revised the applicability section of this Regulatory Findings except those that have been converted to a AD to exclude airplanes that have been Model 747–400 LCF configuration. converted. We have not excluded We have determined that this AD will Unsafe Condition specific variable numbers as suggested not have federalism implications under by Boeing since more airplanes might be Executive Order 13132. This AD will (d) This AD results from a report that converted to the Model 747–400 LCF not have a substantial direct effect on cracks in oil-canned areas were found during an inspection of the aft pressure bulkhead. configuration in the future. the States, on the relationship between the national government and the States, We are issuing this AD to detect and correct the propagation of fatigue cracks in the Explanation of Change to Paragraph (f) or on the distribution of power and of This AD vicinity of oil cans on the web of the aft responsibilities among the various pressure bulkhead, which could result in We have removed the ‘‘Service levels of government. rapid decompression of the airplane and Bulletin Reference’’ paragraph from this For the reasons discussed above, I overpressurization of the tail section, and AD. (That paragraph was identified as certify that this AD: consequent loss of control of the airplane. (1) Is not a ‘‘significant regulatory paragraph (f) in the NPRM.) Instead, we Compliance have spelled out the service bulletin action’’ under Executive Order 12866; citations throughout this AD. We also (2) Is not a ‘‘significant rule’’ under (e) You are responsible for having the DOT Regulatory Policies and Procedures actions required by this AD performed within re-identified the subsequent paragraphs. the compliance times specified, unless the (44 FR 11034, February 26, 1979); and actions have already been done. Conclusion (3) Will not have a significant We have carefully reviewed the economic impact, positive or negative, Note 1: This AD refers to certain portions of Boeing Alert Service Bulletin 747– available data, including the comments on a substantial number of small entities 53A2482, dated October 3, 2002; and Boeing that have been received, and determined under the criteria of the Regulatory Alert Service Bulletin 747–53A2482, that air safety and the public interest Flexibility Act. Revision 1, dated February 21, 2008; for require adopting the AD with the We prepared a regulatory evaluation inspections and repair information. In changes described previously. We have of the estimated costs to comply with addition, this AD specifies requirements
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beyond those included in Boeing Alert thereafter at intervals not to exceed 1,000 53A2482, Revision 1, dated February 21, Service Bulletin 747–53A2482, dated October flight cycles. As an option, repair the oil can 2008; specifies to contact Boeing for 3, 2002; and Boeing Alert Service Bulletin in accordance with paragraph (i)(2) of this appropriate action: Before further flight, 747–53A2482, Revision 1, dated February 21, AD. repair per a method approved by the 2008. Where the AD and Boeing Alert Service (2) For the oil can that does not meet the Manager, Seattle Aircraft Certification Office Bulletin 747–53A2482, dated October 3, allowable limits specified in Boeing Alert (ACO), FAA; or per data meeting the type 2002; and Boeing Alert Service Bulletin 747– Service Bulletin 747–53A2482, dated October certification basis of the airplane approved 53A2482, Revision 1, dated February 21, 3, 2002; or Boeing Alert Service Bulletin by a Boeing Company Designated 2008; differ, the AD prevails. 747–53A2482, Revision 1, dated February 21, Engineering Representative who has been 2008: Before further flight, repair the oil can authorized by the Manager, Seattle ACO, to Requirements of AD 2004–16–09, With in accordance with the Accomplishment make such findings; or using a method Reduced Threshold Instructions of Boeing Alert Service Bulletin approved in accordance with the procedures specified in paragraph (m) of this AD. For a Initial and Repetitive Inspections 747–53A2482, dated October 3, 2002; or Boeing Alert Service Bulletin 747–53A2482, repair method to be approved, the approval (f) At the earlier of the times specified in Revision 1, dated February 21, 2008. After must specifically reference this AD. paragraphs (f)(1) and (f)(2) of this AD, the effective date of this AD, Revision 1 must perform a detailed inspection of the aft New Requirements of This AD be used. If the repair eliminates the oil can, pressure bulkhead for indications of oil cans accomplishment of this repair constitutes (l) As of the effective date of this AD, if any and previous oil can repairs, in accordance terminating action for the repetitive eddy crack or damage is found during any with the Accomplishment Instructions of current inspection requirements of paragraph inspection required by this AD, and Boeing Boeing Alert Service Bulletin 747–53A2482, (i)(1) of this AD for that location only. Alert Service Bulletin 747–53A2482, dated October 3, 2002; or Boeing Alert However, the repetitive detailed inspection Revision 1, dated February 21, 2008, Service Bulletin 747–53A2482, Revision 1, required by paragraph (g) of this AD is still specifies to contact Boeing for appropriate dated February 21, 2008. After the effective action (repair data): Before further flight, required. If any oil can remains after the date of this AD, Revision 1 must be used. repair the crack or damage using a method repair, repeat the eddy current inspection (1) Prior to the accumulation of 30,000 approved in accordance with the procedures specified in paragraph (h) of this AD total flight cycles, or within 1,000 flight specified in paragraph (m) of this AD. cycles after September 13, 2004 (the effective thereafter at intervals not to exceed 1,000 date of AD 2004–16–09), whichever is later. flight cycles. Alternative Methods of Compliance (AMOCs) (2) Prior to the accumulation of 20,000 Indication of Previous Oil Can Repairs (m)(1) The Manager, Seattle Aircraft total flight cycles, or within 1,000 flight (j) If any previous oil can repair is found Certification Office (ACO), FAA, ATTN: Ivan cycles after the effective date of this AD, during the detailed inspection required by Li, Aerospace Engineer, Airframe Branch, whichever occurs later. paragraph (f) or (g) of this AD, before further ANM–120S, FAA, Seattle ACO, 1601 Lind Note 2: For the purposes of this AD, a flight, do a detailed inspection of the web for Avenue SW., Renton, Washington 98057– detailed inspection is ‘‘an intensive cracks and oil cans, as shown in Figure 4 or examination of a specific item, installation, 3356; telephone (425) 917–6437; fax (425) Figure 5, as applicable, of the 917–6590, has the authority to approve or assembly to detect damage, failure, or Accomplishment Instructions of Boeing Alert irregularity. Available lighting is normally AMOCs for this AD, if requested using the Service Bulletin 747–53A2482, dated October procedures found in 14 CFR 39.19. supplemented with a direct source of good 3, 2002; or Boeing Alert Service Bulletin lighting at an intensity deemed appropriate. (2) To request a different method of 747–53A2482, Revision 1, dated February 21, compliance or a different compliance time Inspection aids such as mirrors, magnifying 2008. After the effective date of this AD, lenses, etc. may be necessary. Surface for this AD, follow the procedures in 14 CFR Revision 1 must be used. 39.19. Before using any approved AMOC on cleaning and elaborate procedures may be (1) If no crack and no oil can are found, required.’’ any airplane to which the AMOC applies, repeat the detailed inspection in accordance notify your appropriate principal inspector (g) If no indication of an oil can is found with paragraph (f) of this AD. (PI) in the FAA Flight Standards District and no indication of a previous oil can repair (2) If any oil can is found, before further Office (FSDO), or lacking a PI, your local is found during the detailed inspection flight, do the eddy current inspection for FSDO. required by paragraph (f) of this AD, repeat cracks, as shown in Figure 3 of Boeing Alert (3) An AMOC that provides an acceptable the detailed inspection thereafter at intervals Service Bulletin 747–53A2482, dated October level of safety may be used for any repair not to exceed 2,000 flight cycles. 3, 2002; or Boeing Alert Service Bulletin required by this AD, if it is approved by an 747–53A2482, Revision 1, dated February 21, Indication of Oil Can Authorized Representative for the Boeing 2008. After the effective date of this AD, Commercial Airplanes Delegation Option (h) If any indication of an oil can is found Revision 1 must be used. If no crack is found Authorization Organization who has been during the detailed inspection required by during the eddy current inspection required authorized by the Manager, Seattle ACO, to paragraph (f) or (g) of this AD, before further by this paragraph, do the actions specified in make those findings. For a repair method to flight, perform an eddy current inspection of paragraph (i)(1) or (i)(2) of this AD, as be approved, the repair must meet the the web around the periphery of the oil can applicable, at the time specified in the certification basis of the airplane. indication for cracks, as shown in Figure 3 applicable paragraph. (4) AMOCs approved previously in of the Accomplishment Instructions of Repair of Cracks accordance with AD 2004–16–09 are not Boeing Alert Service Bulletin 747–53A2482, approved as AMOCs for the corresponding dated October 3, 2002; or Boeing Alert (k) If any crack is found during any provisions of paragraph (f) of this AD. They Service Bulletin 747–53A2482, Revision 1, inspection required by this AD, before further are approved as AMOCs for the dated February 21, 2008. After the effective flight, repair in accordance with the corresponding provisions of paragraphs (g), date of this AD, Revision 1 must be used. Accomplishment Instructions of Boeing Alert (h), (i), (j), (k), and (l) of this AD. (i) If no crack is found during the eddy Service Bulletin 747–53A2482, dated October current inspection required by paragraph (i) 3, 2002; or Boeing Alert Service Bulletin Material Incorporated by Reference of this AD, do the actions specified in 747–53A2482, Revision 1, dated February 21, (n) You must use Boeing Alert Service paragraph (i)(1) or (i)(2) of this AD, as 2008. After the effective date of this AD, Bulletin 747–53A2482, dated October 3, applicable. Revision 1 must be used. If any crack or 2002; or Boeing Alert Service Bulletin 747– (1) For the oil can that meets the allowable damage exceeds limits specified in Boeing 53A2482, Revision 1, dated February 21, limits specified in Boeing Alert Service Alert Service Bulletin 747–53A2482, dated 2008; as applicable; to perform the actions Bulletin 747–53A2482, dated October 3, October 3, 2002; or Boeing Alert Service that are required by this AD, unless the AD 2002; or Boeing Alert Service Bulletin 747– Bulletin 747–53A2482, Revision 1, dated specifies otherwise. 53A2482, Revision 1, dated February 21, February 21, 2008; and Boeing Alert Service (1) The Director of the Federal Register 2008: Repeat the eddy current inspection Bulletin 747–53A2482, dated October 3, approved the incorporation by reference of specified in paragraph (h) of this AD 2002; or Boeing Alert Service Bulletin 747– Boeing Alert Service Bulletin 747–53A2482,
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Revision 1, dated February 21, 2008, in LH [left-hand] and RH [right-hand] Main aileron pulleys to the leaked moisture in accordance with 5 U.S.C. 552(a) and 1 CFR Landing Gear (MLG) wheel bays on the freezing condition can result in restricted part 51. centre wing rear spar, under the wing to aileron control movement (partly jammed) (2) On September 13, 2004 (69 FR 48133, fuselage fairings. Investigation revealed that and/or higher control forces. This condition, August 9, 2004), the Director of the Federal improper sealing of the aerodynamic seals of if not corrected, could lead to partial loss of Register approved the incorporation by the Wing-to-Fuselage Fairings can cause rain- control of the aircraft. To address this unsafe reference of Boeing Alert Service Bulletin or washwater and de-icing fluids to leak onto condition, Fokker Services originally 747–53A2482, dated October 3, 2002. the affected aileron pulleys. Exposure of the introduced SBF100–53–101 which was made (3) Contact Boeing Commercial Airplanes, aileron pulleys to the leaked moisture in mandatory through CAA Netherlands (CAA– Attention: Data & Services Management, P.O. freezing condition can result in restricted NL) AD NL–2005–013 [which corresponds to Box 3707, MC 2H–65, Seattle, Washington aileron control movement (partly jammed) FAA AD 2008–04–22] with a compliance 98124–2207; telephone 206–544–5000, and/or higher control forces. This condition, time of 12 months after November 1, 2005. extension 1; fax 206–766–5680; e-mail if not corrected, could lead to partial loss of Following this, new reports of problems [email protected]; Internet control of the aircraft. * * * due to freezing moisture in the same area have been received. This has prompted https://www.myboeingfleet.com; for a copy of * * * * * this service information. Fokker Services to publish SBF100–53–107, We are issuing this AD to require which introduces an additional one-time (4) You may review copies of the service actions to correct the unsafe condition information at the FAA, Transport Airplane inspection [for deviations] of the Directorate, 1601 Lind Avenue SW., Renton, on these products. aerodynamic seals of the Wing-to-Fuselage Washington. For information on the DATES: This AD becomes effective April Fairings and the application of an improved sealing of the aerodynamic seal by means of availability of this material at the FAA, call 2, 2009. a fillet seam between the upper left and right 425–227–1221 or 425–227–1152. The Director of the Federal Register fairings and the fuselage skin. (5) You may also review copies of the approved the incorporation by reference For the reasons described above, this EASA service information that is incorporated by of a certain publication listed in this AD AD supersedes CAA–NL AD NL–2005–013 reference at the National Archives and as of April 2, 2009. and requires an additional one-time Records Administration (NARA). For The Director of the Federal Register inspection [for deviations] and application of information on the availability of this approved the incorporation by reference improved sealing. material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/ of a certain other publication listed in This action retains the inspection in AD code_oflowbar;federal_regulations/ this AD as of April 3, 2008 (73 FR 2008–04–22. Doing the additional ibr_locations.html. 10650, February 28, 2008). inspection terminates the requirement ADDRESSES: Issued in Renton, Washington, on January You may examine the AD to do the inspection required by the 29, 2009. docket on the Internet at http:// existing AD. The additional inspection Stephen P. Boyd, www.regulations.gov or in person at the for deviations includes inspecting for fit U.S. Department of Transportation, Assistant Manager, Transport Airplane between the left-hand and right-hand Directorate, Aircraft Certification Service. Docket Operations, M–30, West wing-to-fuselage fairings and the Building Ground Floor, Room W12–140, [FR Doc. E9–3272 Filed 2–25–09; 8:45 am] fuselage skin; inspecting for damage to 1200 New Jersey Avenue SE., the aerodynamic seal on the fairings; BILLING CODE 4910–13–P Washington, DC. inspecting for fit of the aerodynamic FOR FURTHER INFORMATION CONTACT: Tom seal to the fuselage; and doing related DEPARTMENT OF TRANSPORTATION Rodriguez, Aerospace Engineer, investigative and corrective actions if International Branch, ANM–116, necessary. The related investigative Federal Aviation Administration Transport Airplane Directorate, FAA, actions include inspecting the 1601 Lind Avenue SW., Renton, aerodynamic seal for damage (including 14 CFR Part 39 Washington 98057–3356; telephone wear); inspecting the abrasion resistant (425) 227–1137; fax (425) 227–1149. coating for damage (including wear); [Docket No. FAA–2008–1119; Directorate SUPPLEMENTARY INFORMATION: and re-inspecting for fit. The corrective Identifier 2008–NM–112–AD; Amendment actions include installing a new seal, 39–15800; AD 2009–02–10] Discussion restoring the protective coating, RIN 2120–AA64 We issued a notice of proposed correcting the position of the fairing, rulemaking (NPRM) to amend 14 CFR and sealing the gaps between the Airworthiness Directives; Fokker F.28 part 39 to include an AD that would fairings and the surrounding structure. Mark 0070 and 0100 Airplanes apply to the specified products. That You may obtain further information by AGENCY: Federal Aviation NPRM was published in the Federal examining the MCAI in the AD docket. Administration (FAA), Department of Register on October 30, 2008 (73 FR Comments Transportation (DOT). 64571) and proposed to supersede AD 2008–04–22, Amendment 39–15394 (73 We gave the public the opportunity to ACTION: Final rule. FR 10650, February 28, 2008). That participate in developing this AD. We received no comments on the NPRM or SUMMARY: We are superseding an NPRM proposed to correct an unsafe on the determination of the cost to the existing airworthiness directive (AD) for condition for the specified products. public. the products listed above. This AD The MCAI states: results from mandatory continuing Several reports have been received about Conclusion airworthiness information (MCAI) roll control problems due to frozen moisture We reviewed the available data and originated by an aviation authority of on the aileron pulleys that are located in the determined that air safety and the another country to identify and correct LH [left-hand] and RH [right-hand] Main Landing Gear (MLG) wheel bays on the public interest require adopting the AD an unsafe condition on an aviation as proposed. product. The MCAI describes the unsafe centre wing rear spar, under the wing to fuselage fairings. Investigation revealed that condition as: Differences Between This AD and the improper sealing of the aerodynamic seals of MCAI or Service Information Several reports have been received about the Wing-to-Fuselage Fairings can cause rain- roll control problems due to frozen moisture or washwater and de-icing fluids to leak onto We have reviewed the MCAI and on the aileron pulleys that are located in the the affected aileron pulleys. Exposure of the related service information and, in
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general, agree with their substance. But 3. Will not have a significant Several reports have been received about we might have found it necessary to use economic impact, positive or negative, roll control problems due to frozen moisture different words from those in the MCAI on a substantial number of small entities on the aileron pulleys that are located in the LH [left-hand] and RH [right-hand] Main to ensure the AD is clear for U.S. under the criteria of the Regulatory Landing Gear (MLG) wheel bays on the operators and is enforceable. In making Flexibility Act. centre wing rear spar, under the wing to these changes, we do not intend to differ We prepared a regulatory evaluation fuselage fairings. Investigation revealed that substantively from the information of the estimated costs to comply with improper sealing of the aerodynamic seals of provided in the MCAI and related this AD and placed it in the AD docket. the Wing-to-Fuselage Fairings can cause rain- or washwater and de-icing fluids to leak onto service information. Examining the AD Docket We might also have required different the affected aileron pulleys. Exposure of the You may examine the AD docket on aileron pulleys to the leaked moisture in actions in this AD from those in the freezing condition can result in restricted MCAI in order to follow our FAA the Internet at http:// www.regulations.gov; or in person at the aileron control movement (partly jammed) policies. Any such differences are and/or higher control forces. This condition, highlighted in a Note within the AD. Docket Operations office between 9 a.m. if not corrected, could lead to partial loss of and 5 p.m., Monday through Friday, control of the aircraft. To address this unsafe Costs of Compliance except Federal holidays. The AD docket condition, Fokker Services originally We estimate that this AD will affect contains the NPRM, the regulatory introduced SBF100–53–101 which was made about 7 products of U.S. registry. We evaluation, any comments received, and mandatory through CAA Netherlands (CAA– NL) AD NL–2005–013 [which corresponds to also estimate that it will take about 3 other information. The street address for the Docket Operations office (telephone FAA AD 2008–04–22] with a compliance work-hours per product to comply with time of 12 months after November 1, 2005. ADDRESSES the basic requirements of this AD. The (800) 647–5527) is in the Following this, new reports of problems average labor rate is $80 per work-hour. section. Comments will be available in due to freezing moisture in the same area Based on these figures, we estimate the the AD docket shortly after receipt. have been received. This has prompted cost of this AD to the U.S. operators to List of Subjects in 14 CFR Part 39 Fokker Services to publish SBF100–53–107, be $1,680, or $240 per product. which introduces an additional one-time Air transportation, Aircraft, Aviation inspection [for deviations] of the Authority for This Rulemaking safety, Incorporation by reference, aerodynamic seals of the Wing-to-Fuselage Safety. Fairings and the application of an improved Title 49 of the United States Code sealing of the aerodynamic seal by means of specifies the FAA’s authority to issue Adoption of the Amendment a fillet seam between the upper left and right rules on aviation safety. Subtitle I, fairings and the fuselage skin. ■ Accordingly, under the authority section 106, describes the authority of For the reasons described above, this EASA delegated to me by the Administrator, the FAA Administrator. ‘‘Subtitle VII: AD supersedes CAA–NL AD NL–2005–013 the FAA amends 14 CFR part 39 as Aviation Programs,’’ describes in more and requires an additional one-time follows: detail the scope of the Agency’s inspection [for deviations] and application of improved sealing. authority. PART 39—AIRWORTHINESS This action retains the inspection in AD We are issuing this rulemaking under DIRECTIVES 2008–04–22. Doing the additional inspection the authority described in ‘‘Subtitle VII, terminates the requirement to do the Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 inspection required by the existing AD. The General requirements.’’ Under that continues to read as follows: additional inspection for deviations includes section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. inspecting for fit between the left-hand and promoting safe flight of civil aircraft in right-hand wing-to-fuselage fairings and the fuselage skin; inspecting for damage to the air commerce by prescribing regulations § 39.13 [Amended] ■ aerodynamic seal on the fairings; inspecting for practices, methods, and procedures 2. The FAA amends § 39.13 by for fit of the aerodynamic seal to the fuselage; the Administrator finds necessary for removing Amendment 39–15394 (73 FR and doing related investigative and corrective safety in air commerce. This regulation 10650, February 28, 2008) and adding actions if necessary. The related investigative is within the scope of that authority the following new AD: actions include inspecting the aerodynamic because it addresses an unsafe condition 2009–02–10 Fokker Services B.V.: seal for damage (including wear); inspecting that is likely to exist or develop on Amendment 39–15800. Docket No. the abrasion resistant coating for damage products identified in this rulemaking FAA–2008–1119; Directorate Identifier (including wear); and re-inspecting for fit. 2008–NM–112–AD. The corrective actions include installing a action. new seal, restoring the protective coating, Regulatory Findings Effective Date correcting the position of the fairing, and (a) This airworthiness directive (AD) sealing the gaps between the fairings and the We determined that this AD will not becomes effective April 2, 2009. surrounding structure. have federalism implications under Affected ADs Restatement of Certain Requirements of AD Executive Order 13132. This AD will 2008–04–22 not have a substantial direct effect on (b) This AD supersedes AD 2008–04–22, the States, on the relationship between Amendment 39–15394. (f) Unless already done: Within 12 months after April 3, 2008 (the effective date of AD the national government and the States, Applicability 2008–04–22), inspect the wing-to-fuselage or on the distribution of power and (c) This AD applies to Fokker Model F.28 fairings for indications of incorrect fit, responsibilities among the various Mark 0070 and 0100 airplanes, certificated in damage, or wear, in accordance with the levels of government. any category. Accomplishment Instructions of Fokker For the reasons discussed above, I Service Bulletin SBF100–53–101, dated certify this AD: Subject September 30, 2005 (‘‘the service bulletin’’). 1. Is not a ‘‘significant regulatory (d) Air Transport Association (ATA) of Doing the inspection required by paragraph America Code 53: Fuselage. (g) of this AD terminates the actions required action’’ under Executive Order 12866; by this paragraph. 2. Is not a ‘‘significant rule’’ under the Reason (1) If no indications of incorrect fit, DOT Regulatory Policies and Procedures (e) The mandatory continuing damage, or wear are found, no further action (44 FR 11034, February 26, 1979); and airworthiness information (MCAI) states: is required by this paragraph.
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(2) If any incorrect fit, damage, or wear is Material Incorporated by Reference airworthiness information (MCAI) found, before next flight, do related (j) You must use Fokker Service Bulletin originated by an aviation authority of investigative actions and applicable SBF100–53–101, dated September 30, 2005; another country to identify and correct corrective actions in accordance with the and Fokker Service Bulletin SBF100–53–107, an unsafe condition on an aviation Accomplishment Instructions of the service dated February 26, 2008; as applicable; to do product. The MCAI describes the unsafe bulletin. the actions required by this AD, unless the condition as: New Requirements of This AD: Actions and AD specifies otherwise. During removal of forward and aft wing Compliance (1) The Director of the Federal Register approved the incorporation by reference of links, corrosion has been found on the wing (g) Unless already done: Within 12 months Fokker Service Bulletin SBF100–53–107, links and the wing link attachment bolts in after the effective date of this AD, inspect for dated February 26, 2008, under 5 U.S.C. areas that are not readily accessible during deviations of the aerodynamic seal of the 552(a) and 1 CFR part 51. the currently required Maintenance Review wing-to-fuselage fairings and the fuselage (2) The Director of the Federal Register Board Report (MRBR) zonal inspections or skin, do all applicable related investigative previously approved the incorporation by Corrosion Prevention and Control Programme and corrective actions, and apply a fillet reference of Fokker Service Bulletin SBF100– (CPCP) inspections. If left uncorrected, such seam between the fairings and the fuselage 53–101, dated September 30, 2005, on April corrosion could adversely affect the skin, in accordance with the 3, 2008 (73 FR 10650, February 28, 2008). structural integrity of the wing to fuselage Accomplishment Instructions of Fokker (3) For service information identified in joint. Service Bulletin SBF100–53–107, dated this AD, contact Fokker Services B.V., February 26, 2008. Do all applicable related Technical Services Dept., P.O. Box 231, 2150 * * * * * investigative and corrective actions before AE Nieuw-Vennep, the Netherlands; We are issuing this AD to require further flight. Accomplishment of this telephone +31 (0)252–627–350; fax +31 actions to correct the unsafe condition inspection terminates the actions required by (0)252–627–211; e-mail on these products. paragraph (f) of this AD. [email protected]; DATES: This AD becomes effective April FAA AD Differences Internet http://www.myfokkerfleet.com. 2, 2009. (4) You may review copies of the service The Director of the Federal Register Note 1: This AD differs from the MCAI information that is incorporated by reference approved the incorporation by reference and/or service information as follows: at the FAA, Transport Airplane Directorate, of a certain publication listed in this AD No differences. 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this as of April 2, 2009. Other FAA AD Provisions material at the FAA, call 425–227–1221 or ADDRESSES: You may examine the AD (h) The following provisions also apply to 425–227–1152. docket on the Internet at http:// this AD: (5) You may also review copies of the www.regulations.gov or in person at the (1) Alternative Methods of Compliance service information at the National Archives U.S. Department of Transportation, (AMOCs): The Manager, ANM–116, and Records Administration (NARA). For Docket Operations, M–30, West International Branch, Transport Airplane information on the availability of this Building Ground Floor, Room W12–140, material at NARA, call 202–741–6030, or go Directorate, FAA, has the authority to 1200 New Jersey Avenue, SE., approve AMOCs for this AD, if requested to: http://www.archives.gov/federal_register/ Washington, DC. using the procedures found in 14 CFR 39.19. code_of_federal_regulations/ Send information to ATTN: Tom Rodriguez, ibr_locations.html . FOR FURTHER INFORMATION CONTACT: Aerospace Engineer, International Branch, Issued in Renton, Washington, on January Todd Thompson, Aerospace Engineer, ANM–116, Transport Airplane Directorate, 15, 2009. International Branch, ANM–116, FAA, 1601 Lind Avenue SW., Renton, Ali Bahrami, Transport Airplane Directorate, FAA, Washington 98057–3356; telephone (425) 1601 Lind Avenue, SW., Renton, 227–1137; fax (425) 227–1149. Before using Manager, Transport Airplane Directorate, Aircraft Certification Service. Washington 98057–3356; telephone any approved AMOC on any airplane to (425) 227–1175; fax (425) 227–1149. which the AMOC applies, notify your [FR Doc. E9–3365 Filed 2–25–09; 8:45 am] SUPPLEMENTARY INFORMATION: appropriate principal inspector (PI) in the BILLING CODE 4910–13–P FAA Flight Standards District Office (FSDO), Discussion or lacking a PI, your local FSDO. (2) Airworthy Product: For any DEPARTMENT OF TRANSPORTATION We issued a notice of proposed requirement in this AD to obtain corrective rulemaking (NPRM) to amend 14 CFR actions from a manufacturer or other source, Federal Aviation Administration part 39 to include an AD that would use these actions if they are FAA-approved. apply to the specified products. That Corrective actions are considered FAA- 14 CFR Part 39 NPRM was published in the Federal approved if they are approved by the State Register on October 31, 2008 (73 FR of Design Authority (or their delegated [Docket No. FAA–2008–1141; Directorate 64897). That NPRM proposed to correct Identifier 2008–NM–025–AD; Amendment agent). You are required to assure the product an unsafe condition for the specified is airworthy before it is returned to service. 39–15799; AD 2009–02–09] (3) Reporting Requirements: For any products. The MCAI states: RIN 2120–AA64 reporting requirement in this AD, under the During removal of forward and aft wing provisions of the Paperwork Reduction Act, Airworthiness Directives; BAE links, corrosion has been found on the wing the Office of Management and Budget (OMB) Systems (Operations) Limited Model links and the wing link attachment bolts in has approved the information collection areas that are not readily accessible during requirements and has assigned OMB Control BAe 146 and Avro 146–RJ Airplanes the currently required Maintenance Review Number 2120–0056. AGENCY: Federal Aviation Board Report (MRBR) zonal inspections or Administration (FAA), Department of Corrosion Prevention and Control Programme Related Information (CPCP) inspections. If left uncorrected, such (i) Refer to MCAI European Aviation Safety Transportation (DOT). corrosion could adversely affect the Agency Airworthiness Directive 2008–0079, ACTION: Final rule. structural integrity of the wing to fuselage dated April 24, 2008; Fokker Service Bulletin joint. SBF100–53–101, dated September 30, 2005; SUMMARY: We are adopting a new For this reason, this Airworthiness and Fokker Service Bulletin SBF100–53–107, airworthiness directive (AD) for the Directive (AD) requires repetitive detailed dated February 26, 2008; for related products listed above. This AD results visual inspections at the forward and aft information. from mandatory continuing wing links and wing link attachment bolts for
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signs of corrosion, replacement of corroded safety in air commerce. This regulation 2009–02–09 BAE Systems (Operations) nuts and bolts and repair of any defects. is within the scope of that authority Limited (Formerly British Aerospace The MRBR and CPCP will be because it addresses an unsafe condition Regional Aircraft): Amendment 39– that is likely to exist or develop on 15799. Docket No. FAA–2008–1141; amended to include the repeat Directorate Identifier 2008–NM–025–AD. inspections. You may obtain further products identified in this rulemaking information by examining the MCAI in action. Effective Date the AD docket. Regulatory Findings (a) This airworthiness directive (AD) becomes effective April 2, 2009. Comments We determined that this AD will not Affected ADs We gave the public the opportunity to have federalism implications under participate in developing this AD. We Executive Order 13132. This AD will (b) None. received no comments on the NPRM or not have a substantial direct effect on Applicability on the determination of the cost to the the States, on the relationship between (c) This AD applies to BAE Systems public. the national government and the States, (Operations) Limited Model BAe 146–100A, or on the distribution of power and –200A, and –300A series airplanes; and Conclusion responsibilities among the various Model Avro 146–RJ70A, 146–RJ85A, and We reviewed the available data and levels of government. 146–RJ100A airplanes, certificated in any determined that air safety and the For the reasons discussed above, I category, all models, all serial numbers. public interest require adopting the AD certify this AD: Subject as proposed. 1. Is not a ‘‘significant regulatory (d) Air Transport Association (ATA) of action’’ under Executive Order 12866; Differences Between This AD and the America Code 53: Fuselage. 2. Is not a ‘‘significant rule’’ under the MCAI or Service Information DOT Regulatory Policies and Procedures Reason We have reviewed the MCAI and (44 FR 11034, February 26, 1979); and (e) The mandatory continuing related service information and, in 3. Will not have a significant airworthiness information (MCAI) states: general, agree with their substance. But economic impact, positive or negative, During removal of forward and aft wing we might have found it necessary to use links, corrosion has been found on the wing on a substantial number of small entities links and the wing link attachment bolts in different words from those in the MCAI under the criteria of the Regulatory areas that are not readily accessible during to ensure the AD is clear for U.S. Flexibility Act. the currently required Maintenance Review operators and is enforceable. In making We prepared a regulatory evaluation Board Report (MRBR) zonal inspections or these changes, we do not intend to differ of the estimated costs to comply with Corrosion Prevention and Control Programme substantively from the information this AD and placed it in the AD docket. (CPCP) inspections. If left uncorrected, such provided in the MCAI and related corrosion could adversely affect the service information. Examining the AD Docket structural integrity of the wing to fuselage We might also have required different You may examine the AD docket on joint. actions in this AD from those in the the Internet at http: // For this reason, this Airworthiness Directive (AD) requires repetitive detailed MCAI in order to follow our FAA www.regulations.gov; or in person at the visual inspections at the forward and aft policies. Any such differences are Docket Operations office between 9 a.m. wing links and wing link attachment bolts for highlighted in a Note within the AD. and 5 p.m., Monday through Friday, signs of corrosion, replacement of corroded except Federal holidays. The AD docket nuts and bolts and repair of any defects. Costs of Compliance contains the NPRM, the regulatory The MRBR and CPCP will be amended to We estimate that this AD will affect evaluation, any comments received, and include the repeat inspections. about 1 product of U.S. registry. We also other information. The street address for Actions and Compliance estimate that it will take about 20 work- the Docket Operations office (telephone hours per product to comply with the (f) Unless already done, do the following (800) 647–5527) is in the ADDRESSES actions: Before accumulating 48 months on basic requirements of this AD. The section. Comments will be available in the wing link since new, or within 48 months average labor rate is $80 per work-hour. the AD docket shortly after receipt. of a wing link being repaired in accordance Based on these figures, we estimate the with a BAE Systems (Operations) Limited or cost of this AD to the U.S. operators to List of Subjects in 14 CFR Part 39 European Aviation Safety Agency (EASA) be $1,600. Air transportation, Aircraft, Aviation approved repair scheme, or within 24 months safety, Incorporation by reference, after the effective date of this AD, whichever Authority for This Rulemaking Safety. occurs latest, and thereafter at intervals not Title 49 of the United States Code to exceed 48 months, inspect the wing links specifies the FAA’s authority to issue Adoption of the Amendment in accordance with paragraph 2.C. of BAE Systems (Operations) Limited Inspection rules on aviation safety. Subtitle I, ■ Accordingly, under the authority Service Bulletin ISB.53–203, dated May 7, section 106, describes the authority of delegated to me by the Administrator, 2007 (‘‘the service bulletin’’). the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as (1) If any corrosion is found on bolts or Aviation Programs,’’ describes in more follows: nuts, replace the affected bolts and nuts with detail the scope of the Agency’s airworthy parts before next flight in authority. PART 39—AIRWORTHINESS accordance with the service bulletin. We are issuing this rulemaking under DIRECTIVES (2) If any corrosion to the wing links is the authority described in ‘‘Subtitle VII, found during an inspection, repair before Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 further flight in accordance with a method continues to read as follows: approved in accordance with EASA (or its General requirements.’’ Under that delegated agent). section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. promoting safe flight of civil aircraft in FAA AD Differences § 39.13 [Amended] air commerce by prescribing regulations Note 1: This AD differs from the MCAI for practices, methods, and procedures ■ 2. The FAA amends § 39.13 by adding and/or service information as follows: No the Administrator finds necessary for the following new AD: differences.
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Other FAA AD Provisions Issued in Renton, Washington, on January Docket Office (telephone 800–647–5527) (g) The following provisions also apply to 15, 2009. is the Document Management Facility, this AD: Ali Bahrami, U.S. Department of Transportation, (1) Alternative Methods of Compliance Manager, Transport Airplane Directorate, Docket Operations, M–30, West (AMOCs): The Manager, International Aircraft Certification Service. Building Ground Floor, Room W12–140, Branch, ANM–116, Transport Airplane [FR Doc. E9–3366 Filed 2–25–09; 8:45 am] 1200 New Jersey Avenue SE., Directorate, FAA, has the authority to Washington, DC 20590. approve AMOCs for this AD, if requested BILLING CODE 4910–13–P using the procedures found in 14 CFR 39.19. FOR FURTHER INFORMATION CONTACT: Jay Send information to ATTN: Todd Thompson, Yi, Aerospace Engineer, Systems and Aerospace Engineer, International Branch, DEPARTMENT OF TRANSPORTATION Equipment Branch, ANM–130S, FAA, ANM–116, Transport Airplane Directorate, Seattle Aircraft Certification Office, FAA, 1601 Lind Avenue, SW., Renton, Federal Aviation Administration 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone (425) Washington 98057–3356; telephone 227–1175; fax (425) 227–1149. Before using 14 CFR Part 39 (425) 917–6494; fax (425) 917–6590. any approved AMOC on any airplane to which the AMOC applies, notify your [Docket No. FAA–2007–0254; Directorate SUPPLEMENTARY INFORMATION: Identifier 2007–NM–209–AD; Amendment appropriate principal inspector (PI) in the Discussion FAA Flight Standards District Office (FSDO), 39–15795; AD 2009–02–05] We issued a notice of proposed or lacking a PI, your local FSDO. RIN 2120–AA64 (2) Airworthy Product: For any rulemaking (NPRM) to amend 14 CFR requirement in this AD to obtain corrective Airworthiness Directives; Boeing part 39 to include an airworthiness actions from a manufacturer or other source, Model 777 Airplanes directive (AD) that would apply to use these actions if they are FAA-approved. certain Boeing Model 777 airplanes. Corrective actions are considered FAA- AGENCY: Federal Aviation That NPRM was published in the approved if they are approved by the State Administration (FAA), DOT. Federal Register on November 28, 2007 of Design Authority (or their delegated agent). You are required to assure the product ACTION: Final rule. (72 FR 67263). That NPRM proposed to is airworthy before it is returned to service. require installing software upgrades to (3) Reporting Requirements: For any SUMMARY: We are adopting a new the airplane information management reporting requirement in this AD, under the airworthiness directive (AD) for certain system (AIMS) located in the flight provisions of the Paperwork Reduction Act, Boeing Model 777 airplanes. This AD compartment. the Office of Management and Budget (OMB) requires installing software upgrades to has approved the information collection the airplane information management Comments requirements and has assigned OMB Control system (AIMS) located in the flight We gave the public the opportunity to Number 2120–0056. compartment. This AD results from an participate in developing this AD. We Related Information investigation that revealed that considered the comments received. (h) Refer to MCAI EASA Airworthiness detrimental effects could occur on Request To Incorporate Revised Service Directive 2007–0303, dated December 14, certain AIMS software during flight. We Information 2007, and BAE Systems (Operations) Limited are issuing this AD to prevent an Inspection Service Bulletin ISB.53–203, unannunciated loss of cabin pressure. If Boeing asks that we reference Boeing dated May 7, 2007, for related information. an undetected loss of pressure event Service Bulletins 777–31A0119 and 777–31A0120, both Revision 2, both Material Incorporated by Reference were to cause an unsafe pressure in the cabin, the flight crew could become dated June 12, 2008, in the final rule. (i) You must use BAE Systems (Operations) incapacitated. Boeing Alert Service Bulletin 777– Limited Inspection Service Bulletin ISB.53– 31A0119, Revision 1, dated March 27, 203, dated May 7, 2007, to do the actions DATES: This AD is effective April 2, 2007; and Boeing Alert Service Bulletin required by this AD, unless the AD specifies 2009. 777–31A0120, Revision 1, dated March otherwise. The Director of the Federal Register 23, 2007; were referenced in the NPRM (1) The Director of the Federal Register approved the incorporation by reference approved the incorporation by reference of as the appropriate sources of service this service information under 5 U.S.C. of certain publications listed in this AD information for accomplishing certain 552(a) and 1 CFR part 51. as of April 2, 2009. actions. Revision 2 of the service (2) For service information identified in ADDRESSES: For service information bulletins clarifies the procedures for this AD, contact BAE Systems Regional identified in this AD, contact Boeing upgrading to the Airplane Information Aircraft, 13850 McLearen Road, Herndon, Commercial Airplanes, Attention: Data Management System—1 (AIMS–1) Virginia 20171; telephone 703–736–1080; e- & Services Management, P. O. Box 3707, Blockpoint 2006 (BP06) operational mail [email protected]; Internet MC 2H–65, Seattle, Washington 98124– software. http://www.baesystems.com/Businesses/ We have reviewed Revision 2 of these RegionalAircraft/index.htm. 2207; telephone 206–544–5000, (3) You may review copies of the service extension 1, fax 206–766–5680; e-mail service bulletins and we agree with the information that is incorporated by reference [email protected]; Internet commenter, since no additional work is at the FAA, Transport Airplane Directorate, https://www.myboeingfleet.com. necessary on airplanes changed in 1601 Lind Avenue, SW., Renton, accordance with Revision 1 of the Washington. For information on the Examining the AD Docket referenced service information; Revision availability of this material at the FAA, call You may examine the AD docket on 2 of these service bulletins just provides 425–227–1221 or 425–227–1152. the Internet at http:// certain clarifications. We have added (4) You may also review copies of the www.regulations.gov; or in person at the Revision 2 of these service bulletins to service information at the National Archives Docket Management Facility between 9 the applicability specified in paragraph and Records Administration (NARA). For information on the availability of this a.m. and 5 p.m., Monday through (c) of this AD, and to paragraph (f)(1) of material at NARA, call 202–741–6030, or go Friday, except Federal holidays. The AD this AD, as the appropriate sources of to: http://www.archives.gov/federal_register/ docket contains this AD, the regulatory service information for accomplishing code_of_federal_regulations/ evaluation, any comments received, and the actions specified. In addition, we ibr_locations.html. other information. The address for the have added credit for accomplishing the
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actions using Revision 1 of these service a timely manner within the affected (2) Is not a ‘‘significant rule’’ under bulletins to paragraph (g) of this AD. fleet, while still maintaining an DOT Regulatory Policies and Procedures adequate level of safety. We have not (44 FR 11034, February 26, 1979), and Request To Update Number of U.S. changed the AD in this regard. (3) Will not have a significant Airplanes economic impact, positive or negative, Boeing also asks that we change the Conclusion on a substantial number of small entities number of U.S. airplanes affected by We reviewed the relevant data, under the criteria of the Regulatory this AD from 2 to 4 to reflect the considered the comments received, and Flexibility Act. production deliveries of airplanes with determined that air safety and the You can find our regulatory software requiring an update. Boeing public interest require adopting the AD evaluation and the estimated costs of states that there were about 142 AIMS– with the changes described previously. compliance in the AD Docket. 2 airplanes that were delivered in We also determined that these changes List of Subjects in 14 CFR Part 39 production on which the affected will not increase the economic burden software design was incorporated. on any operator or increase the scope of Air transportation, Aircraft, Aviation Boeing also recommends adding a the AD. safety, Incorporation by reference, statement that about 230 additional Safety. airplanes (of which an estimated 70 of Costs of Compliance Adoption of the Amendment those airplanes are of U.S. registry) on There are about 142 airplanes of the which AIMS–1 software has been ■ Accordingly, under the authority affected design in the worldwide fleet. incorporated will require an update to delegated to me by the Administrator, This AD affects 4 airplanes of U.S. BP06. the FAA amends 14 CFR part 39 as registry. The actions take between 1 and We partially agree with the follows: commenter. 4 work hours per airplane, at an average Since the total number of airplanes of labor rate of $80 per work hour. Based PART 39—AIRWORTHINESS the affected design in the worldwide on these figures, the estimated cost of DIRECTIVES fleet has not increased, we agree to the AD for U.S. operators is between ■ change the number of U.S. airplanes $320 and $1,280, or between $80 and 1. The authority citation for part 39 affected by this AD from 2 to 4. The 2 $320 per airplane. continues to read as follows: additional U.S.-registered airplanes in Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. need of the software update have been § 39.13 [Amended] added to the Costs of Compliance Title 49 of the United States Code section in this AD. specifies the FAA’s authority to issue ■ 2. The FAA amends § 39.13 by adding We do not agree to include the rules on aviation safety. Subtitle I, the following new AD: statements provided by the commenter, section 106, describes the authority of 2009–02–05 Boeing: Amendment 39–15795. as that language would be added to the the FAA Administrator. ‘‘Subtitle VII: Docket No. FAA–2007–0254; Directorate Discussion section of the NPRM, which Aviation Programs,’’ describes in more Identifier 2007–NM–209–AD. detail the scope of the Agency’s is not carried over to this final rule. We Effective Date have made no change to the AD in this authority. regard. (a) This airworthiness directive (AD) is We are issuing this rulemaking under effective April 2, 2009. Request To Reduce Compliance Time the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: Affected ADs Air Line Pilots Association, General requirements.’’ Under that (b) None. International (ALPA), asks that the 15- section, Congress charges the FAA with Applicability month compliance time specified in promoting safe flight of civil aircraft in paragraph (f) of the NPRM be reduced. air commerce by prescribing regulations (c) This AD applies to Boeing Model 777– ALPA states that, given the potentially 200, –200LR, –300, and –300ER series for practices, methods, and procedures airplanes, certificated in any category; as serious consequences of an undetected the Administrator finds necessary for loss of pressurization, the number of identified in Boeing Service Bulletins 777– safety in air commerce. This regulation 31A0119 and 777–31A0120, both Revision 2, affected aircraft, and the time required is within the scope of that authority both dated June 12, 2008. for installation of the software, a shorter because it addresses an unsafe condition Unsafe Condition compliance time should be imposed. that is likely to exist or develop on We do not agree to reduce the products identified in this rulemaking (d) This AD results from an investigation compliance time specified in paragraph action. that revealed that detrimental effects could (f) of this AD. In developing the occur on certain airplane information compliance time for this AD action, we Regulatory Findings management system (AIMS) software during considered not only the safety flight. We are issuing this AD to prevent an This AD will not have federalism implications of the identified unsafe unannunciated loss of cabin pressure. If an implications under Executive Order undetected loss of pressure event were to condition, but the average utilization 13132. This AD will not have a cause an unsafe pressure in the cabin, the rate of the affected fleet and the substantial direct effect on the States, on flight crew could become incapacitated. practical aspects of installing the the relationship between the national software during regular maintenance Compliance government and the States, or on the periods. In addition, we considered the (e) You are responsible for having the distribution of power and manufacturer’s recommendation for an actions required by this AD performed within responsibilities among the various appropriate compliance time. After the compliance times specified, unless the levels of government. considering all the available actions have already been done. information, we determined that the 15- For the reasons discussed above, I Software Installation month compliance time represents an certify that this AD: (f) Do the actions specified in paragraphs appropriate interval of time in which (1) Is not a ‘‘significant regulatory (f)(1) and (f)(2) of this AD at the time the required actions can be performed in action’’ under Executive Order 12866, specified, as applicable.
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(1) Within 15 months after the effective Revision 1, dated March 23, 2007; are actions required by this AD, as applicable, date of this AD: Install the AIMS Blockpoint considered acceptable for compliance with unless the AD specifies otherwise. 2006 (BP06) operational software by doing all the corresponding actions specified in this (1) The Director of the Federal Register the actions in accordance with the AD. approved the incorporation by reference of Accomplishment Instructions of Boeing Alternative Methods of Compliance this service information under 5 U.S.C. Service Bulletin 777–31A0119 or 777– (AMOCs) 552(a) and 1 CFR part 51. 31A0120, both Revision 2, both dated June (2) For service information identified in 12, 2008; as applicable. (h)(1) The Manager, Seattle Aircraft this AD, contact Boeing Commercial (2) Prior to or concurrently with Certification Office (ACO), FAA, ATTN: Jay Airplanes, Attention: Data & Services accomplishing the software installation, Yi, Aerospace Engineer, Systems and Management, P.O. Box 3707, MC 2H–65, Equipment Branch, ANM–130S, FAA, Seattle install the AIMS Blockpoint 2005A (BP05A) Seattle, Washington 98124–2207; telephone ACO, 1601 Lind Avenue SW., Renton, software in accordance with the 206–544–5000, extension 1, fax 206–766– Washington 98057–3356; telephone (425) 5680; e-mail [email protected]; Accomplishment Instructions of Boeing 917–6494; fax (425) 917–6590; has the Internet https://www.myboeingfleet.com. Special Attention Service Bulletin 777–31– authority to approve AMOCs for this AD, if 0098, Revision 1, dated May 3, 2007; or requested using the procedures found in 14 (3) You may review copies of the service Boeing Special Attention Service Bulletin CFR 39.19. information that is incorporated by reference 777–31–0097, Revision 3, dated February 22, (2) To request a different method of at the FAA, Transport Airplane Directorate, 2007; as applicable. compliance or a different compliance time 1601 Lind Avenue SW., Renton, Washington. for this AD, follow the procedures in 14 CFR For information on the availability of this Credit for Actions Done Using Previous material at the FAA, call 425–227–1221 or Service Information 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, 425–227–1152. (g) Actions accomplished before the notify your appropriate principal inspector (4) You may also review copies of the effective date of this AD in accordance with (PI) in the FAA Flight Standards District service information at the National Archives Boeing Service Bulletin 777–31–0119, dated Office (FSDO), or lacking a PI, your local and Records Administration (NARA). For October 16, 2006, or Boeing Alert Service FSDO. information on the availability of this Bulletin 777–31A0119, Revision 1, dated material at NARA, call 202–741–6030, or go March 27, 2007; and Boeing Service Bulletin Material Incorporated by Reference to: http://www.archives.gov/federal_register/ 777–31–0120, dated October 16, 2006, or (i) You must use the service information code_of_federal_regulations/ Boeing Alert Service Bulletin 777–31A0120, contained in Table 1 of this AD to do the ibr_locations.html.
TABLE 1—MATERIAL INCORPORATED BY REFERENCE
Service Bulletin Revision Date
Boeing Service Bulletin 777–31A0119 ...... 2 June 12, 2008. Boeing Service Bulletin 777–31A0120 ...... 2 June 12, 2008. Boeing Special Attention Service Bulletin 777–31–0097 ...... 3 February 22, 2007. Boeing Special Attention Service Bulletin 777–31–0098 ...... 1 May 3, 2007.
Issued in Renton, Washington, on January fastener holes that attach the left- and this AD as of February 9, 2001 (66 FR 13, 2009. right-hand pick-up angles at frame 40 to 1031, January 5, 2001). Ali Bahrami, the wing lower skin and fuselage panel, ADDRESSES: For service information Manager, Transport Airplane Directorate, and corrective actions if necessary. This identified in this AD, contact Airbus Aircraft Certification Service. new AD revises the intervals for SAS–EAW (Airworthiness Office), 1 [FR Doc. E9–3367 Filed 2–25–09; 8:45 am] accomplishing the repetitive detailed Rond Point Maurice Bellonte, 31707 BILLING CODE 4910–13–P inspections and provides for an optional Blagnac Cedex, France; telephone +33 5 terminating modification for the 61 93 36 96; fax +33 5 61 93 44 51; e- repetitive inspections. This new AD also mail [email protected]; DEPARTMENT OF TRANSPORTATION revises the applicability of the AD to Internet http://www.airbus.com. remove certain airplanes. This AD Federal Aviation Administration results from mandatory continuing Examining the AD Docket airworthiness information originated by 14 CFR Part 39 You may examine the AD docket on an aviation authority of another country the Internet at http:// [Docket No. FAA–2008–0908; Directorate to identify and correct an unsafe www.regulations.gov; or in person at the Identifier 2007–NM–190–AD; Amendment condition on an aviation product. We Docket Management Facility between 9 39–15788; AD 2009–01–09] are issuing this AD to prevent reduced a.m. and 5 p.m., Monday through RIN 2120–AA64 structural integrity of the airplane due Friday, except Federal holidays. The AD to fatigue damage, and consequent docket contains this AD, the regulatory Airworthiness Directives; Airbus Model cracking of the pick-up angles at frame evaluation, any comments received, and A310 Series Airplanes 40. other information. The address for the Docket Office (telephone 800–647–5527) AGENCY: Federal Aviation DATES: This AD is effective April 2, is the Document Management Facility, Administration (FAA), DOT. 2009. U.S. Department of Transportation, ACTION: Final rule. The Director of the Federal Register Docket Operations, M–30, West SUMMARY: The FAA is superseding an approved the incorporation by reference Building Ground Floor, Room W12–140, existing airworthiness directive (AD) of a certain publication listed in this AD 1200 New Jersey Avenue, SE., that applies to all Airbus Model A310 as of April 2, 2009. Washington, DC 20590. series airplanes. That AD currently The Director of the Federal Register FOR FURTHER INFORMATION CONTACT: Dan requires repetitive detailed inspections approved the incorporation by reference Rodina, Aerospace Engineer, to detect cracks propagating from the of a certain other publication listed in International Branch, ANM–116,
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Transport Airplane Directorate, FAA, detail the scope of the Agency’s 2009–01–09 Airbus: Amendment 39–15788. 1601 Lind Avenue, SW., Renton, authority. Docket No. FAA–2008–0908; Directorate Washington 98057–3356; telephone We are issuing this rulemaking under Identifier 2007–NM–190–AD. (425) 227–2125; fax (425) 227–1149. the authority described in ‘‘Subtitle VII, Effective Date SUPPLEMENTARY INFORMATION: Part A, Subpart III, Section 44701: (a) This airworthiness directive (AD) is General requirements.’’ Under that effective April 2, 2009. Discussion section, Congress charges the FAA with Affected ADs We issued a notice of proposed promoting safe flight of civil aircraft in (b) This AD supersedes AD 2000–26–14. rulemaking (NPRM) to amend 14 CFR air commerce by prescribing regulations part 39 to include an airworthiness for practices, methods, and procedures Applicability directive (AD) that supersedes AD the Administrator finds necessary for (c) This AD applies to Airbus Model A310 2000–26–14, amendment 39–12064 (66 safety in air commerce. This regulation series airplanes, certificated in any category, FR 1031, January 5, 2001). The existing is within the scope of that authority except those airplanes modified in-service in AD applies to all Airbus Model A310 because it addresses an unsafe condition accordance with Airbus Service Bulletin series airplanes. That NPRM was that is likely to exist or develop on A310–53–2119, dated October 25, 2005; or published in the Federal Register on products identified in this rulemaking Revision 01, dated February 27, 2007. August 26, 2008 (73 FR 50250). A action. Unsafe Condition correction to that NPRM was published Regulatory Findings (d) This AD results from mandatory in the Federal Register on September 8, continuing airworthiness information 2008 (73 FR 51961). That NPRM This AD will not have federalism originated by an aviation authority of another proposed to continue to require implications under Executive Order country to identify and correct an unsafe repetitive detailed inspections to detect 13132. This AD will not have a condition on an aviation product. We are cracks propagating from the fastener substantial direct effect on the States, on issuing this AD to prevent reduced structural holes that attach the left- and right-hand the relationship between the national integrity of the airplane due to fatigue damage and consequent cracking of the pick- pick-up angles at frame 40 to the wing government and the States, or on the up angles at frame 40. lower skin and fuselage panel, and distribution of power and corrective actions if necessary. That responsibilities among the various Compliance NPRM also proposed to revise the levels of government. (e) You are responsible for having the intervals for accomplishing the For the reasons discussed above, I actions required by this AD performed within repetitive detailed inspections and certify that this AD: the compliance times specified, unless the actions have already been done. provided for an optional terminating (1) Is not a ‘‘significant regulatory modification for the repetitive action’’ under Executive Order 12866, Requirements of AD 2000–26–14 inspections. That NPRM also proposed (2) Is not a ‘‘significant rule’’ under Inspections and Corrective Actions to revise the applicability of the AD to DOT Regulatory Policies and Procedures remove certain airplanes. (f) Perform a detailed inspection to detect (44 FR 11034, February 26, 1979), and cracks propagating from the fastener holes Comments (3) Will not have a significant that attach the left- and right-hand pick-up economic impact, positive or negative, angles at frame 40 to the wing lower skin and We gave the public the opportunity to fuselage panel, at the time specified in participate in developing this AD. We on a substantial number of small entities under the criteria of the Regulatory paragraph (g), (h), (i), (j), or (k) of this AD, received no comments on the NPRM or as applicable. Perform the actions in on the determination of the cost to the Flexibility Act. accordance with Figure 2, Sheet 1, ‘‘Synoptic public. You can find our regulatory Chart,’’ of Airbus Service Bulletin A310– evaluation and the estimated costs of 53A2111, Revision 01, dated June 21, 2000, Conclusion compliance in the AD Docket. except as provided by paragraph (l) of this We reviewed the relevant data and AD. List of Subjects in 14 CFR Part 39 (1) If no cracking is found during the determined that air safety and the Air transportation, Aircraft, Aviation inspection required by paragraph (f) of this public interest require adopting the AD AD, repeat the detailed inspection thereafter as proposed. safety, Incorporation by reference, at the interval specified in paragraph (f)(1)(i) Safety. Costs of Compliance or (f)(1)(ii) of this AD, as applicable, except Adoption of the Amendment as provided by paragraph (n) of this AD. This AD affects about 68 Model A310 (i) For Model A310–200 series airplanes: series airplanes of U.S. registry. ■ Accordingly, under the authority Except as provided by paragraph (i) of this The inspections that are required by delegated to me by the Administrator, AD, repeat the inspection thereafter at AD 2000–26–14 and retained in this AD the FAA amends 14 CFR part 39 as intervals not to exceed 1,000 flight cycles or 2,600 flight hours, whichever occurs first. take about 2 work hours per airplane, at follows: (ii) For Model A310–300 series airplanes: an average labor rate of $80 per work Except as provided by paragraphs (i) of this hour. Based on these figures, the PART 39—AIRWORTHINESS AD, repeat the inspection thereafter at estimated cost of the currently required DIRECTIVES intervals not to exceed 850 flight cycles or actions is $10,880, or $160 per airplane, 2,800 flight hours, whichever occurs first. ■ 1. The authority citation for part 39 per inspection cycle. (2) If any cracking is found during the continues to read as follows: inspection required by paragraph (f) of this Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. AD, prior to further flight, perform applicable Title 49 of the United States Code corrective actions (including repair (drilling § 39.13 [Amended] and reaming a crack stop hole in the pick- specifies the FAA’s authority to issue up angle, performing a Rototest inspection ■ rules on aviation safety. Subtitle I, 2. The FAA amends § 39.13 by and repetitive detailed inspections at the section 106, describes the authority of removing amendment 39–12064 (66 FR time specified in the service bulletin, and the FAA Administrator. ‘‘Subtitle VII: 1031, January 5, 2001) and by adding replacing the pick-up angle with a new angle Aviation Programs,’’ describes in more the following new AD: at the time specified in the service bulletin,
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except as provided by paragraph (o) of this (1) Prior to the accumulation of 6,700 total magnifying lenses, etc., may be used. Surface AD); or immediate replacement of any flight cycles or 24,700 total flight hours, cleaning and elaborate access procedures cracked angle with a new angle). Perform the whichever occurs first. may be required.’’ actions and repetitive inspections in (2) Within 700 flight cycles or 1,200 flight accordance with Figure 2, Sheet 1, ‘‘Synoptic hours after February 9, 2001, whichever New Requirements of This AD Chart,’’ of Airbus Service Bulletin A310– occurs first. (i) For airplanes that have accumulated New Revisions of Service Bulletin 53A2111, Revision 01, dated June 21, 2000, more than 18,000 total flight cycles or 53,000 (l) As of the effective date of this AD, use except as provided by paragraph (l) of this total flight hours as of February 9, 2001: only the Accomplishment Instructions of AD. Perform the initial inspection required by Airbus Mandatory Service Bulletin A310–53– Note 1: Accomplishment of the actions paragraph (f) of this AD within 350 flight 2111, Revision 03, dated May 21, 2007, to do required by paragraph (f) of this AD in cycles or 600 flight hours after February 9, the inspections and corrective actions accordance with Airbus Service Bulletin 2001, whichever occurs first. Repeat the required by paragraph (f) of this AD; except A310–53A2111, dated April 21, 2000, is inspection thereafter at intervals not to where Figure 2 Sheet 2 of Airbus Mandatory considered to be acceptable for compliance exceed 350 flight cycles or 600 flight hours, Service Bulletin A310–53–2111, Revision 03, whichever occurs first. with the requirements of that paragraph. dated May 21, 2007, specifies actions for (j) For airplanes having manufacturer’s crack length of ‘‘<54 mm (2.126 in.)’’ and serial number 0162 through 0326 inclusive, Compliance Times ‘‘<69 mm (2.716 in.),’’ this AD requires the on which Airbus Service Bulletin A310–53– (g) For Model A310–200 series airplanes: 2014 has been accomplished prior to corresponding actions for crack lengths less Except as provided by paragraphs (i), (j), and February 9, 2001: The initial inspection than or equal to those measurements. (k) of this AD, perform the initial inspection threshold may be counted from the date of (m) Inspections and applicable corrective at the later of the times specified in accomplishment of Airbus Service Bulletin actions done before the effective date of this paragraphs (g)(1) and (g)(2) of this AD. A310–53–2014. AD in accordance with Airbus Mandatory Service Bulletin A310–53–2111, Revision 02, (1) Prior to the accumulation of 7,900 total (k) For airplanes on which a pick-up angle dated October 25, 2005, are acceptable for flight cycles or 23,600 total flight hours, has been replaced: For that pick-up angle compliance with the requirements of whichever occurs first. only, the initial inspection threshold may be counted from the date of installation of the paragraph (f) of this AD. (2) Within 700 flight cycles or 1,200 flight new pick-up angle. hours after February 9, 2001 (the effective Revised Repetitive Intervals for Detailed date of AD 2000–26–14), whichever occurs Note 2: For the purposes of this AD, a Inspections detailed inspection is defined as: ‘‘An first. intensive visual examination of a specific (n) As of the effective date of this AD, (h) For Model A310–300 series airplanes: structural area, system, installation, or repeat the detailed inspections for no crack Except as provided by paragraphs (i), (j), and assembly to detect damage, failure, or findings required by paragraph (f)(1)(i), (k) of this AD, perform the initial inspection irregularity. Available lighting is normally (f)(1)(ii), or (i) of this AD, as applicable, at the required by paragraph (f) of this AD at the supplemented with a direct source of good applicable times specified in Table 1 of this later of the times specified in paragraphs lighting at intensity deemed appropriate by AD, until the modification specified in (h)(1) and (h)(2) of this AD. the inspector. Inspection aids such as mirror, paragraph (p) of this AD is done.
TABLE 1—REVISED REPETITIVE INTERVALS FOR CERTAIN DETAILED INSPECTIONS
For model— Repeat the inspection at the later of the following times— And thereafter at intervals not to exceed—
(1) A310–200 series airplanes ...... Within 950 flight cycles or 1,900 Within 50 flight cycles or 250 flight 950 flight cycles or 1,900 flight flight hours since the last in- hours after the effective date of hours, whichever occurs first. spection required by paragraph this AD, whichever occurs first. (f)(1)(i) or (i) of this AD, which- ever occurs first.
(2) A310–300 series airplanes Within 900 flight cycles or 2,550 Within 50 flight cycles or 250 flight 900 flight cycles or 2,550 flight (short range). flight hours since the last in- hours after the effective date of hours, whichever occurs first. spection required by paragraph this AD, whichever occurs first. (f)(1)(ii) or (i) of this AD, which- ever occurs first.
(3) A310–300 series airplanes Within 800 flight cycles or 4,000 Within 50 flight cycles or 250 flight 800 flight cycles or 4,000 flight (long range). flight hours since the last in- hours after the effective date of hours, whichever occurs first. spection required by paragraph this AD, whichever occurs first. (f)(1)(ii) or (i) of this AD, which- ever occurs first.
Revised Threshold for Replacing the Pick- applicable time specified in Table 2 of this Up Angles AD. (o) As of the effective date of this AD, do the replacement of the pick-up angle required by paragraph (f)(2) of this AD, at the
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TABLE 2—REVISED THRESHOLDS FOR REPLACING PICK-UP ANGLES
For model— Replace at the earlier of the following times—
(1) A310–200 series airplanes ...... At the time specified in paragraph (f)(2) of this Within 1,500 flight cycles or 3,000 flight hours AD for replacing the pick-up angle. since the last detailed inspection, or within 30 days after the effective date of this AD, whichever occurs later.
(2) A310–300 series airplanes (short range) .... At the time specified in paragraph (f)(2) of this Within 1,600 flight cycles or 4,600 flight hours AD for replacing the pick-up angle. since the last detailed inspection, or within 30 days after the effective date of this AD, whichever occurs later.
(3) A310–300 series airplanes (long range) ..... At the time specified in paragraph (f)(2) of this Within 1,400 flight cycles or 7,200 flight hours AD for replacing the pick-up angle. since the last detailed inspection, or within 30 days after the effective date of this AD, whichever occurs later.
Optional Terminating Modification European Aviation Safety Agency (EASA) (or any approved AMOC on any airplane to (p) Remove the existing pick-up angles and its delegated agent). which the AMOC applies, notify your (r) Actions done before the effective date of install a reinforced doubler between frames appropriate principal inspector (PI) in the this AD in accordance with the (FR) FR40 and FR41, and perform applicable FAA Flight Standards District Office (FSDO), Accomplishment Instructions of Airbus or lacking a PI, your local FSDO. related investigative and corrective actions Service Bulletin A310–53–2119, dated by accomplishing all the applicable actions October 25, 2005, are acceptable for Related Information specified in the Accomplishment compliance with the corresponding (t) EASA airworthiness directive 2007– Instructions of Airbus Service Bulletin A310– requirements of paragraph (p) of this AD. 0184, dated July 3, 2007, also addresses the 53–2119, Revision 01, dated February 27, Alternative Methods of Compliance subject of this AD. 2007; except as provided by paragraph (q) of (AMOCs) this AD. Accomplishing these actions ends Material Incorporated by Reference the repetitive inspections required by this (s) The Manager, International Branch, ANM–116, FAA, has the authority to approve (u) You must use the service information AD. AMOCs for this AD, if requested using the identified in Table 3 of this AD to do the (q) If any crack is detected and Airbus procedures found in 14 CFR 39.19. Send actions required by this AD, unless the AD Service Bulletin A310–53–2119, Revision 01, information to ATTN: Dan Rodina, specifies otherwise. If you do the optional dated February 27, 2007, specifies to contact Aerospace Engineer, International Branch, terminating modification provided in this Airbus: Before further flight, repair the crack ANM–116, Transport Airplane Directorate, AD, you must use Airbus Service Bulletin using a method approved by either the FAA, 1601 Lind Avenue, SW., Renton, A310–53–2119, Revision 01, including Manager, International Branch, ANM–116, Washington 98057–3356; telephone (425) Appendix 01, dated February 27, 2007, to do Transport Airplane Directorate, FAA; or the 227–2125; fax (425) 227–1149. Before using the optional terminating modification.
TABLE 3—MATERIAL INCORPORATED BY REFERENCE FOR ACTIONS REQUIRED BY THIS AD
Revision Service bulletin level Date
Airbus Service Bulletin A310–53A2111, including Appendix 01 ...... 01 June 21, 2000. Airbus Mandatory Service Bulletin A310–53–2111, including Appendix 01 ...... 03 May 21, 2007.
(1) The Director of the Federal Register of this AD under 5 U.S.C. 552(a) and 1 CFR approved the incorporation by reference of part 51. the service information identified in Table 4
TABLE 4—NEW MATERIAL INCORPORATED BY REFERENCE
Revision Service bulletin level Date
Airbus Mandatory Service Bulletin A310–53–2111, including Appendix 01 ...... 03 May 21, 2007. A310–53–2119, including Appendix 01 ...... 01 February 27, 2007.
(2) The Director of the Federal Register Bellonte, 31707 Blagnac Cedex, France; Washington. For information on the previously approved the incorporation by telephone +33 5 61 93 36 96; fax +33 5 61 availability of this material at the FAA, call reference of Airbus Service Bulletin A310– 93 44 51; e-mail: account.airworth- 425–227–1221 or 425–227–1152. 53A2111, Revision 01, including Appendix [email protected]; Internet http:// (5) You may also review copies of the 1, dated June 21, 2000, on February 9, 2001 www.airbus.com. service information at the National Archives (66 FR 1031, January 5, 2001). (4) You may review copies of the service and Records Administration (NARA). For (3) For service information identified in information that is incorporated by reference information on the availability of this this AD, contact Airbus SAS—EAW at the FAA, Transport Airplane Directorate, material at NARA, call 202–741–6030, or go (Airworthiness Office), 1 Rond Point Maurice 1601 Lind Avenue, SW., Renton, to: http://www.archives.gov/federal_register/
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code_of_federal_regulations/ • Mail: U.S. Department of for the Member States of the European ibr_locations.html. Transportation, Docket Operations, M– Community, issued Airworthiness Issued in Renton, Washington, on 30, West Building Ground Floor, Room Directive 2007–0056, dated March 1, December 18, 2008. W12–140, 1200 New Jersey Avenue, SE., 2007. The EASA Airworthiness Stephen P. Boyd, Washington, DC 20590. Directive superseded British • Assistant Manager, Transport Airplane Hand Delivery: U.S. Department of airworthiness directive 005–03–97 by Directorate, Aircraft Certification Service. Transportation, Docket Operations, M– adding airplanes with construction [FR Doc. E9–3765 Filed 2–25–09; 8:45 am] 30, West Building Ground Floor, Room numbers 41102 through 41104. The W12–140, 1200 New Jersey Avenue, SE., BILLING CODE 4910–13–P EASA advises that those airplanes might Washington, DC 20590, between 9 a.m. also be subject to the identified unsafe and 5 p.m., Monday through Friday, condition. DEPARTMENT OF TRANSPORTATION except Federal holidays. For service information identified in Relevant Service Information Federal Aviation Administration this AD, contact BAE Systems Regional AD 98–17–12 requires Aircraft, 13850 Mclearen Road, accomplishment of British Aerospace 14 CFR Part 39 Herndon, Virginia 20171; telephone Regional Aircraft Service Bulletins J41– 703–736–1080; e-mail 57–019, Revision 1, dated November 26, [Docket No. FAA–2009–0034; Directorate [email protected]; Internet 1997; J41–57–020, dated March 20, Identifier 2007–NM–082–AD; Amendment http://www.baesystems.com/Businesses/ 39–15797; AD 2009–02–07] 1997; and J41–57–021, dated May 7, RegionalAircraft/index.htm. 1998. BAE Systems (Operations) RIN 2120–AA64 Examining the AD Docket Limited has issued Revision 1 of Service Bulletin J41–57–020, dated July 3, 2006; Airworthiness Directives; BAE You may examine the AD docket on and Revision 4 of Service Bulletin J41– Systems (Operations) Limited the Internet at http:// 57–021, dated January 16, 2003. BAE (Jetstream) Model 4101 Airplanes www.regulations.gov; or in person at the Systems (Operations) Limited Service Docket Management Facility between 9 AGENCY: Federal Aviation Bulletin J41–57–020, Revision 1, adds a.m. and 5 p.m., Monday through Administration (FAA), Department of the three airplanes referenced above. Friday, except Federal holidays. The AD The revised service bulletins specify no Transportation (DOT). docket contains this AD, the regulatory ACTION: Final rule; request for new actions for any affected airplanes. evaluation, any comments received, and The EASA mandated the service comments. other information. The street address for information and issued airworthiness the Docket Office (telephone 800–647– SUMMARY: The FAA is superseding an directive 2007–0056, dated March 1, 5527) is in the ADDRESSES existing airworthiness directive (AD) section. 2007 (referred to after this as ‘‘the Comments will be available in the AD that applies to certain British Aerospace MCAI’’), to ensure the continued docket shortly after receipt. (Jetstream) Model 4100 series airplanes. airworthiness of these airplanes in the The existing AD currently requires an FOR FURTHER INFORMATION CONTACT: European Union. eddy current conductivity test to Todd Thompson, Aerospace Engineer, International Branch, ANM–116, FAA’s Determination and Requirements measure the conductivity of the upper of This AD splice plate of the wing, and related Transport Airplane Directorate, FAA, investigative and corrective actions if 1601 Lind Avenue, SW., Renton, This product has been approved by necessary. This AD revises the Washington 98057–3356; telephone the aviation authority of another applicability to include additional (425) 227–1175; fax (425) 227–1149. country, and is approved for operation airplanes. This AD results from reports SUPPLEMENTARY INFORMATION: in the United States. Pursuant to our bilateral agreement with the State of of exfoliation corrosion of the upper Discussion splice plate of the wing. We are issuing Design Authority, we have been notified this AD to detect and correct such On August 11, 1998, the FAA issued of the unsafe condition described in the corrosion, which could result in AD 98–17–12, amendment 39–10714 (63 MCAI and service information reduced structural integrity of the FR 44371, August 19, 1998). That AD referenced above. We are proposing this airplane. applies to certain British Aerospace AD because we evaluated all pertinent (Jetstream) Model 4100 series airplanes. information and determined an unsafe DATES: This AD becomes effective That AD requires an eddy current condition exists and is likely to exist or March 13, 2009. conductivity test to measure the develop on other products of the same The Director of the Federal Register conductivity of the upper splice plate of type design. approved the incorporation by reference the wing, and follow-on actions if Therefore, we are issuing this AD to of certain publications as of March 13, necessary. That AD resulted from detect and correct such corrosion, 2009. issuance of mandatory continuing which could result in reduced structural On September 23, 1998 (63 FR 44371, airworthiness information from another integrity of the airplane. This new AD August 19, 1998), the Director of the civil airworthiness authority (British retains the requirements of the existing Federal Register approved the airworthiness directive 005–03–97). The AD, and revises the applicability to incorporation by reference of certain actions specified in AD 98–17–12 are include additional airplanes. other publications. intended to detect and correct corrosion Explanation of Additional Change to We must receive comments on this of the upper splice plate of the wing, Applicability AD by March 30, 2009. which could result in reduced structural ADDRESSES: You may send comments by integrity of the airplane. We have further revised the any of the following methods: applicability of the existing AD to • Federal eRulemaking Portal: Go to Actions Since AD Was Issued identify model designations as http://www.regulations.gov. Follow the Since we issued AD 98–17–12, the published in the most recent type instructions for submitting comments. European Aviation Safety Agency certificate data sheet for the affected • Fax: 202–493–2251. (EASA), which is the Technical Agent models.
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Clarification of Applicability 2006; and BAE Systems (Operations) interchangeable, in this AD we refer to Limited Service Bulletin J41–57–021, the applicability by ‘‘constructor’’ BAE Systems (Operations) Limited Revision 4, dated January 16, 2003; numbers. Service Bulletin J41–57–019, Revision 1, identify effectivity by ‘‘constructor’’ Costs of Compliance dated November 26, 1997; BAE Systems numbers, and the MCAI identifies its (Operations) Limited Service Bulletin applicability by ‘‘construction’’ The following table provides the J41–57–020, Revision 1, dated July 3, numbers. Since these terms are estimated costs to comply with this AD.
ESTIMATED COSTS FOR AD 98–17–12
Average labor Cost per U.S.-registered Action Work hours rate per hour airplane airplanes Fleet cost
Test ...... 1 $80 $80 7 $560
The airplanes added to the Authority for This Rulemaking List of Subjects in 14 CFR Part 39 applicability in this AD are not on the Title 49 of the United States Code Air transportation, Aircraft, Aviation U.S. Register; therefore, they are not specifies the FAA’s authority to issue safety, Incorporation by reference, directly affected by this AD action. No rules on aviation safety. Subtitle I, Safety. additional costs are imposed on U.S. Section 106, describes the authority of Adoption of the Amendment operators. However, we consider it the FAA Administrator. Subtitle VII, necessary to supersede this AD to add Aviation Programs, describes in more ■ these airplanes to ensure that the unsafe Accordingly, under the authority detail the scope of the Agency’s delegated to me by the Administrator, condition is addressed if a newly added authority. airplane is imported and placed on the the FAA amends 14 CFR part 39 as We are issuing this rulemaking under U.S. Register in the future. For those follows: the authority described in Subtitle VII, airplanes, the costs listed in the table Part A, Subpart III, Section 44701, PART 39—AIRWORTHINESS above would apply. ‘‘General requirements.’’ Under that DIRECTIVES FAA’s Determination of the Effective section, Congress charges the FAA with ■ Date promoting safe flight of civil aircraft in 1. The authority citation for part 39 air commerce by prescribing regulations continues to read as follows: No airplane affected by the new for practices, methods, and procedures Authority: 49 U.S.C. 106(g), 40113, 44701. requirements of this AD is currently on the Administrator finds necessary for the U.S. Register. Therefore, providing safety in air commerce. This regulation § 39.13 [Amended] notice and opportunity for public is within the scope of that authority ■ 2. The Federal Aviation comment is unnecessary before this AD because it addresses an unsafe condition is issued, and this AD may be made Administration (FAA) amends § 39.13 that is likely to exist or develop on by removing amendment 39–10714 (63 effective in less than 30 days after it is products identified in this rulemaking published in the Federal Register. FR 44371, August 19, 1998) and adding action. the following new AD: Comments Invited Regulatory Findings 2009–02–07 BAE Systems (Operations) This AD is a final rule that involves We have determined that this AD will Limited (Formerly British Aerospace requirements affecting flight safety, and not have federalism implications under Regional Aircraft): Amendment 39– 15797. Docket No. FAA–2009–0034; we did not provide you with notice and Executive Order 13132. This AD will Directorate Identifier 2007–NM–082–AD. an opportunity to provide your not have a substantial direct effect on comments before it becomes effective. the States, on the relationship between Effective Date However, we invite you to send any the national government and the States, (a) This AD becomes effective March 13, written data, views, or arguments about or on the distribution of power and 2009. this AD. Send your comments to an responsibilities among the various Affected ADs address listed under the ADDRESSES levels of government. (b) This AD supersedes AD 98–17–12. section. Include ‘‘Docket No. FAA– For the reasons discussed above, I 2009–0034; Directorate Identifier 2007– certify that the regulation: Applicability NM–082–AD’’ at the beginning of your 1. Is not a ‘‘significant regulatory (c) This AD applies to BAE Systems comments. We specifically invite action’’ under Executive Order 12866; (Operations) Limited Model Jetstream 4101 comments on the overall regulatory, 2. Is not a ‘‘significant rule’’ under the airplanes, certificated in any category; economic, environmental, and energy DOT Regulatory Policies and Procedures constructor’s numbers 41004 through 41096 inclusive and 41102 through 41104 inclusive. aspects of this AD. We will consider all (44 FR 11034, February 26, 1979); and comments received by the closing date 3. Will not have a significant Subject and may amend this AD because of economic impact, positive or negative, (d) Air Transport Association (ATA) of those comments. on a substantial number of small entities America Code 57: Wings. We will post all comments we under the criteria of the Regulatory Unsafe Condition receive, without change, to http:// Flexibility Act. (e) This AD results from reports of www.regulations.gov, including any We prepared a regulatory evaluation exfoliation corrosion of the upper splice plate personal information you provide. We of the estimated costs to comply with of the wing. We are issuing this AD to detect will also post a report summarizing each this AD and placed it in the AD docket. and correct such corrosion, which could substantive verbal contact we receive See the ADDRESSES section for a location result in reduced structural integrity of the about this AD. to examine the regulatory evaluation. airplane.
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Compliance International Aluminum and Copper March 20, 1997; or BAE Systems (Operations) (f) You are responsible for having the Standards (IACS), no further action is Limited Service Bulletin J41–57–020, actions required by this AD performed within required by this AD. Revision 1, dated July 3, 2006: Accomplish the compliance times specified, unless the (h) During the inspection required by the actions required by paragraphs (h)(1)(i) actions have already been done. paragraph (g) of this AD, if the conductivity and (h)(1)(ii) of this AD, at the times measurement is less than 35.0% of the IACS: specified in those paragraphs. Restatement of Requirements of AD 98–17– Prior to further flight, use a borescope to (i) Prior to further flight, repair the upper 12 perform a detailed visual inspection to detect splice plate of the wing in accordance with corrosion along the full length of the upper Appendix 2 of British Aerospace Regional Eddy Current Conductivity Test splice plate of the wing, in accordance with (g) For airplanes with constructor’s British Aerospace Regional Aircraft Service Aircraft Service Bulletin J41–57–020, dated numbers 41004 through 41096 inclusive: Bulletin J41–57–020, dated March 20, 1997; March 20, 1997; or BAE Systems (Operations) Within 6 months after September 23, 1998 or BAE Systems (Operations) Limited Service Limited Service Bulletin J41–57–020, (the effective date of AD 98–17–12), perform Bulletin J41–57–020, Revision 1, dated July Revision 1, dated July 3, 2006. And an eddy current conductivity test to measure 3, 2006. Thereafter, repeat the inspection at (ii) Within 3 years after the detection of the conductivity of the upper splice plate of intervals not to exceed 1 year. corrosion, replace the upper splice plate of the wing, in accordance with British (1) During any inspection required by the wing with a new upper splice plate in Aerospace Regional Aircraft Service Bulletin paragraph (g) of this AD, if any corrosion is accordance with the applicable service J41–57–019, Revision 1, dated November 26, detected that is within the allowable limits bulletin identified in Table 1 of this AD. 1997. If the conductivity measurement is specified in British Aerospace Regional Such replacement constitutes terminating greater than or equal to 35.0% of the Aircraft Service Bulletin J41–57–020, dated action for the requirements of this AD.
TABLE 1—SERVICE BULLETINS
Service bulletin Revision level Date
British Aerospace Regional Aircraft Service Bulletin J41–57–020 ...... Original ...... March 20, 1997. BAE Systems (Operations) Limited Service Bulletin J41–57–020 ...... 1 ...... July 3, 2006. British Aerospace Regional Aircraft Service Bulletin J41–57–021 ...... Original ...... May 7, 1998. BAE Systems (Operations) Limited Service Bulletin J41–57–021 ...... 4 ...... January 16, 2003.
(2) During any inspection required by method approved by the Manager, requirements of paragraph (h)(1)(ii) of this paragraph (h) of this AD, if any corrosion is International Branch, ANM–116, FAA, AD, if done before the effective date of this detected that is outside the allowable limits Transport Airplane Directorate. AD in accordance with any service bulletin specified in British Aerospace Regional New Requirements of This AD identified in Table 2 of this AD. Aircraft Service Bulletin J41–57–020, dated March 20, 1997; or BAE Systems (Operations) Replacement According to Previous Issue of Limited Service Bulletin J41–57–020, Service Bulletin Revision 1, dated July 3, 2006: Prior to (i) Replacement of the upper splice plate is further flight, repair in accordance with a also acceptable for compliance with the
TABLE 2—SERVICE BULLETINS
BAE Systems (operations) limited service bulletin Revision level Date
J41–57–021 ...... 1 ...... May 26, 2000. J41–57–021 ...... 2 ...... November 2, 2001. J41–57–021 ...... 3 ...... August 9, 2002.
(j) For airplanes with construction numbers for this AD, if requested using the procedures Related Information 41102 through 41104 inclusive: Do the found in 14 CFR 39.19. Send information to (l) EASA Airworthiness Directive 2007– actions specified in paragraph (g) of this AD ATTN: Todd Thompson, Aerospace within 6 months after the effective date of Engineer, International Branch, ANM–116, 0056, dated March 1, 2007, also addresses the this AD, in accordance with British Transport Airplane Directorate, FAA, 1601 subject of this AD. Aerospace Regional Aircraft Service Bulletin Lind Avenue, SW., Renton, Washington Material Incorporated by Reference J41–57–019, Revision 1, dated November 26, 98057–3356; telephone (425) 227–1175; fax 1997. And do all applicable actions at the (425) 227–1149. Before using any approved (m) You must use the applicable service applicable times as specified in paragraph (h) AMOC on any airplane to which the AMOC bulletins identified in Table 4 of this AD to of this AD. applies, notify your principal maintenance perform the actions that are required by this inspector (PMI) or principal avionics AD, unless the AD specifies otherwise. BAE Alternative Methods of Compliance inspector (PAI), as appropriate, in the FAA (AMOCs) Systems (Operations) Limited Service Flight Standards District Office (FSDO), or Bulletin J41–57–021, Revision 4, dated (k) The Manager, International Branch, lacking a principal inspector, your local January 16, 2003, has the following effective ANM–116, Transport Airplane Directorate, FSDO. The AMOC approval letter must FAA, has the authority to approve AMOCs specifically reference this AD. pages:
Revision level shown Page No. on page Date shown on page
1, 4, 79–83 ...... 4 ...... January 16, 2003. 2, 3, 5–78 ...... 3 ...... August 9, 2002.
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(1) The Director of the Federal Register Revision 4, dated January 16, 2003; in reference of British Aerospace Regional approved the incorporation by reference of accordance with 5 U.S.C. 552(a) and 1 CFR Aircraft Service Bulletins identified in Table BAE Systems (Operations) Limited Service part 51. 3 of this AD. Bulletin J41–57–020, Revision 1, dated July (2) On September 23, 1998 (63 FR 44371, 3, 2006; and BAE Systems (Operations) August 19, 1998), the Director of the Federal Limited Service Bulletin J41–57–021, Register approved the incorporation by
TABLE 3—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE
Service bulletin Revision level Date
J41–57–019 ...... 1 ...... November 26, 1997. J41–57–020 ...... Original ...... March 20, 1997. J41–57–021 ...... Original ...... May 7, 1998.
(3) For service information identified in (4) You may review copies of the service (5) You may also review copies of the this AD, contact BAE Systems Regional information that is incorporated by reference service information at the National Archives Aircraft, 13850 Mclearen Road, Herndon, at the FAA, Transport Airplane Directorate, and Records Administration (NARA). For Virginia 20171; telephone 703–736–1080; e- 1601 Lind Avenue, SW., Renton, information on the availability of this material at NARA, call 202–741–6030, or go mail [email protected]; Internet Washington. For information on the _ http://www.baesystems.com/Businesses/ availability of this material at the FAA, call to http://www.archives.gov/federal register/ code_of_federal_regulations/ RegionalAircraft/index.htm. 425–227–1221 or 425–227–1152. ibr_locations.html.
TABLE 4—ALL MATERIAL INCORPORATED BY REFERENCE
Service bulletin Revision level Date
BAE Systems (Operations) Limited Service Bulletin J41–57–020 ...... 1 ...... July 3, 2006. BAE Systems (Operations) Limited Service Bulletin J41–57–021 ...... 4 ...... January 16, 2003. British Aerospace Regional Aircraft Service Bulletin J41–57–019 ...... 1 ...... November 26, 1997. British Aerospace Regional Aircraft Service Bulletin J41–57–020 ...... Original ...... March 20, 1997. British Aerospace Regional Aircraft Service Bulletin J41–57–021 ...... Original ...... May 7, 1998.
Issued in Renton, Washington, on January This AD results from the engine SUPPLEMENTARY INFORMATION: The FAA 9, 2009. manufacturer issuing new service proposed to amend 14 CFR part 39 with Stephen P. Boyd, information. We are issuing this AD to a proposed AD. The proposed AD Assistant Manager, Transport Airplane prevent the forward and aft centerbody applies to (GE) CF6–45 and CF6–50 Directorate, Aircraft Certification Service. of the LFCEN assembly from separating series turbofan engines. We published [FR Doc. E9–3782 Filed 2–25–09; 8:45 am] due to high imbalance engine the proposed AD in the Federal Register BILLING CODE 4910–13–P conditions, leading to damage to the on January 2, 2008, (73 FR 77). That airplane. action proposed to require replacing the DATES: This AD becomes effective April centerbodies with centerbodies that DEPARTMENT OF TRANSPORTATION 2, 2009. The Director of the Federal were modified using the Accomplishment Instructions, Section Federal Aviation Administration Register approved the incorporation by reference of certain publications listed 3, of GE SB No. CF6–50 S/B 78–0244, in the regulations as of April 2, 2009. dated July 30, 2007, within 42 months 14 CFR Part 39 of the effective date of the proposed AD. ADDRESSES: You can get the service [Docket No. FAA–2006–24145; Directorate information identified in this AD from Identifier 2006–NE–06–AD; Amendment 39– Examining the AD Docket 15823; AD 2009–04–17] General Electric Company via GE- Aviation, Attn: Distributions, 111 You may examine the AD docket on RIN 2120–AA64 Merchant St., Room 230, Cincinnati, the Internet at http:// Ohio 45246, telephone (513) 552–3272; www.regulations.gov; or in person at the Airworthiness Directives; General fax (513) 552–3329. Docket Operations office between 9 a.m. Electric Company CF6–45 and CF6–50 The Docket Operations office is and 5 p.m., Monday through Friday, Series Turbofan Engines located at the Docket Management except Federal holidays. The AD docket AGENCY: Federal Aviation Facility, U.S. Department of contains this AD, the regulatory Administration (FAA), Department of Transportation, 1200 New Jersey evaluation, any comments received, and Transportation (DOT). Avenue, SE., West Building Ground other information. The street address for Floor, Room W12–140, Washington, DC the Docket Operations office (telephone ACTION: Final rule. 20590–0001. (800) 647–5527) is provided in the SUMMARY: The FAA is adopting a new FOR FURTHER INFORMATION CONTACT: ADDRESSES section. Comments will be airworthiness directive (AD) for General Robert Green, Aerospace Engineer, available in the AD docket shortly after Electric Company (GE) CF6–45 and Engine Certification Office, FAA, Engine receipt. CF6–50 series turbofan engines. This & Propeller Directorate, 12 New England Comments AD requires replacing certain forward Executive Park, Burlington, MA 01803; and aft centerbodies of the long fixed e-mail: [email protected]; telephone We provided the public the core exhaust nozzle (LFCEN) assembly. (781) 238–7754; fax (781) 238–7199. opportunity to participate in the
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development of this AD. We have rivet locking collar is designed as a Conclusion considered the comments received. positive security device that forms the We have carefully reviewed the Requests To Allow Credit for Rework rivet sleeve into the locking stem, available data, including the comments Performed Using GE Service Bulletin thereby promoting joint integrity while received, and determined that air safety CF6–50 S/B 78–0242 in service. The commenter states the and the public interest require adopting P/N NAS1398 rivet doesn’t offer this the AD with the changes described Two commenters, Atlas Air and feature, and the lock has a tendency to previously. We have determined that Evergreen International Airlines, asked release in service. The commenter these changes will neither increase the us to allow credit for rework performed further notes the P/N NAS9307 rivet economic burden on any operator nor using GE Service Bulletin (SB) CF6–50 design provides a more consistent increase the scope of the AD. S/B 78–0242, dated September 26, 2005. installation with visual confirmation of The commenters state the original issue Costs of Compliance an acceptable mechanical fit. Previous and later revision of GE SB CF6–50 S/ experience with P/N NAS1398 rivets We estimate that this AD will affect B 78–0244 state in Section 1, Planning would often result in inspectors not 379 GE CF6–45 and CF6–50 series Information, that forward and aft turbofan engines installed on airplanes centerbody assemblies reworked in accepting rivet installation due to misplaced locking collars. The resulting of U.S. registry. We also estimate that it accordance with GE SB CF6–50 S/B 78– will take about 44 work hours per 0242, meet the requirement of the GE removal increased the tendency for an oversized rivet hole. In this particular engine to perform the actions, and that SB. the average labor rate is $80 per work We agree. The rework defined by GE GE SB CF6–50 S/B 78–0244 application, there exists no tolerance for oversizing hour. Required parts would cost about SB CF6–50 S/B 78–0242 meets the $11,000 per engine. Based on these the hole and installing a larger rivet. requirements of GE SB CF6–50 S/B 78– figures, we estimate the total cost of this The first article assembly effectively 0244, Revision 1. Also, there might be AD to U.S. operators to be $2,802,360. forward and aft centerbody assemblies used the P/N NAS9307 rivet in this that have been reworked using the application. Authority for This Rulemaking original issue of GE SB CF6–50 S/B 78– We don’t agree. GE states the P/N Title 49 of the United States Code 0244, which is acceptable. We have NAS9307 rivet doesn’t offer a 0.094- specifies the FAA’s authority to issue added references to GE SB CF6–50 S/B inch diameter option that is consistent rules on aviation safety. Subtitle I, 78–0244, dated July 30, 2007, and GE with the existing repair. The proposed Section 106, describes the authority of SB CF6–50 S/B 78–0242, dated P/N NAS9307M–4–0X rivet size (0.125- the FAA Administrator. Subtitle VII, September 26, 2005, to paragraph (f) of inch diameter) would work in this Aviation Programs, describes in more this AD. configuration, but the repair area might detail the scope of the Agency’s Request To Add GE SB CF6–50 S/B 78– not accommodate the next higher, P/N authority. 0244, Revision 1, Dated March 13, 2008 NAS9307M–5–0X rivet size (0.165-inch We are issuing this rulemaking under to the AD Compliance Section diameter), precluding oversized rivet the authority described in Subtitle VII, holes or future repairs. GE further notes Part A, Subpart III, Section 44701, Two commenters, GE Aviation and ‘‘General requirements.’’ Under that Boeing Commercial Airplane Services, the spindle material of the P/N NAS9307 rivet might be made of PH15– section, Congress charges the FAA with ask us to reference SB CF6–50 S/B 78– promoting safe flight of civil aircraft in 0244, Revision 1, dated March 13, 2008, 7 corrosion resistant steel. The P/N PH15–7 material doesn’t offer the same air commerce by prescribing regulations in the compliance section of the for practices, methods, and procedures proposed AD. The commenters state corrosion resistance in an exhaust environment as the A386 spindle the Administrator finds necessary for that operators cannot get the rivets safety in air commerce. This regulation material used in the P/N NAS1398 identified in Section 2. Material is within the scope of that authority rivets. We didn’t change the Regulatory Information, paragraph A. (1) of the because it addresses an unsafe condition text. original issue of GE SB CF6–50 S/B 78– that is likely to exist or develop on 0244. Those rivets are part numbers Request To Remove the KC–10A products identified in this rulemaking (P/Ns) NAS1398M3–2 and NAS Airplane From the ‘‘Used on’’ Section action. 1398M3–3. GE identified alternative of Paragraph (c) of the Proposed AD rivets P/Ns NAS13984–2 and Regulatory Findings NAS13984–3 in SB CF6–50 S/B 78– One commenter, Boeing Commercial We have determined that this AD will 0244, Revision 1, dated March 13, 2008. Airplane Services, asks us to remove the not have federalism implications under We agree. We have changed GE SB reference to the KC–10A airplane from Executive Order 13132. This AD will CF6–50 S/B 78–0244, dated July 30, the ‘‘used on but not limited to’’ not have a substantial direct effect on 2007, to GE SB CF6–50 S/B 78–0244, sentence in paragraph (c) of the the States, on the relationship between Revision 1, dated March 13, 2008, in the proposed AD. Boeing states the KC–10A the national government and the States, regulatory text. doesn’t use the LFCEN configuration. or on the distribution of power and responsibilities among the various Recommendation To Use Rivet P/N We agree. We supply the ‘‘used on, levels of government. NAS9307 as an Alternative to P/Ns but not limited to’’ list of airplanes in NAS13984–2 and NAS13984–3 For the reasons discussed above, I paragraph (c) of the proposed AD to aid certify that this AD: One commenter, Nordam Prism, operators and users in identifying if (1) Is not a ‘‘significant regulatory recommends we allow using alternative their airplane might use the affected action’’ under Executive Order 12866; rivets, P/N NAS9307, for installing the engines. Since the list is for information (2) Is not a ‘‘significant rule’’ under forward centerbody forward doubler. only, we are not expanding the scope of DOT Regulatory Policies and Procedures The commenter suggests the P/N the proposed AD by adding or removing (44 FR 11034, February 26, 1979); and NAS9307 rivet is more reliable than the any airframe. We removed the KC–10A (3) Will not have a significant specified P/N NAS1398 rivet. The from the ‘‘installed on but not limited economic impact, positive or negative, commenter states the P/N NAS9307 to’’ sentence in paragraph (c) of this AD. on a substantial number of small entities
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under the criteria of the Regulatory (f) Replace the forward centerbody, P/N related investigative actions and Flexibility Act. 1313M55G01 or G02, P/N 9076M28G09 or corrective actions if necessary. The We prepared a summary of the costs G10, and aft centerbody, P/N 1313M56G01 or existing AD also provides an optional to comply with this AD and placed it in 9076M46G05 with a forward and aft terminating modification for the centerbody that have been modified using the AD Docket. You may get a copy of with the Accomplishment Instructions, repetitive related investigative actions. this summary at the address listed Section 3, of GE Service Bulletin No. CF6– This new AD mandates the optional under ADDRESSES. 50 S/B 78–0244, Revision 1, dated March 13, terminating modification. This AD List of Subjects in 14 CFR Part 39 2008, CF6–50 S/B 78–0244, dated July 30, results from a report of cracked fastener 2007, or CF6–50 S/B 78–0242, dated holes at the right S–6 lap splice between Air transportation, Aircraft, Aviation September 26, 2005. STA 340 and STA 380. We are issuing safety, Safety. Alternative Methods of Compliance this AD to prevent cracking in the Adoption of the Amendment (g) The Manager, Engine Certification fuselage skin, which could result in rapid decompression and loss of ■ Office, has the authority to approve Accordingly, under the authority alternative methods of compliance for this structural integrity of the airplane. delegated to me by the Administrator, AD if requested using the procedures found DATES: This AD becomes effective April the Federal Aviation Administration in 14 CFR 39.19. 2, 2009. amends 14 CFR part 39 as follows: Related Information On May 20, 2008 (73 FR 29042, May 20, 2008), the Director of the Federal PART 39—AIRWORTHINESS (h) Contact Robert Green, Aerospace DIRECTIVES Engineer, Engine Certification Office, FAA, Register approved the incorporation by Engine & Propeller Directorate, 12 New reference of Boeing Alert Service ■ 1. The authority citation for part 39 England Executive Park, Burlington, MA Bulletin 747–53A2748, dated May 9, continues to read as follows: 01803; e-mail: [email protected]; 2008. telephone (781) 238–7754; fax (781) 238– Authority: 49 U.S.C. 106(g), 40113, 44701. ADDRESSES: For service information 7199, for more information about this AD. identified in this AD, contact Boeing § 39.13 [Amended] Material Incorporated by Reference Commercial Airplanes, P.O. Box 3707, ■ 2. The FAA amends § 39.13 by adding (i) None. Seattle, Washington 98124–2207; the following new airworthiness Issued in Burlington, Massachusetts, on telephone 206–544–9990; fax 206–766– directive: February 12, 2009. 5682; e-mail [email protected]; 2009–04–17 General Electric Company: Francis A. Favara, Internet https:// Amendment 39–15823. Docket No. Manager, Engine and Propeller Directorate, www.myboeingfleet.com. FAA–2006–24145; Directorate Identifier Aircraft Certification Service. 2006–NE–06–AD. Examining the AD Docket [FR Doc. E9–3615 Filed 2–25–09; 8:45 am] Effective Date You may examine the AD docket on BILLING CODE 4910–13–P the Internet at http:// (a) This airworthiness directive (AD) www.regulations.gov; or in person at the becomes effective April 2, 2009. Docket Management Facility between 9 DEPARTMENT OF TRANSPORTATION Affected ADs a.m. and 5 p.m., Monday through (b) None. Federal Aviation Administration Friday, except Federal holidays. The AD docket contains this AD, the regulatory Applicability 14 CFR Part 39 evaluation, any comments received, and (c) This AD applies to General Electric other information. The address for the Company (GE) CF6–45A, CF6–45A2, CF6– [Docket No. FAA–2008–1006; Directorate 50A, CF6–50C, CF6–50CA, CF6–50C1, CF6– Docket Office (telephone 800–647–5527) Identifier 2008–NM–110–AD; Amendment is the Document Management Facility, 50C2, CF6–50C2B, CF6–50C2D, CF6–50E, 39–15822; AD 2009–04–16] CF6–50E1, CF6–50E2, and CF6–50E2B series U.S. Department of Transportation, turbofan engines with a long fixed core RIN 2120–AA64 Docket Operations, M–30, West exhaust nozzle (LFCEN) assembly forward Building Ground Floor, Room W12–140, centerbody, part number (P/N) 1313M55G01 Airworthiness Directives; Boeing 1200 New Jersey Avenue, SE., or G02, P/N 9076M28G09 or G10, and aft Model 747–100, 747–100B, 747–200B, Washington, DC 20590. centerbody P/N 1313M56G01 or 747–200C, 747–200F, 747–300, 747SR, FOR FURTHER INFORMATION CONTACT: Ivan 9076M46G05, installed. These engines are and 747SP Series Airplanes installed on, but not limited to, Airbus A300 Li, Aerospace Engineer, Airframe series, Boeing 747 series, McDonnell Douglas AGENCY: Federal Aviation Branch, ANM–120S, FAA, Seattle DC–10 series, and DC–10–30F (KDC–10) Administration (FAA), Department of Aircraft Certification Office, 1601 Lind airplanes. Transportation (DOT). Avenue, SW., Renton, Washington Unsafe Condition ACTION: Final rule. 98057–3356; telephone (425) 917–6437; fax (425) 917–6590. (d) This AD results from reports of SUMMARY: The FAA is superseding an separation of LFCEN assembly forward and SUPPLEMENTARY INFORMATION: existing airworthiness directive (AD), aft centerbodies due to high imbalance Discussion engine conditions. This AD results from the which applies to certain Boeing Model GE issuing new service information. We are 747–100, 747–100B, 747–200B, 747– The FAA issued a notice of proposed issuing this AD to prevent the forward and 200C, 747–200F, 747–300, 747SR, and rulemaking (NPRM) to amend 14 CFR aft centerbody of the LFCEN assembly from 747SP series airplanes. That AD part 39 to include an AD that separating due to high imbalance engine currently requires an inspection to supersedes AD 2008–10–15, amendment conditions, leading to damage to the airplane. determine if acceptable external skin 39–15522 (73 FR 29042, May 20, 2008). Compliance doublers are installed at the stringer 6 The existing AD applies to certain (e) You are responsible for having the (S–6) lap splices, between station (STA) Boeing Model 747–100, 747–100B, 747– actions required by this AD performed within 340 and STA 400. For airplanes without 200B, 747–200C, 747–200F, 747–300, 42 months after the effective date of this AD, the acceptable external skin doublers, 747SR, and 747SP series airplanes. That unless the actions have already been done. the existing AD also requires repetitive NPRM was published in the Federal
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Register on September 23, 2008 (73 FR because it addresses an unsafe condition Applicability 54755). That NPRM proposed to that is likely to exist or develop on (c) This AD applies to Boeing Model 747– continue to require an inspection to products identified in this rulemaking 100, 747–100B, 747–200B, 747–200C, 747– determine if acceptable external skin action. 200F, 747–300, 747SR, and 747SP series doublers are installed at the stringer 6 airplanes, certificated in any category; as Regulatory Findings (S–6) lap splices, between station (STA) identified in Boeing Alert Service Bulletin 747–53A2748, dated May 9, 2008. 340 and STA 400. For airplanes without We have determined that this AD will the acceptable external skin doublers, not have federalism implications under Unsafe Condition that NPRM also proposed to continue to Executive Order 13132. This AD will (d) This AD results from a report of cracked require repetitive related investigative not have a substantial direct effect on fastener holes at the right stringer 6 (S–6) lap actions and corrective actions if the States, on the relationship between splice between station (STA) 340 and STA necessary. That NPRM also proposed to the national government and the States, 380. We are issuing this AD to prevent require a previously optional or on the distribution of power and cracking in the fuselage skin, which could terminating modification for the result in rapid decompression and loss of responsibilities among the various structural integrity of the airplane. repetitive related investigative actions. levels of government. Compliance Comments For the reasons discussed above, I certify that this AD: (e) You are responsible for having the We provided the public the (1) Is not a ‘‘significant regulatory actions required by this AD performed within opportunity to participate in the the compliance times specified, unless the action’’ under Executive Order 12866; development of this AD. We have actions have already been done. (2) Is not a ‘‘significant rule’’ under considered the single comment that has Requirements of AD 2008–10–15 been received on the NPRM. The DOT Regulatory Policies and Procedures commenter, Boeing, concurs with the (44 FR 11034, February 26, 1979); and Service Bulletin Reference Paragraph NPRM. (3) Will not have a significant (f) The term ‘‘alert service bulletin,’’ as economic impact, positive or negative, used in this AD, means the Accomplishment Conclusion on a substantial number of small entities Instructions of Boeing Alert Service Bulletin We have carefully reviewed the under the criteria of the Regulatory 747–53A2748, dated May 9, 2008. available data, including the comment Flexibility Act. Inspection for Acceptable External Skin that has been received, and determined We prepared a regulatory evaluation Doublers that air safety and the public interest of the estimated costs to comply with (g) For airplanes identified as Group 1, require adopting the AD as proposed. this AD and placed it in the AD docket. Configuration 2, in Boeing Alert Service Bulletin 747–53A2748, dated May 9, 2008: At Costs of Compliance See the ADDRESSES section for a location to examine the regulatory evaluation. the latest of the times specified in paragraphs The inspection for acceptable external (g)(1), (g)(2), and (g)(3) of this AD, do an skin doublers that is required by AD List of Subjects in 14 CFR Part 39 external general visual inspection to determine if acceptable external skin 2008–10–15 and retained in this AD Air transportation, Aircraft, Aviation takes about 2 work hours per airplane, doublers are installed at the left- and right- safety, Incorporation by reference, side S–6 lap splices, in accordance with Part at an average labor rate of $80 per work Safety. 1 of the alert service bulletin. hour. Based on these figures, the (1) Prior to the accumulation of 10,000 estimated cost of the inspection for U.S. Adoption of the Amendment total flight cycles. operators is $27,840, or $160 per (2) Within 8,000 flight cycles after a airplane. ■ Accordingly, under the authority modification was done in accordance with The cost for the terminating action delegated to me by the Administrator, Boeing Service Bulletin 747–53–2253. depends on the results of the the FAA amends 14 CFR part 39 as (3) Within 15 days or 100 flight cycles after inspections. Therefore, we cannot follows: May 20, 2008 (the effective date of AD 2008– calculate those costs because we do not 10–15), whichever occurs first. PART 39—AIRWORTHINESS know what doubler conditions operators Acceptable External Skin Doublers Found at DIRECTIVES will find. Both Sides Authority for This Rulemaking ■ 1. The authority citation for part 39 (h) If, during the inspection required by continues to read as follows: paragraph (g) of this AD, acceptable external Title 49 of the United States Code skin doublers in accordance with the alert specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. service bulletin are found installed at both the left- and right-side S–6 lap splices, no rules on aviation safety. Subtitle I, § 39.13 [Amended] Section 106, describes the authority of further work is required by this AD. ■ the FAA Administrator. Subtitle VII, 2. The Federal Aviation Acceptable External Skin Doublers Not Aviation Programs, describes in more Administration (FAA) amends § 39.13 Found—Repetitive Related Investigative detail the scope of the Agency’s by removing amendment 39–15522 (73 Actions and Corrective Actions authority. FR 29042, May 20, 2008) and by adding (i) If, during the inspection required by We are issuing this rulemaking under the following new airworthiness paragraph (g) of this AD, acceptable external the authority described in Subtitle VII, directive (AD): skin doublers in accordance with alert Part A, Subpart III, Section 44701, 2009–04–16 Boeing: Amendment 39–15822. service bulletin are not found installed at ‘‘General requirements.’’ Under that Docket No. FAA–2008–1006; Directorate either the left- or right-side S–6 lap splice: section, Congress charges the FAA with Identifier 2008–NM–110–AD. Before further flight, do all applicable related promoting safe flight of civil aircraft in investigative and corrective actions by doing Effective Date all actions specified in Part 2 of the alert air commerce by prescribing regulations (a) This AD becomes effective April 2, service bulletin. Repeat the applicable related for practices, methods, and procedures 2009. investigative actions thereafter at intervals the Administrator finds necessary for not to exceed 300 flight cycles until the safety in air commerce. This regulation Affected ADs modification specified in paragraph (j) of this is within the scope of that authority (b) This AD supersedes AD 2008–10–15. AD is done.
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New Requirement of This AD Material Incorporated by Reference DATES: Effective Date: 0901 UTC, May 7, Terminating Modification (l) You must use Boeing Alert Service 2009. The Director of the Federal Bulletin 747–53A2748, dated May 9, 2008, to Register approves this incorporation by (j) If, during the inspection required by do the actions required by this AD, unless the reference action under 1 CFR part 51, paragraph (g) of this AD, acceptable external AD specifies otherwise. skin doublers as specified in the alert service subject to the annual revision of FAA (1) The Director of the Federal Register Order 7400.9 and publication of bulletin are not found installed at either the previously approved the incorporation by left- or right-side S–6 lap splice: Within 3,000 reference of Boeing Alert Service Bulletin conforming amendments. flight cycles after doing the initial related 747–53A2748, dated May 9, 2008, on May 20, FOR FURTHER INFORMATION CONTACT: Ken investigative actions in paragraph (i) of this 2008 (73 FR 29042, May 20, 2008). McElroy, Airspace and Rules Group, AD, or within 300 flight cycles after the (2) For service information identified in Office of System Operations Airspace effective date of this AD, whichever occurs this AD, contact Boeing Commercial later, install acceptable external skin and AIM, Federal Aviation Airplanes, P.O. Box 3707, Seattle, Administration, 800 Independence doublers at both the left- and right-side S–6 Washington 98124–2207; telephone 206– lap splices, as applicable. The installation of 544–9990; fax 206–766–5682; e-mail Avenue, SW., Washington, DC 20591; the acceptable skin doublers is required on [email protected]; Internet https:// telephone: (202) 267–8783. the side of the airplane that does not have the www.myboeingfleet.com. SUPPLEMENTARY INFORMATION: acceptable doublers already. The installation (3) You may review copies of the service includes doing an open-hole high-frequency information that is incorporated by reference Background eddy current (HFEC) inspection of the skin at the FAA, Transport Airplane Directorate, During an airspace review conducted for cracking, and trimming out cracking as 1601 Lind Avenue, SW., Renton, applicable. Do all actions in accordance with Washington. For information on the Guam ARTCC personnel it was the alert service bulletin. Doing this availability of this material at the FAA, call determined that the Class D airspace installation terminates the repetitive related 425–227–1221 or 425–227–1152. descriptions in their area of investigative actions required by paragraph (4) You may also review copies of the responsibility were outdated and (i) of this AD. service information at the National Archives required revision. They are editorial Note 1: The alert service bulletin refers to and Records Administration (NARA). For revisions to reflect name changes and to Boeing Service Bulletins 747–53–2253, information on the availability of this update airport reference point Revision 3, dated March 24, 1994; and 747– material at NARA, call 202–741–6030, or go coordinates. This change does not affect 53–2272, Revision 18, dated May 16, 2002; as to: http://www.archives.gov/federal_register/ additional sources of service information for code_of_federal_regulations/ the current area boundaries, altitudes, or accomplishment of the modification ibr_locations.html. the times of designation. Class D Airspace descriptions are (installation of acceptable external skin Issued in Renton, Washington, on February doublers). 2, 2009. published in paragraph 5000 of FAA Note 2: AD 90–06–06, amendment 39– Ali Bahrami, Order 7400.9S signed October 3, 2008, and effective October 31, 2008, which is 6490, requires, among other actions, a Manager, Transport Airplane Directorate, modification as specified in Boeing Service Aircraft Certification Service. incorporated by reference in 14 CFR 71.1. The Class D Airspace descriptions Bulletin 747–53–2253, dated December 14, [FR Doc. E9–3616 Filed 2–25–09; 8:45 am] 1984. listed in this document will be BILLING CODE 4910–13–P Note 3: AD 90–23–14, amendment 39– published subsequently in the Order. 6801, requires inspections as specified in The Rule Boeing Service Bulletin 747–53–2253, DEPARTMENT OF TRANSPORTATION Revision 2, dated March 29, 1990. This action amends Title 14 Code of Federal Aviation Administration Federal Regulations (14 CFR) part 71 by Alternative Methods of Compliance revising the description of Guam Island (AMOCs) 14 CFR Part 71 Anderson AFB, and Guam International (k)(1) The Manager, Seattle Aircraft Airport, by inserting the city name into Certification Office (ACO), FAA, ATTN: Ivan [Docket No. FAA–2008–0861; Airspace each Class D airspace description. The Docket No. 08–AWP–8] Li, Aerospace Engineer, Airframe Branch, Saipan Island Class D airspace ANM–120S, FAA, Seattle ACO, 1601 Lind RIN 2120–AA66 Avenue, SW., Renton, Washington 98057– description is amended by removing reference to the Saipan RBN and to the 3356; telephone (425) 917–6437; fax (425) Amendment of Class D Airspace; 917–6590; has the authority to approve Airport Facility Directory. Additionally, AMOCs for this AD, if requested using the Anderson AFB, GU; Guam this action updates the airport reference procedures found in 14 CFR 39.19. International Airport, GU; and Saipan points. (2) To request a different method of International Airports, CQ The FAA has determined that this compliance or a different compliance time AGENCY: Federal Aviation regulation only involves an established for this AD, follow the procedures in 14 CFR Administration (FAA), DOT. body of technical regulations for which 39.19. Before using any approved AMOC on frequent and routine amendments are any airplane to which the AMOC applies, ACTION: Final rule. notify your appropriate principal inspector necessary to keep them operationally (PI) in the FAA Flight Standards District SUMMARY: This action amends the legal current. Therefore, this regulation: (1) Is Office (FSDO), or lacking a PI, your local descriptions for Anderson AFB, and the not a ‘‘significant regulatory action’’ FSDO. Guam and Saipan International under Executive Order 12866; (2) is not (3) An AMOC that provides an acceptable Airports. The Guam Air Route Traffic a ‘‘significant rule’’ under Department of level of safety may be used for any repair Control Center personnel conducted a Transportation (DOT) Regulatory required by this AD, if it is approved by an review of their airspace and determined Policies and Procedures (44 FR 11034; Authorized Representative for the Boeing that current airspace descriptions February 26, 1979); and (3) does not Commercial Airplanes Delegation Option needed to be updated. These are warrant preparation of a regulatory Authorization Organization who has been authorized by the Manager, Seattle ACO, to editorial revisions to reflect name evaluation as the anticipated impact is make those findings. For a repair method to changes and to update coordinates of so minimal. Since this is a routine be approved, the repair must meet the the facilities. The changes will not affect matter that will only affect air traffic certification basis of the airplane and the the current area boundaries, altitudes, or procedures and air navigation, it is approval must specifically refer to this AD. the times of designation. certified that this rule, when
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promulgated, will not have a significant AWP GU D Guam Island, GU [Remove] safety and management of SIAPs and for economic impact on a substantial Guam Island Andersen AFB, GU Instrument Flight Rule (IFR) operations number of small entities under the * * * * * to the airport. criteria of the Regulatory Flexibility Act. DATES: AWP GU D Andersen AFB, GU [New] Effective: 0901 UTC, February The FAA’s authority to issue rules 26, 2009. The Director of the Federal regarding aviation safety is found in Yigo, Andersen AFB, GU Register approves this incorporation by (Lat. 13°35′02″ N., long. 144°55′48″ E.) Title 49 of the United States Code. reference action under title 1, Code of Subtitle I, Section 106 describes the That airspace extending upward from the surface to and including 2,600 feet MSL Federal Regulations, part 51, subject to authority of the FAA Administrator. within a 4.3-mile radius of Andersen AFB. the annual revision of FAA Order Subtitle VII, Aviation Programs, * * * * * 7400.9 and publication of conforming describes in more detail the scope of the amendments. agency’s authority. AWP GU D Guam International Airport, This rulemaking is promulgated GU [Remove] FOR FURTHER INFORMATION CONTACT: under the authority described in Guam International Airport, GU Daryl Daniels, System Support Group, Eastern Service Center, Federal Aviation Subtitle VII, Part A, Subpart I, Section * * * * * 40103. Under that section, the FAA is Administration, P.O. Box 20636, charged with prescribing regulations to AWP GU D Guam International Airport, Atlanta, Georgia 30320; telephone (404) GU [New] assign the use of the airspace necessary 305–5581. Tiyan, Guam International Airport, GU to ensure the safety of aircraft and the ° ′ ″ ° ′ ″ SUPPLEMENTARY INFORMATION: efficient use of airspace. This regulation (Lat. 13 29 02 N., long. 144 47 50 E.) That airspace extending upward from the History is within the scope of that authority as surface to and including 2,600 feet MSL they are editorial revisions to reflect within a 4.3-mile radius of Guam On July 18, 2008, the FAA published name changes and updates the International Airport. a final rule in the Federal Register coordinates of the facilities. * * * * * removing Class E airspace at Halifax Environmental Review County Airport, Roanoke Rapids, NC, AWP CQ D Saipan Island, CQ [Amend] and establishing Class E airspace at the The FAA has determined that this Saipan International Airport, CQ new Halifax-Northampton Regional action qualifies for categorical exclusion (Lat. 15°07′08″ N., long. 145°43′46″ E.) Airport (73 FR 41255). The FAA has under the National Environmental That airspace extending upward from the learned that the effective date was surface to and including 2,700 feet MSL Policy Act in accordance with 311d., premature causing the removal of FAA Order 1050.1E, ‘‘Environmental within a 4.3-mile radius of Saipan International Airport. controlled airspace that is needed to Impacts: Policies and Procedures.’’ This support IFR operations at Halifax * * * * * airspace action is not expected to cause County Airport. This action restores that any potentially significant Issued in Washington, DC, February 18, controlled Class E airspace required for environmental impacts, and no 2009. IFR operations at Halifax County extraordinary circumstances exist that Paul Gallant, Airport. The Class E airspace that was warrant preparation of an Acting Manager, Airspace and Rules Group. established for the Halifax-Northampton environmental assessment. [FR Doc. E9–3904 Filed 2–25–09; 8:45 am] Regional Airport remains in effect, List of Subjects in 14 CFR Part 71 BILLING CODE 4910–13–P although the airport is not expected to become operational until around March Airspace, Incorporation by reference, 12, 2009. Designations for Class E Navigation (air). DEPARTMENT OF TRANSPORTATION airspace areas extending upward from Adoption of the Amendment 700 feet or more above the surface of the Federal Aviation Administration earth are published in FAA Order ■ In consideration of the foregoing, the 7400.9S, signed October 3, 2008, and Federal Aviation Administration 14 CFR Part 71 effective October 31, 2008, which is amends 14 CFR part 71 as follows: [Docket No. FAA–2008–1334; Airspace incorporated by reference in 14 CFR Docket No. 08–ASO–21] part 71.1. The Class E designations PART 71—DESIGNATION OF CLASS A, listed in this document will be B, C, D, AND E AIRSPACE AREAS; AIR Amendment of Class E Airspace; published subsequently in the Order. TRAFFIC SERVICE ROUTES; AND Roanoke Rapids, NC In consideration of the need to REPORTING POINTS AGENCY: Federal Aviation provide and resume immediate IFR ■ 1. The authority citation for 14 CFR Administration (FAA), DOT. operations at Halifax County Airport part 71 continues to read as follows: ACTION: Final rule. until its closure, to avoid confusion on the part of the pilots because of the Authority: 49 U.S.C. 106(g), 40103, 40113, SUMMARY: This action amends Class E dates of Chart publications in the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. Airspace at Roanoke Rapids, NC, to vicinity of Roanoke Rapids, NC, and to accommodate Standard Instrument be consistent with the FAA’s safety § 71.1 [Amended] Approach Procedures (SIAPs) at Halifax mandate when an unsafe condition ■ 2. The incorporation by reference in County Airport. The controlled airspace exists, the FAA finds that notice and 14 CFR 71.1 of the FAA Order 7400.9S, previously associated with this airport public procedure under 5 U.S.C. 553(b) Airspace Designations and Reporting was removed in anticipation of the are impracticable and contrary to the Points, signed October 3, 2008, and airport’s scheduled closure. The closure public interest, and finds good cause effective October 31, 2008 is amended of Halifax County Airport has been pursuant to 5 U.S.C. 553(d), for making as follows: delayed because the opening of its this imperative amendment effective in replacement, Halifax-Northampton less than 30 days to promote the safe Paragraph 5000 Class D airspace areas. Regional Airport, has been delayed. and efficient handling of air traffic in * * * * * Controlled airspace is necessary for the the area.
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The Rule § 71.1 [Amended] Register approves this incorporation by This amendment to Title 14, Code of ■ 2. The incorporation by reference in reference action under 1 CFR part 51, Federal Regulations (14 CFR) part 71 14 CFR 71.1 of Federal Aviation subject to the annual revision of FAA amends Class E airspace at Roanoke Administration Order 7400.9S, Airspace Order 7400.9 and publication of Rapids, NC, to provide additional Designations and Reporting Points, conforming amendments. controlled airspace required to support dated October 3, 2008, and effective FOR FURTHER INFORMATION CONTACT: Ken the SIAPs for Halifax County Airport, October 31, 2008, is amended as McElroy, Airspace and Rules Group, Roanoke Rapids, NC. follows: Office of System Operations Airspace The FAA has determined that this and AIM, Federal Aviation Paragraph 6005 Class E Airspace Areas regulation only involves an established Extending Upward From 700 Feet or More Administration, 800 Independence body of technical regulations for which Above the Surface of the Earth. Avenue, SW., Washington, DC 20591; frequent and routine amendments are telephone: (202) 267–8783. * * * * * necessary to keep them operationally SUPPLEMENTARY INFORMATION: current. It, therefore, (1) Is not a ASO NC E5 Roanoke Rapids, NC ‘‘significant regulatory action’’ under [AMENDED] Background Executive order 12866; (2) is not a Halifax-Northampton Regional Airport, NC On December 10, 2008, the FAA ‘‘significant rule’’ under DOT (Lat. 36°19′47″ N., long. 77°38′07″ W.) published in the Federal Register a Regulatory Policies and Procedures (44 Halifax County Airport, NC ° ′ ″ ° ′ ″ notice of proposed rulemaking (NPRM) FR 11034; February 26, 1979); and (3) (Lat. 36 26 23 N., long. 77 42 34 W.) to amend Class E Airspace in Guam and does not warrant preparation of a That airspace extending upward from 700 Saipan Island (73 FR 75011). Interested Regulatory Evaluation as the anticipated feet above the surface of the Earth within a parties were invited to participate in impact is so minimal. Since this is a 6.5-mile radius of Halifax-Northampton Regional Airport and that airspace within a this rulemaking effort by submitting routine matter that will only affect air 7.0-mile radius of Halifax County Airport. written comments on this proposal. No traffic procedures and air navigation, it comments were received in response to * * * * * is certified that this rule will not have the NPRM. a significant economic impact on a Issued in College Park, Georgia, on Class E airspace designations are substantial number of small entities February 19, 2009. published in paragraph 6005 of FAA under the criteria of the Regulatory Barry A. Knight, Order 7400.9S signed October 3, 2008, Flexibility Act. Acting Manager, Operations Support Group, and effective October 31, 2008, which is The FAA’s authority to issue rules Eastern Service Center, Air Traffic incorporated by reference in 14 CFR regarding aviation safety is found in Organization. 71.1. The Class E airspace designations Title 49 of the United States Code. [FR Doc. E9–4074 Filed 2–25–09; 8:45 am] listed in this document will be Subtitle I, Section 106 describes the BILLING CODE 4910–13–P published subsequently in the Order. authority of the FAA Administrator. Subtitle VII, Aviation Programs, The Rule describes in more detail the scope of the DEPARTMENT OF TRANSPORTATION The FAA is amending Title 14 Code agency’s authority. of Federal Regulations (14 CFR) part 71 This rulemaking is promulgated Federal Aviation Administration by modifying the Class E airspace at under the authority described in Guam and Saipan Islands. This action Subtitle VII, Part, A, Subpart I, Section 14 CFR Part 71 will revoke the Saipan Island Class E 40103. Under that section, the FAA is [Docket No. FAA–2008–0897; Airspace surface area since it is no longer charged with prescribing regulations to Docket No. 08–AWP–9] required for operations and expands assign the use of airspace necessary to controlled airspace to protect aircraft RIN 2120–AA66 ensure the safety of aircraft and the conducting instruments approaches to efficient use of airspace. This regulation Amendment of Class E Airspace; Saipan International airport. In addition is within the scope of that authority as Guam Island, GU, and Saipan Island, this action will remove, rename and it provides Class E airspace at Halifax CQ expand the Class E airspace areas County Airport, Roanoke Rapids, NC. serving Guam International Airport, AGENCY: Federal Aviation Lists of Subjects in 14 CFR Part 71 Anderson AFB, and renames Guam Administration (FAA), DOT. Island Class E airspace to Northern Airspace, Incorporation by reference, ACTION: Final rule. Mariana Islands Class E airspace. Navigation (Air). Controlled airspace is necessary to Adoption of the Amendment SUMMARY: This action removes, renames accommodate Instrument Flight Rules and expands the Class E airspace areas aircraft operations and enhances the ■ In consideration of the foregoing, the serving Guam International Airport, safety and management of aircraft Federal Aviation Administration Anderson AFB and Saipan Island. operations in the Northern Mariana amends 14 CFR part 71 as follows: Additionally, this action will revoke the Islands. Saipan Island Class E surface area since PART 71—DESIGNATION OF CLASS A, The FAA has determined that this it is no longer required, and expands regulation only involves an established CLASS B, CLASS C, CLASS D, AND other controlled airspace areas to CLASS E AIRSPACE AREAS; body of technical regulations for which protect aircraft conducting instrument frequent and routine amendments are AIRWAYS; ROUTES; AND REPORTING approaches to Saipan International POINTS necessary to keep them operationally Airport. The FAA is taking this action current. Therefore, this regulation: (1) Is ■ 1. The authority citation for part 71 to enhance the safety and management not a ‘‘significant regulatory action’’ continues to read as follows: of aircraft operations in the vicinity of under Executive Order 12866; (2) is not the Northern Mariana Islands. Authority: 49 U.S.C. 106(g); 40103, 40113, a ‘‘significant rule’’ under Department of 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– DATES: Effective Date: 0901 UTC, May 7, Transportation (DOT) Regulatory 1963 Comp., p. 389. 2009. The Director of the Federal Policies and Procedures (44 FR 11034;
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February 26, 1979); and (3) does not Points, signed October 3, 2008, and (Lat. 15°06′41″ N., long. 145°42′37″ E.) warrant preparation of a regulatory effective October 31, 2008, is amended That airspace extending upward from the evaluation as the anticipated impact is as follows: surface within a 4.3-mile radius of Saipan so minimal. Since this is a routine International Airport and within 3-miles Paragraph 6002 Class E Airspace north and 2-miles south of the Saipan NDB matter that will only affect air traffic Designated as Surface Areas. ° procedures and air navigation, it is 248 bearing, extending from the 4.3-mile * * * * * radius to 8.5-miles southwest of the NDB and certified that this rule, when within 3-miles each side of the Saipan NDB promulgated, will not have a significant AWP CQ E2 Saipan Island, CQ [Removed] 068° bearing extending from the 4.3-mile economic impact on a substantial * * * * * radius to 9-miles northeast of the NDB. number of small entities under the Paragraph 6004 Class E Airspace Areas * * * * * criteria of the Regulatory Flexibility Act. Designated as an Extension to a Class D Paragraph 6005 Class E Airspace Areas The FAA’s authority to issue rules Surface Area. regarding aviation safety is found in Extending Upward From 700 Feet or More * * * * * Title 49 of the United States Code. Above the Surface of the Earth. Subtitle I, Section 106 describes the AWP CQ E4 Saipan Island, CQ [Amended] * * * * * authority of the FAA Administrator. Saipan International Airport, CQ AWP GU E5 Guam Island, GU [Removed] ° ′ ″ ° ′ ″ Subtitle VII, Aviation Programs, (Lat. 15 07 08 N., long. 145 43 46 E.) * * * * * describes in more detail the scope of the Saipan NDB agency’s authority. (Lat. 15°06′41″ N., long. 145°42′37″ E.) AWP E5 Northern Mariana Islands [New] This rulemaking is promulgated That airspace extending upward from the Yigo, Andersen AFB, GU under the authority described in surface within a 4.3-mile radius of Saipan (Lat. 13°35′02″ N., long. 144°55′48″ E.) Subtitle VII, Part A, Subpart I, Section International Airport and within 3-miles Rota International Airport, CQ ° ′ ″ ° ′ ″ 40103. Under that section, the FAA is north and 2-miles south of the Saipan NDB (Lat. 14 10 28 N., long. 145 14 28 E.) 248° bearing, extending from the 4.3-mile charged with prescribing regulations to Saipan International Airport, CQ radius to 8.5-miles southwest of the NDB and (Lat. 15°07′08″ N., long. 145°43′46″ E.) assign the use of the airspace necessary within 3-miles each side of the Saipan NDB Tinian International Airport, CQ to ensure the safety of aircraft and the 068° bearing extending from the 4.3-mile (Lat. 14°59′57″ N., long. 145°37′10″ E.) efficient use of airspace. This regulation radius to 9-miles northeast of the NDB. Nimitz VORTAC is within the scope of that authority as * * * * * (Lat. 13°27′16″ N., long. 144°44′00″ E.) it establishes controlled airspace at Saipan NDB Guam and Saipan Islands. AWP GU E4 Guam Island, Agana NAS, GU (Lat. 15°06′41″ N., long. 145°42′37″ E.) [Removed] That airspace extending upward from 700 Environmental Review * * * * * feet above the surface within a 12-mile radius of Andersen AFB and within 12-miles each The FAA has determined that this AWP GU E4 Guam International Airport, side of the 245° bearing from Andersen AFB action qualifies for categorical exclusion GU [New] under the National Environmental extending from the 12-mile radius to 35 miles Tiyan, Guam International Airport, GU Policy Act in accordance with 311a., southwest of Andersen AFB and within an 8- (Lat. 13°29′02″ N., long. 144°47′50″ E.) mile radius of Rota International Airport and FAA Order 1050.1E, ‘‘Environmental Nimitz VORTAC within a 12-mile radius of Saipan Impacts: Policies and Procedures.’’ This (Lat. 13°27′16″ N., long. 144°44′00″ E.) International Airport and within a 7-mile airspace action is not expected to cause That airspace extending upward from the radius of the Tinian International Airport. any potentially significant surface within 2-miles each side of the That airspace extending upward from 1,200 environmental impacts, and no Nimitz VORTAC 245° radial, extending from feet above the surface within 100-mile radius extraordinary circumstances exist that the 4.3-mile radius of Guam International of the Nimitz VORTAC and within a 35-mile warrant preparation of an Airport to 5 miles southwest of the Nimitz radius of the Saipan NDB, excluding the environmental assessment. VORTAC. portion that coincides with W–517. * * * * * * * * * * List of Subjects in 14 CFR Part 71 Issued in Washington, DC, February 18, Airspace, Incorporation by reference, AWP GU E4 Guam Island, GU [Removed] * * * * * 2009. Navigation (air). Paul Gallant, Adoption of the Amendment AWP GU E4 Anderson AFB, GU [New] Acting Manager, Airspace and Rules Group. Yigo, Andersen AFB, GU [FR Doc. E9–3905 Filed 2–25–09; 8:45 am] ■ In consideration of the foregoing, the (Lat. 13°35′02″ N., long. 144°55′48″ E.) BILLING CODE 4910–13–P Federal Aviation Administration Tiyan, Guam International Airport, GU amends 14 CFR part 71 as follows: (Lat. 13°29′02″ N., long. 144°47′50″ E.) That airspace extending upward from the DEPARTMENT OF TRANSPORTATION PART 71—DESIGNATION OF CLASS A, surface within 3-miles each side of the 065° B, C, D, AND E AIRSPACE AREAS; AIR bearing from Andersen AFB extending from Federal Aviation Administration TRAFFIC SERVICE ROUTES; AND the 4.3-mile radius of Andersen AFB to 8.5- REPORTING POINTS miles northeast and that airspace within 2- miles north of and 3.5-miles south of the 245° 14 CFR Part 97 ■ 1. The authority citation for 14 CFR bearing from Andersen AFB, extending from [Docket No. 30651 Amdt. No. 3308] part 71 continues to read as follows: the 4.3-mile radius of the airport to 7.5-miles Authority: 49 U.S.C. 106(g), 40103, 40113, southwest of Andersen AFB, excluding the Standard Instrument Approach 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Guam International Airport Class D airspace Procedures, and Takeoff Minimums 1963 Comp., p. 389. area. and Obstacle Departure Procedures; * * * * * Miscellaneous Amendments § 71.1 [Amended] AWP CQ E4 Saipan Island, CQ [Amended] AGENCY: Federal Aviation ■ 2. The incorporation by reference in Saipan International Airport, CQ Administration (FAA), DOT. 14 CFR 71.1 of the FAA Order 7400.9S ° ′ ″ ° ′ ″ (Lat. 15 07 08 N., long. 145 43 46 E.) ACTION: Final rule. Airspace Designations and Reporting Saipan NDB
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SUMMARY: This establishes, amends, Technologies and Programs Divisions, Further, the SIAPs and Takeoff suspends, or revokes Standard Flight Standards Service, Federal Minimums and ODPS contained in this Instrument Approach Procedures Aviation Administration, Mike amendment are based on the criteria (SIAPs) and associated Takeoff Monroney Aeronautical Center, 6500 contained in the U.S. Standard for Minimums and Obstacle Departure South MacArthur Blvd., Oklahoma City, Terminal Instrument Procedures Procedures for operations at certain OK, 73169 (Mail Address: P.O. Box (TERPS). In developing these SIAPS and airports. These regulatory actions are 25082, Oklahoma City, OK 73125) Takeoff Minimums and ODPs, the needed because of the adoption of new Telephone: (405) 954–4164. TERPS criteria were applied to the or revised criteria, or because of changes SUPPLEMENTARY INFORMATION: This rule conditions existing or anticipated at the occurring in the National Airspace amends Title 14 of the Code of Federal affected airports. Because of the close System, such as the commissioning of Regulations, Part 97 (14 CFR part 97), by and immediate relationship between new navigational facilities, adding new establishing, amending, suspending, or these SIAPs, Takeoff Minimums and obstacles, or changing air traffic revoking SIAPS, Takeoff Minimums ODPs, and safety in air commerce, I find requirements. These changes are and/or ODPS. The complete regulators that notice and public procedures before designed to provide safe and efficient description of each SIAP and its adopting these SIAPS, Takeoff use of the navigable airspace and to associated Takeoff Minimums or ODP Minimums and ODPs are impracticable promote safe flight operations under for an identified airport is listed on FAA and contrary to the public interest and, instrument flight rules at the affected form documents which are incorporated where applicable, that good cause exists airports. by reference in this amendment under 5 for making some SIAPs effective in less DATES: This rule is effective February U.S.C. 552(a), 1 CFR part 51, and 14 than 30 days. 26, 2009. The compliance date for each CFR part 97.20. The applicable FAA Conclusion SIAP, associated Takeoff Minimums, Forms are FAA Forms 8260–3, 8260–4, and ODP is specified in the amendatory 8260–5, 8260–15A, and 8260–15B when The FAA has determined that this provisions. required by an entry on 8260–15A. regulation only involves an established The incorporation by reference of The large number of SIAPs, Takeoff body of technical regulations for which certain publications listed in the Minimums and ODPs, in addition to frequent and routine amendments are regulations is approved by the Director their complex nature and the need for necessary to keep them operationally of the Federal Register as of February a special format make publication in the current. It, therefore—(1) Is not a 26, 2009. Federal Register expensive and ‘‘significant regulatory action’’ under ADDRESSES: Availability of matters impractical. Furthermore, airmen do not Executive Order 12866; (2) is not a incorporated by reference in the use the regulatory text of the SIAPs, ‘‘significant rule’’ under DOT amendment is as follows: Takeoff Minimums or ODPs, but instead Regulatory Policies and Procedures (44 refer to their depiction on charts printed FR 11034; February 26, 1979); and (3) For Examination by publishers of aeronautical materials. does not warrant preparation of a 1. FAA Rules Docket, FAA The advantages of incorporation by regulatory evaluation as the anticipated Headquarters Building, 800 reference are realized and publication of impact is so minimal. For the same Independence Avenue, SW., the complete description of each SIAP, reason, the FAA certifies that this Washington, DC 20591; Takeoff Minimums and ODP listed on amendment will not have a significant 2. The FAA Regional Office of the FAA forms is unnecessary. This economic impact on a substantial region in which the affected airport is amendment provides the affected CFR number of small entities under the located; sections and specifies the types of SIAPs criteria of the Regulatory Flexibility Act. 3. The National Flight Procedures and the effective dates of the associated List of Subjects in 14 CFR Part 97 Office, 6500 South MacArthur Blvd., Takeoff Minimums and ODPs. This Oklahoma City, OK 73169 or, amendment also identifies the airport Air Traffic Control, Airports, 4. The National Archives and Records and its location, the procedure, and the Incorporation by reference, and Administration (NARA). For amendment number. Navigation (Air). information on the availability of this The Rule Issued in Washington, DC on February 6, material at NARA, call 202–741–6030, 2009. or go to: http://www.archives.gov/ This amendment to 14 CFR part 97 is _ _ _ _ John M. Allen, federal register/code of federal effective upon publication of each Director, Flight Standards Service. regulations/ibr_locations.html. separate SIAP, Takeoff Minimums and Availability—All SIAPs and Takeoff ODP as contained in the transmittal. Adoption of the Amendment Minimums and ODPs are available Some SIAP and Takeoff Minimums and ■ Accordingly, pursuant to the authority online free of charge. Visit http:// textual ODP amendments may have delegated to me, Title 14, Code of www.nfdc.faa.gov to register. been issued previously by the FAA in a Federal Regulations, Part 97 (14 CFR Additionally, individual SIAP and Flight Data Center (FDC) Notice to part 97) is amended by establishing, Takeoff Minimums and ODP copies may Airmen (NOTAM) as an emergency amending, suspending, or revoking be obtained from: action of immediate flight safety relating Standard Instrument Approach 1. FAA Public Inquiry Center (APA– directly to published aeronautical Procedures and/or Takeoff Minimums 200), FAA Headquarters Building, 800 charts. The circumstances which and/or Obstacle Departure Procedures Independence Avenue, SW., created the need for some SIAP and effective at 0902 UTC on the dates Washington, DC 20591; or Takeoff Minimums and ODP specified, as follows: 2. The FAA Regional Office of the amendments may require making them region in which the affected airport is effective in less than 30 days. For the located. PART 97—STANDARD INSTRUMENT remaining SIAPS and Takeoff APPROACH PROCEDURES FOR FURTHER INFORMATION CONTACT: Minimums and ODPS, an effective date Harry J. Hodges, Flight Procedure at least 30 days after publication is ■ 1. The authority citation for part 97 Standards Branch (AFS–420), Flight provided. continues to read as follows:
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Authority: 49 U.S.C. 106(g), 40103, 40106, Riverside, CA, Riverside Muni, VOR-B, Orig Monee, IL, Bult Field, RNAV (GPS) RWY 9, 40113, 40114, 40120, 44502, 44514, 44701, Riverside, CA, Riverside Muni, VOR OR GPS Orig 44719, 44721–44722. RWY 9, Amdt 9B, CANCELLED Monee, IL, Bult Field, RNAV (GPS) RWY 27, ■ 2. Part 97 is amended to read as Riverside, CA, Riverside Muni, VOR OR GPS- Orig A, Amdt 5B, CANCELLED Monee, IL, Bult Field, Takeoff Minimums follows: Riverside, CA, Riverside Muni, VOR OR GPS- and Obstacle DP, Orig Effective 12 MAR 2009 B, Orig-B, CANCELLED Natchitoches, LA, Natchitoches Rgnl, NDB Steamboat Springs, CO, Steamboat Springs/ RWY 35, Amdt 5 Iliamna, AK, Iliamna, NDB RWY 35, Amdt 2 Bob Adams Field, GPS-E, Orig-A, Sulphur, LA, Southland Field, GPS RWY 15, Iliamna, AK, Iliamna, RNAV (GPS) RWY 7, CANCELLED Amdt 1A, CANCELLED Amdt 3 Steamboat Springs, CO, Steamboat Springs/ Sulphur, LA, Southland Field, LOC RWY 15, Iliamna, AK, Iliamna, RNAV (GPS) RWY 17, Bob Adams Field, RNAV (GPS)-E, Orig Amdt 2 Amdt 1 Clewiston, FL, Airglades, RNAV (GPS) RWY Sulphur, LA, Southland Field, RNAV (GPS) Iliamna, AK, Iliamna, Takeoff Minimums and 13, Orig RWY 15, Orig Obstacle DP, Amdt 2 Clewiston, FL, Airglades, RNAV (GPS) RWY Sulphur, LA, Southland Field, RNAV (GPS) Ketchikan, AK, Ketchikan, ILS OR LOC/DME 31, Orig RWY 33, Orig Y RWY 11, Amdt 7A Clewiston, FL, Airglades, Takeoff Minimums Sulphur, LA, Southland Field, Takeoff Toksook Bay, AK, Toksook Bay, RNAV (GPS) and Obstacle DP, Orig Minimums and Obstacle DP, Orig RWY 34, Amdt 1A West Palm Beach, FL, North Palm Beach Sulphur, LA, Southland Field, VOR/DME-A, Wrangell, AK, Wrangell, RNAV (GPS)-A, Orig County General Aviation, RNAV (GPS) Amdt 2 Alabaster, AL, Shelby County, RNAV (GPS) RWY 13, Orig-A Hagerstown, MD, Hagerstown Rgnl-Richard RWY 16, Orig Atlanta, GA, Cobb County-McCollum Field, A. Henson Fld, ILS OR LOC RWY 27, Alabaster, AL, Shelby County, RNAV (GPS) ILS OR LOC RWY 27, Amdt 3 Amdt 10 RWY 34, Amdt 1 Atlanta, GA, Cobb County-McCollum Field, Hagerstown, MD, Hagerstown Rgnl-Richard Alabaster, AL, Shelby County, Takeoff RNAV (GPS) RWY 9, Amdt 3 A. Henson Fld, RNAV (GPS) RWY 9, Orig Minimums and Obstacle DP, Amdt 3 Hagerstown, MD, Hagerstown Rgnl-Richard Anniston, AL, Anniston Metropolitan, ILS Atlanta, GA, Cobb County-McCollum Field, OR LOC RWY 5, Amdt 3 RNAV (GPS) RWY 27, Amdt 3 A. Henson Fld, RNAV (GPS) RWY 27, Orig Anniston, AL, Anniston Metropolitan, NDB Atlanta, GA, Cobb County-McCollum Field, Hagerstown, MD, Hagerstown Rgnl-Richard RWY 5, Amdt 4 Takeoff Minimums and Obstacle DP, Amdt A. Henson Fld, VOR RWY 9, Amdt 7 Demopolis, AL, Demopolis Muni, RNAV 2 Detroit, MI, Coleman A. Young Muni, RNAV (GPS) RWY 4, Orig Atlanta, GA, Cobb County-McCollum Field, (GPS) RWY 15, Orig Demopolis, AL, Demopolis Muni, RNAV VOR/DME RWY 9, Amdt 2 Detroit, MI, Coleman A. Young Muni, RNAV (GPS) RWY 22, Orig Dallas, GA, Paulding County Regional, ILS (GPS) RWY 33, Orig Demopolis, AL, Demopolis Muni, Takeoff OR LOC/DME RWY 31, Orig Detroit, MI, Coleman A. Young Muni, VOR Minimums and Obstacle DP, Amdt 1 Dallas, GA, Paulding County Regional, RNAV RWY 33, Amdt 28 Flippin, AR, Marion County Rgnl, RNAV (GPS) RWY 13, Orig Iron Mountain Kingsford, MI, Ford, RNAV (GPS) RWY 4, Orig Dallas, GA, Paulding County Regional, RNAV (GPS) RWY 1, Orig Flippin, AR, Marion County Rgnl, RNAV (GPS) RWY 31, Orig Iron Mountain Kingsford, MI, Ford, RNAV (GPS) RWY 22, Orig Dallas, GA, Paulding County Regional, RNAV (GPS) RWY 19, Orig Flippin, AR, Marion County Rgnl, VOR-A, (GPS)-A, Orig Iron Mountain Kingsford, MI, Ford, Takeoff Amdt 14 Dallas, GA, Paulding County Regional, Minimums and Obstacle DP, Amdt 5 Flippin, AR, Marion County Rgnl, VOR/DME Takeoff Minimums and Obstacle DP, Orig Iron Mountain Kingsford, MI, Ford, VOR RNAV RWY 22, Orig-A, CANCELLED Rome, GA, Richard B Russell, RNAV (GPS) RWY 31, Amdt 16 Harrison, AR, Boone County, RNAV (GPS) RWY 1, Orig Morris, MN, Morris Muni-Charlie Schmidt RWY 36, Amdt 1 Rome, GA, Richard B Russell, RNAV (GPS) Fld, RNAV (GPS) RWY 14, Orig Osceola, AR, Osceola Muni, NDB OR GPS RWY 7, Orig Morris, MN, Morris Muni-Charlie Schmidt RWY 19, Orig-B, CANCELLED Rome, GA, Richard B Russell, RNAV (GPS) Fld, VOR RWY 14, Amdt 1 Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV RWY 19, Orig Redwood Falls, MN, Redwood Falls Muni, (GPS) Y RWY 7L, Amdt 1 Rome, GA, Richard B Russell, RNAV (GPS) GPS RWY 30, Orig-A, CANCELLED Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV RWY 25, Orig Redwood Falls, MN, Redwood Falls Muni, (GPS) Y RWY 7R, Amdt 1 Rome, GA, Richard B Russell, VOR/DME RNAV (GPS) RWY 30, Orig Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV RWY 1, Amdt 9 Redwood Falls, MN, Redwood Falls Muni, (GPS) Y RWY 8, Amdt 1 Rome, GA, Richard B Russell, VOR/DME Takeoff Minimums and Obstacle DP, Orig Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV RWY 19, Amdt 9 Redwood Falls, MN, Redwood Falls Muni, (GPS) Y RWY 25L, Amdt 1 Des Moines, IA, Des Moines Intl, RNAV VOR-A, Amdt 5 Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV (GPS) RWY 13, Amdt 1A Burlington, NC, Burlington-Alamance (GPS) Y RWY 25R, Amdt 2 Des Moines, IA, Des Moines Intl, RNAV Regional, GPS RWY 6, Amdt 1A, Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV (GPS) RWY 31, Amdt 1A CANCELLED (GPS) Y RWY 26, Amdt 2 Harlan, IA, Harlan Muni, NDB RWY 33, Burlington, NC, Burlington-Alamance Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV Amdt 5A, CANCELLED Regional, ILS OR LOC/NDB RWY 6, Amdt (RNP) Z RWY 7L, Orig Iowa Falls, IA, Iowa Falls Muni, NDB RWY 1 Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV 31, Amdt 5 Burlington, NC, Burlington-Alamance (RNP) Z RWY 7R, Orig Iowa Falls, IA, Iowa Falls Muni, RNAV RWY Regional, RNAV (GPS) RWY 6, Orig Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV 31, Orig Franklin, NC, Macon County, RNAV (GPS)- (RNP) Z RWY 8, Orig Iowa Falls, IA, Iowa Falls Muni, Takeoff A, Orig Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV Minimums and Obstacle DP, Orig Franklin, NC, Macon County, Takeoff (RNP) Z RWY 25L, Orig Ottumwa, IA, Ottumwa Rgnl, RNAV RWY 31, Minimums and Obstacle DP, Orig Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV Orig Roanoke Rapids, NC, Halifax-Northampton (RNP) Z RWY 25R, Orig Ottumwa, IA, Ottumwa Rgnl, Takeoff Regional, RNAV (GPS) RWY 2, Orig Phoenix, AZ, Phoenix Sky Harbor Intl, RNAV Minimums and Obstacle DP, Orig Roanoke Rapids, NC, Halifax-Northampton (RNP) Z RWY 26, Orig Ottumwa, IA, Ottumwa Rgnl, VOR RWY 31, Regional, RNAV (GPS) RWY 20, Orig Riverside, CA, Riverside Muni, RNAV (GPS) Amdt 15 Roanoke Rapids, NC, Halifax-Northampton RWY 9, Orig Idaho Falls, ID, Idaho Falls Regional, RNAV Regional, Takeoff Minimums and Obstacle Riverside, CA, Riverside Muni, VOR RWY 9, (GPS) RWY 20, Orig DP, Orig Orig Idaho Falls, ID, Idaho Falls Regional, VOR Roanoke Rapids, NC, Halifax-Northampton Riverside, CA, Riverside Muni, VOR-A, Orig RWY 20, Amdt 10 Regional, VOR/DME RWY 2, Orig
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Grand Forks, ND, Grand Forks Intl, RNAV Murfreesboro, TN, Murfreesboro Muni, Watertown, WI, Watertown Muni, VOR/DME (GPS) RWY 9L, Amdt 1 RNAV (GPS) RWY 18, Amdt 1 RNAV OR GPS RWY 5, Amdt 3B, Grand Forks, ND, Grand Forks Intl, RNAV Murfreesboro, TN, Murfreesboro Muni, CANCELLED (GPS) RWY 27R, Amdt 2 RNAV (GPS) RWY 36, Amdt 1 Beckley, WV, Raleigh County Memorial, Grand Forks, ND, Grand Forks Intl, Takeoff Smyrna, TN, Smyrna, NDB RWY 32, Amdt 9 RNAV (GPS) RWY 10, Orig Minimums and Obstacle DP, Amdt 2 Smyrna, TN, Smyrna, RNAV (GPS) RWY 14, Beckley, WV, Raleigh County Memorial, Hastings, NE, Hastings Muni, Takeoff Orig RNAV (GPS) RWY 19, Orig Minimums and Obstacle DP, Amdt 3 Smyrna, TN, Smyrna, RNAV (GPS) RWY 32, Beckley, WV, Raleigh County Memorial, Newark, NJ, Newark Liberty Intl, RNAV Orig RNAV (GPS) RWY 28, Orig (RNP) Y RWY 29, Orig Smyrna, TN, Smyrna, Takeoff Minimums and [FR Doc. E9–3213 Filed 2–25–09; 8:45 am] Obstacle DP, Amdt 5 Newark, NJ, Newark Liberty Intl, RNAV BILLING CODE 4910–13–P (RNP) Z RWY 29, Orig Smyrna, TN, Smyrna, VOR/DME RWY 14, Dansville, NY, Dansville Muni, Takeoff Amdt 7 Smyrna, TN, Smyrna, VOR/DME RWY 32, Minimums and Obstacle DP, Amdt 2 DEPARTMENT OF TRANSPORTATION Saratoga Springs, NY, Saratoga County, Amdt 13 Sparta, TN, Upper Cumberland Rgnl, RNAV RNAV (GPS) RWY 5, Amdt 1 14 CFR Part 97 Saratoga Springs, NY, Saratoga County, (GPS) RWY 4, Orig-A Takeoff Minimums and Textual DP, Amdt Sparta, TN, Upper Cumberland Rgnl, RNAV [Docket No. 30652; Amdt. No. 3309] 3 (GPS) RWY 22, Orig-A Saratoga Springs, NY, Saratoga County, VOR/ Dallas-Fort Worth, TX, Dallas-Fort Worth Standard Instrument Approach DME-A, Amdt Intl, RNAV (GPS) RWY 18L, Orig Procedures, and Takeoff Minimums Sidney, NY, Sidney Muni, Takeoff Dallas-Fort Worth, TX, Dallas-Fort Worth Intl, RNAV (GPS) RWY 18R, Orig and Obstacle Departure Procedures; Minimums and Obstacle DP, Amdt 4 Miscellaneous Amendments Sidney, NY, Sidney Muni, VOR RWY 25, Dallas-Fort Worth, TX, Dallas-Fort Worth Intl, RNAV (GPS) RWY 36L, Amdt 2 Amdt 3 AGENCY: Federal Aviation Dallas-Fort Worth, TX, Dallas-Fort Worth Lima, OH, Lima Allen County, ILS OR LOC Administration (FAA), DOT. RWY 27, Amdt 3 Intl, RNAV (GPS) RWY 36R, Amdt 2 ACTION: Final rule. Lima, OH, Lima Allen County, RNAV (GPS) Houston, TX, Ellington Field, RNAV (GPS) RWY 22, Amdt 1 RWY 27, Orig SUMMARY: This rule establishes, amends, Lima, OH, Lima Allen County, Takeoff Huntsville, TX, Huntsville Muni, NDB RWY 18, Amdt 1 suspends, or revokes Standard Minimums and Obstacle DP, Orig Huntsville, TX, Huntsville Muni, RNAV Instrument Approach Procedures Lima, OH, Lima Allen County, VOR RWY 27, (GPS) RWY 18, Orig Amdt 15 (SIAPs) and associated Takeoff Huntsville, TX, Huntsville Muni, VOR/DME- Mansfield, OH, Mansfield Lahm Rgnl, ILS OR Minimums and Obstacle Departure A, Amdt 6 LOC RWY 32, Amdt 16 Procedures for operations at certain Salt Lake City, UT, Salt Lake City Intl, airports. These regulatory actions are Mansfield, OH, Mansfield Lahm Rgnl, RNAV Takeoff Minimums and Obstacle DP, Amdt (GPS) RWY 14, Orig 10 needed because of the adoption of new Mansfield, OH, Mansfield Lahm Rgnl, RNAV Rutland, VT, Rutland-Southern Vermont or revised criteria, or because of changes (GPS) RWY 32, Orig Rgnl, LOC/DME RWY 19, Orig, occurring in the National Airspace Mansfield, OH, Mansfield Lahm Rgnl, CANCELLED System, such as the commissioning of Takeoff Minimums and Obstacle DP, Orig Rutland, VT, Rutland-Southern Vermont new navigational facilities, adding new Mansfield, OH, Mansfield Lahm Rgnl, VOR Rgnl, LOC Y RWY 19, Amdt 3 obstacles, or changing air traffic RWY 14, Amdt 14 Rutland, VT, Rutland-Southern Vermont Mansfield, OH, Mansfield Lahm Rgnl, VOR requirements. These changes are Rgnl, LOC Z RWY 19, Amdt 1 designed to provide safe and efficient RWY 32, Amdt 7 Rutland, VT, Rutland-Southern Vermont Toledo, OH, Toledo Express, ILS OR LOC Rgnl, RNAV (GPS) RWY 1, Orig use of the navigable airspace and to RWY 7, Amdt 28 Rutland, VT, Rutland-Southern Vermont promote safe flight operations under Toledo, OH, Toledo Express, RNAV (GPS) Rgnl, RNAV (GPS) RWY 19, Amdt 1 instrument flight rules at the affected RWY 25, Amdt 2 Rutland, VT, Rutland-Southern Vermont airports. Sand Springs, OK, William R Pogue Muni, Rgnl, VOR/DME RWY 1, Amdt 1 DATES: This rule is effective February GPS RWY 35, Orig-C, CANCELLED Rutland, VT, Rutland-Southern Vermont Sand Springs, OK, William R Pogue Muni, Rgnl, VOR/DME RWY 19, Amdt 1 26, 2009. The compliance date for each RNAV (GPS) RWY 17, Orig Burlington/Mount Vernon, WA, Skagit Rgnl, SIAP, associated Takeoff Minimums, Sand Springs, OK, William R Pogue Muni, RNAV (GPS) RWY 28, Orig-A and ODP is specified in the amendatory RNAV (GPS) RWY 35, Orig Rhinelander, WI, Rhinelander-Oneida provisions. Sand Springs, OK, William R Pogue Muni, County, ILS OR LOC RWY 9, Amdt 7 The incorporation by reference of Takeoff Minimums and Obstacle DP, Amdt Stevens Point, WI, Stevens Point Muni, certain publications listed in the 2 RNAV (GPS) RWY 3, Orig regulations is approved by the Director Sand Springs, OK, William R Pogue Muni, Stevens Point, WI, Stevens Point Muni, VOR/DME-A, Amdt 3 of the Federal Register as of February RNAV (GPS) RWY 21, Orig 26, 2009. Corvallis, OR, Corvallis Muni, GPS RWY 17, Stevens Point, WI, Stevens Point Muni, VOR/ Orig, CANCELLED DME RWY 3, Amdt 15 ADDRESSES: Availability of matter Corvallis, OR, Corvallis Muni, RNAV (GPS) Stevens Point, WI, Stevens Point Muni, VOR/ incorporated by reference in the RWY 17, Orig DME RWY 21, Amdt 19 amendment is as follows: Florence, SC, Florence Rgnl, RADAR–1, Watertown, WI, Watertown Muni, GPS RWY For Examination— Amdt 1 29, Orig, CANCELLED 1. FAA Rules Docket, FAA Florence, SC, Florence Rgnl, Takeoff Watertown, WI, Watertown Muni, NDB RWY Headquarters Building, 800 Minimums and Textual DP, Amdt 5 23, Amdt 2 Independence Avenue, SW., Florence, SC, Florence Rgnl, VOR OR Watertown, WI, Watertown Muni, RNAV Washington, DC 20591; TACAN-A, Amdt 6 (GPS) RWY 5, Orig 2. The FAA Regional Office of the Crossville, TN, Crossville Memorial-Whitson Watertown, WI, Watertown Muni, RNAV Fld, ILS OR LOC RWY 26, Amdt 13 (GPS) RWY 11, Orig region in which the affected airport is Crossville, TN, Crossville Memorial-Whitson Watertown, WI, Watertown Muni, RNAV located; Fld, RNAV (GPS) RWY 26, Orig (GPS) RWY 23, Orig 3. The National Flight Procedures Crossville, TN, Crossville Memorial-Whitson Watertown, WI, Watertown Muni, RNAV Office, 6500 South MacArthur Blvd., Fld, VOR/DME-A, Amdt 9 (GPS) RWY 29, Orig Oklahoma City, OK 73169 or
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4. The National Archives and Records by reference are realized and ‘‘significant regulatory action’’ under Administration (NARA). For publication of the complete description Executive Order 12866; (2) is not a information on the availability of this of each SIAP contained in FAA form ‘‘significant rule’’ under DOT regulatory material at NARA, call 202–741–6030, documents is unnecessary. This Policies and Procedures (44 FR 11034; or go to: http: //www.archives.gov/ amendment provides the affected CFR February 26, 1979); and (3) does not federal_register/ sections and specifies the types of SIAP warrant preparation of a regulatory code_of_federal_regulations/ and the corresponding effective dates. evaluation as the anticipated impact is ibr_locations.html. This amendment also identifies the so minimal. For the same reason, the Availability—All SIAPs are available airport and its location, the procedure FAA certifies that this amendment will online free of charge. Visit nfdc.faa.gov and the amendment number. not have a significant economic impact to register. Additionally, individual on a substantial number of small entities The Rule SIAP and Takeoff Minimums and ODP under the criteria of the Regulatory copies may be obtained from: This amendment to 14 CFR part 97 is Flexibility Act. 1. FAA Public Inquiry Center (APA– effective upon publication of each List of Subjects in 14 CFR Part 97 200), FAA Headquarters Building, 800 separate SIAP as amended in the Independence Avenue, SW., transmittal. For safety and timeliness of Air Traffic Control, Airports, Washington, DC 20591; or change considerations, this amendment Incorporation by reference, and 2. The FAA Regional Office of the incorporates only specific changes Navigation (Air). contained for each SIAP as modified by region in which the affected airport is Issued in Washington, DC, on February 6, located. FDC/P–NOTAMs. 2009. The SIAPs, as modified by FDC P– FOR FURTHER INFORMATION CONTACT: John M. Allen, NOTAM, and contained in this Harry J. Hodges, Flight Procedure amendment are based on the criteria Director, Flight Standards Service. Standards Branch (AFS–420) Flight contained in the U.S. Standard for Adoption of the Amendment Technologies and Programs Division, Terminal Instrument Procedures Flight Standards Service, Federal (TERPS). In developing these changes to ■ Accordingly, pursuant to the authority Aviation Administration, Mike SIAPs, the TERPS criteria were applied delegated to me, Title 14, Code of Monroney Aeronautical Center, 6500 only to specific conditions existing at Federal regulations, Part 97, 14 CFR part South MacArthur Blvd., Oklahoma City, the affected airports. All SIAP 97, is amended by amending Standard OK 73169 (Mail Address: P.O. Box amendments in this rule have been Instrument Approach Procedures, 25082 Oklahoma City, OK 73125) previously issued by the FAA in a FDC effective at 0901 UTC on the dates telephone: (405) 954–4164. NOTAM as an emergency action of specified, as follows: SUPPLEMENTARY INFORMATION: This rule immediate flight safety relating directly PART 97—STANDARD INSTRUMENT amends Title 14, Code of Federal to published aeronautical charts. The APPROACH PROCEDURES Regulations, Part 97 (14 CFR part 97) by circumstances which created the need amending the referenced SIAPs. The for all these SIAP amendments requires ■ 1. The authority citation for part 97 complete regulatory description of each making them effective in less than 30 continues to read as follows: SIAP is listed on the appropriate FAA days. Form 8260, as modified by the National Because of the close and immediate Authority: 49 U.S.C. 106(g), 40103, 40106, Flight Data Center (FDC)/Permanent 40113, 40114, 40120, 44502, 44514, 44701, relationship between these SIAPs and 44719, 44721–44722. Notice to Airmen (P–NOTAM), and is safety in air commerce, I find that notice incorporated by reference in the and public procedure before adopting ■ 2. Part 97 is amended to read as amendment under 5 U.S.C. 552(a), 1 these SIAPs are impracticable and follows: CFR part 51, and § 97.20 of Title 14 of contrary to the public interest and, the Code of Federal Regulations. where applicable, that good cause exists §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, The large number of SIAPs, their for making these SIAPs effective in less and 97.35 [Amended] complex nature, and the need for a than 30 days. By amending: § 97.23 VOR, VOR/ special format make their verbatim DME, VOR or TACAN, and VOR/DME publication in the Federal Register Conclusion or TACAN; § 97.25 LOC, LOC/DME, expensive and impractical. Further, The FAA has determined that this LDA, LDA/DME, SDF, SDF/DME; airmen do not use the regulatory text of regulation only involves an established § 97.27 NDB, NDB/DME; § 97.29 ILS, the SIAPs, but refer to their graphic body of technical regulations for which ILS/DME, ISMLS, MLS/DME, MLS/ depiction on charts printed by frequent and routine amendments are RNAV; § 97.31 RADAR SIAPs; § 97.33 publishers of aeronautical materials. necessary to keep them operationally RNAV SIAPs; and § 97.35 COPTER Thus, the advantages of incorporation current. It, therefore—(1) is not a SIAPs.
FDC date State City Airport FDC No. Subject
01/16/09 ...... OH COLUMBUS ...... RICKENBACKER INTL ...... 9/2429 THIS NOTAM PUBLISHED IN TL 09–05 IS HEREBY RE- SCINDED IN ITS ENTIRETY. ILS RWY 5R, ILS RWY 5R (CAT II), AMDT 2 01/22/09 ...... AL ALABASTER ...... SHELBY COUNTY ...... 9/2468 VOR OR GPS A, AMDT 6 01/22/09 ...... OK BARTLESVILLE ...... BARTLESVILLE MUNI ...... 9/2554 LOC RWY 17, AMDT 3 01/22/09 ...... AZ PHOENIX ...... PHOENIX–MESA GATEWAY ...... 9/2602 RNAV (GPS) RWY 30L, ORIG 01/22/09 ...... MQ SAND ISLAND, MIDWAY HENDERSON FLD ...... 9/2619 RNAV (GPS) RWY 24, ORIG–A ATOLL. 01/22/09 ...... MQ SAND ISLAND, MIDWAY HENDERSON FLD ...... 9/2620 RNAV (GPS) RWY 6, ORIG–A ATOLL.
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FDC date State City Airport FDC No. Subject
01/22/09 ...... MQ SAND ISLAND, MIDWAY HENDERSON FLD ...... 9/2621 NDB RWY 24, ORIG ATOLL. 01/22/09 ...... MQ SAND ISLAND, MIDWAY HENDERSON FLD ...... 9/2622 NDB RWY 6, ORIG ATOLL. 01/23/09 ...... OK TULSA ...... TULSA INTL...... 9/2663 ILS OR LOC RWY 36R, ILS RWY 36R (CAT II) AMDT 29 01/23/09 ...... MN MINNEAPOLIS ...... AIRLAKE ...... 9/2667 VOR OR GPS RWY 12, AMDT 1A 01/23/09 ...... MN MINNEAPOLIS ...... AIRLAKE ...... 9/2668 ILS OR LOC RWY 30, ORIG–B 01/23/09 ...... TX EL PASO ...... HORIZON ...... 9/2701 VOR/DME OR GPS A, AMDT 4A 01/23/09 ...... TX EL PASO ...... EL PASO INTL ...... 9/2704 RADAR–1, AMDT 13B 01/23/09 ...... TX EL PASO...... EL PASO INTL...... 9/2705 ILS OR LOC RWY 22, AMDT 32A 01/23/09 ...... TX EL PASO ...... EL PASO INTL ...... 9/2706 GPS RWY 4, ORIG–A 01/23/09 ...... TX EL PASO ...... EL PASO INTL ...... 9/2707 RNAV (GPS) RWY 22, ORIG–A 01/23/09 ...... NY CANANDAIGUA ...... CANANDAIGUA ...... 9/2878 RNAV (GPS) RWY 13, ORIG 02/03/09 ...... MD BALTIMORE ...... BALTIMORE–WASHINGTON INTL 9/3453 ILS RWY 15R, AMDT 15A THURGOOD MARSHALL. 01/30/09 ...... OR REDMOND ...... ROBERTS FIELD ...... 9/3721 ILS OR LOC RWY 22, AMDT 2 02/05/09 ...... OH COLUMBUS ...... RICKENBACKER INTL ...... 9/4049 ILS RWY 5R, ILS RWY 5R (CAT II) AMDT 2 02/04/09 ...... CA PALMDALE ...... PALMDALE REGIONAL/USAF PLANT 9/4286 RNAV (GPS) RWY 25, ORIG–B 42.
[FR Doc. E9–3215 Filed 2–25–09; 8:45 am] Washington, DC 20426, (202) 502– filing on December 11, 2007 to propose BILLING CODE 4910–13–P 6817. four related NERC glossary terms. Richard M. Wartchow (Legal 3. In Order No. 716, the Commission Information), Office of the General approved the Nuclear Reliability DEPARTMENT OF ENERGY Counsel, Federal Energy Regulatory Standard and related definitions. In Commission, 888 First Street, NE., doing so, the Commission approved the Washington, DC 20426, (202) 502– Federal Energy Regulatory applicability provisions provided in 8744. Commission Requirements R1 and R2, as clarified in SUPPLEMENTARY INFORMATION: NERC’s May 13, 2008 comments.2 The 18 CFR Part 40 United States of America. Nuclear Reliability Standard applies to [Docket No. RM08–3–001; Order No. Federal Energy Regulatory Commission. ‘‘transmission entities,’’ defined as ‘‘all 716–A] Before Commissioners: Jon entities that are responsible for Wellinghoff, Acting Chairman; Suedeen providing services related to Nuclear Mandatory Reliability Standard for G. Kelly, Marc Spitzer, and Philip D. Plant Interface Requirements (NPIRs)’’ 3 Nuclear Plant Interface Coordination Moeller. and lists 11 types of functional entities that could provide services related to Issued February 19, 2009. Order on Rehearing NPIRs.4 In Order No. 716, the AGENCY: Federal Energy Regulatory (Issued February 19, 2009.) Commission accepted NERC’s Commission, DOE. 1. In Order No. 716, the Commission clarification that the Nuclear Reliability ACTION: Final rule; order on rehearing. approved as mandatory and enforceable Standard will apply to an entity that SUMMARY: In this order, the Commission the Nuclear Plant Interface Coordination provides services relating to a nuclear denies the New York Independent Reliability Standard proposed by the plant generator operator’s nuclear plant System Operator, Inc.’s request for North American Electric Reliability licensing requirements on the later of rehearing of Order No. 716, Mandatory Corporation (NERC).1 In this order, the one of two events: on the effective date, Reliability Standard for Nuclear Plant Commission denies the New York for entities in NERC’s compliance Interface Coordination. In Order No. Independent System Operator, Inc.’s registry that already received notice in 716, the Commission approved as (New York ISO) request for rehearing of the form of a proposed NPIR, or on the mandatory and enforceable the Nuclear Order No. 716. Plant Interface Coordination Reliability Background 2 Id. P 68. Standard proposed by the North 3 2. On November 19, 2007, NERC, the The NERC glossary defines NPIRs as ‘‘The American Electric Reliability requirements, based on [nuclear plant licensing Corporation. Commission-certified Electric requirements] and Bulk Electric System Reliability Organization (ERO), requirements, that have been mutually agreed to by DATES: Effective Date: This order submitted for Commission approval the the Nuclear Plant Generator Operator and the denying rehearing of the final rule will Nuclear Reliability Standard, designated applicable Transmission Entities.’’ become effective March 30, 2009. NUC–001–1. NERC supplemented the 4 The Nuclear Reliability Standard list of the FOR FURTHER INFORMATION CONTACT: applicable functional entities consists of transmission operators, transmission owners, Michael Gandolfo (Technical 1 Mandatory Reliability Standard for Nuclear transmission planners, transmission service Information), Office of Electric Plant Interface Coordination, Order No. 716, 73 FR 63,770 (Oct. 27, 2008), 125 FERC ¶ 61,065, providers, balancing authorities, reliability Reliability, Division of Reliability addressing proposals in Notice of Proposed coordinators, planning authorities, distribution Standards, Federal Energy Regulatory Rulemaking (NOPR), 73 FR 16,586 (Mar. 28, 2008), providers, load-serving entities, generator owners Commission, 888 First Street, NE., FERC Stats. and Regs. ¶ 32,629 (2008). and generator operators.
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date that a proposed NPIR is provided the nuclear plant generator operator that delays, an entity could be found to by the nuclear plant generator operator.5 it is responsible for providing services constructively consent if it fails to 4. In its Nuclear Reliability Standard related to a specific NPIR. New York timely invoke dispute resolution Notice of Proposed Rulemaking (NOPR), ISO, therefore, requests that the procedures. the Commission proposed to accept the Commission grant rehearing and hold 8. In order to resolve disputes over applicability provisions with the that the Nuclear Reliability Standard is whether an entity approached by a understanding that the Reliability not applicable to a prospective nuclear plant generator operator is Standard would be effective against a transmission entity upon being responsible for providing services transmission entity when it executed an approached by a nuclear plant generator relating to a NPIR, New York ISO interface agreement with the nuclear operator with a NPIR until the entity proposes a process to govern the plant generator operator.6 In its consents to providing services, or until identification of transmission entities comments, NERC clarified its initial it has been found responsible for and the implementation of interface description of the applicability providing services by NERC or a agreements. New York ISO states that provisions and made clear that NUC– Regional Entity, through a dispute the lack of a clear dispute resolution 001–1 applied to transmission entities resolution process. process is unjust and unreasonable, following receipt of the notification 6. New York ISO contends that given the Commission’s determination from the nuclear plant generator applying the Reliability Standard to an that ‘‘an entity is subject to NUC–001– operator.7 Based on NERC’s and other entity once it has been approached by 1 at the time that it is approached by a commenters’ explanations, the a nuclear plant generator operator with nuclear plant generator operator about Commission accepted the Nuclear a proposed NPIR is at odds with the providing NPIR-related services.’’ New Reliability Standard with the Commission’s decision in Order No. York ISO states that the Commission understanding that it would apply to 693, which approved the NERC should implement a dispute resolution transmission entities that provide compliance registry process to process that adopts the existing services relating to nuclear plant determine those users, owners and registration dispute procedures, found licensing requirements on the operators of the Bulk-Power System that in section 501 of NERC’s Rules of implementation date, i.e., the NERC must comply with the Reliability Procedure, which contain specific 9 effective date for the Reliability Standards. According to New York timelines for filing and resolution of the Standard. On that date, the Nuclear ISO, this approach effectively gives a dispute. Reliability Standard goes into effect nuclear plant generator operator the 9. In addition, New York ISO states immediately for transmission entities authority to determine the applicability that in Order No. 716, the Commission that have received notification from the of the Nuclear Reliability Standard should have clarified that an entity that nuclear plant generator, so long as the (rather than NERC or a Regional Entity) becomes subject to the Nuclear entity is registered on the NERC without providing any clear avenue of Reliability Standard would have a compliance registry. appeal (as would be available if the reasonable time (such as 90 days) to compliance registry process were used). Request for Rehearing implement an interface agreement with New York ISO claims that this is an a nuclear plant generator operator after 5. On November 17, 2008, New York unexplained change in the it either agrees that it is responsible for ISO filed a request for rehearing of Commission’s approach to applicability. an NPIR or has been held responsible 7. New York ISO would find that an Order No. 716. New York ISO requests for providing services to meet an NPIR entity is responsible for providing rehearing of the Commission’s by NERC or a Regional Entity. determination that the Nuclear services, and subject to the Nuclear Reliability Standard applies to a Reliability Standard, if it consents to Discussion provide services once it has been transmission entity upon receipt of 10. The Commission denies New York approached by a nuclear plant generator notification by a nuclear plant generator ISO’s request for rehearing. NERC operator. Alternatively, NERC or a operator. New York ISO argues that this previously clarified the applicability Regional Entity could find the entity method for determining applicability provisions in response to the NOPR responsible for providing services. New violates due process because it (1) request for comment on whether the York ISO proposes that, to minimize allows the nuclear plant generator Nuclear Reliability Standard is operator to determine which entities are enforceable against a transmission entity subject to the Reliability Standard, and 9 Id. at 10, citing Mandatory Reliability Standards for the Bulk-Power System, Order No. 693, FERC upon execution of an interface (2) does not provide transmission Stats. & Regs. ¶ 31,242, at P 97 (2007): Each agreement or at some earlier time.10 entities that receive notice from a individual Reliability Standard will then identify Several of the commenters supported nuclear plant generator operator any the set of users, owners and operators of the Bulk- NERC’s clarified proposal, which was ‘‘clear recourse if they disagree with the Power System that must comply with that standard. While the Commission may take prospective action ultimately approved in Order No. 716, nuclear plant generator operator’s against an entity that was not previously identified while others, including the ISO/RTO determination that they are responsible as a user, owner or operator through the NERC Council, expressed concerns that are for addressing a specific NPIR.’’ 8 New registration process once it has been added to the registry, the Commission will not assess penalties similar to those raised in New York York ISO states the Commission’s ruling against an entity that has not previously been put ISO’s request for rehearing, and which in Order No. 716 would allow an entity on notice, through the NERC registration process, the Commission rejected. Nothing in to become subject to the Nuclear that it must comply with particular Reliability New York ISO’s request for rehearing Reliability Standard outside the NERC Standards. Under this process, if there is an entity that is not registered and NERC later discovers that requires the Commission to revisit that Rules of Procedure registration process, the entity should have been subject to the determination. and place such an entity in ‘‘an Reliability Standards, NERC has the ability to add 11. Order No. 716 approved NERC’s untenable position’’ if it disagrees with the entity, and possibly other entities of a similar class, to the registration list and to direct corrective proposal to make the Nuclear Reliability
5 action by that entity on a going-forward basis. The Order No. 716, 125 FERC ¶ 61,065 at P 68. Commission believes that this should prevent an 10 See Order No. 716, 125 FERC ¶ 61,065 at P 34, 6 NOPR at P 29. entity from being subject to a penalty for violating 59. The Reliability Standards are enforceable 7 Order No. 716, 125 FERC ¶ 61,065 at P 60. a Reliability Standard without prior notice that it against a particular entity once it is included on the 8 New York ISO request for rehearing at 4, 13. must comply with that Reliability Standard. compliance registry. See id. P 42–44.
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Standard applicable to transmission language of the Reliability Standard. For who are unsure whether NUC–001–1 entities once they are notified by a the Nuclear Reliability Standard, the applies to a given set of circumstances nuclear plant generator operator that primary factual issues to be addressed may seek clarification through a request they are responsible for providing concern whether an entity is responsible for an interpretation from NERC.18 services needed to support nuclear plant for providing services related to Finally, an entity that believes it has licensing requirements as a result of the NPIRs.14 Order No. 716 explained: been unfairly found to have violated generator operator’s delivery of a NERC and others have made clear that NUC–001–1 may appeal NERC’s proposed NPIR. The Commission NUC–001–1 was intended to apply to determination to this Commission.19 rejected arguments that use of the term transmission entities following receipt of 15. We do not find that the transmission entities is inconsistent notification from the nuclear plant generator identification process established in the with the NERC registry process.11 operator, rather than after execution of the Furthermore, nothing in Order No. 716 interface agreement. The applicability of Nuclear Reliability Standard improperly supports New York ISO’s suggestion NUC–001–1 is determined by the function delegates authority to nuclear plant performed by the entity. * * * This is generator operators. Under NUC–001–1, that an entity becomes subject to the consistent with other Reliability Standards Nuclear Reliability Standard outside the nuclear plant generator operators must where an entity is subject to a Reliability identify transmission entities by NERC registration process. As with all Standard based on the factual determination other Reliability Standards, the NERC of whether it operates certain facilities or providing proposed NPIRs to registry process determines whether an provides a certain service, not based on the transmission entities. Such entity is a user, owner or operator of the consent of the entity.15 identification is no different than the Bulk-Power System, and, therefore, is 13. Industry comments on the NOPR provision of any factual information required to comply with the Reliability indicate that the nuclear plant generator under the Reliability Standards and Standards. The question whether an operator is in the best position to represents no delegation of authority. entity must comply with a particular interpret nuclear plant licensing Nuclear plant generator operators have Reliability Standard—the relevant issue requirements and system needs affecting no discretion to select transmission in this proceeding—is resolved based on operations, based on the Nuclear entities, and are subject to penalties if the provisions of the Reliability Regulatory Commission requirements to they fail to identify an entity providing Standard and the factual circumstances perform grid stability studies, services covered by NUC–001–1. As surrounding a given user, owner or documented in plant licensing documented in Order No. 716, the operator of the Bulk-Power System.12 materials.16 Industry representatives entities providing services to support 12. Contrary to New York ISO’s concluded that NUC–001–1 should be nuclear plant licensing requirements are position, the issues New York ISO seeks enforceable against transmission service known to the nuclear plant generator to raise are outside the scope of the providers whose commitments to operators and such entities are familiar registry process established in the NERC provide services form part of the basis with their role in providing services, as Rules of Procedure. As discussed in the for the original plant license. They also a result of past efforts to negotiate NOPR, NERC’s registry process concluded that nuclear plant licensees services needed to meet nuclear plant establishes procedures to identify and and transmission service providers are licensing requirements.20 On rehearing, register owners, operators and users of already obliged to provide assurances we affirm our finding that no additional the Bulk-Power System, including with respect to the capability and consent is necessary for a transmission organizations performing functions stability of offsite power sources for the entity to become subject to the Nuclear listed in the definition of transmission nuclear plant. Thus, we find appropriate Reliability Standard. entities, generators that are material to NERC’s reliance on nuclear plant 16. In its request for rehearing, New the Reliable Operation of the Bulk- generator operators to identify the York ISO objects to what it characterizes Power System, and organizations that transmission entities that are as the Commission’s determination that should be subject to the Reliability responsible for providing services a transmission entity may become 13 Standards. NERC’s decision to register relating to NPIRs. subject to the Nuclear Reliability an entity, because it meets one or more 14. The Nuclear Reliability Standard Standard, and any resulting of the functions established in the applies to transmission entities that are enforcement action including penalties, registry criteria, establishes that the registered with NERC and that are upon being ‘‘approached’’ by a nuclear entity must comply with the universe of responsible for providing services plant generator operator. We find above Reliability Standards that are applicable related to NPIRs consistent with the that speculation as to whether an entity language of NUC–001–1. Thus, contrary to the functional classes in which the may be in violation of the Nuclear to New York ISO’s assertion, this entity is registered. However, NERC’s Reliability Standard if it fails to execute process is consistent with the NERC registration does not determine whether an interface agreement under such registration process, which provides for an entity must comply with each and circumstances to be beyond the scope of adequate review of NERC’s every Reliability Standard applicable to this proceeding. However, we determinations. An entity that is subject the functional class. Whether an entity emphasize, as discussed above, that the to registration for providing services to must comply with a particular record in this proceeding demonstrated a nuclear power plant may appeal the Reliability Standard, such as NUC that potential transmission entities registration determination.17 Entities –001–1, is determined based on the should be familiar with their roles as providing services to support nuclear 11 Id. P 21. 14 NUC–001–1, section 4.2 (Applicability); see 12 Id. P 68 (‘‘This [approach] is consistent with also Order No. 716, 125 FERC ¶ 61,065 at P 21 other Reliability Standards where an entity is (‘‘While the Commission prefers that Reliability 18 Any person that is ‘‘directly and materially subject to a Reliability Standard based on the Standards apply to all entities within a functional affected’’ by Bulk-Power System reliability may factual determination of whether it operates certain category defined in the Registry Criteria, it has request an interpretation of a Reliability Standard. facilities or provides a certain service, not based on approved appropriate limitations incorporated into NERC Rules of Procedure, Appendix 3A, Reliability the consent of the entity.’’). an applicability section.’’). Standards Development Procedure (2008). 13 NOPR at P 24 n. 21 (citing Order No. 693 at 15 Order No. 716, 125 FERC ¶ 61,065 at P 68. 19 NERC Rules of Procedure, sections 402(6) and P 92–96; NERC Statement of Compliance Registry 16 Id. P 65–66. 409–11 (establishing appeals process). Criteria). 17 NERC Rules of Procedure, section 504. 20 Order No. 716, 125 FERC ¶ 61,065 at P 28, 65.
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licensing requirements.21 The Final option in the event nuclear plant 1605, the Department of the Navy Rule reflected the Commission’s generator operators and transmission amends 32 CFR Part 706. intention that the approved approach to entities fail to agree.26 Given our This amendment provides notice that applicability would resolve concerns affirmation of the determination that no the Deputy Assistant Judge Advocate that entities supplying services related additional consent is necessary to General (Admiralty and Maritime Law), to nuclear plant licensing requirements become subject to the Nuclear under authority delegated by the would balk at executing an interface Reliability Standard, we likewise affirm Secretary of the Navy, has certified that agreement, if execution made them our determination that additional USS WAYNE E. MEYER (DDG 108) is a subject to NUC–001–1.22 Furthermore, dispute resolution procedures to vessel of the Navy which, due to its given the appeal rights provided for in address a failure to consent are not special construction and purpose, the NERC enforcement process, we do necessary. cannot fully comply with the following not believe that an entity that disagrees The Commission orders: specific provisions of 72 COLREGS with its role in providing such services New York ISO’s request for rehearing without interfering with its special will be subject to enforcement without is hereby denied, as discussed in the function as a naval ship: Annex I, recourse. The Commission declines at body of this order. paragraph 2(f)(i), pertaining to the the rulemaking phase to address issues By the Commission. Commissioner placement of the masthead light or concerning individual entities that may Kelliher is not participating. lights above and clear of all other lights be approached to provide services Nathaniel J. Davis, Sr., and obstructions; Annex I, paragraph relating to nuclear plant licensing Deputy Secretary. 2(f)(ii), pertaining to the vertical requirements. Such issues are better [FR Doc. E9–3964 Filed 2–25–09; 8:45 am] placement of task lights; Annex I, addressed in a proceeding providing a BILLING CODE 6717–01–P paragraph 3(a), pertaining to the record detailing the circumstances of a location of the forward masthead light potential transmission entity’s in the forward quarter of the ship, and registration. DEPARTMENT OF DEFENSE the horizontal distance between the 17. We also reject New York ISO’s forward and after masthead lights; and request for an allotted period of time to Department of the Navy Annex I, paragraph 3(c), pertaining to implement an interface agreement. placement of task lights not less than Order No. 716 stated, ‘‘Given that the 32 CFR Part 706 two meters from the fore and aft parties have already been able to agree centerline of the ship in the athwartship to the services needed to meet NRC Certifications and Exemptions Under direction. The Deputy Assistant Judge licensing requirements, the same parties the International Regulations for Advocate General (Admiralty and should be able to successfully identify Preventing Collisions at Sea, 1972 Maritime Law) has also certified that the the services provided, confirm that they AGENCY: Department of the Navy, DoD. lights involved are located in closest address NRC criteria for off-site power possible compliance with the applicable ACTION: Final rule. and system limits, and document such 72 COLREGS requirements. services in an auditable format SUMMARY: The Department of the Navy Moreover, it has been determined, in consistent with the NUC–001–1 is amending its certifications and accordance with 32 CFR Parts 296 and Requirements.’’ 23 Thus, it should not be exemptions under the International 701, that publication of this amendment a problem for these parties to write up Regulations for Preventing Collisions at for public comment prior to adoption is existing arrangements in the format Sea, 1972 (72 COLREGS), to reflect that impracticable, unnecessary, and required by the Nuclear Reliability the Deputy Assistant Judge Advocate contrary to public interest since it is Standard. In addition, in cases where General (Admiralty and Maritime Law) based on technical findings that the there is no immediate risk to grid has determined that USS WAYNE E. placement of lights on this vessel in a reliability, the Commission approved MEYER (DDG 108) is a vessel of the manner differently from that prescribed NERC’s proposal that it may order Navy which, due to its special herein will adversely affect the vessel’s mediation as a remedial measure.24 For construction and purpose, cannot fully ability to perform its military functions. these reasons, we find that it is comply with certain provisions of the 72 unnecessary to incorporate additional List of Subjects in 32 CFR Part 706 COLREGS without interfering with its time for parties to negotiate and Marine safety, Navigation (water), and 25 special function as a naval ship. The implement an interface agreement. Vessels. 18. In addition, the Commission in intended effect of this rule is to warn ■ Order No. 716 rejected calls for formal mariners in waters where 72 COLREGS For the reasons set forth in the incorporation of dispute resolution apply. preamble, amend part 706 of title 32 of procedures to resolve registration and DATES: This rule is effective February the Code of Federal Regulations as contract negotiation disputes and, 26, 2009 and is applicable beginning follows: February 11, 2009. instead, left the use of such procedures PART 706—CERTIFICATIONS AND to NERC’s discretion as a mitigation FOR FURTHER INFORMATION CONTACT: Commander M. Robb Hyde, JAGC, U.S. EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR 21 Navy, Deputy Assistant Judge Advocate Id. P 82. PREVENTING COLLISIONS AT SEA, 22 Id. P 69. General (Admiralty and Maritime Law), 23 Id. P 82. Office of the Judge Advocate General, 1972 24 See discussion at id. P 75–80. Department of the Navy, 1322 Patterson ■ 1. The authority citation for part 706 25 The Commission declines to address in this Ave., SE., Suite 3000, Washington Navy order the proper resolution of a dispute concerning continues to read as follow: Yard, DC 20374–5066, telephone an entity, not currently responsible for providing Authority: 33 U.S.C. 1605. services relating to a generator’s nuclear plant number: 202–685–5040. licensing requirements, that is approached by a SUPPLEMENTARY INFORMATION: Pursuant ■ 2. Section 706.2 is amended as nuclear plant generator operator seeking to procure such services. Such issues are better resolved based to the authority granted in 33 U.S.C. follows: ■ on a case-by-case review of a complete factual A. In Table Four, Paragraph 15 by record, detailing any reliability concerns. 26 Order No. 716, 125 FERC ¶ 61,065 at P 75. adding, in numerical order, the
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following entry for USS WAYNE E. ■ C. In Table Five, by adding, in Table Four numerical order, the following entry for MEYER (DDG 108): * * * * * ■ USS WAYNE E. MEYER (DDG 108): B. In Table Four, Paragraph 16 by 15. * * * adding, in numerical order, the § 706.2 Certifications of the Secretary of following entry for USS WAYNE E. the Navy under Executive Order 11964 and MEYER (DDG 108): 33 U.S.C. 1605. * * * * *
Horizontal distance from the fore Vessel Number and aft centerline of the vessel in the athwartship direction
******* USS WAYNE E. MEYER ...... DDG 108 ...... 1.84 meters.
16. * * *
Obstruction angle relative ship’s Vessel Number headings
******* USS WAYNE E. MEYER ...... DDG 108 ...... 106.71 thru 112.50 [degrees].
*******
* * * * * Table Five * * * * *
After mast- Masthead Forward mast- head light less lights not over head light not than 1⁄2 ship’s Percentage all other lights in forward length aft of horizontal sep- Vessel Number and obstruc- quarter of forward mast- aration at- tions. Annex I, ship. Annex I, head light. tained sec. 2(f) sec. 3(a) Annex I, sec. 3(a)
******* USS WAYNE E. MEYER ...... DDG 108 ...... X X X 14.5
*******
Approved: February 11, 2009. SUMMARY: The Department of the Navy General (Admiralty and Maritime Law), M. Robb Hyde is amending its certifications and Office of the Judge Advocate General, Commander, JAGC, U.S. Navy, Deputy exemptions under the International Department of the Navy, 1322 Patterson Assistant Judge Advocate, General (Admiralty Regulations for Preventing Collisions at Ave., SE., Suite 3000, Washington Navy and Maritime Law). Sea, 1972 (72 COLREGS), to reflect that Yard, DC 20374–5066, telephone [FR Doc. E9–4094 Filed 2–25–09; 8:45 am] the Deputy Assistant Judge Advocate number: 202–685–5040. General (Admiralty and Maritime Law) BILLING CODE 3810–FF–P SUPPLEMENTARY INFORMATION: Pursuant has determined that USS DEWEY (DDG to the authority granted in 33 U.S.C. 105) is a vessel of the Navy which, due 1605, the Department of the Navy DEPARTMENT OF DEFENSE to its special construction and purpose, amends 32 CFR Part 706. cannot fully comply with certain This amendment provides notice that Department of the Navy provisions of the 72 COLREGS without the Deputy Assistant Judge Advocate interfering with its special function as a General (Admiralty and Maritime Law), 32 CFR Part 706 naval ship. The intended effect of this under authority delegated by the rule is to warn mariners in waters where Secretary of the Navy, has certified that Certifications and Exemptions Under 72 COLREGS apply. USS DEWEY (DDG 105) is a vessel of the International Regulations for DATES: This rule is effective February the Navy which, due to its special Preventing Collisions at Sea, 1972 26, 2009 and is applicable beginning construction and purpose, cannot fully February 11, 2009. comply with the following specific AGENCY: Department of the Navy, DoD. FOR FURTHER INFORMATION CONTACT: provisions of 72 COLREGS without ACTION: Final rule. Commander M. Robb Hyde, JAGC, U.S. interfering with its special function as a Navy, Deputy Assistant Judge Advocate naval ship: Annex I, paragraph 2(f)(i),
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pertaining to the placement of the impracticable, unnecessary, and Authority: 33 U.S.C. 1605. masthead light or lights above and clear contrary to public interest since it is ■ of all other lights and obstructions; based on technical findings that the 2. Section 706.2 is amended as Annex I, paragraph 2(f)(ii), pertaining to placement of lights on this vessel in a follows: the vertical placement of task lights; manner differently from that prescribed ■ A. In Table Four, Paragraph 15 by Annex I, paragraph 3(a), pertaining to herein will adversely affect the vessel’s adding, in numerical order, the the location of the forward masthead ability to perform its military functions. following entry for USS DEWEY (DDG light in the forward quarter of the ship, 105): and the horizontal distance between the List of Subjects in 32 CFR Part 706 ■ B. In Table Four, Paragraph 16 by forward and after masthead lights; and Marine safety, Navigation (water), and adding, in numerical order, the Annex I, paragraph 3(c), pertaining to Vessels. following entry for USS DEWEY (DDG placement of task lights not less than ■ For the reasons set forth in the 105): two meters from the fore and aft preamble, amend part 706 of title 32 of ■ C. In Table Five by adding, in centerline of the ship in the athwartship the Code of Federal Regulations as numerical order, the following entry for direction. The Deputy Assistant Judge follows: USS DEWEY (DDG 105): Advocate General (Admiralty and Maritime Law) has also certified that the PART 706—CERTIFICATIONS AND § 706.2 Certifications of the Secretary of lights involved are located in closest the Navy under Executive Order 11964 and EXEMPTIONS UNDER THE 33 U.S.C. 1605. possible compliance with the applicable INTERNATIONAL REGULATIONS FOR 72 COLREGS requirements. PREVENTING COLLISIONS AT SEA, * * * * * Moreover, it has been determined, in 1972 Table Four accordance with 32 CFR Parts 296 and 701, that publication of this amendment ■ 1. The authority citation for part 706 * * * * * for public comment prior to adoption is continues to read as follow: 15. * * *
Horizontal distance from the fore Vessel Number and aft centerline of the vessel in the athwartship direction
******* USS DEWEY ...... DDG 105 ...... 1.85 meters.
*******
16. * * *
Obstruction angle relative ship’s Vessel Number headings
******* USS DEWEY ...... DDG 105 ...... 109.52 thru 112.50 [degrees].
*******
* * * * *
TABLE FIVE
After mast- Masthead Forward mast- head light less lights not over head light not than 1⁄2 ship’s Percentage all other lights in forward length aft of horizontal Vessel Number and obstruc- quarter of forward mast- separation tions. Annex I, ship. Annex I, head light. attained sec. 2(f) sec. 3(a) Annex I, sec. 3(a)
******* USS DEWEY ...... DDG 105 ...... X X X 14.5
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Approved: February 11, 2009. Comments’’ portion of the Enter, and then click on the item in the M. Robb Hyde, SUPPLEMENTARY INFORMATION section Docket ID column. You may also visit Commander, JAGC, U.S. Navy, Deputy below. either the Docket Management Facility Assistant Judge Advocate, General (Admiralty FOR FURTHER INFORMATION CONTACT: If in Room W12–140 on the ground floor and Maritime Law). you have questions on this temporary of the Department of Transportation [FR Doc. E9–4095 Filed 2–25–09; 8:45 am] interim rule, call Ronald L. Houck, West Building, 1200 New Jersey Avenue BILLING CODE 3810–FF–P Waterways Management Division, at SE., Washington, DC 20590, between 9 410–576–2674 or 2693. If you have a.m. and 5 p.m., Monday through questions on viewing or submitting Friday, except Federal holidays; or the Commander, U. S. Coast Guard Sector DEPARTMENT OF HOMELAND material to the docket, call Renee V. Baltimore, 2401 Hawkins Point Road, SECURITY Wright, Program Manager, Docket Building 70, Baltimore, Maryland, Operations, telephone 202–366–9826. Coast Guard 21226–1791, between 8 a.m. and 3 p.m., SUPPLEMENTARY INFORMATION: Monday through Friday, except Federal 33 CFR Part 165 Public Participation and Request for holidays. We have an agreement with Comments the Department of Transportation to use [Docket No. USCG–2008–0129] the Docket Management Facility. We encourage you to participate in RIN 1625–AA00 this rulemaking by submitting Privacy Act comments and related materials. All Anyone can search the electronic Safety Zone; Baltimore Captain of the comments received will be posted, Port Zone form of comments received into any of without change, to http:// our dockets by the name of the AGENCY: Coast Guard, DHS. www.regulations.gov and will include individual submitting the comment (or any personal information you have ACTION: Temporary interim rule with signing the comment, if submitted on provided. request for comments. behalf of an association, business, labor Submitting comments: union, etc.). You may review a Privacy SUMMARY: The Coast Guard is If you submit a comment, please Act, system of records notice regarding establishing a temporary safety zone in include the docket number for this our public dockets in the January 17, all navigable waters of the Captain of rulemaking (USCG–2008–0129), 2008 issue of the Federal Register (73 the Port Baltimore zone. The temporary indicate the specific section of this FR 3316). safety zone restricts vessels from document to which each comment transiting the zone during the effective applies, and provide a reason for each Public Meeting period, unless authorized by the Captain suggestion or recommendation. You We do not now plan to hold a public of the Port Baltimore, or his designated may submit your comments and meeting. But you may submit a request representative. This safety zone is material online, or by fax, mail or hand for one to the Docket Management necessary to protect mariners from the delivery, but please use only one of Facility at the address under ADDRESSES hazards associated with ice in the these means. We recommend that you explaining why one would be navigable waterway. include your name and a mailing beneficial. If we determine that one address, an e-mail address, or a phone DATES: This rule is effective from would aid this rulemaking, we will hold number in the body of your document January 17, 2009 until April 15, 2009. one at a time and place announced by so that we can contact you if we have Comments and related material must a later notice in the Federal Register. questions regarding your submission. either be submitted to our online docket To submit your comment online, go to Regulatory Information via http://www.regulations.gov on or http://www.regulations.gov, select the The Coast Guard is issuing this before March 30, 2009 or reach the Advanced Docket Search option on the temporary final rule without prior Docket Management Facility by that right side of the screen, insert ‘‘USCG– notice and opportunity to comment date. 2008–0129’’ in the Docket ID box, press pursuant to authority under section 4(a) ADDRESSES: You may submit comments Enter, and then click on the balloon of the Administrative Procedure Act identified by docket number USCG– shape in the Actions column. If you (APA) (5 U.S.C. 553(b)). This provision 2008–0129 using any one of the submit your comments by mail or hand authorizes an agency to issue a rule following methods: delivery, submit them in an unbound without prior notice and opportunity to (1) Federal eRulemaking Portal: format, no larger than 81⁄2 by 11 inches, comment when the agency for good http://www.regulations.gov. suitable for copying and electronic cause finds that those procedures are (2) Fax: 202–493–2251. filing. If you submit them by mail and ‘‘impracticable, unnecessary, or contrary (3) Mail: Docket Management Facility would like to know that they reached to the public interest.’’ Under 5 U.S.C. (M–30), U.S. Department of the Facility, please enclose a stamped, 553(b)(B), the Coast Guard finds that Transportation, West Building Ground self-addressed postcard or envelope. We good cause exists for not publishing a Floor, Room W12–140, 1200 New Jersey will consider all comments and material notice of proposed rulemaking (NPRM) Avenue SE., Washington, DC 20590– received during the comment period with respect to this rule because any 0001. and may change this rule based on your delay encountered in this regulation’s (4) Hand delivery: Same as mail comments. effective date by publishing a NPRM address above, between 9 a.m. and 5 Viewing comments and documents: would be contrary to public interest. p.m., Monday through Friday, except To view comments, as well as Immediate action is needed to mitigate Federal holidays. The telephone number documents mentioned in this preamble the potential safety hazards associated is 202–366–9329. as being available in the docket, go to with ice in the navigable waterway to To avoid duplication, please use only http://www.regulations.gov, select the life and property. one of these methods. For instructions Advanced Docket Search option on the Under 5 U.S.C. 553(d)(3), the Coast on submitting comments, see the right side of the screen, insert USCG– Guard finds that good cause exists for ‘‘Public Participation and Request for 2008–0129 in the Docket ID box, press making this rule effective less than 30
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days after publication in the Federal threat ice in the COTP Baltimore zone prevents traffic from transiting the Register. Due to the unexpected nature poses to the maritime public. COTP Baltimore Zone, the effect of this and growth of ice formation in the regulation will not be significant Discussion of Rule Upper Chesapeake Bay and its because there is little vessel traffic tributaries and the Chesapeake and A safety zone is being established associated with recreational boating and Delaware (C & D) Canal, the safety zone encompassing the COTP Baltimore commercial fishing during the effective is necessary to protect life and property. Zone, as described in 33 CFR 3.25–15. period. The Captain of the PORT Baltimore Therefore a 30-day notice is Small Entities impracticable. anticipates only having to enforce certain parts of the regulated area at Under the Regulatory Flexibility Act Background and Purpose certain times. The purpose of this (5 U.S.C. 601–612), we have considered During a moderate or severe winter, regulation is to promote maritime safety, whether this rule would have a frozen waterways present numerous and to protect mariners transiting the significant economic impact on a hazards to vessels. Ice in a waterway area from the potential hazards due to substantial number of small entities. may hamper a vessel’s ability to ice conditions that become a threat to The term ‘‘small entities’’ comprises maneuver, and could cause visual aids navigation. The COTP will notify the small businesses, not-for-profit to navigation to be submerged, maritime community, via marine organizations that are independently destroyed or moved off station. Ice broadcasts, of the location and thickness owned and operated and are not abrasions and ice pressure could also of the ice as well as the ability of vessels dominant in their fields, and compromise a vessel’s watertight to transit through the safety zone governmental jurisdictions with integrity, and non-steel hulled vessels depending on the prevailing ice populations of less than 50,000. would be exposed to a greater risk of conditions. Prevailing ice conditions The Coast Guard certifies under hull breach. will be categorized as Condition One, 5 U.S.C. 605(b) that this rule will not have a significant economic impact on When ice conditions develop to a Condition Two, or Condition Three. Ice Condition One is an emergency a substantial number of small entities. point where vessel operations become This rule will affect the following unsafe, it becomes necessary to impose condition in which ice has largely covered the regulated area. Under these entities, some of which may be small operating restrictions to ensure the safe entities: the owners or operators of navigation of vessels. A safety zone is a conditions, convoys may be required and restrictions based on shaft vessels intending to operate, transit or tool available to the Captain of the Port anchor in the regulated area, from (COTP) to restrict and manage vessel horsepower and vessel transit may be imposed by the COTP on certain vessels January 17, 2009 until April 15, 2009. movement when hazardous conditions This safety zone will not have a exist. The COTP Baltimore is seeking to enter the safety zone. Ice Condition Two is an alert significant economic impact on a establishing a safety zone within all substantial number of small entities due navigable waters of the COTP Baltimore condition in which at least 2 inches of ice begins to form in the regulated area. to a lack of seasonal vessel traffic zone that will restrict access to certain associated with recreational boating and vessels meeting certain conditions The COTP Baltimore may impose restrictions, including but not limited commercial fishing during the effective specified. Those vessels prohibited from period. Although the safety zone will entering the safety zone will be notified to, those based on shaft horsepower and hull type restrictions for certain vessels apply to the entire COTP Baltimore via broadcast notice to mariners and Zone, the Captain of the PORT marine safety information bulletins. seeking to enter the safety zone. Ice Condition Three is a readiness Baltimore anticipates only having to Ice generally begins to form in the condition in which weather conditions enforce certain parts of the regulated Upper Chesapeake Bay and its are favorable for the formation of ice in area at certain times. Traffic will be tributaries, including the C & D Canal, the regulated area. Daily reports for the allowed to pass through the zone with in late December or early January. Coast Guard Stations and commercial the permission of the COTP Baltimore. During a moderate or severe winter, ice vessels are monitored, and no Also, the COTP will notify the maritime in navigable waters can become a limitations for vessels seeking to enter community, via marine broadcasts, of serious problem, requiring the use of the zone based on vessel traffic, hull the location and thickness of the ice, as federal, state and private ice breaking type or shaft horsepower are well as the ability of vessels to transit resources. The Commander, Coast anticipated. through the safety zone. Guard Sector Baltimore will use his COTP authority to promote vessel safety Regulatory Analyses Assistance for Small Entities in ice-congested waters and the We developed this rule after Under section 213(a) of the Small continuation of waterborne commerce considering numerous statutes and Business Regulatory Enforcement throughout the cold weather months. executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), Ice fields in the Upper Chesapeake Below we summarize our analyses we offer to assist small entities in Bay and its tributaries move with based on 13 of these statutes or understanding the rule so that they can prevailing winds and currents. Heavy executive orders. better evaluate its effects on them and ice buildups can occur in the C & D participate in the rulemaking process. Canal, from Town Point Wharf to Reedy Regulatory Planning and Review Small businesses may send comments Point. Other areas that are commonly This rule is not a significant on the actions of Federal employees affected by high volumes of ice are, the regulatory action under section 3(f) of who enforce, or otherwise determine Elk River, Susquehanna River, Patapsco Executive Order 12866, Regulatory compliance with, Federal regulations to River, Nanticoke River, Wicomico River, Planning and Review, and does not the Small Business and Agriculture Tangier Sound, Pocomoke River and require an assessment of potential costs Regulatory Enforcement Ombudsman Sound, and the Potomac River. Once ice and benefits under section 6(a)(3) of that and the Regional Small Business buildup begins it can affect the transit Order. The Office of Management and Regulatory Fairness Boards. The of large ocean-going vessels. This Budget has not reviewed it under that Ombudsman evaluates these actions regulation is intended to mitigate the Order. Although this regulation annually and rates each agency’s
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responsiveness to small business. If you 13175, Consultation and Coordination from further environmental wish to comment on actions by with Indian Tribal Governments, documentation. This rule establishes a employees of the Coast Guard, call because it does not have a substantial safety zone. 1–888–REG–FAIR (1–888–734–3247). direct effect on one or more Indian An environmental analysis checklist The Coast Guard will not retaliate tribes, on the relationship between the and a categorical exclusion against small entities that question or Federal Government and Indian tribes, determination will be available in the complain about this rule or any policy or on the distribution of power and docket where indicated under or action of the Coast Guard. responsibilities between the Federal ADDRESSES. Government and Indian tribes. Collection of Information List of Subjects in 33 CFR Part 165 Energy Effects This rule calls for no new collection Harbors, Marine safety, Navigation of information under the Paperwork We have analyzed this rule under (water), Reporting and recordkeeping Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions requirements, Security measures, 3520). Concerning Regulations That Waterways. Significantly Affect Energy Supply, Federalism ■ Distribution, or Use. We have For the reasons discussed in the A rule has implications for federalism determined that it is not a ‘‘significant preamble, the Coast Guard amends 33 under Executive Order 13132, energy action’’ under that order because CFR part 165 as follows: Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ effect on State or local governments and PART 165—REGULATED NAVIGATION under Executive Order 12866 and is not AREAS AND LIMITED ACCESS AREAS would either preempt State law or likely to have a significant adverse effect impose a substantial direct cost of on the supply, distribution, or use of ■ 1. The authority citation for part 165 compliance on them. We have analyzed energy. The Administrator of the Office continues to read as follows: this rule under that Order and have of Information and Regulatory Affairs Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. determined that it does not have has not designated it as a significant implications for federalism. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; energy action. Therefore, it does not 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. Unfunded Mandates Reform Act require a Statement of Energy Effects 107–295, 116 Stat. 2064; Department of under Executive Order 13211. Homeland Security Delegation No. 0170.1 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Technical Standards ■ 2. Add a new temporary § 165.T05– Federal agencies to assess the effects of The National Technology Transfer 0129 to read as follows: their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 particular, the Act addresses actions § 165.T05–0129 Safety zone; Baltimore U.S.C. 272 note) directs agencies to use Captain of the Port Zone. that may result in the expenditure by a voluntary consensus standards in their State, local, or tribal government, in the regulatory activities unless the agency (a) Regulated Area. The following area aggregate, or by the private sector of provides Congress, through the Office of is a safety zone: The navigable waters of $100,000,000 or more in any one year. Management and Budget, with an the Captain of the Port Baltimore Zone, Though this rule will not result in such explanation of why using these as described in 33 CFR 3.25–15. an expenditure, we do discuss the standards would be inconsistent with (b) Regulations. All persons are effects of this rule elsewhere in this applicable law or otherwise impractical. required to comply with the general preamble. Voluntary consensus standards are regulations governing safety zones in 33 CFR 165.23(d) of this part. Taking of Private Property technical standards (e.g., specifications of materials, performance, design, or (1) Vessels are prohibited from This rule will not effect a taking of entering into or moving within the private property or otherwise have operation; test methods; sampling procedures; and related management safety zone unless they meet the taking implications under Executive requirements set forth by the Captain of Order 12630, Governmental Actions and systems practices) that are developed or adopted by voluntary consensus the Port (COTP) Baltimore for the Interference with Constitutionally prevailing ice conditions. Requirements Protected Property Rights. standards bodies. This rule does not use technical for entry during periods when the safety Civil Justice Reform standards. Therefore, we did not zone is enforced will be described via Marine Safety Radio Broadcast on VHF– This rule meets applicable standards consider the use of voluntary consensus FM marine band radio, channel 22A in sections 3(a) and 3(b)(2) of Executive standards. (157.1 MHZ). Requirements may Order 12988, Civil Justice Reform, to Environment include, but are not limited to, the use minimize litigation, eliminate of convoys, and restrictions on shaft ambiguity, and reduce burden. We have analyzed this rule under Department of Homeland Security horsepower, and hull type restrictions, Protection of Children Management Directive 5100.1 and and will depend on the prevailing We have analyzed this rule under Commandant Instruction M16475.lD, conditions and vessel type. Executive Order 13045, Protection of which guide the Coast Guard in (2) Persons desiring to transit in the Children from Environmental Health complying with the National safety zone not meeting the Risks and Safety Risks. This rule is not Environmental Policy Act of 1969 requirements established by the COTP an economically significant rule and (NEPA) (42 U.S.C. 4321–4370f), and Baltimore must contact the COTP does not create an environmental risk to have concluded under the Instruction Baltimore or his designated health or risk to safety that may that there are no factors in this case that representative at telephone number disproportionately affect children. would limit the use of a categorical 410–576–2693 or on VHF–FM channel exclusion under section 2.B.2 of the 16 (156.8 MHZ) to seek permission prior Indian Tribal Governments Instruction. Therefore, this rule is to transiting the area. If permission is This rule does not have tribal categorically excluded, under figure 2– granted, all persons and vessels shall implications under Executive Order 1, paragraph (34)(g), of the Instruction, comply with the instructions of the
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COTP Baltimore or his designated DATES: Effective Date: This rule is adverse comment was received, EPA is representative. effective on February 26, 2009. withdrawing the direct final rule. (3) The Coast Guard vessels enforcing FOR FURTHER INFORMATION CONTACT: DATES: As of February 26, 2009, EPA this safety zone can be contacted on Sean Lakeman, Air Permit Section, Air withdraws the direct final rule VHF–FM marine band radio channel 16 Planning Branch, Air, Pesticides and published at 73 FR 72727 on December (156.8 MHZ). Upon being hailed by a Toxics Management Division, U.S. 1, 2008. U.S. Coast Guard vessel, or other Environmental Protection Agency, ADDRESSES: EPA has established a Federal, State, or local agency vessel, by Region 4, 61 Forsyth Street, SW., docket for this action under Docket ID siren, radio, flashing light, or other Atlanta, Georgia 30303–8960. The No. EPA–HQ–OAR–2004–0083. All means, the operator of a vessel shall telephone number is (404) 562–9043. documents in the docket are listed in proceed as directed. The COTP Mr. Lakeman can also be reached via the Federal Docket Management System Baltimore and his designated electronic mail at index at http://www.regulations.gov. representatives can be contacted at [email protected]. Although listed in the index, some telephone number 410–576–2693. information is not publicly available, SUPPLEMENTARY INFORMATION: EPA is (4) The COTP Baltimore or his e.g., confidential business information making a correction to the document designated representative will notify the or other information whose disclosure is published on December 31, 2008 (73 FR public of any changes in the status of restricted by statute. Certain other 78196), finalizing the update of the this safety zone by Marine Safety Radio material, such as copyrighted material, Florida OCS Air Regulations. EPA made Broadcast on VHF–FM marine band is not placed on the Internet and will be an inadvertent error on page 78197, radio channel 22A (157.1 MHZ). publicly available only in hard copy column 2, last full paragraph. This (d) Definitions. As used in this form. Publicly available docket paragraph begins with the phrase, section: materials are available either Captain of the Port Baltimore means ‘‘Under section 307(b)(1) of the CAA, electronically through http:// the Commander, U.S. Coast Guard petitions for judicial review of this www.regulations.gov or in hard copy at Sector Baltimore, Maryland. action must be filed in the United States the National Emission Standards for Designated representative means any Court of Appeals for the appropriate Hazardous Air Pollutants (NESHAP) for Coast Guard commissioned, warrant, or circuit by November 17, 2008’’. This Electric Arc Furnace Steelmaking petty officer who has been authorized date does not correctly allow for the 60 Facilities Docket, EPA/DC, EPA West, by the Captain of the Port Baltimore to day filing period. EPA is now correcting Room 3334, 1301 Constitution Ave., assist in enforcing the safety zone the date on page 78197, column 2, last NW., Washington, DC. The Public described in paragraph (b) of this full paragraph by replacing it with the Reading Room is open from 8:30 a.m. to section. following date: ‘‘March 1, 2009’’. 4:30 p.m., Monday through Friday, (e) Enforcement. The U.S. Coast Authority: 42 U.S.C. 7401 et seq. excluding legal holidays. The telephone Guard may be assisted in the patrol and number for the Public Reading Room is enforcement of the zones by Federal, Dated: January 20, 2009. (202) 566–1744, and the telephone State and local agencies. A. Stanley Meiburg, number for the Air Docket is (202) 566– (f) Enforcement period. This section Acting Regional Administrator, Region 4. 1742. will be enforced from January 17, 2009 [FR Doc. E9–4123 Filed 2–25–09; 8:45 am] until April 15, 2009. FOR FURTHER INFORMATION CONTACT: Mr. BILLING CODE 6560–50–P Phil Mulrine, Sector Policies and Dated: January 17, 2009. Programs Division, Office of Air Quality Austin J. Gould, Planning and Standards (D243–02), Commander, U.S. Coast Guard, Captain of ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency, the Port, Baltimore, Maryland, Acting. Research Triangle Park, North Carolina [FR Doc. E9–4067 Filed 2–25–09; 8:45 am] 40 CFR Part 63 27711, telephone number: (919) 541– BILLING CODE 4910–15–P 5289; fax number: (919) 541–3207; e- [EPA–HQ–OAR–2004–0083; FRL–8774–1] mail address: [email protected]. SUPPLEMENTARY INFORMATION: On ENVIRONMENTAL PROTECTION RIN 2060–AM71 December 1, 2008, we published a direct AGENCY National Emission Standards for final rule (73 FR 72727) and a parallel proposal (73 FR 72756) amending the 40 CFR Part 55 Hazardous Air Pollutants for Area Sources: Electric Arc Furnace NESHAP for Electric Arc Furnace [EPA–R04–OAR–2008–0605; FRL–8769–5] Steelmaking Facilities Steelmaking Facilities (40 CFR part 63, subpart YYYYY). These amendments Outer Continental Shelf Air AGENCY: Environmental Protection were issued as a direct final rule, along Regulations Consistency Update for Agency (EPA). with a parallel proposal to be used as Florida ACTION: Withdrawal of direct final rule. the basis for final action in the event AGENCY: Environmental Protection EPA received any adverse comments on Agency (EPA). SUMMARY: On December 1, 2008, EPA the direct final amendments. We stated ACTION: Final rule; correction. issued direct final amendments to the in that direct final rule that if we national emission standards for received adverse comment by December SUMMARY: On December 31, 2008, EPA hazardous air pollutants (NESHAP) for 31, 2008, we would publish a timely published a document finalizing the Electric Arc Furnace Steelmaking withdrawal in the Federal Register. update of the Florida Outer Continental Facilities. These amendments were Because an adverse comment was Shelf (OCS) Air Regulations. That issued as a direct final rule, along with received, EPA is withdrawing the direct document inadvertently listed the a parallel proposal to be used as the final rule published at 73 FR 72727 on incorrect filing action date for petitions basis for final action in the event EPA December 1, 2008 as of February 26, for judicial review. This document received any adverse comments on the 2009. We will address the adverse corrects that inadvertent error. direct final amendments. Because an comment in a subsequent final action
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based on the parallel proposal proposed rules section of this Federal that is placed in the public docket and published on December 1, 2008 (73 FR Register will serve as the proposal for made available on the Internet. If you 72756). As stated in the parallel purposes of this rulemaking action. EPA submit an electronic comment, EPA proposal, we will not institute a second will respond to public comments in a recommends that you include your comment period on this action. later final rule based on the proposal. name and other contact information in Nevada’s application for program the body of your comment and with any List of Subjects in 40 CFR Part 63 revision is available for public review disk or CD–ROM you submit. If EPA Environmental protection, Air and comment. EPA may not provide cannot read your comment due to pollution control, Hazardous further opportunity for comment. Any technical difficulties and cannot contact substances, Reporting and parties interested in commenting on this you for clarification, EPA may not be recordkeeping requirements. action should do so at this time. able to consider your comment. Dated: February 11, 2009. DATES: Final authorization will become Electronic files should avoid the use of Elizabeth Craig, effective on April 27, 2009 unless EPA special characters, any form of Acting Assistant Administrator, Office of Air receives adverse written comment on or encryption, and be free of any defects or and Radiation. before March 30, 2009. If EPA receives viruses. (For additional information about EPA’s public docket, visit the EPA ■ Accordingly, the amendments to the such comment, it will publish a timely Docket Center homepage at http:// rule published in the Federal Register withdrawal of this immediate final rule www.epa.gov/epahome/dockets.htm). on December 1, 2008 (73 FR 72727) are in the Federal Register and inform the Docket: All documents in the docket withdrawn as of February 26, 2009. public that this authorization will not take effect. are listed in the http:// [FR Doc. E9–4144 Filed 2–25–09; 8:45 am] ADDRESSES: Submit your comments, www.regulations.gov index. Although BILLING CODE 6560–50–P identified by Docket ID No. EPA–R09– listed in the index, some information is RCRA–2008–0726 by one of the not publicly available, e.g. , CBI or other information whose disclosure is ENVIRONMENTAL PROTECTION following methods: • http://www.regulations.gov: Follow restricted by statute. Certain other AGENCY the on-line instructions for submitting material, such as copyrighted material, will be publicly available only in hard 40 CFR Part 271 comments. • E-mail: [email protected]. copy. Publicly available docket [EPA–R09–RCRA–2008–0726; FRL–8771–8] • Fax: (415) 947–3533 (prior to materials are available either faxing, please notify the EPA contact electronically in http:// Nevada: Final Authorization of State listed below). www.regulations.gov or in hard copy. Hazardous Waste Management • Mail: Send written comments to You may view and copy Nevada’s Program Revision Jennifer Downey, Region IX (WST–2), application at the following addresses: Nevada Department of Conservation and AGENCY: Environmental Protection 75 Hawthorne Street, San Francisco, CA Natural Resources, Division of Agency (EPA). 94105. • Environmental Protection, 901 So. ACTION: Immediate final rule. Hand Delivery: Jennifer Downey, Region IX (WST–2), 75 Hawthorne Stewart Street, Ste. 4001, Carson City, SUMMARY: The State of Nevada applied Street, San Francisco, CA 94105. Such NV 89701, Phone: 775/687–4670, for final authorization of revisions to its deliveries are only accepted during the Business Hours: 9 a.m. to 5 p.m. hazardous waste management program office’s normal hours of operation, and Monday through Friday. U.S. EPA under the Resource Conservation and special arrangements should be made Region IX Library-Information Center, Recovery Act (RCRA), as amended. The for deliveries of boxed information. 75 Hawthorne Street, San Francisco, CA Environmental Protection Agency (EPA) Instructions: Direct your comments to 94105, Phone: 415/947–4406, Business has determined that these changes Docket ID No. EPA–R09–RCRA–2008– Hours: 9 a.m. to 12 p.m. and 1 p.m. to satisfy all of the requirements necessary 0726. EPA’s policy is that all comments 4 p.m. Monday through Thursday. to qualify for final authorization, and is received will be included in the public FOR FURTHER INFORMATION CONTACT: authorizing the State’s changes through docket without change and may be Jennifer Downey, Region IX (WST–2), this immediate final rule. EPA is made available online at http:// 75 Hawthorne Street, San Francisco, CA publishing this rule to authorize the www.regulations.gov including any 94105, Phone: 415/972–3342. E-mail: changes without a prior proposal personal information provided, unless [email protected]. because we believe that this action is the comment includes information SUPPLEMENTARY INFORMATION: not controversial and do not expect claimed to be Confidential Business comments that oppose it. In the Information (CBI) or other information A. Why are Revisions to State Programs Proposed Rules section of this Federal whose disclosure is restricted by statute. Necessary? Register, EPA is also publishing a Do not submit information that you States which have received Final proposal to authorize these changes to consider to be CBI or otherwise authorization from EPA under RCRA Nevada’s hazardous waste management protected through http:// section 3006(b), 42 U.S.C. 6926(b), must program. Unless we receive written www.regulations.gov or e-mail. The maintain a hazardous waste program comments that oppose this http://www.regulations.gov Web site is that is equivalent to, consistent with, authorization during the comment an ‘‘anonymous access’’ system, which and no less stringent than the Federal period, the decision to authorize means EPA will not know your identity program. As the Federal program Nevada’s changes to its hazardous waste or contact information unless you changes, States must revise their management program will take effect as provide it in the body of your comment. programs and ask EPA to authorize the provided below. If we receive comments If you send an e-mail comment directly revisions. Revisions to State programs that oppose this action, we will publish to EPA without going through http:// may be necessary when Federal or State a document in the Federal Register www.regulations.gov, your e-mail statutory or regulatory authority is withdrawing this rule before it takes address will be automatically captured modified or when certain other changes effect and the separate document in the and included as part of the comment occur. Most commonly, States must
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change their programs because of statutes and regulations) and suspend or Federal Register publication and changes to EPA’s regulations in 40 Code revoke permits; and effective dates apply to those revisions: of Federal Regulations (CFR) parts 124, • Take enforcement actions regardless April 29, 1992 effective June 29, 1992 260 through 266, 268, 270, 273 and 279. of whether the State has taken its own (57 FR 18083), May 27, 1994 effective States can also initiate their own actions. July 26, 1994 (59 FR 27472), April 11, changes to their hazardous waste This authorization action does not 1995 effective June 12, 1995 (60 FR program and these changes must then be impose additional requirements on the 18358), June 24, 1996 effective August authorized. regulated community because the 23, 1996 (60 FR 32345), January 29, regulations for which Nevada is being 1999 effective March 30, 1999 (64 FR B. What Decisions Have We Made in authorized are already effective under 4596), and June 12, 2002 effective This Rule? State law, and are not changed by this August 12, 2002 (67 FR 40229). authorization action. We conclude that Nevada’s G. What Changes Are We Authorizing application to revise its authorized D. Why Wasn’t There a Proposed Rule With This Action? program meets all of the statutory and Before This Rule? regulatory requirements established by On May 27, 2004, August 30, 2004, RCRA. Therefore, we grant Nevada Final EPA did not publish a proposal before January 25, 2005 and May 15, 2006, authorization to operate its hazardous today’s rule because we view this as a Nevada submitted final complete waste program with the changes routine program change and do not program revision applications for described in this rulemaking. Nevada expect comments that oppose this changes and additions to the Federal has responsibility for permitting approval. We are providing an RCRA implementing regulations that Treatment, Storage, and Disposal opportunity for public comment now. occurred between July 7, 1999 and July Facilities (TSDFs) within its borders You may not have another opportunity 1, 2005, seeking authorization of those (except in Indian Country) and for to comment. In addition to this rule, in changes, as well as miscellaneous carrying out all authorized aspects of the proposed rules section of today’s changes to its previously authorized the RCRA program described in its Federal Register, we are publishing a regulations, in accordance with 40 CFR revised program application, subject to separate document that proposes to 271.21. We now make an immediate the limitations of the Hazardous and authorize these State program changes. final decision, subject to receipt of Solid Waste Amendments of 1984 written comments that oppose this E. What Happens if EPA Receives action, that Nevada’s hazardous waste (HSWA). New Federal requirements and Comments That Oppose This Action? management program revision satisfies prohibitions imposed by HSWA If EPA receives comments that oppose all of the requirements necessary to regulations take effect as a matter of this authorization, we will withdraw qualify for final authorization. federal law in authorized States before this rule by publishing a document in Therefore, EPA grants Nevada’s final those States are authorized for such the Federal Register before the rule authorization for the following program requirements. Thus, EPA will becomes effective. EPA will then use the revisions: implement those requirements and proposal mentioned in the previous prohibitions in Nevada, including 1. Program Revision Changes for Federal paragraph in making any further issuing permits, until the State is Rules decision on the authorization of the granted authorization to do so. State program changes. EPA will also Nevada adopts by reference the C. What Is the Effect of This address all public comments in a later Federal RCRA regulations in effect as of Authorization Decision? final rule. If you want to comment on July 1, 2005 at Nevada Administrative this authorization, you must do so at Code (NAC), section 444.8632 as A facility in Nevada subject to RCRA this time. modified by sections 444.86325.1(d) and will now have to comply with the If we receive comments that oppose (f), 444.8633 and 444.8634 adopted authorized State requirements instead of only the authorization of a particular effective May 6, 2006. Nevada adopts the corresponding Federal requirements change to the State hazardous waste the Federal requirements under the state in order to comply with RCRA. program, we will withdraw that part of statutory authorities as found in the Additionally, facilities must comply this rule, but the authorization of the Nevada Revised Statutes (NRS), sections with any applicable Federally issued program changes that the comments do 459.485, 490, 500 and 550 effective requirements, such as, for example, not oppose will become effective on the 2005. The Federal requirements for HSWA regulations issued by EPA for date specified above. The Federal which the state is being authorized are which Nevada has not received Register withdrawal document will as follows: authorization, and RCRA requirements specify which part of the authorization that are not supplanted by authorized RCRA Cluster X (Federal Rules Published will become effective and which part is From July 7, 1999 to June 30, 2000) State-issued requirements. Nevada being withdrawn. continues to have enforcement (Adopted by Nevada as indicated in section responsibilities under its State law to F. What Has Nevada Previously Been 4 of LCB Petition No. R–2001–02 (filed with pursue violations of its hazardous waste Authorized For? the Secretary of State on December 6, 2000) and as amended by LCB Petition 2001–02 management program. EPA continues to Nevada initially received final [LCB R–037–01] (filed with the Secretary of have independent authority under authorization for the base RCRA State on October 25, 2001)). RCRA sections 3007, 3008, 3013, and program on August 19, 1985 effective Hazardous Air Pollutant Standards for 7003, which include, among others, the October 18, 1985 (50 FR 33359). Nevada Combustors, Miscellaneous Units, and authority to: has since received authorization for all Secondary Lead Smelters; Clarification of • Do inspections, and require revisions to the Federal RCRA program BIF Requirements; Technical Correction to monitoring, tests, analyses or reports; through June 1999, except for 40 CFR Fast-track Rule (64 FR 52828, 9/30/99 as • amended 64 FR 63209, 11/19/99) Enforce RCRA requirements section 260.22 and the final rule (Checklist 182); (including State-issued statutes and published on April 12, 1989 (61 FR Land Disposal Restrictions Phase IV— regulations that are authorized by EPA, 16289) addressing Imports and Exports Technical Corrections (64 FR 56469, 10/20/ and any applicable federally-issued of Hazardous Waste. The following 99) (Checklist 183);
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Accumulation Time for Waste Water Hazardous Air Pollutant Standards for H. Where Are the Revised State Rules Treatment Sludges (65 FR 12378, 3/8/00) Combustors—Corrections 2 (67 FR 77687, Different From the Federal Rules? (Checklist 184); 12/19/02) (Checklist 202). Vacatur of Organobromine Production Waste At NAC section 86325.1(f), Nevada RCRA Clusters XIV and XV (Federal Rules has not adopted the Federal exemption Listings (65 FR 14472, 3/17/00) (Checklist Published From July 1, 2003 to June 30, 185); 2005) at 40 CFR 264.1050(h) and 265.1050(g), Petroleum Refining Process Wastes— as addressed in the final rule for Surface Clarification (65 FR 36365, 6/8/00) (Adopted by Nevada as indicated in LCB File Coating of Automobiles and Light-Duty Number R175–05, effective May 4, 2006). (Checklist 187). Trucks (69 FR 22602, April 26, 2004; Recycled Used Oil Management Standards; RCRA Cluster XI (Federal Rules Published Checklist 205), thus the State’s Clarification (68 FR 44659, 7/30/03) From July 1, 2000 to June 30, 2001) (Checklist 203); regulation is more stringent than the (Adopted by Nevada as indicated in section National Environmental Performance Track Federal requirement. In addition, 4 of LCB Petition No. R–2001–02 [LCB R– Program (69 FR 21737, 4/22/04, as Nevada is more stringent with respect to 037–01] (filed with the Secretary of State on amended 69 FR 62217, 10/25/04) the July 30, 2003 final rule for the October 25, 2001)). (Checklist 204); Recycled Used Oil Management Hazardous Air Pollutant Standards; NESHAP: Surface Coating of Automobiles Standards (68 FR 44659; Checklist 203) Technical corrections (65 FR 42292, 7/10/ and Light-Duty Trucks; Final Rule (69 FR because at NAC 86325.1(d), the State 00 amended 66 FR 24270, 5/14/01 and 66 22601, 4/26/04) (Checklist 205); excludes 40 CFR 261.5(j) from its FR 35087, 7/3/01) (Checklist 188); Nonwastewaters from Dyes and Pigments (70 incorporation by reference. In contrast Chlorinated Aliphatics Listing and LDRs for FR 9138, 2/24/05) (Checklist 206); to the Federal code which directs Newly Identified Wastes (65 FR 67068, 11/ Uniform Hazardous Waste Manifest Rule (70 conditionally-exempt small quantity 8/00) (Checklist 189); FR 10776, 3/4/05, as amended 70 FR Land Disposal Restrictions Phase IV— 35034, 06/16/05) (Checklist 207); generator hazardous waste mixed with Deferral for PCBs in Soil (65 FR 81373, 12/ SW–846 Methods Innovation Rule (70 FR used oil to be handled according to the 26/00) (Checklist 190); 34538, 06/14/05) (Checklist 208). Part 279 standards (used oil), Nevada Mixed Waste Rule 66 FR 27218, 5/16/01) subjects such mixed wastes to its (Checklist 191); 2. Miscellaneous Changes hazardous wastes regulations. Other Mixture and Derived-From Rules Revisions than the April 26, 2004 and July 30, (66 FR 27266, 5/16/01) (Checklist 192A); During a review of Nevada’s regulations in 2002, EPA identified a 2003 final rules, Nevada incorporates by Land Disposal Restrictions Correction (66 FR reference the remaining Federal rules 27266, 5/16/01) (Checklist 192B); variety of changes that Nevada had Change of Official EPA Mailing Address (66 made to provisions EPA had previously listed in Section G; therefore, there are FR 34374, 6/28/01) (Checklist 193). authorized, as well as a number of State no significant differences between the remaining Federal rules and the revised RCRA Cluster XII (Federal Rules Published provisions that have never been From July 1, 2001 to June 30, 2002) authorized. In its program revision State rules being authorized today. applications described in Section G, There is an outstanding issue in the (Adopted by Nevada as indicated in section revised Nevada program that will not be 4 of LCB Petition No. 2002–11 [LCB R104– Nevada also addressed additional State- 02] (filed with the Secretary of State on initiated changes. These miscellaneous authorized at this time. The issue is October 18, 2002)). changes, which are listed following this discussed in detail here in order to alert Mixture and Derived-From Rules Revision II paragraph, generally (1) update the CFR the regulated community to the (66 FR 50332, 10/3/01 amended 66 FR reference dates to conform with the potential conflict between the Federal 60153, 12/3/01) (Checklist 194); State’s adoption of the Federal and State programs as they currently Inorganic Chemical Manufacturing Wastes regulations, (2) clarify and make the exist. The issue concerns Nevada’s Identification and Listing (66 FR 58258, State’s regulations more internally adoption of a program that regulates 11/20/01 amended 67 FR 17119, 4/9/02) consistent, or (3) bring the State antifreeze that is recycled and that (Checklist 195); either exhibits the toxicity characteristic CAMU Amendments (67 FR 2962, 1/22/02) regulations closer to the Federal language. EPA has evaluated the of hazardous waste, or is a listed (Checklist 196); hazardous waste in the state of origin. Interim Standards for Hazardous Air changes addressed in this section and Pollutants for Hazardous Waste has determined that the State’s Nevada’s program requirements may be Combustors (67 FR 6792, 2/13/02) authorized hazardous waste program, as less stringent than the federal program, (Checklist 197); amended by these provisions, remains and therefore EPA is not authorizing Hazardous Air Pollutant Standards for equivalent to, consistent with, and no Nevada’s spent antifreeze recycling Hazardous Waste Combustors (67 FR 6968, less stringent than the Federal RCRA program at this time. Generators and 2/14/02) (Checklist 198); program for which the State is recyclers of used antifreeze determined Vacatur of Mineral Processing Spent to be hazardous waste must continue to Materials Being Reclaimed as Solid Wastes authorized. Nevada Administrative Code (NAC), as comply with the requirements of 40 CFR and TCLP Use With MGP Waste (67 FR 261.6(b)–(d) ‘‘Requirements for 11251, 3/13/02) (Checklist 199). amended effective May 4, 2006, sections 444.84225 ‘‘Class 3 modification’’; 444.84235 Recyclable Materials’’ as adopted by RCRA Cluster XIII (Federal Rules Published ‘‘Delisted waste’’; 444.8427 ‘‘facility for reference by Nevada. From July 1, 2002 to June 30, 2003) community recycling’’; 444.84275 ‘‘facility (Adopted by Nevada as indicated in section for community storage’’; 444.8428 ‘‘facility I. Who Handles Permits After The 4 of LCB File No. R–126–03 [SEC 2003–06] for the management of hazardous waste’’; Authorization Takes Effect? (filed with the Secretary of State on April 13, 444.843 ‘‘hazardous waste’’ except (b) and NDEP will issue permits for all the 2004) and as amended by LCB File No. R– (c); 444.8432 ‘‘management of hazardous provisions for which it is authorized 208–03 [SEC 2003–08] (filed with the waste’’; 444.84335 ‘‘new or expanding Secretary of State on April 16, 2004)). and will administer the permits it facility for the management of hazardous issues. Section 3006(g)(1) of RCRA gives Zinc Fertilizers Made From Recycled waste’’; 444.84375; 444.850(2); 444.8546 Hazardous Secondary Material (67 FR ‘‘facility for the management of hazardous EPA the authority to issue or deny 48393, 7/24/02) (Checklist 200); waste’’; 444.8565 ‘‘hazardous waste’’ except permits or parts of permits for Treatment Variance for Radioactively 444.8565(b); 444.861 ‘‘used oil’’; 444.8618; requirements for which the state is not Contaminated Batteries (67 FR 62618, 10/ 444.86325(1)(a); 444.86325(1)(b); 444.8671; authorized. Therefore, whenever EPA 7/02) (Checklist 201); 444.8675(1)–(4); and 444.8688. adopts standards under HSWA for
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activities or wastes not currently L. Statutory and Executive Order 7. Executive Order 13045: Protection of covered by the authorized program, EPA Reviews Children From Environmental Health & may process RCRA permits in Nevada Safety Risks This rule only authorizes hazardous for the new or revised HSWA standards waste requirements pursuant to RCRA This rule is not subject to EO 13045 until NDEP has received final 3006 and imposes no requirements because it is not economically authorization for such new or revised other than those imposed by State law. significant and it is not based on health HSWA standards. EPA and NDEP have Therefore, this rule complies with or safety risks. agreed to a joint permitting process for applicable executive orders and facilities covered by both the authorized 8. Executive Order 13211: Actions That statutory provisions as follows: program and standards under HSWA for Significantly Affect Energy Supply, which the State is not yet authorized, 1. Executive Order 12866: Regulatory Distribution, or Use and for handling existing EPA permits Planning Review This rule is not subject to EO 13211 after the State receives authorization. The Office of Management and Budget because it is not a significant regulatory J. How Does Today’s Action Affect has exempted this rule from its review action as defined in EO 12866. Indian Country (18 U.S.C. 1151) in under Executive Order (EO) 12866. 9. National Technology Transfer Nevada? 2. Paperwork Reduction Act Advancement Act Nevada is not being authorized to This rule does not impose an EPA approves State programs as long operate any portion of the hazardous information collection burden under the as they meet criteria required by RCRA, waste management program in Indian Paperwork Reduction Act. so it would be inconsistent with country. Nevada is not authorized to applicable law for EPA, in its review of carry out its hazardous waste program 3. Regulatory Flexibility Act a State program, to require the use of in Indian country within the State, After considering the economic any particular voluntary consensus which includes the following: The impacts of today’s rule on small entities standard in place of another standard Confederated Tribes of the Goshute under the Regulatory Flexibility Act, I that meets the requirements of RCRA. Reservation; Duckwater Shoshone Tribe; certify that this rule will not have a Thus, section 12(d) of the National Ely Shoshone Tribe; Fort McDermitt significant economic impact on a Technology Transfer and Advance Act Paiute and Shoshone Tribes; Fort substantial number of small entities. does not apply to this rule. Mohave Indian Tribe; Las Vegas Tribe of 10. Congressional Review Act Paiute Indians; Lovelock Paiute Tribe; 4. Unfunded Mandates Reform Act Moapa Band of Paiute Indians; Paiute- EPA will submit a report containing Because this rule approves preexisting this rule and other information required Shoshone Tribe of the Fallon requirements under state law and does Reservation and Colony; Pyramid Lake by the Congressional Review Act (5 not impose any additional enforceable U.S.C. 801 et seq.) to the U.S. Senate, Paiute Tribe; Reno-Sparks Indian duty beyond that required by state law, Colony; Shoshone-Paiute Tribes of Duck the U.S. House of Representatives, and it does not contain any unfunded the Comptroller General of the United Valley Reservation; Summit Lake Paiute mandate or significantly or uniquely Tribe; Te-Moak Tribes of Western States prior to publication in the affect small governments, as described Federal Register. A major rule cannot Shoshone Indians; Walker River Paiute in the Unfunded Mandates Reform Act. Tribe; Washoe Tribe; Winnemucca take effect until 60 days after it is Indian Colony; Yerington Paiute Tribe; 5. Executive Order 13132: Federalism published in the Federal Register. This action is not a ‘‘major rule’’ as defined and the Yomba Shoshone Tribe. This EO 13132 does not apply to this rule authorization action has no effect in by 5 U.S.C. 804(2). This action will be because it will not have federalism effective on April 27, 2009. Indian country. EPA will continue to implications (i.e., substantial direct implement and administer the RCRA effects on the State, on the relationship List of Subjects in 40 CFR Part 271 program in Indian country within the between the national government and State. Environmental protection, the States, or on the distribution of Administrative practice and procedure, K. What Is Codification and Is EPA power and responsibilities among the Confidential business information, Codifying Nevada’s Hazardous Waste various levels of government) as Hazardous materials transportation, Management Program as Authorized in described in EO 13132. Hazardous waste, Indians—lands, This Rule? 6. Executive Order 13175: Consultation Intergovernmental relations, Penalties, and Coordination With Indian Tribal Reporting and recordkeeping Codification is the process of placing Governments requirements. the State’s statutes and regulations that comprise the State’s authorized EO 13175 does not apply to this rule Authority: This notice is issued under the authority of sections 2002(a), 3006 and hazardous waste management program because it will not have tribal 7004(b) of the Solid Waste Disposal Act as into the Code of Federal Regulations. implication (i.e., substantial direct amended 42 U.S.C. 6912(a), 6926, 6974(b). We do this by referencing the effects on one or more Indian tribes, on authorized State rules in 40 CFR part the relationship between the Federal Dated: January 29, 2009. 272. We reserve the amendment of 40 Government and Indian tribes, or on the Laura Yoshii, CFR part 272, subpart DD for this distribution of power and Acting Regional Administrator, Region 9. authorization of Nevada’s program responsibilities between the Federal [FR Doc. E9–4121 Filed 2–25–09; 8:45 am] changes. Government and Indian tribes). BILLING CODE 6560–50–P
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Proposed Rules Federal Register Vol. 74, No. 37
Thursday, February 26, 2009
This section of the FEDERAL REGISTER p.m., Monday through Friday, except would like to know that they reached contains notices to the public of the proposed Federal holidays. The telephone number the Facility, please enclose a stamped, issuance of rules and regulations. The is 202–366–9329. self-addressed postcard or envelope. We purpose of these notices is to give interested To avoid duplication, please use only will consider all comments and material persons an opportunity to participate in the one of these methods. For instructions received during the comment period rule making prior to the adoption of the final on submitting comments, see the rules. and may change the rule based on your ‘‘Public Participation and Request for comments. Comments’’ portion of the Viewing Comments and Documents DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION section SECURITY below. To view comments, as well as documents mentioned in this preamble FOR FURTHER INFORMATION CONTACT: If Coast Guard as being available in the docket, go to you have questions on this proposed http://www.regulations.gov, select the rule, call Petty Officer Kristen Beer, 33 CFR Part 165 Advanced Docket Search option on the USCG, Waterways Management, U.S. right side of the screen, insert USCG– [Docket No. USCG–2008–1220] Coast Guard Sector San Diego at (619) 2008–1220 in the Docket ID box, press 278–7262. If you have questions on RIN 1625–AA00 Enter, and then click on the item in the viewing or submitting material to the Docket ID column. You may also visit docket, call Renee V. Wright, Program Safety Zone; Blue Water Resort and either the Docket Management Facility Manager, Docket Operations, telephone in Room W12–140 on the ground floor Casino APBA National Tour Rounds 1 202–366–9826. & 2; Colorado River, Parker, AZ of the Department of Transportation SUPPLEMENTARY INFORMATION: West Building, 1200 New Jersey AGENCY: Coast Guard, DHS. Public Participation and Request for Avenue, SE., Washington, DC 20590, ACTION: Notice of proposed rulemaking. Comments between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays; SUMMARY: The Coast Guard proposes We encourage you to participate in or the U.S. Coast Guard Sector San establishing a temporary safety zone this rulemaking by submitting Diego, 2710 N. Harbor Drive, San Diego, within the Lake Moolvalya region of the comments and related materials. All CA 92101 between 8 a.m. and 3 p.m., navigable waters of the Colorado River comments received will be posted, Monday through Friday, except Federal in Parker, Arizona for the Blue Water without change, to http:// holidays. We have an agreement with Resort and Casino APBA National Tour www.regulations.gov and will include the Department of Transportation to use Rounds 1 and 2. This temporary safety any personal information you have the Docket Management Facility. zone is necessary to provide for the provided. Privacy Act safety of the participants, crew, Submitting Comments spectators, participating vessels, and Anyone can search the electronic other vessels and users of the waterway. If you submit a comment, please form of comments received into any of Persons and vessels are prohibited from include the docket number for this our dockets by the name of the entering into, transiting through, or rulemaking (USCG–2008–1220), individual submitting the comment (or anchoring within this safety zone unless indicate the specific section of this signing the comment, if submitted on authorized by the Captain of the Port, or document to which each comment behalf of an association, business, labor his designated representative. applies, and provide a reason for each union, etc.). You may review a Privacy suggestion or recommendation. You DATES: Comments and related material Act notice regarding our public dockets may submit your comments and must either be submitted to our online in the January 17, 2008 issue of the material online, or by fax, mail or hand docket via http://www.regulations.gov Federal Register (73 FR 3316). delivery, but please use only one of on or before March 30, 2009 or reach the these means. We recommend that you Public Meeting Docket Management Facility by that include your name and a mailing date. We do not now plan to hold a public address, an e-mail address, or a phone meeting. But you may submit a request ADDRESSES: You may submit comments number in the body of your document for one to the Docket Management identified by docket number USCG– so that we can contact you if we have Facility at the address under ADDRESSES 2008–1220 using any one of the questions regarding your submission. explaining why one would be following methods: To submit your comment online, go to beneficial. If we determine that one (1) Federal eRulemaking Portal: http://www.regulations.gov, select the would aid this rulemaking, we will hold http://www.regulations.gov. Advanced Docket Search option on the one at a time and place announced by (2) Fax: 202–493–2251. right side of the screen, insert ‘‘USCG– a later notice in the Federal Register. (3) Mail: Docket Management Facility 2008–1220’’ in the Docket ID box, press (M–30), U.S. Department of Enter, and then click on the balloon Background and Purpose Transportation, West Building Ground shape in the Actions column. If you The RPM Racing Enterprises is Floor, Room W12–140, 1200 New Jersey submit your comments by mail or hand sponsoring the Blue Water Resort and Avenue, SE., Washington, DC 20590– delivery, submit them in an unbound Casino APBA National Tour Rounds 1 0001. format, no larger than 81⁄2 by 11 inches, and 2, which is held on the Lake (4) Hand delivery: Same as mail suitable for copying and electronic Moolvalya region on the Colorado River address above, between 9 a.m. and 5 filing. If you submit them by mail and in Parker, Arizona. This temporary
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safety zone is necessary to provide for organizations that are independently effect on State or local governments and the safety of the participants, crew, owned and operated and are not would either preempt State law or spectators, sponsor vessels, and other dominant in their fields, and impose a substantial direct cost of users of the waterway. This event governmental jurisdictions with compliance on them. We have analyzed involves powerboats racing along a populations of less than 50,000. this proposed rule under that Order and circular course. The size of the boats The Coast Guard certifies under 5 have determined that it does not have varies from ten to 16 feet in length. U.S.C. 605(b) that this proposed rule implications for federalism. Approximately 90 to 130 boats will be would not have a significant economic Unfunded Mandates Reform Act participating in this event. The sponsor impact on a substantial number of small will provide two patrol and rescue boats entities. The Unfunded Mandates Reform Act and two river closure boats. This proposed rule would affect the of 1995 (2 U.S.C. 1531–1538) requires following entities, some of which might Federal agencies to assess the effects of Discussion of Proposed Rule be small entities: The owners or their discretionary regulatory actions. In The Coast Guard proposes operators of vessels intending to transit particular, the Act addresses actions establishing a safety zone that will be or anchor in a portion of the Colorado that may result in the expenditure by a enforced from 6 a.m. to 6 p.m. on May River from 6 a.m. to 6 p.m. on May 1, State, local, or tribal government, in the 1, 2009 through May 3, 2009. This safety 2009 through May 3, 2009. aggregate, or by the private sector of zone is necessary to provide for the This safety zone would not have a $100,000,000 or more in any one year. safety of the crews, spectators, significant economic impact on a Though this proposed rule would not participants, and other vessels and users substantial number of small entities for result in such an expenditure, we do of the waterway. Persons and vessels the following reasons. Although the discuss the effects of this rule elsewhere will be prohibited from entering into, safety zone would apply to the entire in this preamble. transiting through, or anchoring within width of the river, traffic would be this safety zone unless authorized by the allowed to pass through the zone with Taking of Private Property Captain of the Port, or his designated the permission of the Coast Guard patrol This proposed rule would not effect a representative. The limits of this commander. Before the effective period, taking of private property or otherwise temporary safety zone are the portion of the Coast Guard will publish a local have taking implications under the Colorado River from Headgate Dam notice to mariners (LNM). Executive Order 12630, Governmental to 0.5 miles north of Blue Water Marina, If you think that your business, Actions and Interference with Parker, Arizona. organization, or governmental Constitutionally Protected Property jurisdiction qualifies as a small entity Rights. Regulatory Analyses and that this rule would have a Civil Justice Reform We developed this proposed rule after significant economic impact on it, considering numerous statutes and please submit a comment (see This proposed rule meets applicable executive orders related to rulemaking. ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of Below we summarize our analyses qualifies and how and to what degree Executive Order 12988, Civil Justice based on 13 of these statutes or this rule would economically affect it. Reform, to minimize litigation, executive orders. eliminate ambiguity, and reduce Assistance for Small Entities burden. Regulatory Planning and Review Under section 213(a) of the Small Protection of Children This proposed rule is not a significant Business Regulatory Enforcement regulatory action under section 3(f) of Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule Executive Order 12866, Regulatory we want to assist small entities in under Executive Order 13045, Planning and Review, and does not understanding this proposed rule so that Protection of Children from require an assessment of potential costs they can better evaluate its effects on Environmental Health Risks and Safety and benefits under section 6(a)(3) of that them and participate in the rulemaking. Risks. This rule is not an economically Order. The Office of Management and If the rule would affect your small significant rule and would not create an Budget has not reviewed it under that business, organization, or governmental environmental risk to health or risk to Order. We expect the economic impact jurisdiction and you have questions safety that might disproportionately of this proposed rule to be so minimal concerning its provisions or options for affect children. that a full Regulatory Evaluation is compliance, please contact Petty Officer Indian Tribal Governments unnecessary. This determination is Kristen Beer, USCG, Waterway based on the size and location of the Management, U.S. Coast Guard Sector This proposed rule does not have safety zone. Commercial vessels will not San Diego at (619) 278–7262. The Coast tribal implications under Executive be hindered by the safety zone. Guard will not retaliate against small Order 13175, Consultation and Recreational vessels will not be allowed entities that question or complain about Coordination with Indian Tribal to transit through the established safety this proposed rule or any policy or Governments, because it would not have zone during the specified times unless action of the Coast Guard. a substantial direct effect on one or authorized to do so by the Captain of the more Indian tribes, on the relationship Port or his designated representative. Collection of Information between the Federal Government and This proposed rule would call for no Indian tribes, or on the distribution of Small Entities new collection of information under the power and responsibilities between the Under the Regulatory Flexibility Act Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. (5 U.S.C. 601–612), we have considered U.S.C. 3501–3520.). whether this proposed rule would have Energy Effects a significant economic impact on a Federalism We have analyzed this proposed rule substantial number of small entities. A rule has implications for federalism under Executive Order 13211, Actions The term ‘‘small entities’’ comprises under Executive Order 13132, Concerning Regulations That small businesses, not-for-profit Federalism, if it has a substantial direct Significantly Affect Energy Supply,
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Distribution, or Use. We have PART 165—REGULATED NAVIGATION DEPARTMENT OF HOMELAND determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS SECURITY energy action’’ under that order because it is not a ‘‘significant regulatory action’’ 1. The authority citation for part 165 Coast Guard under Executive Order 12866 and is not continues to read as follows: likely to have a significant adverse effect Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 33 CFR Part 165 on the supply, distribution, or use of Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; [Docket No. USCG–2008–1221] energy. The Administrator of the Office 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. of Information and Regulatory Affairs 107–295, 116 Stat. 2064; Department of RIN 1625–AA00 has not designated it as a significant Homeland Security Delegation No. 0170.1. energy action. Therefore, it does not Safety Zone; Blue Water Resort and 2. Add a new temporary zone Casino Spring Classic; Colorado River, require a Statement of Energy Effects § 165.T11–138 to read as follows: under Executive Order 13211. Parker, AZ § 165.T11–138 Safety Zone; Blue Water AGENCY: Technical Standards Resort and Casino APBA National Tour Coast Guard, DHS. ACTION: Notice of proposed rulemaking. The National Technology Transfer Rounds 1 & 2; Colorado River, Parker, AZ. and Advancement Act (NTTAA) (15 (a) Location. The limits of this SUMMARY: The Coast Guard proposes U.S.C. 272 note) directs agencies to use temporary safety zone are the portion of establishing a temporary safety zone voluntary consensus standards in their the Colorado River from Headgate Dam within the Lake Moolvalya region of the regulatory activities unless the agency to 0.5 miles north of the Bluewater navigable waters of the Colorado River provides Congress, through the Office of Marine in Parker, Arizona. in Parker, Arizona for the Blue Water Management and Budget, with an (b) Enforcement Period. This section Resort and Casino Spring Classic. This explanation of why using these will be enforced from 6 a.m. to 6 p.m. temporary safety zone is necessary to standards would be inconsistent with on May 1, 2009 through May 3, 2009. If provide for the safety of the applicable law or otherwise impractical. the event concludes prior to the participants, crew, spectators, Voluntary consensus standards are scheduled termination time, the Captain participating vessels, and other vessels technical standards (e.g., specifications of the Port will cease enforcement of and users of the waterway. Persons and of materials, performance, design, or this safety zone and will announce that vessels are prohibited from entering operation; test methods; sampling fact via Broadcast Notice to Mariners. into, transiting through, or anchoring procedures; and related management (c) Definitions. The following within this safety zone unless systems practices) that are developed or definition applies to this section: authorized by the Captain of the Port, or adopted by voluntary consensus Designated representative, means any his designated representative. standards bodies. commissioned, warrant, and petty DATES: Comments and related material This proposed rule does not use officers of the Coast Guard on board must either be submitted to our online technical standards. Therefore, we did Coast Guard, Coast Guard Auxiliary, docket via http://www.regulations.gov not consider the use of voluntary and local, state, and federal law on or before March 30, 2009 or reach the consensus standards. enforcement vessels who have been Docket Management Facility by that Environment authorized to act on the behalf of the date. Captain of the Port. We have analyzed this proposed rule (d) Regulations. (1) Entry into, transit ADDRESSES: You may submit comments under Department of Homeland through or anchoring within this safety identified by docket number USCG– Security Management Directive 5100.1 zone is prohibited unless authorized by 2008–1221 using any one of the and Commandant Instruction the Captain of the Port of San Diego or following methods: M16475.lD, which guide the Coast his designated on-scene representative. (1) Federal eRulemaking Portal: http://www.regulations.gov. Guard in complying with the National (2) Mariners requesting permission to (2) Fax: 202–493–2251. Environmental Policy Act of 1969 transit through the safety zone may (3) Mail: Docket Management Facility (NEPA) (42 U.S.C. 4321–4370f), and request authorization to do so from the (M–30), U.S. Department of have made a preliminary determination Patrol Commander (PATCOM). The Transportation, West Building Ground under the Instruction that this action is PATCOM may be contacted on VHF–FM Floor, Room W12–140, 1200 New Jersey not likely to have a significant effect on Channel 83. the human environment. An Avenue, SE., Washington, DC 20590– (3) All persons and vessels shall 0001. environmental analysis checklist comply with the instructions of the supporting this preliminary (4) Hand delivery: Same as mail Coast Guard Captain of the Port or the address above, between 9 a.m. and 5 determination is available in the docket designated representative. where indicated under ADDRESSES. We p.m., Monday through Friday, except (4) Upon being hailed by U.S. Coast seek any comments or information that Federal holidays. The telephone number Guard patrol personnel by siren, radio, may lead to the discovery of a is 202–366–9329. flashing light, or other means, the significant environmental impact from To avoid duplication, please use only operator of a vessel shall proceed as this proposed rule. one of these methods. For instructions directed. on submitting comments, see the List of Subjects in 33 CFR Part 165 (5) The Coast Guard may be assisted ‘‘Public Participation and Request for Harbors, Marine safety, Navigation by other federal, state, or local agencies. Comments’’ portion of the (water), Reporting and recordkeeping Dated: February 3, 2009. SUPPLEMENTARY INFORMATION section requirements, Security measures, T.H. Farris, below. Waterways. Captain, U.S. Coast Guard, Captain of the FOR FURTHER INFORMATION CONTACT: If For the reasons discussed in the Port San Diego. you have questions on this proposed preamble, the Coast Guard proposes to [FR Doc. E9–4069 Filed 2–25–09; 8:45 am] rule, call Petty Officer Kristen Beer, amend 33 CFR part 165 as follows: BILLING CODE 4910–15–P USCG, Waterways Management, U.S.
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Coast Guard Sector San Diego at (619) West Building, 1200 New Jersey the Colorado River from Headgate Dam 278–7262. If you have questions on Avenue, SE., Washington, DC 20590, to 0.5 miles north of Blue Water Marina, viewing or submitting material to the between 9 a.m. and 5 p.m., Monday Parker, Arizona. docket, call Renee V. Wright, Program through Friday, except Federal holidays; Regulatory Analyses Manager, Docket Operations, telephone or the U.S. Coast Guard Sector San 202–366–9826. Diego, 2710 N. Harbor Drive, San Diego, We developed this proposed rule after SUPPLEMENTARY INFORMATION: CA 92101 between 8 a.m. and 3 p.m., considering numerous statutes and Monday through Friday, except Federal executive orders related to rulemaking. Public Participation and Request for holidays. We have an agreement with Below we summarize our analyses Comments the Department of Transportation to use based on 13 of these statutes or We encourage you to participate in the Docket Management Facility. executive orders. this rulemaking by submitting comments and related materials. All Privacy Act Regulatory Planning and Review comments received will be posted, Anyone can search the electronic This proposed rule is not a significant without change, to http:// form of comments received into any of regulatory action under section 3(f) of www.regulations.gov and will include our dockets by the name of the Executive Order 12866, Regulatory any personal information you have individual submitting the comment (or Planning and Review, and does not provided. signing the comment, if submitted on require an assessment of potential costs behalf of an association, business, labor Submitting Comments and benefits under section 6(a)(3) of that union, etc.). You may review a Privacy Order. The Office of Management and If you submit a comment, please Act notice regarding our public dockets Budget has not reviewed it under that include the docket number for this in the January 17, 2008 issue of the Order. We expect the economic impact rulemaking (USCG–2008–1221), Federal Register (73 FR 3316). of this proposed rule to be so minimal indicate the specific section of this Public Meeting that a full Regulatory Evaluation is document to which each comment unnecessary. This determination is applies, and provide a reason for each We do not now plan to hold a public based on the size and location of the suggestion or recommendation. You meeting. But you may submit a request safety zone. Commercial vessels will not may submit your comments and for one to the Docket Management be hindered by the safety zone. material online, or by fax, mail or hand Facility at the address under ADDRESSES Recreational vessels will not be allowed delivery, but please use only one of explaining why one would be to transit through the established safety these means. We recommend that you beneficial. If we determine that one zone during the specified times unless include your name and a mailing would aid this rulemaking, we will hold authorized to do so by the Captain of the address, an e-mail address, or a phone one at a time and place announced by Port or his designated representative. number in the body of your document a later notice in the Federal Register. so that we can contact you if we have Small Entities questions regarding your submission. Background and Purpose To submit your comment online, go to The Southern California Speedboat Under the Regulatory Flexibility Act http://www.regulations.gov, select the Club is sponsoring the Blue Water (5 U.S.C. 601–612), we have considered Advanced Docket Search option on the Resort and Casino Spring Classic, which whether this proposed rule would have right side of the screen, insert ‘‘USCG– is held on the Lake Moolvalya region on a significant economic impact on a 2008–1221’’ in the Docket ID box, press the Colorado River in Parker, Arizona. substantial number of small entities. Enter, and then click on the balloon This proposed temporary safety zone is The term ‘‘small entities’’ comprises shape in the Actions column. If you necessary to provide for the safety of the small businesses, not-for-profit submit your comments by mail or hand participants, crew, spectators, sponsor organizations that are independently delivery, submit them in an unbound vessels, and other users of the owned and operated and are not dominant in their fields, and format, no larger than 81⁄2 by 11 inches, waterway. This event involves suitable for copying and electronic powerboats racing along a circular governmental jurisdictions with filing. If you submit them by mail and course. The size of the boats varies from populations of less than 50,000. would like to know that they reached ten to 21 feet in length. Approximately The Coast Guard certifies under 5 the Facility, please enclose a stamped, 70 to 100 boats will be participating in U.S.C. 605(b) that this proposed rule self-addressed postcard or envelope. We this event. The sponsor will provide two would not have a significant economic will consider all comments and material patrol and rescue boats and two river impact on a substantial number of small received during the comment period closure boats. entities. and may change the rule based on your This proposed rule would affect the Discussion of Proposed Rule comments. following entities, some of which might The Coast Guard proposes be small entities: the owners or Viewing Comments and Documents establishing a safety zone that will be operators of vessels intending to transit To view comments, as well as enforced from 6 a.m. to 6 p.m. on April or anchor in a portion of the Colorado documents mentioned in this preamble 17, 2009 through April 19, 2009. This River from 6 a.m. to 6 p.m. on April 17, as being available in the docket, go to safety zone is necessary to provide for 2009 through April 19, 2009. http://www.regulations.gov, select the the safety of the crews, spectators, This safety zone would not have a Advanced Docket Search option on the participants, and other vessels and users significant economic impact on a right side of the screen, insert USCG– of the waterway. Persons and vessels substantial number of small entities for 2008–1221 in the Docket ID box, press will be prohibited from entering into, the following reasons. Although the Enter, and then click on the item in the transiting through, or anchoring with safety zone would apply to the entire Docket ID column. You may also visit this safety zone unless authorized by the width of the river, traffic would be either the Docket Management Facility Captain of the Port, or his designated allowed to pass through the zone with in Room W12–140 on the ground floor representative. The limits of this the permission of the Coast Guard patrol of the Department of Transportation temporary safety zone are the portion of commander. Before the effective period,
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the Coast Guard will publish a local have taking implications under technical standards (e.g., specifications notice to mariners (LNM). Executive Order 12630, Governmental of materials, performance, design, or If you think that your business, Actions and Interference with operation; test methods; sampling organization, or governmental Constitutionally Protected Property procedures; and related management jurisdiction qualifies as a small entity Rights. systems practices) that are developed or and that this rule would have a adopted by voluntary consensus Civil Justice Reform significant economic impact on it, standards bodies. please submit a comment (see This proposed rule meets applicable This proposed rule does not use ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did qualifies and how and to what degree Executive Order 12988, Civil Justice not consider the use of voluntary this rule would economically affect it. Reform, to minimize litigation, consensus standards. eliminate ambiguity, and reduce Assistance for Small Entities burden. Environment Under section 213(a) of the Small We have analyzed this proposed rule Protection of Children Business Regulatory Enforcement under Department of Homeland Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule Security Management Directive 5100.1 we want to assist small entities in under Executive Order 13045, and Commandant Instruction understanding this proposed rule so that Protection of Children from M16475.lD, which guide the Coast they can better evaluate its effects on Environmental Health Risks and Safety Guard in complying with the National them and participate in the rulemaking. Risks. This rule is not an economically Environmental Policy Act of 1969 If the rule would affect your small significant rule and would not create an (NEPA)(42 U.S.C. 4321–4370f), and business, organization, or governmental environmental risk to health or risk to have made a preliminary determination jurisdiction and you have questions safety that might disproportionately under the Instruction that this action is concerning its provisions or options for affect children. not likely to have a significant effect on compliance, please contact Petty Officer Indian Tribal Governments the human environment. An Kristen Beer, USCG, Waterway environmental analysis checklist Management, U.S. Coast Guard Sector This proposed rule does not have supporting this preliminary San Diego at (619) 278–7262. The Coast tribal implications under Executive determination is available in the docket Guard will not retaliate against small Order 13175, Consultation and where indicated under ADDRESSES. We entities that question or complain about Coordination with Indian Tribal seek any comments or information that this proposed rule or any policy or Governments, because it would not have may lead to the discovery of a action of the Coast Guard. a substantial direct effect on one or significant environmental impact from more Indian tribes, on the relationship this proposed rule. Collection of Information between the Federal Government and This proposed rule would call for no Indian tribes, or on the distribution of List of Subjects in 33 CFR Part 165 new collection of information under the power and responsibilities between the Harbors, Marine safety, Navigation Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. (water), Reporting and recordkeeping U.S.C. 3501–3520.). Energy Effects requirements, Security measures, Waterways. Federalism We have analyzed this proposed rule For the reasons discussed in the A rule has implications for federalism under Executive Order 13211, Actions Concerning Regulations That preamble, the Coast Guard proposes to under Executive Order 13132, amend 33 CFR part 165 as follows: Federalism, if it has a substantial direct Significantly Affect Energy Supply, effect on State or local governments and Distribution, or Use. We have PART 165—REGULATED NAVIGATION would either preempt State law or determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS impose a substantial direct cost of energy action’’ under that order because compliance on them. We have analyzed it is not a ‘‘significant regulatory action’’ 1. The authority citation for part 165 this proposed rule under that Order and under Executive Order 12866 and is not continues to read as follows: have determined that it does not have likely to have a significant adverse effect Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. implications for federalism. on the supply, distribution, or use of Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; energy. The Administrator of the Office 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. Unfunded Mandates Reform Act of Information and Regulatory Affairs 107–295, 116 Stat. 2064; Department of The Unfunded Mandates Reform Act has not designated it as a significant Homeland Security Delegation No. 0170.1. of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not 2. Add a new temporary zone Federal agencies to assess the effects of require a Statement of Energy Effects § 165.T11–136 to read as follows: their discretionary regulatory actions. In under Executive Order 13211. particular, the Act addresses actions § 165.T11–136 Safety Zone; Blue Water Technical Standards that may result in the expenditure by a Resort and Casino Spring Classic; State, local, or tribal government, in the The National Technology Transfer Colorado River, Parker, AZ. aggregate, or by the private sector of and Advancement Act (NTTAA) (15 (a) Location. The limits of this $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use temporary safety zone are the portion of Though this proposed rule would not voluntary consensus standards in their the Colorado River from Headgate Dam result in such an expenditure, we do regulatory activities unless the agency to 0.5 miles north of the Bluewater discuss the effects of this rule elsewhere provides Congress, through the Office of Marine in Parker, Arizona. in this preamble. Management and Budget, with an (b) Enforcement Period. This section explanation of why using these will be enforced from 6 a.m. to 6 p.m. Taking of Private Property standards would be inconsistent with on April 17, 2009 through April 19, This proposed rule would not effect a applicable law or otherwise impractical. 2009. If the event concludes prior to the taking of private property or otherwise Voluntary consensus standards are scheduled termination time, the Captain
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of the Port will cease enforcement of entering into, transiting through, or these means. We recommend that you this safety zone and will announce that anchoring within this safety zone unless include your name and a mailing fact via Broadcast Notice to Mariners. authorized by the Captain of the Port, or address, an e-mail address, or a phone (c) Definitions. The following his designated representative. number in the body of your document definition applies to this section: DATES: Comments and related material so that we can contact you if we have designated representative, means any must either be submitted to our online questions regarding your submission. commissioned, warrant, and petty docket via http://www.regulations.gov To submit your comment online, go to officers of the Coast Guard on board on or before March 30, 2009 or reach the http://www.regulations.gov, select the Coast Guard, Coast Guard Auxiliary, Docket Management Facility by that Advanced Docket Search option on the and local, state, and federal law date. right side of the screen, insert ‘‘USCG– enforcement vessels who have been 2008–1260’’ in the Docket ID box, press ADDRESSES: You may submit comments authorized to act on the behalf of the Enter, and then click on the balloon identified by docket number USCG– Captain of the Port. shape in the Actions column. If you 2008–1260 using any one of the (d) Regulations. (1) Entry into, transit submit your comments by mail or hand following methods: through or anchoring within this safety delivery, submit them in an unbound (1) Federal eRulemaking Portal: zone is prohibited unless authorized by format, no larger than 81⁄2 by 11 inches, http://www.regulations.gov. the Captain of the Port of San Diego or suitable for copying and electronic (2) Fax: 202–493–2251. filing. If you submit them by mail and his designated on-scene representative. (3) Mail: Docket Management Facility would like to know that they reached (2) Mariners requesting permission to (M–30), U.S. Department of the Facility, please enclose a stamped, transit through the safety zone may Transportation, West Building Ground self-addressed postcard or envelope. We request authorization to do so from the Floor, Room W12–140, 1200 New Jersey will consider all comments and material Patrol Commander. The Patrol Avenue, SE., Washington, DC 20590– received during the comment period Commander may be contacted on VHF– 0001. FM Channel 83. (4) Hand delivery: Same as mail and may change the rule based on your (3) All persons and vessels shall address above, between 9 a.m. and 5 comments. comply with the instructions of the p.m., Monday through Friday, except Viewing Comments and Documents Coast Guard Captain of the Port or the Federal holidays. The telephone number To view comments, as well as designated representative. is 202–366–9329. To avoid duplication, (4) Upon being hailed by U.S. Coast documents mentioned in this preamble please use only one of these methods. as being available in the docket, go to Guard patrol personnel by siren, radio, For instructions on submitting flashing light, or other means, the http://www.regulations.gov, select the comments, see the ‘‘Public Participation Advanced Docket Search option on the operator of a vessel shall proceed as and Request for Comments’’ portion of directed. right side of the screen, insert USCG– the SUPPLEMENTARY INFORMATION section 2008–1260 in the Docket ID box, press (5) The Coast Guard may be assisted below. by other federal, state, or local agencies. Enter, and then click on the item in the FOR FURTHER INFORMATION CONTACT: If Docket ID column. You may also visit Dated: February 11, 2009. you have questions on this proposed either the Docket Management Facility T.H. Farris, rule, call Petty Officer Shane Jackson, in Room W12–140 on the ground floor Captain, U.S. Coast Guard, Captain of the USCG, Waterways Management, U.S. of the Department of Transportation Port San Diego. Coast Guard Sector San Diego at (619) West Building, 1200 New Jersey [FR Doc. E9–4070 Filed 2–25–09; 8:45 am] 278–2767. If you have questions on Avenue, SE., Washington, DC 20590, BILLING CODE 4910–15–P viewing or submitting material to the between 9 a.m. and 5 p.m., Monday docket, call Renee V. Wright, Program through Friday, except Federal holidays; Manager, Docket Operations, telephone or the U.S. Coast Guard Sector San DEPARTMENT OF HOMELAND 202–366–9826. Diego, 2710 N. Harbor Drive, San Diego, SECURITY SUPPLEMENTARY INFORMATION: CA 92101 between 8 a.m. and 2 p.m., Coast Guard Public Participation and Request for Monday through Friday, except Federal Comments holidays. We have an agreement with 33 CFR Part 165 the Department of Transportation to use We encourage you to participate in the Docket Management Facility. [Docket No. USCG–2008–1260] this rulemaking by submitting comments and related materials. All Privacy Act RIN 1625–AA00 comments received will be posted, Anyone can search the electronic Safety Zone; AVI May Fireworks without change, to http:// form of all comments received into any Display; Laughlin, NV www.regulations.gov and will include of our dockets by the name of the any personal information you have individual submitting the comment (or AGENCY: Coast Guard, DHS. provided. signing the comment, if submitted on behalf of an association, business, labor ACTION: Notice of proposed rulemaking. Submitting Comments union, etc.). You may review a Privacy SUMMARY: The Coast Guard proposes a If you submit a comment, please Act notice regarding our public dockets safety zone, on the navigable waters of include the docket number for this in the January 17, 2008 issue of the the lower Colorado River, Laughlin, NV, rulemaking (USCG–2008–1260), Federal Register (73 FR 3316). in support of a fireworks display near indicate the specific section of this the AVI Resort and Casino. This safety document to which each comment Public Meeting zone is necessary to provide for the applies, and provide a reason for each We do not now plan to hold a public safety of the participants, crew, suggestion or recommendation. You meeting. But you may submit a request spectators, participating vessels, and may submit your comments and for one to the Docket Management other vessels and users of the waterway. material online, or by fax, mail or hand Facility at the address under ADDRESSES Persons and vessels are prohibited from delivery, but please use only one of explaining why one would be
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beneficial. If we determine that one navigable waters of the Lower Colorado they can better evaluate its effects on would aid this rulemaking, we will hold River, Laughlin, NV, the effect of this them and participate in the rulemaking. one at a time and place announced by regulation will not be significant as the If the rule would affect your small a later notice in the Federal Register . safety zone will encompass only a business, organization, or governmental portion of the waterway and will be jurisdiction and you have questions Background and Purpose very short in duration. The entities most concerning its provisions or options for The Coast Guard is establishing a likely to be affected are pleasure craft compliance, please contact Petty Officer temporary safety zone on the navigable engaged in recreational activities and Shane Jackson, USCG, Waterways waters of the Lower Colorado River, sightseeing. As such, the Coast Guard Management, U.S. Coast Guard Sector Laughlin, NV in support of a fireworks expects the economic impact of this rule San Diego at (619) 278–7267. The Coast show in the navigation channel of the to be minimal. Guard will not retaliate against small Lower Colorado River, Laughlin, NV. Small Entities entities that question or complain about The fireworks show is being sponsored this rule or any policy or action of the by AVI Resort and Casino. The safety Under the Regulatory Flexibility Act Coast Guard. zone is set at a 1000 foot radius around (5 U.S.C. 601–612), we have considered the firing site. This temporary safety whether this proposed rule would have Collection of Information zone is necessary to provide for the a significant economic impact on a This proposed rule would call for no safety of the show’s crew, spectators, substantial number of small entities. new collection of information under the participants of the event, participating The term ‘‘small entities’’ comprises Paperwork Reduction Act of 1995 (44 vessels, and other vessels and users of small businesses, not-for-profit U.S.C. 3501–3520). the waterway. organizations that are independently owned and operated and are not Federalism Discussion of Proposed Rule dominant in their fields, and A rule has implications for federalism The Coast Guard proposes a safety governmental jurisdictions with under Executive Order 13132, zone that would be enforced from 8 p.m. populations of less than 50,000. Federalism, if it has a substantial direct to 9:45 p.m. on May 24, 2009. The limit The Coast Guard certifies under 5 effect on State or local governments and of the safety zone is to include all U.S.C. 605(b) that this proposed rule would either preempt State law or navigable waters within 1,000 feet of the would not have a significant economic impose a substantial direct cost of firing location adjacent to the AVI impact on a substantial number of small compliance on them. We have analyzed Resort and Casino centered in the entities. this proposed rule under that Order and channel between Laughlin Bridge and This proposed rule would affect the have determined that it does not have the northwest point of AVI Resort and following entities, some of which might implications for federalism. Casino Cove in position: 35°00′45″ N, be small entities: the owners or 114°38′16″ W. operators of vessels intending to transit Unfunded Mandates Reform Act This safety zone is necessary to or anchor in the region of the lower The Unfunded Mandates Reform Act provide for the safety of the crews, Colorado River adjacent to AVI Resort of 1995 (2 U.S.C. 1531–1538) requires spectators, and participants of the event and Casino from 8 p.m. to 9:45 p.m. on Federal agencies to assess the effects of and to protect other vessels and users of May 24, 2009. their discretionary regulatory actions. In the waterway. Persons and vessels will This safety zone will not have a particular, the Act addresses actions be prohibited from entering into, significant economic impact on a that may result in the expenditure by a transiting through, or anchoring within substantial number of small entities for State, local, or tribal government, in the this safety zone unless authorized by the the following reasons. The safety zone aggregate, or by the private sector of Captain of the Port, or his designated only encompasses a portion of the $100,000,000 or more in any one year. representative. waterway, it is short in duration at a Though this proposed rule would not U.S. Coast Guard personnel would relatively late hour when commercial result in such an expenditure, we do enforce this safety zone. Other Federal, traffic is low, and the Captain of the Port discuss the effects of this rule elsewhere State, or local agencies may assist the may authorize entry into the zone, if in this preamble. Coast Guard, including the Coast Guard necessary. Before the effective period, Auxiliary. the Coast Guard will publish a local Taking of Private Property notice to mariners (LNM) and will issue This proposed rule would not effect a Regulatory Analyses broadcast notice to mariners (BNM) taking of private property or otherwise We developed this proposed rule after alerts via marine channel 16 VFH before have taking implications under considering numerous statutes and the safety zone is enforced. Executive Order 12630, Governmental executive orders related to rulemaking. If you think that your business, Actions and Interference with Below we summarize our analyses organization, or governmental Constitutionally Protected Property based on 13 of these statutes or jurisdiction qualifies as a small entity Rights. executive orders. and that this rule would have a significant economic impact on it, Civil Justice Reform Regulatory Planning and Review please submit a comment (see This proposed rule meets applicable This proposed rule is not a significant ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of regulatory action under section 3(f) of qualifies and how and to what degree Executive Order 12988, Civil Justice Executive Order 12866, Regulatory this rule would economically affect it. Reform, to minimize litigation, Planning and Review, and does not eliminate ambiguity, and reduce require an assessment of potential costs Assistance for Small Entities burden. and benefits under section 6(a)(3) of that Under section 213(a) of the Small Order. The Office of Management and Business Regulatory Enforcement Protection of Children Budget has not reviewed it under that Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule Order. Although the safety zone will we want to assist small entities in under Executive Order 13045, restrict boating traffic within the understanding this proposed rule so that Protection of Children from
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Environmental Health Risks and Safety Guard in complying with the National (d) Regulations. (1) Entry into, transit Risks. This rule is not an economically Environmental Policy Act of 1969 through or anchoring within this safety significant rule and would not create an (NEPA) (42 U.S.C. 4321–4370f), and zone is prohibited unless authorized by environmental risk to health or risk to have made a preliminary determination the Captain of the Port of San Diego or safety that might disproportionately under the Instruction that this action is his designated on-scene representative. affect children. not likely to have a significant effect on (2) Mariners requesting permission to the human environment. An transit through the safety zone may Indian Tribal Governments environmental analysis checklist request authorization to do so from the This proposed rule does not have supporting this preliminary Patrol Commander (PATCOM). The tribal implications under Executive determination is available in the docket PATCOM may be contacted on VHF–FM Order 13175, Consultation and where indicated under ADDRESSES. We Channel 16. Coordination with Indian Tribal seek any comments or information that (3) All persons and vessels shall Governments, because it would not have may lead to the discovery of a comply with the instructions of the a substantial direct effect on one or significant environmental impact from Coast Guard Captain of the Port or the more Indian tribes, on the relationship this proposed rule. designated representative. between the Federal Government and (4) Upon being hailed by U.S. Coast Indian tribes, or on the distribution of List of Subjects in 33 CFR Part 165 Guard patrol personnel by siren, radio, power and responsibilities between the Harbors, Marine safety, Navigation flashing light, or other means, the Federal Government and Indian tribes. (water), Reporting and recordkeeping operator of a vessel shall proceed as directed. Energy Effects requirements, Security measures, Waterways. (5) The Coast Guard may be assisted We have analyzed this proposed rule by other federal, state, or local agencies. For the reasons discussed in the under Executive Order 13211, Actions Dated: February 6, 2009. preamble, the Coast Guard proposes to Concerning Regulations That T.H. Farris, Significantly Affect Energy Supply, amend 33 CFR part 165 as follows: Captain, U.S. Coast Guard, Captain of the Distribution, or Use. We have Port San Diego. determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION [FR Doc. E9–4071 Filed 2–25–09; 8:45 am] energy action’’ under that order because AREAS AND LIMITED ACCESS AREAS BILLING CODE 4910–15–P it is not a ‘‘significant regulatory action’’ 1. The authority citation for part 165 under Executive Order 12866 and is not continues to read as follows: likely to have a significant adverse effect DEPARTMENT OF HOMELAND on the supply, distribution, or use of Authority: 33 U.S.C. 122, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; SECURITY energy. The Administrator of the Office 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; of Information and Regulatory Affairs Pub. L. 107–295, 116 Stat. 2064; Department Coast Guard has not designated it as a significant of Homeland Security Delegation No. 0170.1. energy action. Therefore, it does not 33 CFR Part 165 require a Statement of Energy Effects 2. A new temporary safety zone under Executive Order 13211. § 165.T11–147 is added to read as [Docket No. USCG–2008–1253] follows: RIN 1625–AA00 Technical Standards § 165.T11–147 Safety zone; AVI May The National Technology Transfer Fireworks Display; Laughlin, Nevada. Safety Zone; Dutch Shoe Regatta; San and Advancement Act (NTTAA) (15 Diego Harbor, San Diego, CA U.S.C. 272 note) directs agencies to use (a) Location. The limits of the AGENCY: Coast Guard, DHS. voluntary consensus standards in their proposed safety zone are as follows: will regulatory activities unless the agency include all navigable waters within ACTION: Notice of proposed rulemaking. 1000 feet of the firing location adjacent provides Congress, through the Office of SUMMARY: The Coast Guard proposes Management and Budget, with an to the AVI Resort and Casino centered in the channel between Laughlin Bridge establishing a temporary safety zone explanation of why using these within the navigable waters of the San standards would be inconsistent with and the northwest point of AVI Resort and Casino Cove in position: 35°00′45″ Diego Harbor in San Diego, California applicable law or otherwise impractical. ° ′ ″ for the Dutch Shoe Regatta. This Voluntary consensus standards are N, 114 38 16 W. (b) Enforcement Period. This section temporary safety zone is necessary to technical standards (e.g., specifications provide for the safety of the of materials, performance, design, or will be enforced from 8 p.m. to 9:45 p.m. on May 24, 2009. If the event participants, crew, spectators, operation; test methods; sampling participating vessels, and other users procedures; and related management concludes prior to the scheduled termination time, the Captain of the Port and vessels of the waterway. Persons systems practices) that are developed or and vessels are prohibited from entering adopted by voluntary consensus will cease enforcement of this safety zone and will announce that fact via into, transiting through, or anchoring standards bodies. within this safety zone unless This proposed rule does not use Broadcast Notice to Mariners. (c) Definitions. The following authorized by the Captain of the Port, or technical standards. Therefore, we did his designated representative. not consider the use of voluntary definition applies to this section: DATES: Comments and related material consensus standards. designated representative, means any commissioned, warrant, and petty must either be submitted to our online Environment officers of the Coast Guard on board docket via http://www.regulations.gov We have analyzed this proposed rule Coast Guard, Coast Guard Auxiliary, on or before March 30, 2009 or reach the under Department of Homeland and local, state, and federal law Docket Management Facility by that Security Management Directive 5100.1 enforcement vessels who have been date. and Commandant Instruction authorized to act on the behalf of the ADDRESSES: You may submit comments M16475.lD, which guide the Coast Captain of the Port. identified by docket number USCG–
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2008–1253 using any one of the Enter, and then click on the balloon safety of the participants, crew, following methods: shape in the Actions column. If you spectators, sponsor vessels, (1) Federal eRulemaking Portal: submit your comments by mail or hand participating vessels, and other users http://www.regulations.gov. delivery, submit them in an unbound and vessels of the waterway. Persons (2) Fax: 202–493–2251. format, no larger than 81⁄2 by 11 inches, and vessels are prohibited from entering (3) Mail: Docket Management Facility suitable for copying and electronic into, transiting through, or anchoring (M–30), U.S. Department of filing. If you submit them by mail and within this safety zone unless Transportation, West Building Ground would like to know that they reached authorized by the Captain of the Port, or Floor, Room W12–140, 1200 New Jersey the Facility, please enclose a stamped, his designated representative. Avenue, SE., Washington, DC 20590– self-addressed postcard or envelope. We Discussion of Proposed Rule 0001. will consider all comments and material (4) Hand delivery: Same as mail received during the comment period The Coast Guard proposes address above, between 9 a.m. and 5 and may change the rule based on your establishing a safety zone that would be p.m., Monday through Friday, except comments. enforced from 11 a.m. to 3 p.m. on July Federal holidays. The telephone number 24, 2009. The limits of the safety zone is 202–366–9329. Viewing Comments and Documents would be encompassed by the following To avoid duplication, please use only To view comments, as well as coordinates: 32°42.48′ N, 117°14.00′ W; one of these methods. For instructions documents mentioned in this preamble 32°42.17′ N, 117°14.08′ W; 32°42.96′ N, on submitting comments, see the as being available in the docket, go to 117°13.60′ W; 32°42.19′ N, 117°13.50′ ‘‘Public Participation and Request for http://www.regulations.gov, select the W. Comments’’ portion of the Advanced Docket Search option on the The safety zone is necessary to SUPPLEMENTARY INFORMATION section right side of the screen, insert USCG– provide for the safety of the below. 2008–1253 in the Docket ID box, press participants, crew, spectators, sponsor Enter, and then click on the item in the vessels, participating vessels, and other FOR FURTHER INFORMATION CONTACT: If Docket ID column. You may also visit users and vessels of the waterway. you have questions on this proposed either the Docket Management Facility Persons and vessels will be prohibited rule, call Petty Officer Kristen Beer, in Room W12–140 on the ground floor from entering into, transiting through, or USCG, Waterways Management, U.S. of the Department of Transportation anchoring within this safety zone unless Coast Guard Sector San Diego at (619) West Building, 1200 New Jersey authorized by the Captain of the Port, or 278–7262. If you have questions on Avenue, SE., Washington, DC 20590, his designated representative. viewing or submitting material to the between 9 a.m. and 5 p.m., Monday docket, call Renee V. Wright, Program Regulatory Analyses through Friday, except Federal holidays; Manager, Docket Operations, telephone or the U.S. Coast Guard Sector San We developed this proposed rule after 202–366–9826. Diego, 2710 N. Harbor Drive, San Diego, considering numerous statutes and SUPPLEMENTARY INFORMATION: CA 92101–1064 between 8 a.m. and 3 executive orders related to rulemaking. Public Participation and Request for p.m., Monday through Friday, except Below we summarize our analyses Comments Federal holidays. We have an agreement based on 13 of these statutes or with the Department of Transportation executive orders. We encourage you to participate in to use the Docket Management Facility. this rulemaking by submitting Regulatory Planning and Review comments and related materials. All Privacy Act This proposed rule is not a significant comments received will be posted, Anyone can search the electronic regulatory action under section 3(f) of without change, to http:// form of comments received into any of Executive Order 12866, Regulatory www.regulations.gov and will include our dockets by the name of the Planning and Review, and does not any personal information you have individual submitting the comment (or require an assessment of potential costs provided. signing the comment, if submitted on and benefits under section 6(a)(3) of that Order. The Office of Management and Submitting Comments behalf of an association, business, labor union, etc.). You may review a Privacy Budget has not reviewed it under that If you submit a comment, please Act notice regarding our public dockets Order. We expect the economic impact include the docket number for this in the January 17, 2008 issue of the of this proposed rule to be so minimal rulemaking (USCG–2008–1253), Federal Register (73 FR 3316). that a full Regulatory Evaluation is indicate the specific section of this unnecessary. This determination is document to which each comment Public Meeting based on the size, location and duration applies, and provide a reason for each We do not now plan to hold a public of the safety zone. Commercial vessels suggestion or recommendation. You meeting. But you may submit a request will not be hindered by the safety zone. may submit your comments and for one to the Docket Management Recreational vessels will not be allowed material online, or by fax, mail or hand Facility at the address under ADDRESSES to transit through the designated safety delivery, but please use only one of explaining why one would be zone during specified times. these means. We recommend that you beneficial. If we determine that one Small Entities include your name and a mailing would aid this rulemaking, we will hold address, an e-mail address, or a phone one at a time and place announced by Under the Regulatory Flexibility Act number in the body of your document a later notice in the Federal Register. (5 U.S.C. 601–612), we have considered so that we can contact you if we have whether this proposed rule would have questions regarding your submission. Background and Purpose a significant economic impact on a To submit your comment online, go to The San Diego Yacht Club is substantial number of small entities. http://www.regulations.gov, select the sponsoring the Dutch Shoe Regatta, The term ‘‘small entities’’ comprises Advanced Docket Search option on the which is held in the San Diego Harbor small businesses, not-for-profit right side of the screen, insert ‘‘USCG– in San Diego, CA. This temporary safety organizations that are independently 2008–1253’’ in the Docket ID box, press zone is necessary to provide for the owned and operated and are not
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dominant in their fields, and Federalism Energy Effects governmental jurisdictions with We have analyzed this proposed rule populations of less than 50,000. A rule has implications for federalism under Executive Order 13132, under Executive Order 13211, Actions The Coast Guard certifies under 5 Federalism, if it has a substantial direct Concerning Regulations That U.S.C. 605(b) that this proposed rule effect on State or local governments and Significantly Affect Energy Supply, would not have a significant economic would either preempt State law or Distribution, or Use. We have impact on a substantial number of small impose a substantial direct cost of determined that it is not a ‘‘significant entities. compliance on them. We have analyzed energy action’’ under that order because This proposed rule would affect the this proposed rule under that Order and it is not a ‘‘significant regulatory action’’ following entities, some of which might have determined that it does not have under Executive Order 12866 and is not be small entities: the owners or implications for federalism. likely to have a significant adverse effect operators of vessels intending to transit on the supply, distribution, or use of or anchor in a portion of the San Diego Unfunded Mandates Reform Act energy. The Administrator of the Office Harbor from 11 a.m. to 3 p.m. on July The Unfunded Mandates Reform Act of Information and Regulatory Affairs 24, 2009. of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant This safety zone would not have a Federal agencies to assess the effects of energy action. Therefore, it does not significant economic impact on a their discretionary regulatory actions. In require a Statement of Energy Effects substantial number of small entities for particular, the Act addresses actions under Executive Order 13211. the following reasons. This rule would that may result in the expenditure by a Technical Standards be in effect for only 3 hours early in the State, local, or tribal government, in the day when vessel traffic is low. Although aggregate, or by the private sector of The National Technology Transfer the safety zone would apply to the $100,000,000 or more in any one year. and Advancement Act (NTTAA) (15 entire width of the harbor, traffic would Though this proposed rule would not U.S.C. 272 note) directs agencies to use be allowed to pass through the zone result in such an expenditure, we do voluntary consensus standards in their with the permission of the Coast Guard discuss the effects of this rule elsewhere regulatory activities unless the agency patrol commander. Before the effective in this preamble. provides Congress, through the Office of period, the Coast Guard will publish a Management and Budget, with an Taking of Private Property local notice to mariners (LNM) and will explanation of why using these standards would be inconsistent with issue broadcast notice to mariners This proposed rule would not effect a applicable law or otherwise impractical. (BNM) alerts via marine channel 16 taking of private property or otherwise Voluntary consensus standards are VHF before the safety zone is enforced. have taking implications under technical standards (e.g., specifications Executive Order 12630, Governmental If you think that your business, of materials, performance, design, or Actions and Interference with organization, or governmental operation; test methods; sampling Constitutionally Protected Property jurisdiction qualifies as a small entity procedures; and related management Rights. and that this rule would have a systems practices) that are developed or significant economic impact on it, Civil Justice Reform adopted by voluntary consensus please submit a comment (see standards bodies. ADDRESSES) explaining why you think it This proposed rule meets applicable This proposed rule does not use qualifies and how and to what degree standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did this rule would economically affect it. Executive Order 12988, Civil Justice not consider the use of voluntary Reform, to minimize litigation, Assistance for Small Entities consensus standards. eliminate ambiguity, and reduce Under section 213(a) of the Small burden. Environment Business Regulatory Enforcement Protection of Children We have analyzed this proposed rule Fairness Act of 1996 (Pub. L. 104–121), under Department of Homeland we want to assist small entities in We have analyzed this proposed rule Security Management Directive 5100.1 understanding this proposed rule so that under Executive Order 13045, and Commandant Instruction they can better evaluate its effects on Protection of Children from M16475.lD, which guide the Coast them and participate in the rulemaking. Environmental Health Risks and Safety Guard in complying with the National If the rule would affect your small Risks. This rule is not an economically Environmental Policy Act of 1969 business, organization, or governmental significant rule and would not create an (NEPA) (42 U.S.C. 4321–4370f), and jurisdiction and you have questions environmental risk to health or risk to have made a preliminary determination concerning its provisions or options for safety that might disproportionately under the Instruction that this action is compliance, please contact Petty Officer affect children. not likely to have a significant effect on Kristen Beer, USCG, Waterways Indian Tribal Governments the human environment. An Management, U.S. Coast Guard Sector environmental analysis checklist San Diego at (619) 278–7262. The Coast This proposed rule does not have supporting this preliminary Guard will not retaliate against small tribal implications under Executive determination is available in the docket entities that question or complain about Order 13175, Consultation and where indicated under ADDRESSES. We this proposed rule or any policy or Coordination with Indian Tribal seek any comments or information that action of the Coast Guard. Governments, because it would not have may lead to the discovery of a Collection of Information a substantial direct effect on one or significant environmental impact from more Indian tribes, on the relationship this proposed rule. This proposed rule would call for no between the Federal Government and new collection of information under the Indian tribes, or on the distribution of List of Subjects in 33 CFR Part 165 Paperwork Reduction Act of 1995 (44 power and responsibilities between the Harbors, Marine safety, Navigation U.S.C. 3501–3520). Federal Government and Indian tribes. (water), Reporting and recordkeeping
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requirements, Security measures, Dated: February 11, 2009. • Hand Delivery: Jennifer Downey, Waterways. T.H. Farris, Region IX (WST–2), 75 Hawthorne For the reasons discussed in the Captain, U.S. Coast Guard, Captain of the Street, San Francisco, CA 94105. Such preamble, the Coast Guard proposes to Port San Diego. deliveries are only accepted during the amend 33 CFR part 165 as follows: [FR Doc. E9–4073 Filed 2–25–09; 8:45 am] office’s normal hours of operation, and BILLING CODE 4910–15–P special arrangements should be made PART 165—REGULATED NAVIGATION for deliveries of boxed information. AREAS AND LIMITED ACCESS AREAS Instructions: Direct your comments to Docket ID No. EPA–R09–RCRA–2008– 1. The authority citation for part 165 ENVIRONMENTAL PROTECTION AGENCY 0726. EPA’s policy is that all comments continues to read as follows: received will be included in the public Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 40 CFR Part 271 docket without change and may be Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; made available online at http:// 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; [EPA–R09–RCRA–2008–0726; FRL–8771–7] www.regulations.gov including any Pub. L. 107–295, 116 Stat. 2064; Department personal information provided, unless Nevada: Proposed Authorization of of Homeland Security Delegation No. 0170.1. the comment includes information State Hazardous Waste Management 2. Add new § 165.T11–140 to read as claimed to be Confidential Business Program Revision follows: Information (CBI) or other information AGENCY: Environmental Protection whose disclosure is restricted by statute. § 165.T11–140 Safety Zone; Dutch Shoe Do not submit information that you Regatta; San Diego Harbor, San Diego, CA. Agency (EPA). ACTION: Proposed rule. consider to be CBI or otherwise (a) Location. The limits of the safety protected through http:// zone would be encompassed by the SUMMARY: www.regulations.gov or e-mail. The ° ′ Nevada has applied to EPA following coordinates: 32 42.48 N, http://www.regulations.gov Web site is ° ′ ° ′ ° ′ for final authorization of the changes to 117 14.00 W; 32 42.17 N, 117 14.08 an ‘‘anonymous access’’ system, which ° ′ ° ′ ° ′ its hazardous waste program under the W; 32 41.96 N, 117 13.60 W; 32 42.19 means EPA will not know your identity ° ′ Resource Conservation and Recovery N, 117 13.50 W. Act (RCRA). EPA proposes to grant final or contact information unless you (b) Enforcement Period. This safety authorization to Nevada. In the ‘‘Rules provide it in the body of your comment. zone will be enforced from 11 a.m. to 3 and Regulations’’ section of this Federal If you send an e-mail comment directly p.m. on July 24, 2009. If the need for the Register, EPA is authorizing the changes to EPA without going through http:// safety zone ends before the scheduled by an immediate final rule. EPA did not www.regulations.gov, your e-mail termination time, the Captain of the Port make a proposal prior to the immediate address will be automatically captured will cease enforcement of this safety final rule because we believe this action and included as part of the comment zone. is not controversial and do not expect that is placed in the public docket and (c) Definitions. The following comments that oppose it. We have made available on the Internet. If you definition applies to this section: explained the reasons for this submit an electronic comment, EPA Designated representative, means any authorization in the preamble of the recommends that you include your commissioned, warrant, and petty immediate final rule. Unless we get name and other contact information in officers of the Coast Guard on board written comments which oppose this the body of your comment and with any Coast Guard, Coast Guard Auxiliary, authorization during the comment disk or CD–ROM you submit. If EPA and local, state, and federal law period, the immediate final rule will cannot read your comment due to enforcement vessels who have been become effective on the date it technical difficulties and cannot contact authorized to act on the behalf of the establishes, and we will not take further you for clarification, EPA may not be Captain of the Port. action on this proposal. If we receive able to consider your comment. (d) Regulations. (1) In accordance comments that oppose this action, we Electronic files should avoid the use of with the general regulations in § 165.23 will withdraw the immediate final rule special characters, any form of of this part, entry into, transit through, and it will not take effect. We will encryption, and be free of any defects or or anchoring within this zone by all respond to public comments in a later viruses. (For additional information vessels is prohibited, unless authorized final rule based on this proposal. You about EPA’s public docket, visit the EPA by the Captain of the Port, or his may not have another opportunity for Docket Center homepage at http:// designated representative. comment. www.epa.gov/epahome/dockets.htm). (2) Mariners requesting permission to Docket: All documents in the docket transit through the safety zone may DATES: Comments must be received on are listed in the http:// request authorization to do so from the or before March 30, 2009. www.regulations.gov index. Although Sector San Diego Communications ADDRESSES: Submit your comments, listed in the index, some information is Center (COMCEN). The COMCEN may identified by Docket ID No. EPA–R09– not publicly available, e.g., CBI or other be contacted via VHF–FM channel 16 or RCRA–2008–0726 by one of the information whose disclosure is (619) 278–7033. following methods: restricted by statute. Certain other (3) All persons and vessels shall • http://www.regulations.gov: Follow material, such as copyrighted material, comply with the instructions of the the on-line instructions for submitting will be publicly available only in hard Coast Guard Captain of the Port or the comments. copy. Publicly available docket designated representative. • E-mail: [email protected]. materials are available either (4) Upon being hailed by U.S. Coast • Fax: (415) 947–3533 (prior to electronically in http:// Guard patrol personnel by siren, radio, faxing, please notify the EPA contact www.regulations.gov or in hard copy. flashing light, or other means, the listed below). You may view and copy Nevada’s operator of a vessel shall proceed as • Mail: Send written comments to application at the following addresses: directed. Jennifer Downey, Region IX (WST–2), Nevada Department of Conservation and (5) The Coast Guard may be assisted 75 Hawthorne Street, San Francisco, CA Natural Resources, Division of by other federal, state, or local agencies. 94105. Environmental Protection, 901 So.
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Stewart Street, Ste. 4001, Carson City, FOR FURTHER INFORMATION CONTACT: ‘‘Rules and Regulations’’ section of this NV 89701, Phone: 775/687–4670, Jennifer Downey, Region IX (WST–2), Federal Register. Business Hours: 9 a.m. to 5 p.m. 75 Hawthorne Street, San Francisco, CA Dated: January 29, 2009. Monday through Friday. U.S. EPA 94105, Phone: 415/972–3342. E-mail: Laura Yoshii, Region IX Library-Information Center, [email protected]. 75 Hawthorne Street, San Francisco, CA Acting Regional Administrator, Region 9. 94105, Phone: 415/947–4406, Business SUPPLEMENTARY INFORMATION: For [FR Doc. E9–4122 Filed 2–25–09; 8:45 am] Hours: 9 a.m. to 12 p.m. and 1 p.m. to additional information, please see the BILLING CODE 6560–50–P 4 p.m. Monday through Thursday. immediate final rule published in the
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Notices Federal Register Vol. 74, No. 37
Thursday, February 26, 2009
This section of the FEDERAL REGISTER each program. CS staff use this information collection should be sent contains documents other than rules or information to gain an understanding of within 30 days of publication of this proposed rules that are applicable to the client’s needs and objectives so that notice to Wendy L. Liberante, OMB public. Notices of hearings and investigations, they can provide appropriate and Desk Officer, (202) 395–395–3647 or via committee meetings, agency decisions and effective export assistance tailored to an the Internet at rulings, delegations of authority, filing of _ _ petitions and applications and agency exporter’s particular requirements. Wendy L. [email protected]. statements of organization and functions are U.S. companies that are interested in Dated: February 20, 2009. obtaining export assistance or examples of documents appearing in this Gwellnar Banks, section. participating in a CS export-related program will provide the CS with Management Analyst, Office of the Chief Information Officer. information about: DEPARTMENT OF COMMERCE • The export-related programs and [FR Doc. E9–4061 Filed 2–25–09; 8:45 am] services that they wish to participate in; BILLING CODE 3510–FP–P Submission for OMB Review; • Company background such as Comment Request product/service to be exported, industry, company size, export DEPARTMENT OF COMMERCE The Department of Commerce will experience, company contact submit to the Office of Management and Submission for OMB Review; information, and client name and Comment Request Budget (OMB) for clearance the contact information; following proposal for collection of • Exporting goals and objectives such The Department of Commerce will information under the provisions of the as markets of interest, industries, submit to the Office of Management and Paperwork Reduction Act (44 U.S.C. potential end-users; and Budget (OMB) for clearance the Chapter 35). • Previous contact information with following proposal for collection of Agency: International Trade CS, such as the U.S. Export Assistance information under the provisions of the Administration (ITA). Center(s), CS staff, etc. Paperwork Reduction Act (44 U.S.C. Title: Internet Web site Forms. The collected information will be chapter 35). Form Number(s): ITA–4148P. used by CS staff in counseling and Agency: U.S. Census Bureau. OMB Control Number: 0625–0237. assisting clients and in fulfilling U.S. Title: Quarterly Survey of State and Type of Request: Regular submission. firms’ requests for export assistance Local Government Tax Revenues. Burden Hours: 3,559. services and programs. Form Number(s): F–71, F–72, F–73. Number of Respondents: 21,335. The CS requests approval for the OMB Control Number: 0607–0112. Average Hours per Response: 5–10 following nine information collection Type of Request: Regular submission. minutes. instruments: Burden Hours: 7,159. Needs and Uses: The International Number of Respondents: 7,108. Trade Administration’s (ITA) U.S. Currently Approved Average Hours per Response: 15 Commercial Service (CS) is mandated • Preliminary Consultation. minutes. by Congress to broaden and deepen the • Local Event. Needs and Uses: The U.S. Census U.S. exporter base. The CS • ShowTime. Bureau requests an extension of the accomplishes this by providing • Market Express Bulletin. current expiration date of the Quarterly counseling, programs and services to • Export.gov Registration (current and Survey of State and Local Government help U.S. firms export and conduct new versions). Tax Revenues to ensure accurate • business in overseas markets. This Reporting International Success. collection of information about state and information collection enables the CS to New local government tax collections. These provide appropriate export services to • tax collections, amounting to nearly U.S. exporters. Industry Focused Program. $1.3 trillion annually, constitute • Featured U.S. Exporter. The dissemination of international • Business Service Providers. approximately 47 percent of all market information and potential Affected Public: Business or other for- governmental revenues. Quarterly business opportunities for U.S. profit organizations. measurement of, and reporting on, these exporters are critical components of the Frequency: On occasion. massive fund flows provides valuable Commercial Service’s export assistance Respondent’s Obligation: Voluntary. insight into trends in the national programs and services. U.S. companies OMB Desk Officer: Wendy L. economy and that of individual states. conveniently access and indicate their Liberante, (202) 395–3647. Information collected on the type and interest in these services by completing Copies of the above information quantity of taxes collected gives and submitting the appropriate forms collection proposal can be obtained by comparative data on how the various via ITA and CS U.S. Export Assistance calling or writing Diana Hynek, levels of government fund their public Center Web sites. Departmental Paperwork Clearance sector obligations. The forms ask U.S. exporters standard Officer, (202) 482–0266, Department of The Census Bureau uses the three questions about their company details, Commerce, Room 7845, 14th and forms covered by this statement to export experience, information about Constitution Avenue, NW., Washington, collect state and local government tax the products or services they wish to DC 20230 (or via the Internet at data for this long established data series. export and exporting goals. A few [email protected]). The Bureau of Economic Analysis, the questions are tailored to a specific Written comments and Federal Reserve Board, the Department program type and will vary slightly with recommendations for the proposed of Treasury, the Department of Housing
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and Urban Development and others rely DEPARTMENT OF COMMERCE (December 8, 2008). The period of on these data to provide the most review for this administrative review current information on the financial International Trade Administration and the new shipper reviews is status of state and local governments. [A–570–831] November 1, 2006 through October 31, These data are included in the quarterly 2007. The final results are currently due estimates of National Income and Fresh Garlic from the People’s on April 7, 2009. Product Accounts developed by the Republic of China: Extension of Time Extension of Time Limits for Final Bureau of Economic Analysis, and the Limits for Final Results of the Results Department of Housing and Urban Antidumping Duty Administrative Development has used the property tax Review and New Shipper Reviews Section 751(a)(3)(A) of the Tariff Act data as one of nine cost indicators for AGENCY: Import Administration, of 1930, as amended (the Act), provides developing Section 8 rent adjustments. International Trade Administration, that the Department will issue the final Legislators, policy makers, Department of Commerce. results in an administrative review of an administrators, analysts, economists, EFFECTIVE DATE: February 26, 2009. antidumping duty order within 120 and researchers use these data to FOR FURTHER INFORMATION CONTACT: days after the date on which the monitor trends in public sector Nicholas Czajkowski or Summer Avery, preliminary results are published. revenues. Journalists, teachers, and AD/CVD Operations, Office 6, Import However, the Department may extend students use these data as well. Administration, International Trade the deadline for completion of the final Tax collection data are used to Administration, U.S. Department of results of an administrative review to measure economic activity for the Commerce, 14th Street and Constitution 180 days if it determines it is not Nation as a whole, as well as for Avenue, NW, Washington, DC 20230; practicable to complete the review comparison among the various states. telephone: (202) 482–1395 and (202) within the foregoing time period. See These data are also useful in comparing 482–4052, respectively. section 751(a)(3)(A) of the Act and 19 the mix of taxes employed by individual SUPPLEMENTARY INFORMATION: CFR 351.213(h)(2). Section states, and in determining the revenue 751(a)(2)(B)(iv) of the Act and 19 CFR Background raising capacity of different types of 351.214(i)(2) also provide that the taxes in different state-areas. On December 27, 2007, the Department may extend the deadlines in Affected Public: State, local or tribal Department of Commerce (Department) a new shipper review if we determine published the initiation of an government. that the case is extraordinarily administrative review of fresh garlic complicated. Frequency: Quarterly. from the People’s Republic of China. The Department determines that it is See Initiation of Antidumping and Respondent’s Obligation: Voluntary. not practicable to complete the final Countervailing Duty Administrative Legal Authority: Title 13 U.S.C., results of the aligned administrative Reviews, 72 FR 73315 (December 27, Section 182. 2007). On January 2, 2008, the review and new shipper reviews by the OMB Desk Officer: Brian Harris- Department published the initiation of current deadline of April 7, 2009. Kojetin, (202) 395–7314. new shipper reviews of fresh garlic from Specifically, the Department requires additional time to conduct sales and Copies of the above information the People’s Republic of China. See factors of production verifications and collection proposal can be obtained by Fresh Garlic from the People’s Republic to analyze issues it considers to be calling or writing Diana Hynek, of China: Initiation of Antidumping extraordinarily complicated, including, Departmental Paperwork Clearance Duty New Shipper Reviews, 73 FR 161 but not limited to, the bona fides nature Officer, (202) 482–0266, Department of (January 2, 2008). On July 23, 2008, the of certain transactions and surrogate Commerce, Room 7845, 14th and Department aligned the new shipper financial ratios. Thus, we are fully Constitution Avenue, NW., Washington, reviews with the administrative review, extending the time for completion of the DC 20230 (or via the Internet at in accordance with 19 CFR 351.214(j). See Memorandum to All Interested final results of the administrative review [email protected]). Parties from the Department Re: The and new shipper reviews to no later Written comments and Alignment of the New Shipper Reviews than June 6, 2009, a Saturday. Where a recommendations for the proposed with the 13th Antidumping Duty statutory deadline falls on a weekend, information collection should be sent Administrative Review of Fresh Garlic federal holiday, or any other day when within 30 days of publication of this from the People’s Republic of China the Department is closed, the notice to Brian Harris-Kojetin, OMB (July 23, 2008), which is on file in the Department will continue its Desk Officer either by fax (202–395– Central Records Unit, room 1117 of the longstanding practice of issuing a 7245) or e-mail ([email protected]). main Commerce building. As such, the determination on the next business day. Dated: February 20, 2009. time limits for the new shipper reviews See Notice of Clarification: Application were aligned with those for the of ‘‘Next Business Day’’ Rule for Gwellnar Banks, administrative review. On December 8, Administrative Determination Deadlines Management Analyst, Office of the Chief 2008, the Department published the Pursuant to the Tariff Act of 1930, As Information Officer. preliminary results of this antidumping Amended, 70 FR 24533 (May 10, 2005). [FR Doc. E9–4063 Filed 2–25–09; 8:45 am] duty administrative review and the new Accordingly, in this instance, the due BILLING CODE 3510–07–P shipper reviews. See Fresh Garlic from the People’s Republic of China: date for the final results will now be no Preliminary Results of the Antidumping later than June 8, 2009. Duty Administrative and New Shipper This notice is published in Reviews and Intent to Rescind, In Part, accordance with sections 751(a)(1) and the Antidumping Duty Administrative 777(i)(1) of the Act. and New Shipper Reviews, 73 FR 74462
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Dated: February 20, 2009. or less, and whether or not attached to antidumping duties (i.e., release all John M. Andersen, a graphite pin joining system or any bonds and refund all cash deposits), Acting Deputy Assistant Secretary for other type of joining system or unliquidated entries of small diameter Antidumping and Countervailing Duty hardware. The merchandise covered by graphite electrodes from the PRC Operations. this order also includes graphite pin entered, or withdrawn from warehouse, [FR Doc. E9–4132 Filed 2–25–09; 8:45 am] joining systems for small diameter for consumption after February 16, BILLING CODE 3510–DS–S graphite electrodes, of any length, 2009, and before the date of publication whether or not finished, of a kind used of the ITC’s final injury determination in furnaces, and whether or not the in the Federal Register. Suspension of DEPARTMENT OF COMMERCE graphite pin joining system is attached liquidation will continue on or after the to, sold with, or sold separately from, date of publication of the ITC’s final International Trade Administration the small diameter graphite electrode. injury determination in the Federal A–570–929 Small diameter graphite electrodes and Register. graphite pin joining systems for small Antidumping Duty Order Antidumping Duty Order: Small diameter graphite electrodes are most Diameter Graphite Electrodes from the commonly used in primary melting, On February 19, 2009, in accordance People’s Republic of China ladle metallurgy, and specialty furnace with section 735(d) of the Act, the ITC applications in industries including notified the Department of its final AGENCY: Import Administration, foundries, smelters, and steel refining determination, pursuant to section International Trade Administration, operations. Small diameter graphite 735(b)(1)(A)(i) of the Act, that an Department of Commerce. electrodes and graphite pin joining industry in the United States is EFFECTIVE DATE: February 26, 2009. systems for small diameter graphite materially injured by reason of less– SUMMARY: Based on affirmative final electrodes that are subject to this order than-fair–value imports of subject determinations by the Department of are currently classified under the merchandise from the PRC. Therefore, Commerce (the ‘‘Department’’) and the Harmonized Tariff Schedule of the in accordance with section 736(a)(1) of International Trade Commission United States (‘‘HTSUS’’) subheading the Act, the Department will direct CBP (‘‘ITC’’), the Department is issuing an 8545.11.0000. The HTSUS number is to assess, upon further instruction by antidumping duty order on small provided for convenience and customs the Department, antidumping duties diameter graphite electrodes from the purposes, but the written description of equal to the amount by which the People’s Republic of China (‘‘PRC’’). the scope is dispositive. normal value of the merchandise FOR FURTHER INFORMATION CONTACT: exceeds the export price of the Magd Zalok or Drew Jackson, AD/CVD Provisional Measures merchandise for all relevant entries of Operations, Office 4, Import Section 733(d) of the Act states that small diameter graphite electrodes from Administration, International Trade suspension of liquidation instructions the PRC. Except for the entries noted Administration, U.S. Department of issued pursuant to an affirmative above,1 these antidumping duties will Commerce, 14th Street and Constitution preliminary determination may not be assessed on all unliquidated entries Avenue, NW, Washington, DC, 20230; remain in effect for more than four of small graphite electrodes from the telephone: (202) 482–4162 and 482– months except where exporters PRC entered, or withdrawn from the 4406, respectively. representing a significant proportion of warehouse, for consumption on or after SUPPLEMENTARY INFORMATION: exports of the subject merchandise August 21, 2008, the date on which the request the Department to extend that Department published its Preliminary Background four–month period to no more than six Determination. See Preliminary In accordance with sections 735(d) months. At the request of exporters that Determination. and 777(i)(1) of the Tariff Act of 1930, account for a significant proportion of The ITC also notified the Department as amended (the ‘‘Act’’), on January 14, small diameter graphite electrodes, we that it made a negative critical 2009, the Department published the extended the four–month period to no circumstances determination in this Final Determination of Sales at Less more than six months. See Small investigation. Therefore, we will Than Fair Value and Affirmative Diameter Graphite Electrodes From the instruct CBP to lift suspension, release Determination of Critical People’s Republic of China: Preliminary any bond or other security, and refund Circumstances: Small Diameter Determination of Sales at Less Than any cash deposit made to secure the Graphite Electrodes from the People’s Fair Value, Postponement of Final payment of antidumping duties with Republic of China, 74 FR 2049 (January Determination, and Affirmative respect to entries of the merchandise 14, 2009) (‘‘Final Determination’’). Preliminary Determination of Critical entered, or withdrawn from warehouse, On February 19, 2009, the ITC Circumstances, in Part, 73 FR 49408 for consumption prior to August 21, notified the Department of its (August 21, 2008) (‘‘Preliminary 2008 (i.e., during the 90 days prior to affirmative final determination of Determination’’). In this investigation, the date of publication of the material injury to a U.S. industry. See the six–month period beginning on the Preliminary Determination). Small Diameter Graphite Electrodes date of the publication of the Effective on the date of publication of from China, Investigation No. 731–TA– Preliminary Determination (i.e., August the ITC’s final affirmative injury 1143 (Final), USITC Publication 4062 21, 2008) ended on February 16, 2009. determination, CBP will require, at the (February 2009). Furthermore, section 737 of the Act same time as importers would normally states that definitive duties are to begin deposit estimated duties on this Scope of the Order on the date of publication of the ITC’s merchandise, a cash deposit equal to the The merchandise covered by this final injury determination. Therefore, in estimated weighted–average order includes all small diameter accordance with section 733(d) of the graphite electrodes of any length, Act, we have instructed U.S. Customs 1 Namely, entries of small diameter graphite electrodes from the PRC entered, or withdrawn whether or not finished, of a kind used and Border Protection (‘‘CBP’’) to from warehouse, for consumption after February 16, in furnaces, with a nominal or actual terminate suspension of liquidation and 2009, and before the date of publication of the ITC’s diameter of 400 millimeters (16 inches) to liquidate without regard to final injury determination in the Federal Register.
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antidumping duty margins listed below. ‘‘PRC–wide’’ rate applies to all exporters listed. The weighted–average dumping See section 735(c)(3) of the Act. The of subject merchandise not specifically margins are as follows:
Exporter & Producer Weighted–Average Margin
Fushun Carbon Co., Ltd., Produced by: Fushun Carbon Co., Ltd...... 159.64% Fangda Carbon New Material Co., Ltd., Produced by: Fangda Carbon New Material Co., Ltd...... 159.64% Beijing Fangda Carbon Tech Co., Ltd., Produced by: Chengdu Rongguang Carbon Co., Ltd.; Fangda Carbon New Material Co., Ltd.; or Fushun Carbon Co., Ltd...... 159.64% Chengdu Rongguang Carbon Co., Ltd., Produced by: Chengdu Rongguang Carbon Co., Ltd...... 159.64% Jilin Carbon Import and Export Company, Produced by: Sinosteel Jilin Carbon Co., Ltd...... 132.90% Guanghan Shida Carbon Co., Ltd., Produced by: Guanghan Shida Carbon Co., Ltd...... 132.90% Nantong River–East Carbon Joint Stock Co., Ltd., Produced by: Nantong River–East Carbon Co., Ltd.; or Nantong Yangzi Carbon Co., Ltd...... 132.90% Xinghe County Muzi Carbon Co. Ltd., Produced by: Xinghe County Muzi Carbon Co., Ltd...... 132.90% Brilliant Charter Limited, Produced by: Nantong Falter New Energy Co., Ltd.; or Shanxi Jinneng Group Co., Ltd...... 132.90% Shijiazhuang Huanan Carbon Factory, Produced by: Shijiazhuang Huanan Carbon Factory ...... 132.90% Shenyang Jinli Metals & Minerals Imp & Exp Co., Ltd., Produced by: Shenyang Jinli Metals & Minerals Imp. & Exp. Co., Ltd...... 132.90% Shanghai Jinneng International Trade Co., Ltd., Produced by: Shanxi Jinneng Group Datong Energy Develop- ment Co., Ltd...... 132.90% Dalian Thrive Metallurgy Import and Export Co., Ltd., Produced by: Linghai Hongfeng Carbon Products Co., Ltd.; Tianzhen Jintian Graphite Electrodes Co., Ltd.; Jiaozuo Zhongzhou Carbon Products Co., Ltd.; Heilongjiang Xinyuan Carbon Products Co., Ltd.; Xuzhou Jianglong Carbon Manufacture Co., Ltd.; or Xinghe Xinyuan Carbon Products Co., Ltd...... 132.90% GES (China) Co., Ltd., Produced by: Shanghai GC Co., Ltd.; Fushun Jinli Petrochemical Carbon Co., Ltd.; Xinghe County Muzi Carbon Plant and Linyi County Lubei Carbon Co., Ltd. Shandong Province ...... 132.90% Qingdao Haosheng Metals & Minerals Imp & Exp Co., Ltd., Produced by: Sinosteel Jilin Carbon Co., Ltd...... 132.90% PRC–Wide Entity ...... 159.64%
This notice constitutes the Department received no other requests sales, or entries during the POR, it antidumping duty order with respect to to conduct administrative reviews of should notify the Department of this fact small diameter graphite electrodes from antidumping or countervailing duty by the due date for responding to the the PRC pursuant to section 736(a) of orders or findings with a January Department’s Quantity and Value the Act. Interested parties may contact anniversary date. In accordance with the Questionnaire (‘‘Q&V’’). See http://ia. the Department’s Central Records Unit, Department’s regulations, we are ita.doc.gov/download/prc–wbf/ Room 1117 of the main Commerce initiating this administrative review. index.html for a copy of the Q&V building, for copies of an updated list of EFFECTIVE DATE: February 26, 2009. questionnaire. The Department will antidumping duty orders currently in FOR FURTHER INFORMATION CONTACT: consider rescinding the review only if effect. Jeffrey Pedersen or Drew Jackson, AD/ the producer or exporter, as appropriate, This order is published in accordance CVD Operations, Office 4, Import submits a properly filed and timely with section 736(a) of the Act and 19 Administration, International Trade statement certifying that it had no CFR 351.211. Administration, U.S. Department of exports, sales, or entries of subject merchandise during the POR.1 All Dated: February 20, 2009. Commerce, 14th Street and Constitution submissions must be made in Ronald K. Lorentzen, Avenue, N.W., Washington, DC 20230, telephone: (202) 482–2769 or (202) 482– accordance with 19 CFR 351.303 and Acting Assistant Secretaryfor Import are subject to verification in accordance Administration. 4406, respectively. SUPPLEMENTARY INFORMATION: with section 782(i) of the Tariff Act of [FR Doc. E9–4126 Filed 2–25–09; 8:45 am] 1930, as amended (the Act). Six copies BILLING CODE 3510–DS–S Background of the submission should be submitted The Department received timely to the Assistant Secretary for Import Administration, International Trade DEPARTMENT OF COMMERCE requests, in accordance with 19 CFR 351.213(b), for an administrative review Administration, Room 1870, U.S. International Trade Administration of the antidumping duty order on Department of Commerce, 14th Street wooden bedroom furniture from the and Constitution Avenue, NW, Initiation of Antidumping Duty PRC (administrative review of wooden Washington, DC 20230. Further, in Administrative Review bedroom furniture) covering multiple accordance with 19 CFR 351.303(f)(1)(i), entities. The Department is now a copy of each request must be served AGENCY: Import Administration, initiating an administrative review of on every party on the Department’s International Trade Administration, the order covering those entities. service list. Department of Commerce. Respondent Selection SUMMARY: The Department of Commerce Notice of No Sales (the Department) has received requests Under 19 CFR 351.213(d)(3), the Section 777A(c)(1) of the Act directs to conduct an administrative review of Department may rescind a review where the Department to calculate individual one antidumping duty order with a there are no exports, sales, or entries of January anniversary date, the subject merchandise during the relevant 1 Producers or exporters may also fulfill this requirement by submitting a properly filed and antidumping duty order on wooden period of review (POR) listed below. If timely Q&V questionnaire response that indicates bedroom furniture from the People’s a producer or exporter named in this that the entity or entities had no exports, sales, or Republic of China (PRC). The notice of initiation had no exports, entries of subject merchandise during the POR.
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dumping margins for each known exporter can demonstrate that it is rate.html on the date of publication of exporter and producer of the subject sufficiently independent so as to be this Federal Register notice. In merchandise. Where it is not practicable entitled to a separate rate. responding to the Separate Rate–Status to examine all known producers/ To establish whether a firm is Application, refer to the instructions exporters of subject merchandise, sufficiently independent from contained in the application. Separate– section 777A(c)(2)(B) of the Act permits government control of its export Rate Status Applications must be the Department to examine exporters activities to be entitled to a separate received by the Department no later and producers accounting for the largest rate, the Department analyzes each than 60 calendar days after publication volume of the subject merchandise from entity exporting the subject of this Federal Register notice. The the exporting country that can be merchandise under a test arising from deadline and requirement for submitting reasonably examined. Due to the large the Final Determination of Sales at Less a Separate–Rate Status Application number of firms for which an Than Fair Value: Sparklers from the applies equally to NME–owned firms, administrative review of wooden People’s Republic of China, 56 FR 20588 wholly foreign–owned firms, and bedroom furniture has been requested, (May 6, 1991), as amplified by the Final foreign sellers that purchase and export and the Department’s experience Determination of Sales at Less Than subject merchandise to the United regarding the resulting administrative Fair Value: Silicon Carbide from the States. burden of reviewing each company for People’s Republic of China, 59 FR 22585 which a request has been made, the (May 2, 1994). In accordance with the Notification Department is considering exercising its separate–rates criteria, the Department This notice constitutes public authority to limit the number of assigns separate rates to companies in notification to all firms for which an respondents selected for review in NME cases only if respondents can administrative review of wooden accordance with the Act. demonstrate the absence of both de jure bedroom furniture has been requested In the event that the Department and de facto government control over and that are seeking separate rate status limits the number of respondents for export activities. in that review, that they must submit a All firms listed below that wish to individual examination in the Separate–Rate Status Application or qualify for separate–rate status in the administrative review of wooden Certification (as appropriate) as antidumping duty administrative review bedroom furniture, the Department described above, and a complete of wooden bedroom furniture from the intends to select respondents based on response to the Q&V questionnaire PRC must timely file a Q&V information obtained from the within the time limits established in companies requested for review questionnaire response, and timely file, this notice of initiation of administrative regarding their exports or shipments to as appropriate, either a separate–rate review in order to receive consideration the United States of wooden bedroom application or certification, as described for separate–rate status. In other words, furniture during the period January 1, below. Entities for which a review was the Department will not give 2008, through December 31, 2008. requested and that were assigned a consideration to any Separate–Rates Therefore, in advance of the issuance of separate rate in the most recently Certification or Separate–Rate Status the antidumping questionnaire, we will completed segment of this proceeding in Application made by parties who fail to be requiring all parties for whom a which they participated must timely file timely respond to the Q&V review has been requested to respond to a Q&V questionnaire response and questionnaire or fail to timely submit a Q&V questionnaire. The Department certify that they continue to meet the will send Q&V questionnaires to the criteria for obtaining a separate rate. The the requisite Separate–Rate Certification companies named in this initiation Separate–Rate Certification Form will be or Application. All information notice. In addition, the Q&V available on the Department’s website at submitted by respondents in this questionnaire will be available on the http://ia.ita.doc.gov/nme/nme–sep- administrative review is subject to Department’s website at http://ia.ita. rate.html on the date of publication of verification. Please be advised that due doc.gov/download/rc–wbf/index.html this Federal Register notice. In to the time constraints imposed by the on the date of publication of this notice. responding to the certification, please statutory and regulatory deadlines for The responses to the Q&V questionnaire follow the ‘‘Instructions for Filing the antidumping duty administrative must be received by the Department by Certification’’ in the Separate–Rate reviews, the Department may not grant the due date listed in the questionnaire. Certification. Separate–Rate any extensions of the deadlines for these Please be advised that due to the time Certifications must be received by the submissions. As noted above, the constraints imposed by the statutory Department no later than 30 calendar Separate–Rate Certification, the and regulatory deadlines for days after publication of this Federal Separate–Rate Status Application, and antidumping duty administrative Register notice. The deadline and the Q&V questionnaire will be available reviews, the Department may not grant requirement for submitting a on the Department’s website on the date any extensions for the submission of Certification applies equally to NME– of publication of this notice in the responses to the Q&V questionnaire. owned firms, wholly foreign–owned Federal Register. The Separate–Rate firms, and foreign sellers who purchase Certification and the Separate–Rate Separate Rates and export subject merchandise to the Status Application will be available on In proceedings involving non–market United States. the Department’s website at http://ia.ita. economy (NME) countries, the Entities that currently do not have a doc.gov/nme/nme–sep-rate.html. The Department begins with a rebuttable separate rate from a completed segment Q&V questionnaire will be available on presumption that all companies within of this proceeding must timely file a the Department’s website at http://ia.ita. the country are subject to government Q&V questionnaire response and a doc.gov/download/prc–wbf/index.html. control and, thus, should be assigned a Separate–Rate Status Application to Initiation of Review: single antidumping duty deposit rate. It demonstrate eligibility for a separate is the Department’s policy to assign all rate in this proceeding. The Separate– In accordance with 19 CFR exporters of merchandise subject to an Rate Status Application will be 351.221(c)(1)(i), we are initiating an administrative review in an NME available on the Department’s website at administrative review of the following country this single rate unless an http://ia.ita.doc.gov/nme/nme–sep- antidumping duty order. We intend to
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issue the final results of this review not later than January 31, 2010.
Antidumping Duty Proceedings Period to be Reviewed
The People’s Republic of China: ...... 1/1/08 - 12/31/08 Wooden Bedroom Furniture2. A–570–890. 2 If one of the named companies does not qualify for a separate rate, all other exporters of wooden bedroom furniture from the PRC that have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.
• Ace Furniture & Crafts Ltd. (a.k.a. • Dongguan Creation Furniture Co., • Eurosa (Kunshan) Co., Ltd.,* Eurosa Deqing Ace Furniture and Crafts Ltd.,* Creation Industries Co., Ltd.* Furniture Co., (PTE) Ltd.* Limited) • Dongguan Dihao Furniture Co., Ltd.* • Ever Spring Furniture Co. Ltd.,* S.Y.C • Alexandre International Corp.,* • Dongguan Grand Style Furniture Co. Family Enterprise Co., Ltd.* Southern Art Development Ltd.,* Ltd.,* Hong Kong Da Zhi Furniture • Evershine Enterprise Co. Alexandre Furniture (Shenzhen) Co., Ltd.* • Fine Furniture (Shanghai) Ltd.* Co., Ltd.,* Southern Art Furniture • Dongguan Great Reputation Furniture • Fortune Furniture Ltd.,* Dongguan Factory* Co., Ltd.* Fortune Furniture Ltd.* • Art Heritage International, Ltd.,* • Dongguan Hero Way Woodwork Co., • Foshan Guanqiu Furniture Co., Ltd.* Super Art Furniture Co., Ltd.,* Ltd.,* Dongguan DaZhong • Fujian Lianfu Forestry Co., Ltd.,* Artwork Metal & Plastic Co., Ltd.,* Woodwork Co., Ltd.,* Hero Way a.k.a. Fujian Wonder Pacific Inc. Jibson Industries Ltd.,* Always Enterprises Ltd.,* Well Earth (Dare Group)* Loyal International* International Ltd.* • Furnmart Ltd.* • Asia Building Materials Limited • Dongguan Hua Ban Furniture Co., • Fuzhou Huan Mei Furniture Co., Ltd. • Baigou Crafts Factory of Fengkai* Ltd.* (Dare Group)* • • Best King International Ltd.* Dongguan Hung Sheng Artware • Gaomi Yatai Wooden Ware Co., Ltd.,* • Billy Wood Industrial (Dong Guan) Products Co., Ltd.,* Coronal Team Prospect International Ltd.,* Co., Ltd.,* Great Union Industrial Enterprise Co., Ltd.* Money Gain International Co.* • (Dongguan) Co., Ltd.,* Time Faith Dongguan Kin Feng Furniture Co., • Garri Furniture (Dong Guan) Co., Ltd.* Ltd.* • Ltd.,* Molabile International, Inc.,* • BNBM Co., Ltd. (aka Beijing New Dongguan Kingstone Furniture Co., Weei Geo Enterprise Co., Ltd.* Materials Co., Ltd.)* Ltd.,* Kingstone Furniture Co., • Golden Well International (HK), Ltd. • Ltd.* • Brother Furniture Manufacture Co., • Green River Wood (Dongguan) Ltd.* Ltd. Dongguan Landmark Furniture • Guangdong New Four Seas Furniture • C.F. Kent Co., Inc., C.F. Kent Products Ltd.* Manufacturing Ltd.* • Dongguan Liaobushangdun Huada Hospitality, Inc., Shanghai Kent • Guangdong Yihua Timber Industry Furniture Factory,* Great Rich (HK) Furniture Co., Ltd., Shanghai Co., Ltd. Enterprise Co. Ltd.* Hospitality Product Mfg., Co., Ltd. • Guangming Group Wumahe Furniture • Dongguan Lung Dong Furniture Co., • Changshu HTC Import & Export Co., Co., Ltd.* Ltd.,* Dongguan Dong He Furniture Ltd.* • Guangzhou Lucky Furniture Co. Ltd.* • Co., Ltd.* • Cheng Meng Furniture (PTE) Ltd.,* • Dongguan Mingsheng Furniture Co., Guangzhou Maria Yee Furnishings Cheng Meng Decoration & Furniture Ltd.* Ltd.,* Pyla HK, Ltd.,* Maria Yee, (Suzhou) Co., Ltd.* • Inc.* • Dongguan Mu Si Furniture Co., Ltd.* • Chuan Fa Furniture Factory* • Dongguan New Technology Import & Hainan Jong Bao Lumber Co., Ltd.,* • Classic Furniture Global Co., Ltd.* Jibbon Enterprise Co., Ltd.* • Export Co., Ltd.* • Clearwise Co., Ltd.* • Dongguan Qingxi Xinyi Craft Hamilton & Spill Ltd.* • • COE Ltd.* Furniture Factory (Joyce Art Hang Hai Woodcraft’s Art Factory* • • Contact Co., Ltd. Factory) Hong Yu Furniture (Shenzhen) Co. • Dalian Guangming Furniture Co., • Dongguan Singways Furniture Co., Ltd. • Ltd.* Ltd.* Hualing Furniture (China) Co., Ltd.,* • Dalian Huafeng Furniture Co., Ltd.* • Dongguan Sundart Timber Products Tony House Manufacture (China) • Dalian Pretty Home Furniture* Co., Ltd. Co., Ltd.,* Buysell Investments • Decca Furniture Ltd., aka Decca* • Dongguan Sunpower Enterprise Co., Ltd.,* Tony House Industries Co., • Denny’s Furniture Associates Corp., Ltd.* Ltd.* Denny’s International Co., Ltd. • Dongguan Sunrise Furniture Co.,* • Hung Fai Wood Products Factory, • Der Cheng Wooden Works of Factory* Taicang Sunrise Wood Industry Co., Ltd.* • Der Cheng Wooden Works, Der Cheng Ltd.,* Shanghai Sunrise Furniture • Hwang Ho International Holdings Furniture Co., Ltd. Co., Ltd.,* Fairmont Designs* Limited* • Dong Guan Golden Fortune • Dongguan Sunshine Furniture Co., • Inni Furniture* Houseware Co., Ltd.* Ltd. • Jardine Enterprise, Ltd.* • Dongguan Bon Ten Furniture Co., • Dongguan Yihaiwei Furniture • Jiangmen Kinwai Furniture Ltd.* Limited* Decoration Co., Ltd.* • Dongguan Cambridge Furniture Co.,* • Dongying Huanghekou Furniture • Jiangmen Kinwai International Glory Oceanic Co., Ltd.* Industry Co., Ltd.* Furniture Co., Ltd.* • Dongguan Chunsan Wood Products • Dream Rooms Furniture (Shanghai) • Jiangsu Dare Furniture Co., Ltd. (Dare Co., Ltd.,* Trendex Industries Ltd.* Co., Ltd.* Group)*
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• Jiangsu Weifu Group Fullhouse • Prime Wood International Co., Ltd,* • Sino Concord International Furniture Manufacturing. Corp.* Prime Best International Co., Ltd.,* Corporation* • Jiangsu XiangSheng Bedtime Prime Best Factory,* Liang Huang • Songgang Jasonwood Furniture Furniture Co., Ltd.* (Jiaxing) Enterprise Co., Ltd.* Factory,* Jasonwood Industrial Co., • Jiangsu Yuexing Furniture Group Co., • Profit Force Ltd.* Ltd. S.A.* Ltd.* • PuTian JingGong Furniture Co., Ltd.* • Starcorp Furniture Co., Ltd., Starcorp • Jiedong Lehouse Furniture Co., Ltd.* • Hong Kong Jingbi Group Furniture (Shanghai) Co., Ltd., Orin • Kalanter (Hong Kong) Furniture • Qingdao Beiyuan–Shengli Furniture Furniture (Shanghai) Co. Ltd., Company Limited* Co., Ltd.,* Qingdao Beiyuan Shanghai Star Furniture Co., Ltd., • King Kei Furniture Factory,* King Kei Industry Trading Co. Ltd.* Shanghai XingDing Furniture Trading Co., Ltd.,* Jiu Ching • Qingdao Liangmu Co., Ltd.* Industrial Co., Ltd. Trading Co., Ltd.* • Qingdao Shengchang Wooden Co., • Starwood Furniture Manufacturing • King Wood Furniture Co., Ltd.* Ltd* Co. Ltd.* • King’s Way Furniture Industries Co., • Restonic (Dongguan) Furniture Ltd.,* • Starwood Industries Ltd.* Ltd.,* Kingsyear Ltd.* Restonic Far East (Samoa) Ltd.* • Strongson Furniture (Shenzhen) Co., • Kuan Lin Furniture (Dong Guan) Co., • RiZhao SanMu Woodworking Co., Ltd.,* Strongson Furniture Co., Ltd.,* Kuan Lin Furniture Factory,* Ltd.* Ltd.,* Strongson (HK) Co.* Kuan Lin Furniture Co., Ltd.* • Dorbest Ltd.,* Rui Feng Woodwork • Sunforce Furniture (Hui -Yang) Co., • Kunshan Lee Wood Product Co., Ltd.* Co., Ltd.,* Rui Feng Lumber Ltd.,* Sun Fung Wooden Factory,* • Kunshan Summit Furniture Co., Ltd.* Development Co., Ltd.,* a.k.a. Sun Fung Co.,* Shin Feng Furniture • Kunwa Enterprise Company Dorbest Limited,* Rui Feng Co., Ltd.,* Stupendous • Langfang Tiancheng Furniture Co., Woodwork (Dongguan) Co., Ltd.,* International Co., Ltd.* Ltd.* Rui Feng Lumber Development • Superwood Co., Ltd.,* Lianjiang • Leefu Wood (Dongguan) Co., Ltd.,* (Shenzen) Co., Ltd.* Zongyu Art Products Co., Ltd.* King Rich International, Ltd.* • Season Furniture Manufacturing Co.,* • T.J. Maxx International Co., Ltd. • Link Silver Ltd. (V.I.B.),* Forward Season Industrial Development • Tarzan Furniture Industries Ltd.,* Win Enterprises Co. Ltd.,* Co.* Samso Industries Ltd.* Dongguan Haoshun Furniture Ltd.* • Sen Yeong International Co., Ltd.,* • Teamway Furniture (Dong Guan) Co. • Locke Furniture Factory,* Kai Chan Sheh Hau International Trading Ltd.,* Brittomart Inc.* Furniture Co., Ltd.,* Kai Chan Ltd.* • Tianjin First Wood Co., Ltd.* (Hong Kong) Enterprise Ltd.,* • Shanghai Aosen Furniture Co., Ltd.* • Tianjin Fortune Furniture Co., Ltd.* Taiwan Kai Chan Co., Ltd.* • Shanghai Fangjia Industry Co., Ltd. • Tianjin Master Home Furniture* • Longrange Furniture Co., Ltd.* • Shanghai Jian Pu Export & Import Co., • Tianjin Phu Shing Woodwork • Macau Youcheng Trading Co.,* Ltd.* Enterprise Co., Ltd.* Zhongshan Youcheng Wooden Arts • Shanghai Maoji Imp and Exp Co., • Tianjin Sande Fairwood Furniture & Crafts Co., Ltd.* Ltd.* Co., Ltd. • Meikangchi (Nantong) Furniture • Shanghai Season Industry & • Top Art Furniture Factory, Sanxiang Company Ltd.* Commerce Co., Ltd. Top Art Furniture, Ngai Kun • MoonArt Furniture Group, MoonArt • Sheng Jing Wood Products (Beijing) Trading International Inc. Co., Ltd.,* Telstar Enterprises Ltd.* • Top Goal Development Co.* • Nanhai Baiyi Woodwork Co., Ltd.* • Shenyang Kunyu Wood Industry Co., • Tradewinds Furniture Ltd.,* Fortune • Nanhai Jiantai Woodwork Co., Ltd.,* Ltd.* Glory Industrial Limited* Fortune Glory Industrial Ltd. (H.K. • Shenyang Shining Dongxing • Tradewinds International Enterprise Ltd.)* Furniture Co., Ltd.* Ltd. • Nanjing Jardine Enterprise Ltd. • Shenzhen Dafuhao Industrial • Transworld (Zhangzhou) Furniture • Nanjing Nanmu Furniture Co., Ltd.* Development Co., Ltd.* Co. Ltd.* • Nantong Dongfang Orient Furniture • Shenzhen Forest Furniture Co., Ltd.* • Tube–Smith Enterprise (Zhangzhou) Co., Ltd.* • Shenzhen Jiafa High Grade Furniture Co., Ltd.,* Tube–Smith Enterprise • Nantong Yangzi Furniture Co., Ltd.* Co., Ltd.,* Golden Lion (Haimen) Co., Ltd.,* Billionworth • Nantong Yushi Furniture Co., Ltd.* International Trading Ltd.* Enterprises Ltd.* • Nathan International Ltd.,* Nathan • Shenzhen New Fudu Furniture Co., • Union Friend International Trade Co., Rattan Factory* Ltd.* Ltd.* • Ningbo Furniture Industries • Shenzhen Shen Long Hang Industry • U–Rich Furniture (Zhangzhou) Co., Company, Ltd. Co., Ltd.* Ltd.,* U–Rich Furniture Ltd.* • Ningbo Hengrun Furniture Co. Ltd,* • Shenzhen Tiancheng Furniture Co., • Wan Bao Chen Group Hong Kong Co. Ningbo Furniture Industries Ltd.,* Winbuild Industrial Ltd.,* Ltd.* Limited,* Ningbo Fubang Furniture Red Apple Furniture Co., Ltd.,* Red • Wanhengtong Nueevder (Furniture) Industries Limited, Techniwood Apple Trading Co., Ltd.* Manufacture Co., Ltd.,* Dongguan Industries Ltd.,* Techniwood • Shenzhen Wonderful Furniture Co., Wanengtong Industry Co., Ltd.* (Macao Commercial Offshore) Ltd.* • Winmost Enterprises Limited* Limited, Ningbo Techniwood • Shenzhen Xiande Furniture Factory* • Winny Overseas, Ltd.* Furniture Industries Limited • Shenzhen Xingli Furniture Co., Ltd.* • Woodworth Wooden Industries (Dong • Orient International Holding • Shing Mark Enterprise Co., Ltd.,* Guan) Co., Ltd.* Shanghai Foreign Trade Co., Ltd.* Carven Industries Limited (BVI),* • World Design International Co., Ltd. • Pleasant Wave Ltd.,* Passwell Carven Industries Limited (HK),* • Xiamen Yongquan Sci–Tech Corporation* Dongguan Zhenxin Furniture Co., Development Co., Ltd.* • Passwell Wood Corporation Ltd.,* Dongguan Yongpeng • Xilinmen Group Co. Ltd. • Perfect Line Furniture Co., Ltd.* Furniture Co., Ltd.* • Xingli Arts & Crafts Factory of • Po Ying Industrial Co.* • Shun Feng Furniture Co., Ltd.* Yangchun*
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• Yangchen Hengli Co., Ltd.* importer that is affiliated with such 2007, through December 31, 2007. • Yeh Brothers World Trade, Inc.* exporter or producer. The request must Pursuant to this request, the Department • Yichun Guangming Furniture Co., include the name(s) of the exporter or published a notice of the initiation of Ltd.* producer for which the inquiry is the administrative review of the • Yida Co., Ltd.,* Yitai Worldwide, requested. countervailing duty order on certain Ltd.,* Yili Co., Ltd.,* Yetbuild Co., Interested parties must submit lined paper products from India. See Ltd.* applications for disclosure under Initiation of Antidumping and • Yihua Timber Industry Co., Ltd.* administrative protective orders in Countervailing Duty Administrative • Yongxin Industrial (Holdings) accordance with 19 CFR 351.305. Reviews and Deferral of Administrative Limited* This initiation and notice are in Review, 73 FR 64305 (October 29, 2008). • Zhang Zhou Sanlong Wood Product accordance with section 751(a) of the Co., Ltd.* Act (19 USC 1675(a)), and 19 CFR Rescission of Review • Zhangjiagang Daye Hotel Furniture 351.221(c)(1)(i). Pursuant to 19 CFR 351.213(d)(1), the Co., Ltd.* Dated: February 20, 2009. Department will rescind an • Zhangjiagang Zheng Yan Decoration John M. Andersen, administrative review, in whole or in Co., Ltd.* • Zhangjiang Sunwin Arts & Crafts Co., Acting Deputy Assistant Secretaryfor part, if a party that requested a review Ltd.* Antidumping and Countervailing Duty withdraws the request within 90 days of Operations. • Zhangzhou Guohui Industrial & Trade the date of publication of the notice of Co. Ltd.* [FR Doc. E9–4129 Filed 2–25–09; 8:45 am] initiation. On January 27, 2009, the • Zhangzhou XYM Furniture Product BILLING CODE 3510–DS–S Association timely withdrew its Co., Ltd. requests for a review of Blue Bird and • Zhong Cheng Furniture Co., Ltd.* Navneet, and no other interested party • Zhong Shan Fullwin Furniture Co., DEPARTMENT OF COMMERCE requested a review of these companies. Therefore, the Department is rescinding Ltd.* International Trade Administration • Zhongshan Fookyik Furniture Co., the administrative review of the Ltd.* (C–533–844) countervailing duty order on certain • Zhongshan Gainwell Furniture Co. lined paper from India covering the Ltd.* Certain Lined Paper Products From period January 1, 2007, through • Gainwell Industries Limited, India: Notice of Rescission of the 2007 December 31, 2007, in accordance with Zhongshan Yiming Furniture Co., Administrative Review of the 19 CFR 351.213(d)(1). Countervailing Duty Order Ltd., Zhongshan Fengheng Assessment Furniture Co., Ltd., Guangdong AGENCY: Import Administration, Gainwell Industrial Furniture Co., International Trade Administration, The Department will instruct U.S. Ltd., Northeast Lumber Co., Ltd. Department of Commerce. Customs and Border Protection (‘‘CBP’’) • Zhongshan Golden King Furniture to assess countervailing duties on all EFFECTIVE DATE: February 26, 2009. Industrial Co., Ltd.* appropriate entries. Countervailing FOR FURTHER INFORMATION CONTACT: • Zhoushan For–Strong Wood Co., duties shall be assessed at rates equal to Ltd.* Dennis McClure, AD/CVD Operations, the cash deposit of estimated * These companies received a Office 3, Import Administration, countervailing duties required at the separate rate in the most recent segment International Trade Administration, time of entry, or withdrawal from of this proceeding in which they U.S. Department of Commerce, 14th warehouse, for consumption, in participated. Street and Constitution Avenue, NW, accordance with 19 CFR Washington, DC 20230; telephone: (202) Countervailing Duty Proceedings 351.212(c)(1)(i). The Department 482–5973. intends to issue appropriate assessment None. SUPPLEMENTARY INFORMATION: instructions directly to CBP 15 days Suspension Agreements Background after the publication of this notice in the Federal Register. None. On September 2, 2008, the During any administrative review Department of Commerce (‘‘the Notification to Interested Parties covering all or part of a period falling Department’’) published a notice of between the first and second or third opportunity to request an administrative This notice also serves as a reminder and fourth anniversary of the review of the countervailing duty order to parties subject to administrative publication of an antidumping duty on certain lined paper products from protective order (‘‘APO’’) of their order under 19 CFR 351.211 or a India. See Antidumping or responsibility concerning the determination under 19 CFR Countervailing Duty Order, Finding, or disposition of proprietary information 351.218(f)(4) to continue an order or Suspended Investigation; Opportunity disclosed under APO, in accordance suspended investigation (after sunset to Request Administrative Review, 73 with 19 CFR 351.305 and as explained review), the Secretary, if requested by a FR 51272 (September 2, 2008). On in the APO. Timely written notification domestic interested party within 30 September 30, 2008, the Association of of the return/destruction of APO days of the date of publication of the American School Paper Suppliers (the materials or conversion to judicial notice of initiation of the review, will ‘‘Association’’), domestic producers of protective order is hereby requested. determine, consistent with FAG Italia v. certain lined paper products, requested Failure to comply with the regulations United States, 291 F.3d 806 (Fed. Cir. that the Department conduct an and the terms of an APO is a 2002), as appropriate, whether administrative review of Blue Bird India sanctionable violation. antidumping duties have been absorbed Ltd. (‘‘Blue Bird’’) and Navneet This notice is in accordance with by an exporter or producer subject to the Publications (India) Ltd.’s (‘‘Navneet’’) sections 751(a)(1) and 777(i)(1) of the review if the subject merchandise is exports to the United States for the Tariff Act of 1930, as amended, and 19 sold in the United States through an period of review (‘‘POR’’) January 1, CFR 351.213(d)(4).
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Dated: February 20, 2009. Dated: February 18, 2009. (NOAA) Law Enforcement, U.S. Fish John M. Andersen, Daniel J. Basta, and Wildlife Service (FWS), the U.S. Acting Deputy Assistant Secretaryfor Director, Office of National Marine Coast Guard, and the NOAA General Antidumping and Countervailing Duty Sanctuaries, National Ocean Service, Counsel for Law Enforcement. A copy of Operations. National Oceanic and Atmospheric the agenda and related materials can be [FR Doc. E9–4130 Filed 2–25–09; 8:45 am] Administration. obtained by calling the Council office at BILLING CODE 3510–DS–S [FR Doc. E9–3976 Filed 2–25–09; 8:45 am] (813) 348–1630. BILLING CODE 3510–22–M Although other non-emergency issues not on the agendas may come before the DEPARTMENT OF COMMERCE LEAP for discussion, in accordance with DEPARTMENT OF COMMERCE the Magnuson-Stevens Fishery National Oceanic and Atmospheric Conservation and Management Act Administration National Oceanic and Atmospheric (Magnuson-Stevens Act), those issues Administration may not be the subject of formal action Availability of Seats for the Florida RIN: 0648–XN56 during this meeting. Actions of the Keys National Marine Sanctuary LEAP will be restricted to those issues Advisory Council Gulf of Mexico Fishery Management specifically identified in the agendas Council; Public Meetings and any issues arising after publication AGENCY: Office of National Marine of this notice that require emergency Sanctuaries (ONMS), National Ocean AGENCY: National Marine Fisheries action under Section 305(c) of the Service (NOS), National Oceanic and Service (NMFS), National Oceanic and Magnuson-Stevens Act, provided the Atmospheric Administration (NOAA), Atmospheric Administration (NOAA), public has been notified of the Council’s Department of Commerce (DOC). Commerce. intent to take action to address the ACTION: Notice and request for ACTION: Notice of public meeting. emergency. applications. SUMMARY: The Gulf of Mexico Fishery Special Accommodations SUMMARY: The ONMS is seeking Management Council (Council) will These meetings are physically applications for the following vacant convene its Law Enforcement Advisory accessible to people with disabilities. seats on the Florida Keys National Panel (LEAP). Requests for sign language Marine Sanctuary Advisory Council: DATES: The meeting will convene at 1:30 interpretation or other auxiliary aids Citizen at Large—Middle Keys p.m. on Tuesday, March 17, 2009 and should be directed to Tina O’Hern at the (alternate), Diving—Upper Keys conclude no later than 5 p.m. Council (see ADDRESSES) 5 working days (member), Fishing—Recreational ADDRESSES: The meeting will be held at prior to the meeting. (alternate), and Tourism—Upper Keys the Royal Sonesta Hotel, 300 Bourbon Dated: February 23, 2009. (alternate). Applicants are chosen based St., New Orleans, LA 70130; telephone: Tracey L. Thompson, upon their particular expertise and (504) 586–0300. Acting Director, Office of Sustainable experience in relation to the seat for Council address: Gulf of Mexico Fisheries, National Marine Fisheries Service. which they are applying; community Fishery Management Council, 2203 [FR Doc. E9–4136 Filed 2–25–09; 8:45 am] and professional affiliations; philosophy North Lois Avenue, Suite 1100, Tampa, BILLING CODE 3510–22–S regarding the protection and FL 33607. management of marine resources; and FOR FURTHER INFORMATION CONTACT: possibly the length of residence in the Dr. CONSUMER PRODUCT SAFETY area affected by the sanctuary. Richard Leard, Interim Executive Director, Gulf of Mexico Fishery COMMISSION Applicants who are chosen as Management Council; telephone: (813) members should expect to serve 3-year 348–1630. Tracking Labels for Children’s terms, pursuant to the council’s Charter. Products Under Section 103 of the SUPPLEMENTARY INFORMATION: The Gulf DATES: Applications are due by March of Mexico Fishery Management Council Consumer Product Safety 23, 2009. (Council) will convene the Law Improvement Act; Notice of Inquiry; Request for Comments and ADDRESSES: Application kits may be Enforcement Advisory Panel (LEAP) to Information obtained from Lilli Ferguson, Florida review an emergency action to reduce Keys National Marine Sanctuary, 33 reef fish longline and sea turtle AGENCY: Consumer Product Safety East Quay Rd., Key West, FL 33040. interactions. The LEAP will also review Commission. Completed applications should be sent a preliminary draft of Amendment 31 to ACTION: Notice of inquiry. to the same address. the Reef Fish Fishery Management Plan SUMMARY: The Consumer Product Safety FOR FURTHER INFORMATION CONTACT: Lilli that would include additional Improvement Act of 2008 requires that, Ferguson, Florida Keys National Marine alternatives to reduce interactions effective August 14, 2009, the Sanctuary, 33 East Quay Rd., Key West, between sea turtles and bottom longline manufacturer of a children’s product FL 33040; (305) 292–0311 x245; gear in the reef fish fishery. Finally, the must place permanent distinguishing [email protected]. LEAP will receive a report of the status of recently completed management marks on the product and its packaging SUPPLEMENTARY INFORMATION: Per the actions and scheduled activities, and that provides certain identifying council’s Charter, if necessary, terms of possibly provide reports on individual information. The United States appointment may be changed to provide state and federal law enforcement Consumer Product Safety Commission for staggered expiration dates or activities. (‘‘Commission’’) is requesting comments member resignation mid term. The LEAP consists of principal law and information about implementation Authority: 16 U.S.C. 1431, et seq. enforcement officers in each of the Gulf of this program. (Federal Domestic Assistance Catalog States, as well as the National Oceanic DATES: Written comments must be Number 11.429 Marine Sanctuary Program) and Atmospheric Administration received by April 27, 2009.
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ADDRESSES: Comments should be e- This same section provides that, products were to contain tracking mailed to [email protected]. where traceability labels are required by information in electronically readable Comments also may be mailed, rule under CPSA section 14(c) and a form (to include optical data and other captioned ‘‘tracking labels,’’ preferably covered product is privately labeled, the forms requiring supplemental in five copies, to the Office of the product must carry a code mark technology), and if so, in which cases Secretary, Consumer Product Safety permitting the seller to identify the this would be most beneficial and in Commission, Room 502, 4330 East West manufacturer upon a purchaser’s which electronic form. Highway, Bethesda, Maryland 20814, or request. 6. In cases where the product is delivered to the same address The Commission is aware of the privately labeled, by what means the (telephone (301) 504–7923). Comments potential public interest in manufacturer information should be may also be filed by facsimile to (301) implementing a tracking label approach made available by the seller to a 504–0127. in close consultation with other national consumer upon request, e.g.: FOR FURTHER INFORMATION CONTACT: John and regional jurisdictions. To the extent Electronically via Internet, or toll-free ‘‘Gib’’ Mullan, Director, Office of that a uniform approach can be number, or at point of sale. Compliance and Field Operations, U.S. developed, consumers may be better 7. The amount of lead time needed to Consumer Product Safety Commission, informed in the event of a recall. comply with marking requirements if 4330 East West Highway, Bethesda, MD Manufacturers also may have greater the format is prescribed. 20814; telephone (301) 504–7626. certainty in identifying affected 8. Whether successful models for adequate tracking labels already exist in SUPPLEMENTARY INFORMATION: products and production management costs may be reduced, with possible other jurisdictions. A. Statutory Tracking Label pricing benefits to consumers. The A study on possible product labeling Requirement Commission intends to draw from protocols ‘‘Feasibility Study: Post- manufacturing Traceability System The U.S. Consumer Product Safety responses to this request for comments between the PRC and the EU, November Commission invites comments on in its discussions on tracking label 2008’’ may be found at the following implementation of section 103 of the policy with other national and regional Web site: http://www.euchinawto.org/ CPSIA, Tracking Labels for Children’s regulators. index.php?option=com_content& Products. Effective August 14, 2009, B. Request for Comments task=view&id=258&Itemid=1 section 103 of the CPSIA requires, to the Given the spectrum of options (referenced here with permission). The extent practicable, the placement of available to CPSC to implement the Commission does not necessarily permanent, distinguishing marks on tracking labeling requirement for endorse or support any views or children’s products and packaging to children’s products, the staff is conclusions in that study. However, the enable: document provides useful background (A) The manufacturer to ascertain the interested in comments and information for discussion of traceability labeling location and date of production of the regarding: 1. The conditions and circumstances policies. product, cohort information (including that should be considered in The Commission understands that the batch, run number, or other determining whether it is ‘‘practicable’’ other jurisdictions plan to request identifying characteristic), and any to have tracking labels on children’s comments on tracking label policy in other information determined by the products and the extent to which the near future. On its Web site http:// manufacturer to facilitate ascertaining different factors apply to including www.cpsc.gov, CPSC will provide links the specific source of the product by labels on packaging. to Internet notices by other jurisdictions reference to those marks; and 2. How permitting manufacturers and as staff becomes aware of them. (B) The ultimate purchaser to private labelers to comply with labeling ascertain the manufacturer or private Dated: February 20, 2009. requirements with or without Todd Stevenson, labeler, location and date of production standardized nomenclature, appearance, of the product, and cohort information Secretary, U.S. Consumer Product Safety and arrangement of information would Commission. (including batch, run number, or other affect: identifying characteristic). a. Manufacturers’ ability to ascertain [FR Doc. E9–4066 Filed 2–25–09; 8:45 am] Public Law 110–314, sec. 103(a), 122 the location and date of production of BILLING CODE 6355–01–P Stat. 3016 (August 14, 2008). Under the the product; and CPSIA, a ‘‘children’s product’’ is ‘‘a b. Other business considerations consumer product designed or intended relevant to tracking label policy. DEPARTMENT OF DEFENSE primarily for children 12 years of age or 3. How consumers’ ability to identify younger.’’ Id. sec. 235(a). recalled items would be affected by Department of the Air Force Section 103 of the CPSIA also amends permitting manufacturers and private Air University Board of Visitors section 14(c) of the Consumer Product labelers to comply with labeling Meeting Safety Act (‘‘CPSA’’) (15 U.S.C. 2063(c)), requirements with or without which already authorizes the standardized nomenclature, appearance, ACTION: Notice of meeting of the Air Commission to require, by rule, the use and arrangement of information. University Board of Visitors. of traceability labels (including 4. How, and to what extent, the permanent labels) where practicable, on tracking information should be SUMMARY: Under the provisions of the any consumer product. This section presented with some information in Federal Advisory Committee Act of allows the Commission to require labels English or other languages, or whether 1972 (5 U.S.C., Appendix, as amended), that may include these elements: presentation should be without the use the Government in the Sunshine Act of • Manufacturer or private labeler. of language (e.g., by alpha-numeric code 1976 (5 U.S.C. 552b, as amended), and • Date and place of manufacture. with a reference key available to the 41 CFR 102–3.150, the Department of • Cohort information (including public). Defense announces that the Air batch, run number, or other identifying 5. Whether there would be a University Board of Visitors’ meeting characteristic) of the product. substantial benefit to consumers if will take place on Monday, April 19th,
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2009, from 8 a.m.–5 p.m., and Tuesday, DEPARTMENT OF DEFENSE information collection, violate State or April 20th, 2009, from 8 a.m.–8 p.m. Federal law, or substantially interfere The meeting will be held in the Air Department of the Navy with any agency’s ability to perform its University Commander’s Conference statutory obligations. The Director, Room located in building 836. Please Notice of Meeting of the Board of Regulatory Information Management contact Dr. Dorothy Reed, 334–953– Visitors of Marine Corps University Services, Office of Management, 5159 for further details of the meeting AGENCY: Department of the Navy, DoD. publishes that notice containing location. proposed information collection ACTION: Notice. The purpose of this meeting is to requests prior to submission of these provide independent advice and SUMMARY: The Board of Visitors of the requests to OMB. Each proposed recommendations on matters pertaining Marine Corps University (BOV MCU) information collection, grouped by to the educational, doctrinal, and will meet the Marine Corps University office, contains the following: (1) Type research policies and activities of Air Foundation members to create a of review requested, e.g. new, revision, University. The agenda will include working relationship in order to further extension, existing or reinstatement; (2) topics relating to the policies, programs, the growth of the Marine Corps Title; (3) Summary of the collection; (4) and initiatives of Air University University. All sessions of the meeting Description of the need for, and educational programs. will be open to the public. proposed use of, the information; (5) Pursuant to 5 U.S.C. 552b, as DATES: The meeting will be held on Respondents and frequency of amended, and 41 CFR 102–3.155 all Friday, March 20, 2009, from 9 a.m. to collection; and (6) Reporting and/or sessions of the Air University Board of 4:30 p.m. Recordkeeping burden. OMB invites public comment. Visitors’ meeting will be open to the ADDRESSES: The meeting will be held at The Department of Education is public. Any member of the public the Sheraton Premier Hotel. The address especially interested in public comment wishing to provide input to the Air is: 8661 Leesburg Pike at Tyson’s addressing the following issues: (1) Is University Board of Visitors should Corner, Vienna, VA 22182. submit a written statement in this collection necessary to the proper FOR FURTHER INFORMATION CONTACT: accordance with 41 CFR 102–3.140(c) Ms. functions of the Department; (2) will and section 10(a)(3) of the Federal Davi Michelle Richardson, Faculty this information be processed and used Advisory Committee Act and the Development Coordinator, Marine Corps in a timely manner; (3) is the estimate procedures described in this paragraph. University Board of Visitors, 2076 South of burden accurate; (4) how might the Written statements can be submitted to Street, Quantico, Virginia 22134, Department enhance the quality, utility, the Designated Federal Officer at the telephone number: 703–784–2884. and clarity of the information to be address detailed below at any time. Dated: February 18, 2009. collected; and (5) how might the Statements being submitted in response A.M. Vallandingham, Department minimize the burden of this to the agenda mentioned in this notice Lieutenant Commander, Judge Advocate collection on the respondents, including must be received by the Designated General’s Corps, U.S. Navy, Federal Register through the use of information Federal Officer at the address listed Liaison Officer. technology. below at least five calendar days prior [FR Doc. E9–4096 Filed 2–25–09; 8:45 am] Dated: February 23, 2009. to the meeting which is the subject of BILLING CODE 3810–FF–P Angela C. Arrington, this notice. Written statements received Director, Information Collections Clearance after this date may not be provided to Division, Regulatory Information or considered by the Air University DEPARTMENT OF EDUCATION Management Services, Office of Management. Board of Visitors until its next meeting. The Designated Federal Officer will Notice of Proposed Information Institute of Education Sciences review all timely submissions with the Collection Requests Type of Review: New. Air University Board of Visitors’ Board Title: Evaluation of the Personnel AGENCY: Department of Education. Chairperson and ensure they are Development to Improve Services and provided to members of the Board SUMMARY: The Director, Information Results for Children with Disabilities before the meeting that is the subject of Collection Clearance Division, Program. this notice. Additionally, any member of Regulatory Information Management Frequency: One time. the public wishing to attend this Services, Office of Management, invites Affected Public: Not-for-profit meeting should contact either person comments on the proposed information institutions; State, Local, or Tribal listed below at least five calendar days collection requests as required by the Gov’t, SEAs or LEAs. prior to the meeting for information on Paperwork Reduction Act of 1995. Reporting and Recordkeeping Hour base entry passes. DATES: Interested persons are invited to Burden: FOR FURTHER INFORMATION CONTACT: Dr. submit comments on or before April 27, Responses: 242. Dorothy Reed, Federal Designated 2009. Burden Hours: 290. Officer, Air University Headquarters, 55 SUPPLEMENTARY INFORMATION: Section Abstract: The U.S. Department of LeMay Plaza South, Maxwell Air Force 3506 of the Paperwork Reduction Act of Education has commissioned Westat to Base, Alabama 36112–6335, telephone 1995 (44 U.S.C. Chapter 35) requires independently evaluate the PDP (334) 953–5159 or Mrs. Diana Bunch, that the Office of Management and program. This evaluation is divided into Alternate Federal Designated Officer, Budget (OMB) provide interested two studies, one focusing on the same address, telephone (334) 953– Federal agencies and the public an early National Centers, the other on the 4547. opportunity to comment on information Institutes of Higher Education (IHEs). collection requests. OMB may amend or The Study of the National Centers will Bao-Anh Trinh, waive the requirement for public examine the materials and services that Air Force Federal Register Liaison Officer. consultation to the extent that public have been developed and provided by [FR Doc. E9–4091 Filed 2–25–09; 8:45 am] participation in the approval process the Centers as well as characteristics of BILLING CODE 5001–05–P would defeat the purpose of the the consumers. In addition, the panel of
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experts will rate the quality of a sample management oversight and control over management oversight and control over of products and services from each Management and Operating (M&O) its contractors ensuring that Center along three dimensions: contractors of DOE’s Government- environment, safety and health adherence to scientifically based Owned Contractor-Operated (GOCO) resources and requirements are standards, relevance to the field, and facilities, and offsite contractors. The managed efficiently and effectively. (5) usefulness. The IHE Study will collect contractor management oversight and Respondents: 2,469. (6) Estimated data through a survey of proposed control function concerns the ways in Number of Burden Hours: 68,136; and Project Directors of funded and non- which DOE contractors provide goods Estimated Annual Cost Burden: funded projects, as well as a collection and services for DOE organizations and $12,741,432. of materials documenting improvement activities in accordance with the terms Statutory Authority: Department of Energy of funded courses of study. It will of their contract; the applicable Organization Act, Public Law No. 95–91, 91 address (a) status; (b) focus; (c) entry statutory, regulatory and mission Stat. 565 (1977). and completion requirements; (d) grant support requirements of the support for students; (e) changes to the Department; and regulations in the Issued in Washington, DC on January 21, 2009. course of study since the time of the functional area covered in this request. application; (f) enrollment and Comments are invited on: (a) Whether Lesley A. Gasperow, completion information; (g) the extended information collection is Director, Office of Resource Management, standardized exit exam scores; (h) necessary for the proper performance of Office of Health, Safety and Security. allocation of PDP grant funds; and (i) the functions of the agency, including [FR Doc. E9–4106 Filed 2–25–09; 8:45 am] information about formal data collection whether the information shall have BILLING CODE 6450–01–P from program. practical utility; (b) the accuracy of the Requests for copies of the proposed agency’s estimate of the burden of the information collection request may be proposed information collection, DEPARTMENT OF ENERGY accessed from http://edicsweb.ed.gov, including the validity of the Environmental Management Site- by selecting the ‘‘Browse Pending methodology and assumptions used; (c) Specific Advisory Board Chairs Collections’’ link and by clicking on ways to enhance the quality, utility, and link number 3963. When you access the clarity of the information to be AGENCY: Department of Energy. information collection, click on collected; and (d) ways to minimize the ACTION: Notice of open meeting. ‘‘Download Attachments’’ to view. burden of the information collection on Written requests for information should respondents, including through the use SUMMARY: This notice announces a be addressed to U.S. Department of of automated collection techniques or meeting of the Environmental Education, 400 Maryland Avenue, SW., other forms of information technology. Management Site-Specific Advisory LBJ, Washington, DC 20202–4537. Comments submitted in response to Board (EM SSAB) Chairs. The Federal Requests may also be electronically this notice will be summarized and Advisory Committee Act (Pub. L. 92– mailed to [email protected] or faxed included in the request for OMB review 463, 86 Stat. 770) requires that public to 202–401–0920. Please specify the and approval of this information notice of this meeting be announced in complete title of the information collection; they also will become a the Federal Register. collection when making your request. matter of public record. DATES: Wednesday, March 18, 2009, 8 Comments regarding burden and/or DATES: Comments regarding this a.m.–5:30 p.m. Thursday, March 19, the collection activity requirements proposed information collection must 2009, 8 a.m.–12:30 p.m. should be electronically mailed to be received on or before April 27, 2009. ADDRESSES: Augusta Marriott Hotel & [email protected]. Individuals who If you anticipate difficulty in submitting Suites, Two Tenth Street, Augusta, use a telecommunications device for the comments within that period, contact Georgia, Phone: (706) 722–8900, Fax: deaf (TDD) may call the Federal the person listed below as soon as (706) 823–6513. Information Relay Service (FIRS) at 1– possible. 800–877–8339. FOR FURTHER INFORMATION CONTACT: ADDRESSES: Written comments may be Catherine Alexander Brennan, [FR Doc. E9–4127 Filed 2–25–09; 8:45 am] sent to: Vincent Le, HS–1.22, Designated Federal Officer, U.S. BILLING CODE 4000–01–P Germantown Building, U.S. Department Department of Energy, 1000 of Energy, 1000 Independence Ave., Independence Avenue, SW., SW., Washington, DC 20585–1290. Or Washington, DC 20585; Phone: (202) DEPARTMENT OF ENERGY by fax at 301–903–6081 or by e-mail at 586–7711. [email protected]. SUPPLEMENTARY INFORMATION: Agency Information Collection FOR FURTHER INFORMATION CONTACT: Purpose of the Board: The purpose of Extension Copies of the proposed information the Board is to make recommendations AGENCY: U.S. Department of Energy. collection instrument and instructions to DOE–EM in the areas of may be obtained at http:// ACTION: Notice and request for environmental restoration, waste www.hss.energy.gov/pra.html. comments. management, and related activities. Alternatively, requests for additional Tentative Agenda Topics: SUMMARY: The Department of Energy information or copies of the information (DOE), pursuant to the Paperwork collection instrument and instructions Wednesday, March 18, 2009 Reduction Act of 1995, 44 U.S.C. 3501 should be directed to the person listed Æ EM Visions and Priorities—2009 et seq., intends to extend for three years above in ADDRESSES. and Beyond Discussion. an information collection request with SUPPLEMENTARY INFORMATION: The Æ Round Robin: Top Three Site- the Office of Management and Budget information collection request contains Specific Issues and EM SSAB (OMB) concerning health and safety the following: (1) OMB No: 1910–0300. Accomplishments. reporting requirements for DOE (2) Package Title: Environment, Safety Æ EM Headquarters Update and contractors. The information collected and Health. (3) Type of Review: Initiatives: EM Budget and Technology will be used by DOE to exercise Renewal. (4) Purpose: for DOE Issues.
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Æ Savannah River Site Presentations. above referenced docket an application considered. The second way to Æ EM SSAB Chairs’ Roundtable pursuant to sections 7(b) and 7(c) of the participate is by filing with the Discussion. Natural Gas Act (NGA) and Part 157 of Secretary of the Commission, as soon as the Commission’s regulations, for an possible, an original and two copies of Thursday, March 19, 2009 order granting the authorization (i) to comments in support of or in opposition Æ Waste Disposition Presentation. construct, own, operate, and maintain a to this project. The Commission will Æ EM SSAB Chairs’ Roundtable 12,500 horsepower (HP) compressor and consider these comments in Discussion. related appurtenances necessary to determining the appropriate action to be Æ Savannah River Site E-Meeting facilitate interconnection with Texas taken, but the filing of a comment alone Demonstration. Gas Transmission, LLC’s (Texas Gas) will not serve to make the filer a party Public Participation: The EM SSAB Greenville Lateral at Kosciusko, to the proceeding. The Commission’s Chairs welcomes the attendance of the Mississippi; (ii) to abandon by removal rules require that persons filing public at its advisory committee an outdated 12,500 HP compressor and comments in opposition to the project meetings and will make every effort to related appurtenances; (iii) to utilize its provide copies of their protests only to accommodate persons with physical existing system firm and interruptible the party or parties directly involved in disabilities or special needs. If you rates for the Kosciusko Project facilities; the protest. require special accommodations due to and (iv) any waivers, authority, and Persons who wish to comment only a disability, please contact Catherine further relief as may be necessary to on the environmental review of this Alexander Brennan at least seven days implement the subject proposal, all as project should submit an original and in advance of the meeting at the phone more fully set forth in the application two copies of their comments to the number listed above. Written statements which is on file with the Commission Secretary of the Commission. may be filed either before or after the and open to public inspection. The Environmental commentors will be meeting with the Designated Federal filing is available for review at the placed on the Commission’s Officer, Catherine Alexander Brennan, Commission in the Public Reference environmental mailing list, will receive at the address or telephone listed above. Room or may be viewed on the copies of the environmental documents, Individuals who wish to make oral Commission’s Web site at http:// and will be notified of meetings statements pertaining to agenda items www.ferc.gov using the ‘‘eLibrary’’ link. associated with the Commission’s should also contact Catherine Alexander Enter the docket number excluding the environmental review process. Brennan. Requests must be received five last three digits in the docket number Environmental commentors will not be days prior to the meeting and reasonable field to access the document. For required to serve copies of filed provision will be made to include the assistance, contact FERC at documents on all other parties. presentation in the agenda. The [email protected] or call However, the non-party commentors Designated Federal Officer is toll-free, (886) 208–3676 or TTY, (202) will not receive copies of all documents empowered to conduct the meeting in a 502–8659. filed by other parties or issued by the fashion that will facilitate the orderly Any questions concerning this Commission (except for the mailing of conduct of business. Individuals application may be directed to Garth environmental documents issued by the wishing to make public comment will Johnson, General Manager, Rates and Commission) and will not have the right be provided a maximum of five minutes Certificates, Texas Eastern to seek court review of the to present their comments. Transmission, LP, P.O. Box 1642, Commission’s final order. Minutes: Minutes will be available by Houston, Texas 77251–1642, at (713) The Commission strongly encourages writing or calling Catherine Alexander 627–5415. electronic filings of comments, protests Brennan at the address or phone There are two ways to become and interventions in lieu of paper using involved in the Commission’s review of number listed above. Minutes will also the ‘‘eFiling’’ link at http:// this project. First, any person wishing to be available at the following Web site: www.ferc.gov. Persons unable to file obtain legal status by becoming a party http://www.em.doe.gov/stakepages/ electronically should submit an original to the proceedings for this project ssabchairs.aspx. and 14 copies of the protest or should, on or before the comment date intervention to the Federal Energy Issued at Washington, DC on February 19, stated below file with the Federal Regulatory Commission, 888 First 2009. Energy Regulatory Commission, 888 Street, NE., Washington, DC 20426. Rachel Samuel, First Street, NE., Washington, DC 20426, This filing is accessible on-line at Deputy Committee Management Officer. a motion to intervene in accordance http://www.ferc.gov, using the [FR Doc. E9–4105 Filed 2–25–09; 8:45 am] with the requirements of the ‘‘eLibrary’’ link and is available for BILLING CODE 6450–01–P Commission’s Rules of Practice and review in the Commission’s Public Procedure (18 CFR 385.214 or 385.211) Reference Room in Washington, DC. and the Regulations under the NGA (18 There is an ‘‘eSubscription’’ link on the DEPARTMENT OF ENERGY CFR 157.10). A person obtaining party Web site that enables subscribers to status will be placed on the service list receive e-mail notification when a Federal Energy Regulatory maintained by the Secretary of the document is added to a subscribed Commission Commission and will receive copies of docket(s). For assistance with any FERC [Docket No. CP09–61–000] all documents filed by the applicant and Online service, please e-mail by all other parties. A party must submit [email protected], or call Texas Eastern Transmission, LP; 14 copies of filings made in the (866) 208–3676 (toll free). For TTY, call Notice of Application proceeding with the Commission and (202) 502–8659. must mail a copy to the applicant and Comment Date: March 12, 2009. February 19, 2009. to every other party. Only parties to the Take notice that on February 4, 2009, proceeding can ask for court review of Kimberly D. Bose, Texas Eastern Transmission, LP (Texas Commission orders in the proceeding. Secretary. Eastern), 5400 Westheimer Court, However, a person does not have to [FR Doc. E9–4087 Filed 2–25–09; 8:45 am] Houston, Texas 77056, filed in the intervene in order to have comments BILLING CODE 6717–01–P
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DEPARTMENT OF ENERGY Section 7 of the Endangered Species requests for cooperating agency status, Act, and Section 106 of the National and other permissible forms of Federal Energy Regulatory Historic Preservation Act. communications with the Commission Commission m. Tygart, LLC filed a Pre-Application may be filed electronically via the [Project No 12613–001] Document (PAD, including a proposed Internet in lieu of paper. The process plan and schedule) with the Commission strongly encourages Tygart, LLC.; Notice of Intent To File Commission pursuant to 18 CFR 5.6 of electronic filings. See 18 CFR License Application, Filing of Pre- the Commission’s regulations. The 385.2001(a)(1)(iii) and the instructions Application Document, Commission will issue the Scoping on the Commission’s Web site (http:// Commencement of Licensing Document for the proposed Tygart www.ferc.gov/docs-filing/ferconline.asp) Proceeding, Scoping Meetings, Project on or about February 20, 2009. under the ‘‘e-filing’’ link. For a simpler Solicitation of Comments on the Pad n. A copy of the PAD and the scoping method of submitting text-only and Scoping Document, and document are available for review at the comments, click on ‘‘Quick Comment.’’ Identification of Issues and Associated Commission in the Public Reference p. Although our current intent is to Study Requests Room or may be viewed on the prepare an environmental assessment Commission’s Web site (http:// (EA), there is the possibility that an February 19, 2009. www.ferc.gov), using the ‘‘eLibrary’’ Environmental Impact Statement (EIS) a. Type of Filing: Notice of Intent to link. Enter the docket number, will be required. Nevertheless, this File License Application and excluding the last three digits in the meeting will satisfy the NEPA scoping docket number field to access the Commencing Licensing Proceeding. requirements, irrespective of whether an document. For assistance, contact FERC b. Project No.: 12613–001. EA or EIS is issued by the Commission. c. Dated Filed: December 23, 2008. Online Support at d. Submitted By: Tygart, LLC. [email protected] or toll Scoping Meetings e. Name of Project: Tygart free at 1–866–208–3676, or for TTY, Commission staff will hold two Hydroelectric Project. (202) 502–8659. A copy is also available scoping meetings in the vicinity of the f. Location: At the Corps of Engineers’ for inspection and reproduction at the Tygart dam on the Tygart River in address in paragraph h. project at the time and place noted Barbour and Taylor Counties, West Register online at http://ferc.gov/ below. The daytime meeting will focus Virginia. esubscribenow.htm to be notified via e- on resource agency, Indian tribes, and g. Filed Pursuant to: 18 CFR Part 5 of mail of new filing and issuances related non-governmental organization the Commission’s Regulations. to this or other pending projects. For concerns, while the evening meeting is h. Potential Applicant Contact: assistance, contact FERC Online primarily for receiving input from the Clifford Phillips, Tygart, LLC, 150 North Support. public. We invite all interested Miller Road, Suite 450 C, Fairlawn, o. The commencement date of this individuals, organizations, and agencies Ohio 44333, (330) 869–8451. proceeding is February 21, 2009. With to attend one or both of the meetings, i. FERC Contact: Michael Spencer, this notice we are soliciting comments and to assist staff in identifying [email protected], (202) 502– on the PAD and the scoping document, particular study needs, as well as the 6093. as well as study requests. All comments scope of environmental issues to be j. We are asking Federal, State, local, on the PAD and the scoping document, addressed in the environmental and tribal agencies with jurisdiction and study requests should be sent to the document. The times and locations of and/or special expertise with respect to address above in paragraph h. In these meetings are as follows: environmental issues to cooperate with addition, all comments on the PAD and Evening Scoping Meeting us in the preparation of the the scoping document, study requests, environmental document. Agencies who requests for cooperating agency status, Date: Monday, March 23, 2009. would like to request cooperating status and all communications to and from Time: 6 p.m. (EST). should follow the instructions for filing Commission staff related to the merits of Location: Wingate Hotel, 350 comments described in paragraph o the potential application (original and Conference Center Way, Bridgeport, WV below. Cooperating agencies should eight copies) must be filed with the 26330. note the Commission’s policy that Commission at the following address: Phone: (304) 808–1000. agencies that cooperate in the Kimberly D. Bose, Secretary, Federal preparation of the environmental Energy Regulatory Commission, 888 Daytime Scoping Meeting document cannot also intervene. See, 94 First Street, NE., Washington, DC 20426. Date: Tuesday, March 24, 2009. All filings with the Commission must FERC ¶ 61,076 (2001). Time: 10 a.m. (EST). k. With this notice, we are initiating include on the first page, the project informal consultation with: (a) The U.S. name (Tygart Project) and number (P– Location: Same location. Fish and Wildlife Service and/or NOAA 12613–001), and bear the heading The scoping document, which Fisheries under section 7 of the ‘‘Comments on Pre-Application outlines the issues to be addressed in Endangered Species Act and the joint Document,’’ ‘‘Study Requests,’’ the environmental document, will be agency regulations thereunder at 50 CFR ‘‘Comments on Scoping Document 1,’’ mailed to the individuals and entities Part 402; and (b) the State Historic ‘‘Request for Cooperating Agency on the Commission’s mailing list. Preservation Officer, as required by Status,’’ or ‘‘Communications to and Copies of the scoping document will be section 106, National Historical from Commission Staff.’’ Any available at the scoping meetings, and Preservation Act, and the implementing individual or entity interested in may be viewed on the Web at http:// regulations of the Advisory Council on submitting study requests, commenting www.ferc.gov, using the ‘‘eLibrary’’ link. Historic Preservation at 36 CFR 800.2. on the PAD or the scoping document, Follow the directions for accessing l. With this notice, we are designating and any agency requesting cooperating information in paragraph n. Depending Tygart, LLC as the Commission’s non- status must do so by April 22, 2009. on the extent of comments received, a Federal representative for carrying out 1. Comments on the PAD and the revised Scoping Document may or may informal consultation, pursuant to scoping document, study requests, not be issued.
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Site Visit DEPARTMENT OF ENERGY This filing is accessible on-line at http://www.ferc.gov, using the Tygart, LLC will conduct a tour of the Federal Energy Regulatory ‘‘eLibrary’’ link and is available for proposed project site at 2 p.m. on Commission review in the Commission’s Public Monday, March 23, 2009. All [Docket No. OR09–4–000] Reference Room in Washington, DC. participants should meet in the parking There is an ‘‘eSubscription’’ link on the lot in front of the Army Corps of Holly Refining and Marketing Web site that enables subscribers to Engineers’ office at Tygart dam. All Company, Complainant v. Plains All receive e-mail notification when a participants are responsible for American Pipeline, L.P. and Rocky document is added to a subscribed providing photo identification to enter Mountain Pipeline System LLC, docket(s). For assistance with any FERC this Corps of Engineers’ facility. Respondents; Notice of Complaint Online service, please e-mail Photography will be prohibited. Anyone [email protected], or call February 19, 2009. with questions about the site visit (866) 208–3676 (toll free). For TTY, call Take notice that on February 17, 2009, should contact Mr. Clifford Phillips of (202) 502–8659. pursuant to sections 3(1), 9, 13(1), 15(1) Tygart, LLC at (330) 869–8451 on or Comment Date: 5 p.m. Eastern Time and 16(1) of the Interstate Commerce on March 9, 2009. before March 20, 2009. Act (ICA), 49 U.S.C. App. 3(1), 9, 13(1), Scoping Meeting Objectives 15(1), and 16(1), Rule 206 of the Kimberly D. Bose, Commission’s Rules of Practice and Secretary. At the scoping meetings, staff will: (1) Procedure, 18 CFR 385.206, and section [FR Doc. E9–4085 Filed 2–25–09; 8:45 am] Present a proposed list of issues to be 343.1(a) of the Commission’s Procedural BILLING CODE 6717–01–P addressed in the EA; (2) review and Rules Applicable to Oil Pipeline discuss existing conditions and resource Proceedings, 18 CFR 343.1(a), Holly agency management objectives; (3) Refining and Marketing Company DEPARTMENT OF ENERGY review and discuss existing information (Complainant) filed a complaint against and identify preliminary information Plains All American Pipeline, L.P. Federal Energy Regulatory Commission and study needs; (4) review and discuss (PAAP) and Rocky Mountain Pipeline the process plan and schedule for pre- System LLC (RMPS) alleging undue and [Docket No. ER09–683–000] filing activity that incorporates the time unjust preferential treatment of affiliates frames provided for in Part 5 of the of PAAP and RMPS, undue and unjust Alex Energy, LLC; Supplemental prejudice and discrimination against the Commission’s regulations and, to the Notice That Initial Market-Based Rate Complainant, and challenging the extent possible, maximizes coordination Filing Includes Request for Blanket lawfulness of the proposed reversal of Section 204 Authorization of Federal, State, and Tribal permitting flow on the interstate pipeline segment and certification processes; and (5) of RMPS which currently provides February 19, 2008. discuss requests by any Federal or State crude oil transportation service from Ft. This is a supplemental notice in the agency or Indian tribe acting as a Laramie, Wyoming to Wamsutter, above-referenced proceeding of Alex cooperating agency for development of Wyoming. Energy, LLC’s application for market- an environmental document. The Complainant states that a copy of based rate authority, with an Meeting participants should come the complaint has been served on the accompanying rate tariff, noting that prepared to discuss their issues and/or PAAP and RMPS. such application includes a request for concerns. Please review the PAD in Any person desiring to intervene or to blanket authorization, under 18 CFR 34, preparation for the scoping meetings. protest this filing must file in of future issuances of securities and accordance with Rules 211 and 214 of assumptions of liability. Directions on how to obtain a copy of the Commission’s Rules of Practice and Any person desiring to intervene or to the PAD and the scoping document are Procedure (18 CFR 385.211, 385.214). protest should file with the Federal included in item n of this document. Protests will be considered by the Energy Regulatory Commission, 888 Meeting Procedures Commission in determining the First Street, NE., Washington, DC 20426, appropriate action to be taken, but will in accordance with Rules 211 and 214 The meetings will be recorded by a not serve to make protestants parties to of the Commission’s Rules of Practice stenographer and will become part of the proceeding. Any person wishing to and Procedure (18 CFR 385.211 and the formal record of the Commission become a party must file a notice of 385.214). Anyone filing a motion to proceeding on the project. intervention or motion to intervene, as intervene or protest must serve a copy appropriate. The Respondent’s answer of that document on the Applicant. Kimberly D. Bose, and all interventions, or protests must Notice is hereby given that the Secretary. be filed on or before the comment date. deadline for filing protests with regard [FR Doc. E9–4086 Filed 2–25–09; 8:45 am] The Respondent’s answer, motions to to the applicant’s request for blanket BILLING CODE 6717–01–P intervene, and protests must be served authorization, under 18 CFR 34, of on the Complainants. future issuances of securities and The Commission encourages assumptions of liability, is March 11, electronic submission of protests and 2009. interventions in lieu of paper using the The Commission encourages ‘‘eFiling’’ link at http://www.ferc.gov. electronic submission of protests and Persons unable to file electronically interventions in lieu of paper, using the should submit an original and 14 copies FERC Online links at http:// of the protest or intervention to the www.ferc.gov. To facilitate electronic Federal Energy Regulatory Commission, service, persons with Internet access 888 First Street, NE., Washington, DC who will eFile a document and/or be 20426. listed as a contact for an intervenor
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must create and validate an Notice is hereby given that the Commission decisional employees, who eRegistration account using the deadline for filing protests with regard make or receive a prohibited or exempt eRegistration link. Select the eFiling to the applicant’s request for blanket off-the-record communication relevant link to log on and submit the authorization, under 18 CFR part 34, of to the merits of a contested proceeding, intervention or protests. future issuances of securities and to deliver to the Secretary of the Persons unable to file electronically assumptions of liability, is March 11, Commission, a copy of the should submit an original and 14 copies 2009. communication, if written, or a of the intervention or protest to the The Commission encourages summary of the substance of any oral Federal Energy Regulatory Commission, electronic submission of protests and communication. 888 First St., NE., Washington, DC interventions in lieu of paper, using the 20426. FERC Online links at http:// Prohibited communications are The filings in the above-referenced www.ferc.gov. To facilitate electronic included in a public, non-decisional file proceeding are accessible in the service, persons with Internet access associated with, but not a part of, the Commission’s eLibrary system by who will eFile a document and/or be decisional record of the proceeding. clicking on the appropriate link in the listed as a contact for an intervenor Unless the Commission determines that above list. must create and validate an the prohibited communication and any They are also available for review in eRegistration account using the responses thereto should become a part the Commission’s Public Reference eRegistration link. Select the eFiling of the decisional record, the prohibited Room in Washington, DC. There is an link to log on and submit the off-the-record communication will not eSubscription link on the Web site that intervention or protests. be considered by the Commission in enables subscribers to receive e-mail Persons unable to file electronically reaching its decision. Parties to a notification when a document is added should submit an original and 14 copies proceeding may seek the opportunity to to a subscribed docket(s). For assistance of the intervention or protest to the respond to any facts or contentions with any FERC Online service, please e- Federal Energy Regulatory Commission, made in a prohibited off-the-record mail [email protected], or 888 First St., NE., Washington, DC communication, and may request that call (866) 208–3676 (toll free). For TTY, 20426. the Commission place the prohibited call (202) 502–8659. The filings in the above-referenced communication and responses thereto proceeding are accessible in the in the decisional record. The Kimberly D. Bose, Commission’s eLibrary system by Commission will grant such a request Secretary. clicking on the appropriate link in the only when it determines that fairness so [FR Doc. E9–4083 Filed 2–25–09; 8:45 am] above list. They are also available for requires. Any person identified below as BILLING CODE 6717–01–P review in the Commission’s Public having made a prohibited off-the-record Reference Room in Washington, DC. communication shall serve the There is an eSubscription link on the document on all parties listed on the DEPARTMENT OF ENERGY Web site that enables subscribers to official service list for the applicable Federal Energy Regulatory receive e-mail notification when a proceeding in accordance with Rule Commission document is added to a subscribed 2010, 18 CFR 385.2010. docket(s). For assistance with any FERC [Docket No. ER09–705–000] Exempt off-the-record Online service, please e-mail communications are included in the [email protected] or call Saracen Power LLC; Supplemental decisional record of the proceeding, (866) 208–3676 (toll free). For TTY, call Notice That Initial Market-Based Rate unless the communication was with a (202) 502–8659. Filing Includes Request for Blanket cooperating agency as described by 40 Section 204 Authorization Kimberly D. Bose, CFR 1501.6, made under 18 CFR Secretary. 385.2201(e)(1)(v). February 19, 2008. [FR Doc. E9–4084 Filed 2–25–09; 8:45 am] This is a supplemental notice in the The following is a list of off-the- above-referenced proceeding of Saracen BILLING CODE 6717–01–P record communications recently Power LLC’s application for market- received by the Secretary of the Commission. The communications based rate authority, with an DEPARTMENT OF ENERGY accompanying rate tariff, noting that listed are grouped by docket numbers in ascending order. These filings are such application includes a request for Federal Energy Regulatory available for review at the Commission blanket authorization, under 18 CFR Commission part 34, of future issuances of securities in the Public Reference Room or may be and assumptions of liability. [Docket No. RM98–1–000] viewed on the Commission’s Web site at Any person desiring to intervene or to http://www.ferc.gov using the eLibrary Records Governing Off-the-Record link. Enter the docket number, protest should file with the Federal Communications; Public Notice Energy Regulatory Commission, 888 excluding the last three digits, in the First Street, NE., Washington, DC 20426, February 19, 2009. docket number field to access the in accordance with Rules 211 and 214 This constitutes notice, in accordance document. For assistance, please contact of the Commission’s Rules of Practice with 18 CFR 385.2201(b), of the receipt FERC Online Support at and Procedure (18 CFR 385.211 and of prohibited and exempt off-the-record [email protected] or toll 385.214). Anyone filing a motion to communications. free at (866) 208–3676, or for TTY, intervene or protest must serve a copy Order No. 607 (64 FR 51222, contact (202) 502–8659. of that document on the Applicant. September 22, 1999) requires Exempt:
Docket No. File date Presenter or requester
1. CP09–54–000 ...... 2–13–09 David Swearingen. 2. PF08–32–000 ...... 2–9–09 John Wisniewski 1.
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Docket No. File date Presenter or requester
3. P–2210–169 ...... 2–9–09 T. Rogers 2. 1 Summary of Telephone conference. 2 Record of e-mail exchange.
Kimberly D. Bose, facilities located in the areas listed Sector Y—Rubber, Miscellaneous Plastic Secretary. above are provided as part of this action. Products, and Miscellaneous [FR Doc. E9–4082 Filed 2–25–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: For Manufacturing Industries BILLING CODE 6717–01–P information about the issuance of the Sector Z—Leather Tanning and MSGP in Alaska; Idaho; for federal Finishing facilities in Washington; and in Indian Sector AA—Fabricated Metal Products Country in Idaho, Oregon and Sector AB—Transportation Equipment, ENVIRONMENTAL PROTECTION Washington, contact Misha Vakoc, EPA Industrial or Commercial Machinery AGENCY Region 10, Office of Water and Sector AC—Electronic, Electrical, Watersheds at (206) 553–6650 or Photographic and Optical Goods [FRL–8772–1; EPA–HQ–OW–2005–0007] Sector AD—Reserved for Facilities Not [email protected]. Covered Under Other Sectors and Final National Pollutant Discharge SUPPLEMENTARY INFORMATION: Designated by the Director Elimination System (NPDES) General Permit for Stormwater Discharges I. General Information B. How Can I Get Copies of This From Industrial Activities A. Does This Action Apply to Me? Document and Other Related Information? If a discharger chooses to seek AGENCY: Environmental Protection 1. Docket. EPA has established an Agency (EPA). coverage under this MSGP to be authorized to discharge stormwater from official public docket for this action ACTION: Notice of final permit issuance industrial activities, the MSGP provides under Docket ID No. OW–2005–0007. of the 2008 Multi-Sector General Permit Publicly available docket materials are for Alaska, Idaho, federal facilities in specific requirements for preventing contamination of stormwater discharges available either electronically through Washington, and Indian Country in the www.regulations.gov or in hard copy at states of Idaho, Oregon and Washington. from industrial facilities listed in the sectors shown below: the Water Docket in the EPA Docket Center, (EPA/DC) EPA West, Room SUMMARY: Sector A—Timber Products EPA previously announced 3334, 1301 Constitution Ave., NW., the issuance of the NPDES general Sector B—Paper and Allied Products Manufacturing Washington, DC 20460. Publicly permit for stormwater discharges from available docket materials are available industrial activity, also referred to as the Sector C—Chemical and Allied Products Manufacturing in hard copy at the EPA Docket Center Multi-Sector General Permit (MSGP), in Public Reading Room, open from 8:30 the Federal Register of September 29, Sector D—Asphalt Paving and Roofing Materials Manufactures and Lubricant a.m. to 4:30 p.m., Monday through 2008 (73 FR 56572). Today’s action Friday, excluding legal holidays. The provides notice of final MSGP issuance Manufacturers Sector E—Glass, Clay, Cement, telephone number for the Public for the states of Alaska and Idaho; for Reading Room is (202) 566–1744, and federal facilities in Washington; and for Concrete, and Gypsum Product Manufacturing the telephone number for the Water Indian Country in the states of Idaho, Docket is (202) 566–2426. Oregon and Washington. Sector F—Primary Metals Sector G—Metal Mining (Ore Mining 2. Electronic Access. You may access DATES: Today’s action is effective on and Dressing) this Federal Register document February 26, 2009. This effective date is Sector H—Coal Mines and Coal Mining- electronically through the EPA Internet necessary to provide dischargers with Related Facilities under the Federal Register listings at the immediate opportunity to comply Sector I—Oil and Gas Extraction and http://www.epa.gov/fedrgstr/. with Clean Water Act requirements in Refining Electronic versions of this final permit light of the expiration of the previous Sector J—Mineral Mining and Dressing and fact sheet are available at EPA’s version of the MSGP on October 30, Sector K—Hazardous Waste Treatment stormwater Web site http:// 2005. In accordance with 40 CFR Part Storage or Disposal www.epa.gov/npdes/stormwater/msgp. 23, this permit shall be considered Sector L—Landfills and Land An electronic version of the public issued for the purpose of judicial review Application Sites docket is available through EPA’s on March 12, 2009. Under section Sector M—Automobile Salvage Yards electronic public docket and comment 509(b) of the Clean Water Act, judicial Sector N—Scrap Recycling Facilities system, EPA Dockets. You may use EPA review of this general permit can be had Sector O—Steam Electric Generating Dockets at http://www.regulations.gov/ by filing a petition for review in the Facilities fdmspublic/component/main to view United States Court of Appeals with 120 Sector P—Land Transportation public comments, access the index days after the permit is considered Sector Q—Water Transportation listing of the contents of the official issued for purposes of judicial review. Sector R—Ship and Boat Building or public docket, and to access those Under section 509(b)(2) of the Clean Repairing Yards documents in the public docket that are Water Act, the requirements in this Sector S—Air Transportation Facilities available electronically. Once in the permit may not be challenged later in Sector T—Treatment Works system, select ‘‘search,’’ then key in the civil or criminal proceedings to enforce Sector U—Food and Kindred Products appropriate docket identification these requirements. In addition, this Sector V—Textile Mills, Apparel, and number. permit may not be challenged in other other Fabric Products Manufacturing Certain types of information will not agency proceedings. Deadlines for Sector W—Furniture and Fixtures be placed in the EPA Dockets. submittal of Notices of Intent from Sector X—Printing and Publishing Information claimed as CBI and other
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information whose disclosure is Indians. Accordingly, permit coverage Nationwide general permit before the restricted by statute, which is not under the MSGP is now available to court did qualify as a ‘‘rule’’ and included in the official public docket, dischargers in the following areas: therefore that the issuance of the general will not be available for public viewing • The State of Alaska, except Indian permit needed to comply with the in EPA’s electronic public docket. EPA Country lands; applicable legal requirements for the policy is that copyrighted material will • The State of Idaho, except Indian issuance of a ‘‘rule.’’ National Ass’n of not be placed in EPA’s electronic public Country lands; Home Builders v. U.S. Army Corps of docket but will be available only in • Indian Country lands within the Engineers, 417 F.3d 1272, 1284–85 (DC printed, paper form in the official public State of Idaho, except Duck Valley Cir. 2005) (Army Corps general permits docket. Although not all docket Reservation lands; under Section 404 of the Clean Water materials may be available • Indian Country lands within the Act are rules under the APA and the electronically, you may still access any State of Oregon, except Fort McDermitt Regulatory Flexibility Act; ‘‘Each NWP of the publicly available docket Reservation lands; [nationwide permit] easily fits within materials through the docket facility • Indian Country lands within the the APA’s definition of a ‘rule.’ * * * identified in Section I.B.1. State of Washington; and As such, each NWP constitutes a rule • Federal facilities in the State of * * *’’). II. Background Washington, except those located on As EPA stated in 1998, ‘‘the Agency EPA proposed the MSGP for public Indian Country lands. recognizes that the question of the comment on December 1, 2005 (70 FR Pursuant to CWA section 401(d), the applicability of the APA, and thus the 72116). On September 29, 2008 (73 FR limitations and requirements contained RFA, to the issuance of a general permit 56572), EPA announced the availability in these certifications are now is a difficult one, given the fact that a of the MSGP for industrial facilities conditions of the MSGP and are large number of dischargers may choose located in the States of Massachusetts, included in Part 9.10 of the permit. In to use the general permit.’’ 63 FR 36489, New Hampshire, New Mexico; the addition, EPA has specified the 36497 (July 6, 1998). At that time, EPA Commonwealth of Puerto Rico; the deadline for submittal of Notices of ‘‘reviewed its previous NPDES general District of Columbia; the Territories of Intent from dischargers in these areas in permitting actions and related Johnson Atoll, American Samoa, Guam, Table 9.10–1. statements in the Federal Register or the Commonwealth of Northern Mariana The MSGP effective date is February elsewhere,’’ and stated that ‘‘[t]his Islands, Midway and Wake Islands; 26, 2009. Operators of facilities review suggests that the Agency has Indian Country in Alaska, Arizona, discharging within the areas listed generally treated NPDES general permits Connecticut, Massachusetts, Louisiana, above must submit their Notice of Intent effectively as rules, though at times it Michigan, Minnesota, Nevada, New to EPA no later than May 27, 2009. The has given contrary indications as to Mexico, Oklahoma, Texas, Wisconsin, permit and the authorization to whether these actions are rules or Rhode Island; for certain facilities in the discharge will expire at midnight on permits.’’ Id. at 36496. Based on EPA’s states of Oklahoma and Texas not on September 29, 2013. As previously further legal analysis of the issue, the Indian Country lands; and for Federal noted, the complete text of the updated Agency ‘‘concluded, as set forth in the facilities located in Delaware and MSGP can be obtained through EPA’s proposal, that NPDES general permits Vermont. Web site at http://www.epa.gov/npdes/ are permits [i.e., adjudications] under EPA Region 10 did not issue the final stormwater/msgp. the APA and thus not subject to APA MSGP for the States of Alaska and rulemaking requirements or the RFA.’’ Permit Appeal Procedures Idaho; for Federal facilities in Id. Accordingly, the Agency stated that Washington; and for Indian Country in In accordance with 40 CFR part 23, ‘‘the APA’s rulemaking requirements are the States of Idaho, Oregon and this permit shall be considered issued inapplicable to issuance of such Washington because it had not yet for the purpose of judicial review on permits,’’ and thus ‘‘NPDES permitting received the Clean Water Act 401 March 12, 2009. is not subject to the requirement to certifications. Now that EPA Region 10 III. Compliance With the Regulatory publish a general notice of proposed has received the required Clean Water Flexibility Act for General Permits rulemaking under the APA or any other Act 401 certifications, it is issuing the law * * * [and] it is not subject to the final MSGP, as described more fully The Regulatory Flexibility Act (RFA) RFA.’’ Id. at 36497. below, in the States of Alaska and generally requires an agency to prepare However, the Agency went on to Idaho; for Federal facilities in a regulatory flexibility analysis of any explain that, even though EPA had Washington; and for Indian Country in rule subject to notice and comment concluded that it was not legally the States of Idaho, Oregon and rulemaking requirements under the required to do so, the Agency would Washington. Administrative Procedure Act or any voluntarily perform the RFA’s small- The MSGP provides coverage for 29 other statute unless the agency certifies entity impact analysis. Id. EPA sectors of industrial point source that the rule will not have a significant explained the strong public interest in discharges that occur in areas not economic impact on a substantial the Agency following the RFA’s covered by an approved State NPDES number of small entities. Small entities requirements on a voluntary basis: program. EPA summarized the MSGP include small businesses, small ‘‘[The notice and comment] process also permit conditions, as well as changes organizations, and small governmental provides an opportunity for EPA to from the previous version of the MSGP, jurisdictions. consider the potential impact of general in the September 29, 2008, Federal The legal question of whether a permit terms on small entities and how Register notice. general permit (as opposed to an to craft the permit to avoid any undue Since September 2008, EPA received individual permit) qualifies as a ‘‘rule’’ burden on small entities.’’ Id. final certifications under the Clean or as an ‘‘adjudication’’ under the Accordingly, with respect to the NPDES Water Act Section 401 from the States Administrative Procedure Act (APA) permit that EPA was addressing in that of Alaska and Idaho; the Lummi Tribe, has been the subject of periodic Federal Register notice, EPA stated that the Confederated Tribe of the Umatilla litigation. In a recent case, the court ‘‘the Agency has considered and Indians; and the Puyallup Tribe of held that the CWA Section 404 addressed the potential impact of the
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general permit on small entities in a framework are fulfilled by including a Based on EPA’s analysis, the Agency manner that would meet the statement to this effect in the permit fact concludes that this permit will not requirements of the RFA if it applied.’’ sheet, along with a statement providing result in a significant economic impact Id. the factual basis for the conclusion. A on a substantial number of small Subsequent to EPA’s conclusion in quantitative analysis of impacts would businesses. The factual basis for this 1998 that general permits are only be required for permits that may conclusion is included in the economic adjudications, rather than rules, as affect a substantial number of small analysis for the permit, available as part noted above, the DC Circuit recently entities, consistent with EPA guidance of the docket for this permit, and held that Nationwide general permits regarding RFA certification.1 summarized above. under section 404 are ‘‘rules’’ rather IV. Quantitative Analysis of Economic Authority: Clean Water Act, 33 U.S.C. 1251 than ‘‘adjudications.’’ Thus, this legal et seq. question remains ‘‘a difficult one’’ Impacts of the MSGP Dated: January 29, 2009. (supra). However, EPA continues to EPA has determined, in consideration Michael A. Bussell, believe that there is a strong public of the discussion in Section IV above, policy interest in EPA applying the that the issuance of the MSGP Director, Office of Water and Watersheds, EPA Region 10. RFA’s framework and requirements to potentially could affect a substantial the Agency’s evaluation and number of small entities. Therefore, to [FR Doc. E9–4152 Filed 2–25–09; 8:45 am] consideration of the nature and extent of determine what, if any, economic BILLING CODE 6560–50–P any economic impacts that a CWA impact this permit may have on small general permit could have on small businesses, EPA conducted an economic ENVIRONMENTAL PROTECTION entities (e.g., small businesses). In this assessment of this general permit. Based AGENCY regard, EPA believes that the Agency’s on this assessment, EPA concludes that evaluation of the potential economic this permit will not have a significant [EPA–HQ–OAR–2007–1196; FRL–8772–3] impact that a general permit would have economic impact on a substantial on small entities, consistent with the number of businesses, including small Recent Postings of Broadly Applicable RFA framework discussed below, is businesses. The estimated increased Alternative Test Methods relevant to, and an essential component compliance cost per permittee ranges of, the Agency’s assessment of whether AGENCY: Environmental Protection from a low of $8.37 per year to a high Agency (EPA). a CWA general permit would place of $28.27 per year. All cost estimates are requirements on dischargers that are ACTION: presented in 2005 dollars. As a Notice of availability. appropriate and reasonable. percentage of annual sales, the expected Furthermore, EPA believes that the SUMMARY: This notice announces the incremental burden of these estimated RFA’s framework and requirements broadly applicable alternative test costs is small. The cost-to-sales ratios provide the Agency with the best method approval decisions the EPA has are small across all MSGP sectors, with approach for the Agency’s evaluation of made under and in support of New the largest impacts observed in Sectors the economic impact of general permits Source Performance Standards (NSPS) I (0.003 percent) and P (0.003 percent). on small entities. While using the RFA and the National Emission Standards for framework to inform its assessment of These cost estimates reflect the Hazardous Air Pollutants (NESHAP) in whether permit requirements are incremental monitoring, documentation 2008. appropriate and reasonable, EPA will and reporting costs imposed by this FOR FURTHER INFORMATION CONTACT: An also continue to ensure that all permits permit, relative to the comparable costs electronic copy of each alternative test satisfy the requirements of the Clean for compliance with MSGP 2000. They method approval document is available Water Act. do not include the costs of additional on EPA’s Web site at http:// Accordingly, EPA hereby commits control measures that may be required www.epa.gov/ttn/emc/approalt.html. that the Agency will operate in as a result of more rigorous For questions about this notice, contact accordance with the RFA’s framework documentation and reporting Jason M. DeWees, Air Quality and requirements during the Agency’s requirements (e.g., for corrective action). Assessment Division, Office of Air issuance of CWA general permits (in EPA recognizes that these costs may be Quality Planning and Standards (E143– other words, the Agency commits that it significant for some facilities, but 02), Environmental Protection Agency, will apply the RFA in its issuance of believes that relatively few facilities will Research Triangle Park, NC 27711; general permits as if those permits do have significantly increased costs telephone number: 919–541–9724; fax qualify as ‘‘rules’’ that are subject to the relative to MSGP 2000 because in most number: 919–541–0516; e-mail address: RFA). In satisfaction of this cases the underlying standards of [email protected]. For technical commitment, during the course of this control have not changed. EPA was questions about individual alternative MSGP permitting proceeding, the unable to quantify these costs because test method decisions, refer to the Agency conducted the analysis and EPA is not able to predict what site- contact person identified in the made the appropriate determinations specific additional control measures individual approval documents. that are called for by the RFA. In may be necessary in these limited cases. SUPPLEMENTARY INFORMATION: addition, and in satisfaction of the Agency’s commitment, EPA will apply 1 EPA’s current guidance, entitled Final Guidance I. General Information the RFA’s framework and requirements for EPA Rulewriters: Regulatory Flexibility Act as in any future MSGP proceeding as well Amended by the Small Business Regulatory A. Does This Notice Apply to Me? Enforcement and Fairness Act, was issued in as in the Agency’s issuance of other November 2006 and is available on EPA’s Web site: This notice will be of interest to NPDES general permits. EPA anticipates http://www.epa.gov/sbrefa/documents/ entities regulated under 40 CFR parts that for most general permits the Agency rfafinalguidance06.pdf. After considering the 60, 61, and 63, and State, local, Tribal will be able to conclude that there is not Guidance and the purpose of CWA general permits, agencies, and EPA Regional Offices EPA concludes that general permits affecting less a significant economic impact on a than 100 small entities do not have a significant responsible for implementation and substantial number of small entities. In economic impact on a substantial number of small enforcement of regulations under 40 such cases, the requirements of the RFA entities. CFR parts 60, 61, and 63.
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B. How Can I Get Copies of This or alternatives would be equally valid to our technology transfer network from Information? and appropriate to apply to other January 1, 2008, through December 31, sources within a particular class, 2008. The alternative test number, the You may access copies of the broadly category, or subcategory. Consequently, reference method affected, sources applicable alternative test method we have concluded that where a method affected, and modification or alternative approval documents from the EPA’s modification or a change or alternative method allowed are summarized in Web site at http://www.epa.gov/ttn/emc/ is clearly broadly applicable to a class, Table 1 of this notice. Please refer to the approalt.html. category, or subcategory of sources, it is complete copies of these approval II. Background both more equitable and efficient to documents available from the EPA’s approve its use for all appropriate Web site at http://www.epa.gov/ttn/emc/ This notice identifies EPA’s broadly sources and situations at the same time. approalt.html as the table serves only as applicable alternative test method It is important to clarify that a summary of the broadly applicable approval decisions issued between alternative methods are not mandatory alternative test methods. If you are January 1, 2008, and December 31, 2008, but permissive. Sources are not required aware of reasons why a particular under the New Source Performance to employ such a method but may alternative test method approval that we Standards (NSPS), 40 CFR part 60, and choose to do so in appropriate cases. issue should not be broadly applicable, the National Emission Standards for Source owners or operators should we request that you make us aware of Hazardous Air Pollutants (NESHAP), 40 review the specific broadly applicable the reasons within 60 days of the CFR parts 61 and 63 (see Table 1). alternative method approval decision on Federal Register notice announcing the Source owners and operators may the EPA’s Web site at http:// broad approval, and we will revisit the voluntarily use these broadly applicable www.epa.gov/ttn/emc/approalt.html broad approval. Any objection to a alternative test methods subject to their before electing to employ it. By electing broadly applicable alternative test specific applicability. Use of these to use an alternative method, the source method as well as the resolution of that broadly applicable alternative test owner or operator consents to thereafter objection will be announced on the methods does not change the applicable demonstrate compliance with EPA’s Web site at http://www.epa.gov/ emission standards. applicable requirements based on the ttn/emc/approalt.html and in the As explained in a previous Federal results of the alternative method until subsequent Federal Register notice. If Register notice published at 72 FR 4257, approved to do so otherwise. we should decide to retract a broadly 1/30/07 and found on the EPA’s Web The criteria for approval and applicable test method, we would site at http://www.epa.gov/ttn/emc/ procedures for submission and review continue to grant case-by-case approalt.html, the EPA Administrator of broadly applicable alternative test approvals, as appropriate, and would (as has the authority to approve the use of methods are outlined at 72 FR 4257, 1/ States, local and Tribal agencies and alternative test methods to comply with 30/07. EPA will continue to announce EPA Regional Offices should) consider requirements under 40 CFR parts 60, 61, approvals for broadly applicable the need for an appropriate transition and 63. This authority is found in alternative test methods on the EPA’s period for users either to request case- sections 60.8(b)(3), 61.13(h)(1)(ii), and Web site at http://www.epa.gov/ttn/emc/ by-case approval or to transition to an 63.7(e)(2)(ii). Over the years, we have approalt.html and intends to publish a approved method. performed thorough technical reviews notice annually that summarizes of numerous requests for alternatives approvals for broadly applicable Dated: January 29, 2009. and modifications to test methods and alternative test methods. Stephen D. Page, procedures. Based on these experiences, This notice comprises a summary of Director, Office of Air Quality Planning and we have found that often these changes eleven such approval documents added Standards.
TABLE 1—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS UNDER APPENDICES A, B OR F IN CFR 60, 61, AND 63 MADE BETWEEN JANUARY 2008 AND DECEMBER 2008
As an alternative or modification Alternative No. to . . . For . . . You may . . .
Alt–039 ...... Method 101A—Determination of Sludge Drying or Sludge Inciner- Use Method 29 with limitations Particulate and Gaseous Mer- ation Facilities affected under outlined in the approval letter in cury Emissions from Sewage the NESHAP for Mercury in 40 lieu of Method 101A. Sludge Incinerators. CFR part 61, subpart E. Alt–040 ...... Method 25C—Determination of Sources affected under the NSPS Use of a Geoprobe brand sam- Nonmethane Organic Com- for Municipal Solid Waste Land- pling probe to create a sam- pounds (NMOC) in Landfill Gas. fills in 40 CFR part 60, subpart pling void. WWW. Use of a polyethylene sampling tubing. Use of a critical orifice to regulate flow. Alt–041 ...... Method 25C—Determination of Sources affected under the NSPS Use of extraction wells and leach- Nonmethane Organic Com- for Municipal Solid Waste Land- ate risers for sampling locations pounds (NMOC) in Landfill Gas. fills in 40 CFR part 60, subpart in lieu of the inserting surface WWW. probes. Alt–042 ...... Method 3C—Determination of Sources affected under the NSPS Use handheld combustion meters Carbon Dioxide, Methane, Ni- for Municipal Solid Waste Land- in lieu of Method 3C for 2 of the trogen, and Oxygen from Sta- fills in 40 CFR part 60, subpart 3 runs. tionary Sources. WWW.
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TABLE 1—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS UNDER APPENDICES A, B OR F IN CFR 60, 61, AND 63 MADE BETWEEN JANUARY 2008 AND DECEMBER 2008—Continued
As an alternative or modification Alternative No. to . . . For . . . You may . . .
Alt–042 ...... Method 22—Visual Determination Sources affected under the NSPS Reduce Method 22 run times from of Fugitive Emissions from Ma- for Municipal Solid Waste Land- 2 hours to 30 minutes. terial Sources and Smoke fills in 40 CFR part 60, subpart Emissions from Flares. WWW. Alt–043 ...... Method 26A—Determination of Sources subject to 40 CFR part Use Method 26 in lieu of Method Hydrogen Halide and Halogen 63, subpart RRR—National 26A provided the emission Emissions from Stationary Emission Standards for Haz- stream does not contain water Sources Isokinetic Method. ardous Air Pollutants for Sec- droplets. ondary Aluminum Production. Alt–044 ...... Performance Specification 4B— Sources subject to 40 CFR part Use of the alternative relative ac- Specifications and Test Proce- 63, subpart EEE, National curacy procedures in Section dures for Carbon Monoxides Emissions Standards for Haz- 7.3 of PS 4B when CO emis- and Oxygen Continuous Moni- ardous Air Pollutants for Haz- sions levels are consistently toring Systems in Stationary ardous Waste Combustors. very low or low and interrupted Sources. periodically by short duration high level spikes. Alt–045 ...... Method 3C—Determination of Sources affected under the NSPS Use of an alternative calibration Carbon Dioxide, Methane, Ni- for Municipal Solid Waste Land- procedure based on a drift trogen, and Oxygen from Sta- fills in 40 CFR part 60, subpart basis similar to Method 25. tionary Sources. WWW. Alt–046 ...... Method 6C—Determination of Sources affected under the NSPS Use of Method 320 in lieu of Sulfur Dioxides Emissions from for Industrial-Commercial-Insti- Method 6C. Stationary Sources (Instru- tutional Steam Generating Units mental Analyzer Procedure). in 40 CFR part 60, subpart Db. Alt–046 ...... Method 7E—Determination of Ni- Sources affected under the NSPS Use of Method 320 in lieu of trogen Oxides Emissions from for Industrial-Commercial-Insti- Method 7E. Stationary Sources (Instru- tutional Steam Generating Units mental Analyzer Procedure). in 40 CFR part 60, subpart Db. Alt–046 ...... Method 10—Determination of Sources affected under the NSPS Use of Method 320 in lieu of Carbon Monoxide from Sta- for Industrial-Commercial-Insti- Method 10. tionary Sources (Instrumental tutional Steam Generating Units Analyzer Procedure). in 40 CFR part 60, subpart Db. Alt–047 ...... Method 12—Determination of In- Sources required to use Method Use of Inductively Coupled Plas- organic Lead from Stationary 12. ma—Mass Spectroscopy Anal- Sources. ysis as described in Method 6020/6020A in lieu of atomic adsorption spectroscopy for lead. Alt–047 ...... Method 103—Beryllium Screening Sources required to use Method Use of Inductively Coupled Plas- Method. 103. ma—Mass Spectroscopy Anal- ysis as described in Method 6020/6020A in lieu of atomic adsorption spectroscopy for be- ryllium. Alt–047 ...... Method 104—Determination of Sources required to use Method Use of Inductively Coupled Plas- Beryllium Emissions from Sta- 104. ma—Mass Spectroscopy Anal- tionary Sources. ysis as described in Method 6020/6020A in lieu of atomic adsorption spectroscopy for be- ryllium. Alt–047 ...... Method 108—Determination of Sources required to use Method Use of Inductively Coupled Plas- Particulate and Gaseous Ar- 108. ma—Mass Spectroscopy Anal- senic Emissions. ysis as described in Method 6020/6020A in lieu of atomic adsorption spectroscopy for ar- senic. Alt–047 ...... Method 108A—Determination of Sources required to use Method Use of Inductively Coupled Plas- Arsenic Content in Ore Sam- 108A. ma—Mass Spectroscopy Anal- ples from Nonferrous Smelters. ysis as described in Method 6020/6020A in lieu of atomic adsorption spectroscopy for ar- senic. Alt–047 ...... Method 108B—Determination of Sources required to use Method Use of Inductively Coupled Plas- Arsenic Content in Ore Sam- 108B. ma—Mass Spectroscopy Anal- ples from Nonferrous Smelters. ysis as described in Method 6020/6020A in lieu of atomic adsorption spectroscopy for ar- senic.
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TABLE 1—APPROVED ALTERNATIVE TEST METHODS AND MODIFICATIONS TO TEST METHODS UNDER APPENDICES A, B OR F IN CFR 60, 61, AND 63 MADE BETWEEN JANUARY 2008 AND DECEMBER 2008—Continued
As an alternative or modification Alternative No. to . . . For . . . You may . . .
Alt–047 ...... Method 306—Determination of Sources required to use Method Use of Inductively Coupled Plas- Chromium Emissions from Dec- 306. ma—Mass Spectroscopy Anal- orative and Hard Chromium ysis as described in Method Electroplating and Chromium 6020/6020A in lieu of atomic Anodizing Operation—Isokinetic adsorption spectroscopy for method. chromium. Alt–048 ...... Method 5—Determination of Par- Sources required to use Method 5 Use of an alternative determina- ticulate Matter Emissions from tion of sample volume and flow Stationary Sources. rate used by the Isostack me- tering system. Alt–049 ...... Performance Specification 4B— Sources subject to 40 CFR part Use of the alternative relative ac- Specifications and Test Proce- 63, subpart EEE, National curacy procedures in Section dures for Carbon Monoxides Emissions Standards for Haz- 7.3 of PS 4B when CO emis- and Oxygen Continuous Moni- ardous Air Pollutants for Haz- sions levels are consistently toring Systems in Stationary ardous Waste Combustors. very low or low and interrupted Sources. periodically by short duration high level spikes. Source owners or operators should review the specific broadly applicable alternative method approval letter on the EPA’s Web site at http:// www.epa.gov/ttn/emc/approalt.html before electing to employ it.
[FR Doc. E9–4125 Filed 2–25–09; 8:45 am] boardmeetings.asp to view the event. If Building located at 550 17th Street, BILLING CODE 6560–50–P you need any technical assistance, NW., Washington, DC. please visit our Video Help page at: Requests for further information http://www.fdic.gov/video.html. concerning the meeting may be directed FEDERAL DEPOSIT INSURANCE The FDIC will provide attendees with to Mr. Robert E. Feldman, Executive CORPORATION auxiliary aids (e.g., sign language Secretary of the Corporation, at (202) interpretation) required for this meeting. 898–7043. Notice of Agency Meeting Those attendees needing such assistance Dated: February 20, 2009. Pursuant to the provisions of the should call (703) 562–6067 (Voice or Robert E. Feldman, ‘‘Government in the Sunshine Act’’ (5 TTY), to make necessary arrangements. Executive Secretary. U.S.C. 552b), notice is hereby given that Requests for further information [FR Doc. E9–4078 Filed 2–25–09; 8:45 am] the Federal Deposit Insurance concerning the meeting may be directed BILLING CODE 6714–01–P Corporation’s Board of Directors will to Mr. Robert E. Feldman, Executive meet in open session at 10 a.m. on Secretary of the Corporation, at (202) Friday, February 27, 2009, to consider 898–7043. FEDERAL RESERVE SYSTEM the following matters: Dated: February 20, 2009. Summary Agenda: No substantive Proposed Agency Information discussion of the following items is Federal Deposit Insurance Corporation. Collection Activities; Comment anticipated. These matters will be Robert E. Feldman, Request resolved with a single vote unless a Executive Secretary. AGENCY: member of the Board of Directors [FR Doc. E9–4077 Filed 2–25–09; 8:45 am] Board of Governors of the Federal Reserve System. requests that an item be moved to the BILLING CODE 6714–01–P discussion agenda. SUMMARY: Background. On June 15, Disposition of minutes of previous 1984, the Office of Management and Board of Directors’ meetings. FEDERAL DEPOSIT INSURANCE Budget (OMB) delegated to the Board of Summary reports, status reports, and CORPORATION Governors of the Federal Reserve reports of actions taken pursuant to System (Board) its approval authority authority delegated by the Board of Notice of Agency Meeting under the Paperwork Reduction Act Directors. (PRA), as per 5 CFR 1320.16, to approve Discussion Agenda: Assessment Pursuant to the provisions of the of and assign OMB control numbers to System. ‘‘Government in the Sunshine Act’’ (5 collection of information requests and Modification of Temporary Liquidity U.S.C. 552b), notice is hereby given that requirements conducted or sponsored Guarantee Program to Guarantee at 10:30 a.m. on Friday, February 27, by the Board under conditions set forth Mandatory Convertible Debt. 2009, the Federal Deposit Insurance in 5 CFR 1320 Appendix A.1. Board- The meeting will be held in the Board Corporation’s Board of Directors will approved collections of information are Room on the sixth floor of the FDIC meet in closed session, pursuant to incorporated into the official OMB Building located at 550 17th Street, section 552b(c)(2), (c)(4), (c)(6), (c)(8), inventory of currently approved NW., Washington, DC. (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of Title collections of information. Copies of the This Board meeting will be Webcast 5, United States Code, to consider Paperwork Reduction Act Submission, live via the Internet and subsequently matters relating to the Corporation’s supporting statements and approved made available on-demand supervisory and corporate activities. collection of information instruments approximately one week after the event. The meeting will be held in the Board are placed into OMB’s public docket Visit http://www.vodium.com/goto/fdic/ Room on the sixth floor of the FDIC files. The Federal Reserve may not
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conduct or sponsor, and the respondent foia/ProposedRegs.cfm as submitted, telephone interview, up to six times a is not required to respond to, an unless modified for technical reasons. year. The purpose of the survey is to information collection that has been Accordingly, your comments will not be provide qualitative and limited extended, revised, or implemented on or edited to remove any identifying or quantitative information on credit after October 1, 1995, unless it displays contact information. Public comments availability and demand, as well as a currently valid OMB control number. may also be viewed electronically or in evolving developments and lending paper form in Room MP–500 of the practices in the U.S. loan markets. Request for Comment on Information Board’s Martin Building (20th and C Consequently, a portion of the questions Collection Proposals Streets, NW.) between 9 a.m. and 5 p.m. in each survey typically covers special The following information on weekdays. topics of timely interest. There is the collections, which are being handled Additionally, commenters should option to survey other types of under this delegated authority, have send a copy of their comments to the respondents (such as other depository received initial Board approval and are OMB Desk Officer by mail to the Office institutions, bank holding companies, or hereby published for comment. At the of Information and Regulatory Affairs, other financial entities) should the need end of the comment period, the U.S. Office of Management and Budget, arise. The FR 2018 survey provides proposed information collections, along New Executive Office Building, Room crucial information for monitoring and with an analysis of comments and 10235, 725 17th Street, NW., understanding the evolution of lending recommendations received, will be Washington, DC 20503 or by fax to 202– practices at banks and developments in submitted to the Board for final 395–6974. credit markets. approval under OMB delegated FOR FURTHER INFORMATION CONTACT: A 2. Report title: Senior Financial authority. Comments are invited on the copy of the PRA OMB submission Officer Survey. following: including, the proposed reporting form Agency form number: FR 2023. a. Whether the proposed collection of and instructions, supporting statement, OMB control number: 7100–0223. Frequency: Up to four times per year. information is necessary for the proper and other documentation will be placed performance of the Federal Reserve’s Reporters: Large commercial banks. into OMB’s public docket files, once Annual reporting hours: 240 hours. functions; including whether the approved. These documents will also be information has practical utility; Estimated average hours per response: made available on the Federal Reserve 1 hour. b. The accuracy of the Federal Board’s public Web site at: http:// Reserve’s estimate of the burden of the Number of respondents: 60. www.federalreserve.gov/boarddocs/ Small businesses are not affected. proposed information collection, reportforms/review.cfm or may be General description of report: This including the validity of the requested from the agency clearance information collection is voluntary (12 methodology and assumptions used; officer, whose name appears below. U.S.C. 225a, 248(a), and 263). It has c. Ways to enhance the quality, Michelle Shore, Federal Reserve been anticipated that most, if not all, of utility, and clarity of the information to Board Clearance Officer (202–452– the information to be collected on the be collected; and 3829), Division of Research and FR 2023 would be exempt from d. Ways to minimize the burden of Statistics, Board of Governors of the disclosure under subsection (b)(4) of the information collection on respondents, Federal Reserve System, Washington, Freedom of Information Act (5 U.S.C. including through the use of automated DC 20551. Telecommunications Device 552(b)(4)). However, the confidentiality collection techniques or other forms of for the Deaf (TDD) users may contact status of the survey would be information technology. (202–263–4869), Board of Governors of determined on a case-by-case basis, DATES: Comments must be submitted on the Federal Reserve System, when the specific questions to be asked or before April 27, 2009. Washington, DC 20551. on each particular survey are formulated ADDRESSES: You may submit comments, Proposals to approve under OMB but before respondents are contacted. identified by FR 2018, FR 2023, FR delegated authority the extension for Respondents will be informed of the 2835, or FR 2835a by any of the three years, without revision, of the confidentiality status of that particular following methods: following reports: survey, each time the survey would be • Agency Web Site: http:// 1. Report title: The Senior Loan conducted. www.federalreserve.gov. Follow the Officer Opinion Survey on Bank Abstract: The FR 2023 collects instructions for submitting comments at Lending Practices. qualitative and limited quantitative http://www.federalreserve.gov/ Agency form number: FR 2018. information about liability management, generalinfo/foia/ProposedRegs.cfm. OMB control number: 7100–0058. the provision of financial services, and • Federal eRulemaking Portal: http:// Frequency: Up to six times a year. the functioning of key financial markets www.regulations.gov. Follow the Reporters: Large U.S. commercial from a selection of sixty large instructions for submitting comments. banks and large U.S. branches and commercial banks (or, if appropriate, • E-mail: agencies of foreign banks. from other depository institutions or [email protected]. Annual reporting hours: 1,008 hours. major financial market participants). Include docket number in the subject Estimated average hours per response: Responses are obtained from a senior line of the message. 2 hours. officer at each participating institution • FAX: 202/452–3819 or 202/452– Number of respondents: 84. through a telephone interview. The 3102. Small businesses are not affected. survey is conducted when major • Mail: Jennifer J. Johnson, Secretary, General description of report: This informational needs arise and cannot be Board of Governors of the Federal information collection is voluntary (12 met from existing data sources. The Reserve System, 20th Street and U.S.C. 225a, 248(a)(2), and 3105(c)(2)) survey does not have a fixed set of Constitution Avenue, NW., Washington, and is given confidential treatment (5 questions; each survey consists of a DC 20551. U.S.C. 552(b)(4)). limited number of questions directed at All public comments are available from Abstract: The FR 2018 is conducted topics of timely interest. The survey the Board’s Web site at http:// with a senior loan officer at each helps pinpoint developing trends in www.federalreserve.gov/generalinfo/ respondent bank, generally through a bank funding practices, enabling the
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Federal Reserve to distinguish these Research and Quality (AHRQ) to request exchange system is composed of two trends from transitory phenomena. that the Office of Management and functions: The patient search function 3. Report titles: Quarterly Report of Budget (OMB) approve the proposed and the data exchange function. The Interest Rates on Selected Direct information collection project: patient search function is supported by Consumer Installment Loans and ‘‘Colorado Regional Health Information the CORHIO master patient index, Quarterly Report of Credit Card Plans. Exchange (CORHIO)—Point of Care which is an index of all the patients that Agency form numbers: FR 2835 and Exchange System Evaluation: Point of have been seen within a given time FR 2835a. Care Questionnaires and Focus period at CORHIO’s partner health care OMB control number: 7100–0085. Groups.’’ In accordance with the organizations (HCOs). The patient Frequency: Quarterly. Paperwork Reduction Act of 1995, 44 search function allows users to enter Reporters: Commercial banks. U.S.C. 3506(c)(2)(A), AHRQ invites the identifying information for a patient, Annual reporting hours: FR 2835, 132 public to comment on this proposed such as name, date of birth, or medical hours; and FR 2835a, 100 hours. information collection. record number, and searches to Estimated average hours per response: This proposed information collection determine if the patient has received FR 2835, 13.2 minutes; and FR 2835a, was previously published in the Federal medical care at one of the partner HCOs. 30 minutes. Register on December 1st, 2008 and The POC clinical exchange system will Number of respondents: FR 2835, 150; allowed 60 days for public comment. No then display all potential matching and FR 2835a, 50. comments were received. The purpose identities available at the CORHIO Small businesses are not affected. of this notice is to allow an additional partner HCOs. Users select the General description of report: These 30 days for public comment. appropriate match, if it exists, and information collections are voluntary DATES: request available data for the selected (12 U.S.C. 248(a)(2)). The FR 2835a Comments on this notice must be received by March 30, 2009. patient. The data exchange function individual respondent data are given aggregates and displays the available confidential treatment (5 U.S.C. ADDRESSES: Written comments should be submitted to: AHRQ’s OMB Desk data from multiple partner HCOs for the 552(b)(4)), the FR 2835 data however, is selected patient. not given confidential treatment. Officer by fax at (202) 395–6974 Abstract: The FR 2835 collects the (attention: AHRQ’s desk officer) or by e- This proposed information collection _ most common interest rate charged at a mail at OIRA [email protected] will provide input from clinicians at sample of 150 commercial banks on two (attention: AHRQ’s desk officer). four participating HCOs regarding the types of consumer loans made in a given Copies of the proposed collection usability of the system and the value of week each quarter: new auto loans and plans, data collection instruments, and the exchanged clinical information to other loans for consumer goods and specific details on the estimated burden inform decision-making, patient personal expenditures. can be obtained from the AHRQ Reports disposition and potentially redundant The FR 2835a collects information on Clearance Officer. test ordering. Additionally, this case two measures of credit card interest FOR FURTHER INFORMATION CONTACT: study will provide important rates from a sample of 50 commercial Doris Lefkowitz, AHRQ Reports information to inform future design and banks (authorized panel size), selected Clearance Officer, (301) 427–1477, or by phase implementation of the CORHIO to include banks with $1 billion or more e-mail at [email protected]. system. in credit card receivables, and a SUPPLEMENTARY INFORMATION: This case study is being conducted representative group of smaller issuers. pursuant to AHRQ’s statutory mandate The data are representative of interest Proposed Project to conduct and support research, rates paid by consumers on bank credit Colorado Regional Health Information evaluations and initiatives to advance cards because the panel includes Exchange (CORHIO)—Point of Care the creation of effective linkages virtually all large issuers and an Exchange System Evaluation: Point of between various sources of health appropriate sample of other issuers. Care Questionnaires and Focus Groups information, including the development of information networks (42 U.S.C. Board of Governors of the Federal Reserve AHRQ proposes a case study of the System, February 23, 2009. 299b–3(a)(3)). point-of-care (POC) clinical exchange Robert deV. Frierson, system at the Colorado Regional Health Method of Collection Deputy Secretary of the Board. Information Exchange (COHRIO). The This case study includes 2 distinct [FR Doc. E9–4115 Filed 2–25–09; 8:45 am] COHRIO is an AHRQ State and Regional data collections regarding the POC BILLING CODE 6210–01–P Demonstration Project contract which clinical exchange system: supports the administrative and technical implementation of an 1. POC Questionnaire—a survey of DEPARTMENT OF HEALTH AND information technology service to end-users at three emergency HUMAN SERVICES provide secure electronic transmission departments (ED) regarding their of clinical information between partner experiences with the POC clinical Agency for Healthcare Research and health care entities to improve the exchange system and its effect on Quality efficiency, quality, and safety of patient patient care. This questionnaire will be care. used to collect data from the EDs for one Agency Information Collection The key element of CORHIO is the week quarterly in 2009 and for the first Activities: Proposed Collection; POC clinical exchange system, which quarter of 2010. Comment Request doctors can use to access information 2. Focus Groups—focus groups with AGENCY: Agency for Healthcare Research about individual patients as they care select high- and low-use users of the and Quality, HHS. for them. The POC clinical exchange POC clinical exchange system from each ACTION: Notice. system is an Internet-based portal which of the three EDs and one call Center. allows authorized users to log in and Focus groups will be conducted at 4 and SUMMARY: This notice announces the request clinical information for a 8 months after users begin using the intention of the Agency for Healthcare specific patient. The POC clinical POC system.
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Estimated Annual Respondent Burden physician per shift will respond, check off ‘‘Did not use’’ and select a resulting in about 525 patient reason why they did not use the system, Exhibit 1 shows the estimated burden encounters per each ED over a one week which will take 5 to 10 seconds. The hours for the respondents’ time to period. Since the POC questionnaire maximum time of two minutes was used participate in this project. The POC will be completed for each patient seen, for all responses to calculate a questionnaire will be administered to 525 questionnaires will be completed conservative estimate of the burden. the three participating EDs only, while each quarter, resulting in about 2,100 The focus groups will be conducted the focus groups will be held at both the completed questionnaires per year (4 twice a year at each of the four EDs and the one participating call quarters × 525 per quarter) per ED. The participating facilities and are expected center. The POC questionnaire will be POC questionnaire is estimated to to take one hour or less to complete. The administered quarterly for an entire require about two minutes to complete. maximum expected time of one hour week at each ED. There are typically However, the POC clinical exchange was used to calculate a conservative two doctors per shift, 21 shifts per week system will be used for only about 10 estimate of the burden. The total burden and an average of 25 patients seen by percent of the visits. This means that for hours for all data collections is each doctor per shift. One attending 90 percent of the visits providers will estimated to be 242 hours.
EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS
Number of re- Form name Number of sponses per Hours per Total respondents respondent response burden hours
POC Questionnaire ...... 3 2,100 2/60 210 Focus Groups ...... 4 8 1 32
Total ...... 7 na na 242
Exhibit 2 shows the annualized cost participate in this project. The total cost burden for the respondent’s time to burden is estimated to be $21,775.
EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN
Number of Total Average hour- Total cost Form name respondents burden hours ly wage rate * burden
POC Questionnaire ...... 3 210 $92.03 $19,326 Focus Groups ...... 4 32 76.53 2,449
Total ...... 7 242 na 21,775 * Based upon the weighted average of the ‘‘registered nurse’’ mean and the ‘‘surgeon’’ mean of the average wages, May 2007 National Occu- pational Employment and Wage Estimates, United States, U.S. Department of Labor, Bureau of Labor Statistics. http://www.bls.gov/oes/current/ oes_nat.htm#b29-0000 (accessed Nov. 1, 2008). The ‘‘surgeon’’ mean salary was used for the 3 ED respondents and the ‘‘registered nurse’’ mean salary was used for the 1 Call Center.
Estimated Annual Costs to the Federal to the Federal government. The total processing and analysis, $1,000 for the Government cost is $34,730 and includes $7,500 for publication of results and $11,250 for Exhibit 3 shows the total and project development, $8,400 for data project management. annualized cost of this two-year project collection activities, $6,580 for data
EXHIBIT 3—ESTIMATED COST
Annualized Cost component Total cost cost
Project Development ...... $7,500 $3,750 Data Collection Activities ...... 8,400 4,200 Data Processing and Analysis ...... 6,580 3,290 Publication of Results ...... 1,000 500 Project Management ...... 11,250 5,625 Overhead ...... 0 0
Total ...... 34,730 17,365
Request for Comments any of the following: (a) Whether the dissemination functions, including proposed collection of information is whether the information will have In accordance with the above-cited necessary for the proper performance of practical utility; (b) the accuracy of Paperwork Reduction Act legislation, AHRQ health care research, quality AHRQ’s estimate of burden (including comments on AHRQ’s information collection are requested with regard to improvement and information hours and costs) of the proposed
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collection(s) of information; (c) ways to Proposed Project with adolescents to examine self- enhance the quality, utility, and clarity administration of acetaminophen among ‘‘Understanding Patients’ Knowledge of the information to be collected; and this group. and Use of Acetaminophen’’ (d) ways to minimize the burden of the Content areas to be explored are: a. collection of information upon the This proposed data collection is a Knowledge about acetaminophen: respondents, including the use of qualitative study to preliminarily Brands, terms, combinations, dosage, automated collection techniques or identify issues that relate to the misuse administration, indications; b. beliefs other forms of information technology. and overdosing of over-the-counter about benefits and risks, including thresholds for toxicity and death; c. Comments submitted in response to (OTC) acetaminophen. Toxicity from patterns and frequency of use; d. this notice will be summarized and acetaminophen has been on the rise in sources of information (e.g., physicians, included in the Agency’s subsequent the past 3 decades, and is now the most pharmacists, media); e. related request for OMB approval of the common cause of acute liver failure in experiences in peers (e.g., advice, proposed information collection. All the U.S., surpassing viral hepatitis. This reports of toxicity); and f. views about comments will become a matter of data collection has two aims. Aim 1 is labeling, packaging and legislation (e.g., public record. to qualitatively explore knowledge, attitudes, beliefs, and practices restrictions in sales). Dated: February 17, 2009. regarding adult and adolescent self- Aim 2—Semi-structured interviews with Carolyn M. Clancy, administration of OTC acetaminophen, physicians and pharmacists Director. and parental administration of OTC [FR Doc. E9–3958 Filed 2–25–09; 8:45 am] acetaminophen to children. To meet Twenty primary care physicians and 20 pharmacists will be interviewed. BILLING CODE 4160–90–M Aim 1, focus groups will be conducted with adults and semi-structured Primary care physicians will be interviews will be conducted with recruited through a primary care DEPARTMENT OF HEALTH AND adolescents. Aim 2 is to qualitatively research network of physicians from HUMAN SERVICES explore experiences and practices of key both private and public clinics. professional informants, including Pharmacists will be recruited at Agency for Healthcare Research and physicians and pharmacists, with pharmacy facilities from hospitals and Quality respect to communicating information clinics. Interviews will be conducted on the administration and risks of OTC over the phone or in person, according Agency Information Collection acetaminophen to consumers and to the participant’s preference, and will Activities: Proposed Collection; patients. Semi-structured interviews last approximately 20 minutes. All Comment Request will be conducted with target key interviews will be audio-taped and informants. The results of this transcribed. Participants will be asked AGENCY: Agency for Healthcare Research qualitative study will provide an about the following: a. Frequency and and Quality, HHS. understanding of the relevant issues and patterns of interaction with consumers ACTION: Notice. will be used to develop a and patients with respect to comprehensive survey. A second OMB acetaminophen; b. types of information provided to consumers; c. availability of SUMMARY: This notice announces the clearance package will be developed intention of the Agency for Healthcare once the questionnaire for the survey is education materials; and d. views about Research and Quality (AHRQ) to request available. labeling, packaging and legislation. that the Office of Management and This project is being funded by AHRQ Estimated Annual Respondent Burden Budget (OMB) approve the proposed pursuant to a cooperative agreement Exhibit 1 shows the estimated information collection project: with the University of Pennsylvania annualized burden hours for the ‘‘Understanding Patients’ Knowledge (Award 1 U18HS017991) as part of the respondents’ time to participate in this and Use of Acetaminophen.’’ In Centers for Education and Research on project. The screening form will be accordance with the Paperwork Therapeutics (CERTs) program. The completed by all participants and is Reduction Act of 1995, 44 U.S.C. CERTs program is a national initiative, expected to take approximately 3 3506(c)(2)(A), AHRQ invites the public administered by AHRQ in consultation minutes to complete. Focus groups will to comment on this proposed with the Food and Drug Administration, include 2 populations: Parents of information collection. to increase awareness of the benefits children 8 years of age and adults, and and risks of new, existing, or combined DATES: will last about 11⁄2 hours. Semi- Comments on this notice must be uses of therapeutics through education structured interviews will be conducted received by April 27, 2009. and research. See 42 U.S.C. 299b–1(b). with 20 adolescents, 20 primary care ADDRESSES: Written comments should Method of Collection physicians, and 20 pharmacists and will be submitted to: Doris Lefkowitz, last 20 to 30 minutes. The self- Aim 1—Focus groups and individual Reports Clearance Officer, AHRQ, by e- administered questionnaire will be interviews mail at [email protected]. completed by the focus group Copies of the proposed collection Four focus groups will be conducted participants and the adolescent plans, data collection instruments, and with parents of young children to participants of the semi-structured specific details on the estimated burden examine administration of interviews, and will take about 6 can be obtained from the AHRQ Reports acetaminophen to children. Four focus minutes to complete. The total burden Clearance Officer. groups will also be conducted with for all participants is estimated to be adults to identify the issues, barriers, FOR FURTHER INFORMATION CONTACT: 134 hours. and psychosocial factors surrounding Exhibit 2 shows the estimated Doris Lefkowitz, AHRQ Reports how, when, and why OTC annualized cost burden for the Clearance Officer, (301) 427–1477, or by acetaminophen is used. Focus groups respondent’s time to participate in the e-mail at [email protected]. will each have 6 to 8 participants. Semi- project. The total cost is estimated to be SUPPLEMENTARY INFORMATION: structured interviews will be conducted $2,001.
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EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS
Number of Data collection mode Number of responses per Hours per Total burden respondents respondent response hours
Screening form ...... 124 1 3/60 6 Self-administered questionnaire ...... 84 1 6/60 8 Focus group with parents of children <8 years of age (4 groups of 8 participants) ...... 32 1 1.5 48 Focus group with adults (4 groups of 8 participants) ...... 32 1 1.5 48 Semi-structured interviews with adolescents (13 to 20 years of age) ...... 20 1 30/60 10 Semi-structured interviews with primary care physicians ...... 20 1 20/60 7 Semi-structured interviews with pharmacists ...... 20 1 20/60 7
Total ...... 332 ...... 134
EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN
Number of Total burden Average hourly Data collection mode respondents hours wage rate* Total cost burden
Screening form ...... 124 6 $10.30 $62 Self-administered questionnaire ...... 84 8 10.30 82 Focus groups with parents of children <8 years of age (4 groups of 8 participants) ...... 32 48 10.30 494 Focus groups with adults (4 groups of 8 participants) ...... 32 48 10.30 494 Semi-structured interviews with adolescents (13 to 20 years of age) ...... 20 10 10.30 103 Semi-structured interviews with primary care physicians ...... 20 7 61.10 428 Semi-structured interviews with pharmacists ...... 20 7 48.22 338
Total ...... 332 134 ...... 2,001 * Patient average hourly wage based on the average per capita income of $21,435 (computed into an hourly wage rate of $10.30) in Harris County, Texas where the study will take place. Provider hourly wage based on the following estimates from National Compensation Survey: Oc- cupational wages in the United States 2006, U.S. Department of Labor, Bureau of Labor Statistics: Primary care physician = $61.10/hour; phar- macist = $48.22/hour.
Estimates of Annualized Cost to the AHRQ health care research, quality DEPARTMENT OF HEALTH AND Government improvement and information HUMAN SERVICES Exhibit 3 shows the estimated cost to dissemination functions, including Food and Drug Administration the Federal Government for this six whether the information will have practical utility; (b) the accuracy of month project. [Docket No. FDA–2008–N–0631] The total cost is $164,440. This AHRQ’s estimate of burden (including amount includes all direct and indirect hours and costs) of the proposed Agency Information Collection costs of the design, data collection, collection(s) of information; (c) ways to Activities; Submission for Office of analysis, and reporting phase of the enhance the quality, utility, and clarity Management and Budget Review; study. of the information to be collected; and Comment Request; Medical Device (d) ways to minimize the burden of the Recall Authority EXHIBIT 3—ESTIMATED COST collection of information upon the AGENCY: Food and Drug Administration, respondents, including the use of Cost component Total cost HHS. automated collection techniques or ACTION: Notice. Project Development ...... $13,250 other forms of information technology. Data Collection Activities ...... 61,699 Comments submitted in response to SUMMARY: The Food and Drug Data Processing and Analysis 14,080 this notice will be summarized and Administration (FDA) is announcing Publication of Results ...... 750 Project Management ...... 17,000 included in the Agency’s subsequent that a proposed collection of Overhead ...... 57,661 request for OMB approval of the information has been submitted to the proposed information collection. All Office of Management and Budget Total ...... 164,440 comments will become a matter of (OMB) for review and clearance under public record. the Paperwork Reduction Act of 1995. Request for Comments Dated: February 17, 2009. DATES: Fax written comments on the collection of information by March 30, In accordance with the above-cited Carolyn M. Clancy, Paperwork Reduction Act legislation, 2009. Director. comments on AHRQ’s information ADDRESSES: To ensure that comments on collection are requested with regard to [FR Doc. E9–3959 Filed 2–25–09; 8:45 am] the information collection are received, any of the following: (a) Whether the BILLING CODE 4160–90–M OMB recommends that written proposed collection of information is comments be faxed to the Office of necessary for the proper performance of Information and Regulatory Affairs,
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OMB, Attn: FDA Desk Officer, FAX: authority to issue an order requiring an of the device, (2) FDA will provide the 202–395–6974, or e-mailed to appropriate person, including person named in the cease distribution [email protected]. All manufacturers, importers, distributors, and notification order with the comments should be identified with the and retailers of a device, if FDA finds opportunity for an informal hearing on OMB control number 0910–0432. Also that there is reasonable probability that whether the order should be modified, include the FDA docket number found the device intended for human use vacated, or amended to require a in brackets in the heading of this would cause serious adverse health mandatory recall of the device and, (3) document. consequences or death to: (1) after providing the opportunity for an FOR FURTHER INFORMATION CONTACT: Immediately cease distribution of such informal hearing, FDA may issue a Denver Presley, Jr., Office of Information device, (2) immediately notify health mandatory recall order if the agency Management (HFA–710), Food and Drug professionals and device-user facilities determines that such an order is Administration, 5600 Fishers Lane, of the order, and (3) instruct such necessary. Rockville, MD 20857, 301–796–3793. professionals and facilities to cease use The information collected under the SUPPLEMENTARY INFORMATION: In of such device. recall authority provisions will be used compliance with 44 U.S.C. 3507, FDA Further, the provisions under section by FDA to: (1) Ensure that all devices has submitted the following proposed 518 (e) of the act sets out a three- step entering the market are safe and collection of information to OMB for procedure for issuance of a mandatory effective, (2) accurately and review and clearance. device recall order which are: (1) If immediately detect serious problems there is a reasonable probability that a with medical devices, and (3) remove Medical Device Recall Authority—21 device intended for human use would CFR Part 810 (OMB Control Number dangerous and defective devices from cause serious, adverse health the market. 0910–0432)—Extension consequences or death, FDA may issue This collection of information a cease distribution and notification In the Federal Register of December implements section 518(e) of the order requiring the appropriate person 19, 2008 (73 FR 77719), FDA published Federal Food, Drug, and Cosmetic Act to immediately: (a) Cease distribution of a 60-day notice requesting public (the act) (21 U.S.C. 360h) and part 810 the device, (b) notify health comment on the information collection (21 CFR part 810) for the medical device professionals and device user facilities provisions. No comments were received. recall authority provisions. Section of the order, and (c) instruct those FDA estimates the burden of this 518(e) of the act provides FDA with the professionals and facilities to cease use collection of information as follows:
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours
810.10(d) 2 1 2 8 16
810.11(a) 1 1 1 8 8
810.12(a-b) 1 1 1 8 8
810.14 2 1 2 16 32
810.15(a-c) 2 1 2 12 24
810.15(d) 2 1 2 4 8
810.15(e) 10 1 10 1 10
810.16(a-b) 2 12 24 40 960
810.17(a) 2 1 2 8 16
Total 1,082 1There are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2.—ESTIMATED ANNUAL RECODKEEPING BURDEN1
No. of Annual Frequency Total Annual Hours per 21 CFR Section Recordkeepers per Recordkeeping Records Record Total Hours
810.15(b) 2 1 1 8 8 1There are no capital costs or operating and maintenance costs associated with this collection of information.
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Explanation for Burden Estimates: Agenda: To review and evaluate grant limitations imposed by the review and The burden estimates for tables I and applications. funding cycle. II of this document are based on FDA’s Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892. experience with voluntary recalls under Review Special Emphasis Panel, BTSS (Virtual Meeting). Member Conflict. part 810 of the regulations. FDA expects Contact Person: Richard G. Kostriken, PhD, Date: March 16, 2009. no more than two mandatory recalls per Scientific Review Officer, Center for Time: 2 p.m. to 5 p.m. year, as most recalls are done Scientific Review, National Institutes of Agenda: To review and evaluate grant voluntarily. Since the last time this Health, 6701 Rockledge Drive, Room 3192, applications. collection of information was submitted MSC 7808, Bethesda, MD 20892, 301–402– Place: National Institutes of Health, 6701 to OMB for renewal/approval, there 4454, [email protected]. Rockledge Drive, Bethesda, MD 20892. have been no mandatory recalls. This notice is being published less than 15 (Virtual Meeting). days prior to the meeting due to the timing Contact Person: Roberto J. Matus, MD, Dated: February 18, 2009. limitations imposed by the review and Scientific Review Officer, Center for Jeffrey Shuren, funding cycle. Scientific Review, National Institutes of Associate Commissioner for Policy and Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5108, Planning. Review Special Emphasis Panel Quick Trials MSC 7854, Bethesda, MD 20892, (301) 435– 2204, [email protected]. [FR Doc. E9–4137 Filed 2–25–09; 8:45 am] on Imaging and Image-guided Intervention. This notice is being published less than 15 BILLING CODE 4160–01–S Date: March 12, 2009. Time: 11 a.m. to 3 p.m. days prior to the meeting due to the timing Agenda: To review and evaluate grant limitations imposed by the review and funding cycle. DEPARTMENT OF HEALTH AND applications. Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific HUMAN SERVICES Rockledge Drive, Bethesda, MD 20892. Review Special Emphasis Panel, Member (Virtual Meeting). Conflict: Immune Mechanisms. National Institutes of Health Contact Person: John Firrell, PhD, Date: March 19, 2009. Scientific Review Officer, Center for Time: 1 p.m. to 4 p.m. Center for Scientific Review; Notice of Scientific Review, National Institutes of Agenda: To review and evaluate grant Closed Meetings Health, 6701 Rockledge Drive, Room 5213, applications. MSC 7854, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 Pursuant to section 10(d) of the 2598, [email protected]. Rockledge Drive, Bethesda, MD 20892. Federal Advisory Committee Act, as This notice is being published less than 15 (Telephone Conference Call). amended (5 U.S.C. Appendix 2), notice days prior to the meeting due to the timing Contact Person: Jian, Wang, PhD, Scientific is hereby given of the following limitations imposed by the review and Review Officer, Center for Scientific Review, meetings. funding cycle. National Institutes of Health, 6701 Rockledge Drive, Room 4095D, MSC 7812, Bethesda, The meetings will be closed to the Name of Committee: Center for Scientific Review Special Emphasis Panel, Infectious MD 20892, (301) 435–2778, public in accordance with the [email protected]. provisions set forth in sections Agent Detection/Diagnosis, Food Safety, Sterilization/Disinfection and Name of Committee: Center for Scientific 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Bioremediation. Review Special Emphasis Panel, Health of as amended. The grant applications and Date: March 13, 2009. the Population SBIR–2. the discussions could disclose Time: 8 a.m. to 6 p.m. Date: March 23, 2009. confidential trade secrets or commercial Agenda: To review and evaluate grant Time: 12 p.m. to 5 p.m. property such as patentable material, applications. Agenda: To review and evaluate grant and personal information concerning Place: Doubletree Guest Suites Santa applications. individuals associated with the grant Monica, 1707 Fourth Street, Santa Monica, Place: National Institutes of Health, 6701 CA 90401. Rockledge Drive, Bethesda, MD 20892. applications, the disclosure of which (Virtual Meeting). would constitute a clearly unwarranted Contact Person: Fouad A. El-Zaatari, PhD, Scientific Review Officer, Center for Contact Person: Karin F. Helmers, PhD, invasion of personal privacy. Scientific Review, National Institutes of Scientific Review Officer, Center for Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3206, Scientific Review, National Institutes of Review Special Emphasis Panel Oral and MSC 7808, Bethesda, MD 20814–9692, (301) Health, 6701 Rockledge Drive, Room 3148, Dental: Small Business. 435–1149, [email protected]. MSC 7770, Bethesda, MD 20892, 301–435– Date: March 5–6, 2009. This notice is being published less than 15 1017, [email protected]. Time: 9 a.m. to 12 a.m. days prior to the meeting due to the timing Name of Committee: Center for Scientific Agenda: To review and evaluate grant limitations imposed by the review and Review Special Emphasis Panel Data applications. funding cycle. Ontologies and Sharing Data and Tools. Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Date: March 24–25, 2009. Rockledge Drive, Bethesda, MD 20892. Review Special Emphasis Panel, Specials of Time: 8 a.m. to 4:30 p.m. (Virtual Meeting). Genes, Genomes, and Genetics. Agenda: To review and evaluate grant Contact Person: Tamizchelvi Thyagarajan, Date: March 13, 2009. applications. PhD, Scientific Review Officer, Center for Time: 1 p.m. to 3 p.m. Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Agenda: To review and evaluate grant Rockledge Drive, Bethesda, MD 20892. Health, 6701 Rockledge Drive, Room 4016K, applications. (Virtual Meeting). MSC 7814, Bethesda, MD 20892, 301–451– Place: National Institutes of Health, 6701 Contact Person: Alexander Gubin, PhD, 1327, [email protected]. Rockledge Drive, Bethesda, MD 20892. Scientific Review Officer, Center for This notice is being published less than 15 (Telephone Conference Call). Scientific Review, National Institutes of days prior to the meeting due to the timing Contact Person: Michael A. Marino, PhD, Health, 6701 Rockledge Drive, Rm 5144, MSC limitations imposed by the review and Scientific Review Officer, Center for 7812, Bethesda, MD 20892, 301–435–2902, funding cycle. Scientific Review, National Institutes of [email protected]. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 2216, Name of Committee: Center for Scientific Review Special Emphasis Panel, Pathogens MSC 7890, Bethesda, MD 20892, (301) 435– Review Special Emphasis Panel, Small and their Vectors. 0601, [email protected]. Business: Digestive Sciences. Date: March 12, 2009. This notice is being published less than 15 Date: March 24–25, 2009. Time: 10 a.m. to 5 p.m. days prior to the meeting due to the timing Time: 8 a.m. to 6 p.m.
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Agenda: To review and evaluate grant Substance Abuse and Mental Health by racial and ethnic minority applications. Services Administration (SAMHSA) communities to HIV testing, prevention, Place: National Institutes of Health, 6701 will publish periodic summaries of care, and treatment services; (2) Rockledge Drive, Bethesda, MD 20892. proposed projects. To request more implement strategies and activities (Virtual Meeting). Contact Person: Bonnie L. Burgess-Beusse, information on the proposed projects or specifically targeted to the highest risk PhD, Scientific Review Officer, Center for to obtain a copy of the information and hardest-to-serve populations; (3) Scientific Review, National Institutes of collection plans, call the SAMHSA reduce the stigma associated with HIV/ Health, 6701 Rockledge Drive, Room 2182, Reports Clearance Officer on (240) 276– AIDS screening through outreach and MSC 7818, Bethesda, MD 20892, 301–435– 1243. education, and (4) establish 1783, [email protected]. Comments are invited on: (a) Whether collaborations or opportunities for Name of Committee: Center for Scientific the proposed collections of information programs and/or activities to be Review Special Emphasis Panel Diversity are necessary for the proper integrated. Fellowships: Division of Translational and performance of the functions of the The target populations for the Clinical Sciences. agency, including whether the Date: March 24–25, 2009. initiative are African Americans, Time: 8 a.m. to 5 p.m. information shall have practical utility; Hispanic/Latinos, and other racial and Agenda: To review and evaluate grant (b) the accuracy of the agency’s estimate ethnic minorities that are applications. of the burden of the proposed collection disproportionately impacted by the twin Place: National Institutes of Health. 6701 of information; (c) ways to enhance the epidemics of HIV/AIDS and substance Rockledge Drive, Bethesda, MD 20892. quality, utility, and clarity of the abuse. Since 1981 approximately 1.7 (Virtual Meeting). information to be collected; and (d) million people are estimated to have Contact Person: John Firrell, PhD, ways to minimize the burden of the been infected with HIV in the U.S., and Scientific Review Officer, Center for collection of information on Scientific Review, National Institutes of more than 1.1 million are estimated to Health, 6701 Rockledge Drive, Room 5213, respondents, including through the use be living with HIV/AIDS today. Racial MSC 7854, Bethesda, MD 20892, 301–435– of automated collection techniques or and ethnic minorities have been 2598, [email protected]. other forms of information technology. disproportionately affected by HIV/ Name of Committee: Center for Scientific Proposed Project: Rapid HIV Testing AIDS, and represent the majority of new Review Special Emphasis Panel, Clinical Information Form for the AIDS cases (70%), new HIV infections Technologies in Cell Biology. Minority AIDS Initiative (MAI) for (54%), prevalent HIV/AIDS cases (65%), Date: March 24–25, 2009. Ethnic and Racial Minorities at Risk for and AIDS deaths (72%) (CDC, 2006). Time: 9 a.m. to 5 p.m. African Americans have been especially Agenda: To review and evaluate grant Substance Use and HIV/AID—In Use applications. Without OMB Approval affected by HIV/AIDS. More than half of all new HIV infections and half of new Place: National Institutes of Health, 6701 The Substance Abuse and Mental AIDS diagnoses occur in African Rockledge Drive, Bethesda, MD 20892. Health Services Administration’s (Virtual Meeting). Americans despite their accounting for (SAMHSA) Center for Substance Abuse Contact Person: Noni Byrnes, PhD, approximately 12% of the U.S. Treatment (CSAT), is requesting an Scientific Review Officer, Center for population. A similar impact exists OMB review and approval of the Scientific Review, National Institutes of among Latinos, who represent 14% of Health, 6701 Rockledge Drive, Room 5130, Minority AIDS Initiative (MAI) Rapid the U.S. population but account for 20% MSC 7840, Bethesda, MD 20892, (301) 435– HIV Testing Clinical Information Form of estimated AIDS diagnoses. Together, 1023, [email protected]. that will be utilized for ethnic and racial Asian/Pacific Islanders and American (Catalogue of Federal Domestic Assistance minority groups at risk for substance use Indian/Alaska Natives represent 1%– Program Nos. 93.306, Comparative Medicine; and HIV/AIDS that are served by 2% of new AIDS diagnoses. 93.333, Clinical Research, 93.306, 93.333, CSAT’s TCE–HIV grantees. The MAI 93.337, 93.393–93.396, 93.837–93.844, HIV Rapid Testing Clinical Information The spread of HIV disease in the 93.846–93.878, 93.892, 93.893, National United States has been partly fueled by Institutes of Health, HHS) Form would allow SAMHSA/CSAT to collect essential clinical information the use of illicit drugs. Injection drug Dated: February 18, 2009. that will be used for quality assurance, use (IDU) is directly related to HIV Jennifer Spaeth, quality performance, and product transmission through the sharing of Director, Office of Federal Advisory monitoring on approximately 30,000 drug equipment. According to CDC’s Committee Policy. rapid HIV test kits to be provided to latest report on 2006 rates, IDUs [FR Doc. E9–3944 Filed 2–25–09; 8:45 am] ethnic and racial minority communities accounted for 12 percent of estimated BILLING CODE 4140–01–M at no cost to the recipient provider new HIV infections. CDC’s historical organizations. The MAI Rapid HIV trend analysis indicates that new Testing Clinical Information Form infections have declined dramatically in DEPARTMENT OF HEALTH AND would support quality of care, provide this population over time and confirm HUMAN SERVICES adequate clinical and product the substantial evidence to date of monitoring, and provide appropriate success in reducing HIV infections Substance Abuse and Mental Health safeguards against fraud, waste and among IDUs. Despite these declines, Services Administration abuse of Federal funds. SAMHSA’s rates of HIV and AIDS continue to rise among certain groups including men Agency Information Collection approach would avoid unnecessary delay in informing any person who have sex with men, high risk Activities: Proposed Collection; heterosexual women and ethnic and Comment Request potentially adversely affected by a test kit recall or public health advisory. This racial minority groups due to non-IDU In compliance with Section program is authorized under Section drugs and alcohol that interfere with 3506(c)(2)(A) of the Paperwork 509 of the Public Health Service (PHS) judgment about sexual and other types Reduction Act of 1995 concerning Act [42 U.S.C. 290bb–2]. of behaviors. opportunity for public comment on The goals of SAMHSA’s MAI The estimated hour burden is proposed collections of information, the initiative are to: (1) Increase the access presented in the following table:
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Responses/ Total burden Number of respondents respondent Burden hours hours
30,000 ...... 1 .167 5,010
Send comments to Summer King, approved narcotic treatment drugs for treatment of an individual (one) patient SAMHSA Reports Clearance Officer, the treatment of opiate addiction. The under 21 U.S.C. 823(g)(2)(E)(ii). Finally, Room 7–1044, One Choke Cherry Road, legislation sets eligibility requirements the form may be used by physicians Rockville, MD 20857 and e-mail her a and certification requirements as well as with waivers to certify their need and copy at [email protected]. an interagency notification review intent to treat up to 100 patients. Written comments should be received process for physicians who seek The form collects data on the within 60 days of this notice. waivers. The legislation was amended following items: Practitioner name; Dated: February 20, 2009. in 2005 to eliminate the patient limit for State medical license number and DEA Elaine Parry, physicians in group practices, and in registration number; address of primary Director, Office of Program Services. 2006, to permit certain physicians to location, telephone and fax numbers; e- treat up to 100 patients. [FR Doc. E9–4088 Filed 2–25–09; 8:45 am] mail address; purpose of notification To implement these provisions, new, immediate, or renewal; BILLING CODE 4162–20–P SAMHSA developed a notification form certification of qualifying criteria for (SMA–167) that facilitates the treatment and management of opiate DEPARTMENT OF HEALTH AND submission and review of notifications. dependent patients; certification of HUMAN SERVICES The form provides the information capacity to refer patients for appropriate necessary to determine whether counseling and other appropriate Substance Abuse and Mental Health practitioners (i.e., independent ancillary services; certification of Services Administration physicians) meet the qualifications for maximum patient load, certification to waivers set forth under the new law. use only those drug products that meet Agency Information Collection Use of this form will enable physicians the criteria in the law. The form also Activities: Submission for OMB to know they have provided all notifies practitioners of Privacy Act Review; Comment Request information needed to determine considerations, and permits Periodically, the Substance Abuse and whether practitioners are eligible for a practitioners to expressly consent to Mental Health Services Administration waiver. disclose limited information to the (SAMHSA) will publish a summary of However, there is no prohibition on SAMHSA Buprenorphine Physician information collection requests under use of other means to provide requisite Locator. OMB review, in compliance with the information. The Secretary will convey Since July 2002, SAMHSA has Paperwork Reduction Act (44 U.S.C. notification information and received over 17,000 notifications and Chapter 35). To request a copy of these determinations to the Drug Enforcement has certified almost 16,000 physicians. documents, call the SAMHSA Reports Administration (DEA), which will Eighty-one percent of the notifications Clearance Officer on (240) 276–1243. assign an identification number to were submitted by mail or by facsimile, qualifying practitioners; this number with approximately twenty percent Project: Notification of Intent To Use will be included in the practitioner’s submitted through the Web based online Schedule III, IV, or V Opioid Drugs for registration under 21 U.S.C. 823(f). system. Approximately 60 percent of the the Maintenance and Detoxification Practitioners may use the form for certified physicians have consented to Treatment of Opiate Addiction Under three types of notification: (a) New, (b) disclosure on the SAMHSA 21 U.S.C. 823(g)(2) (OMB No. 0930– immediate, and (c) to notify of their Buprenorphine Physician Locator. 0234)—Revision intent to treat up to 100 patients. Under Respondents may submit the form The Drug Addiction Treatment Act of ‘‘new’’ notifications, practitioners may electronically, through a dedicated Web 2000 (‘‘DATA,’’ Pub. L. 106–310) make their initial waiver requests to page that SAMHSA will establish for the amended the Controlled Substances Act SAMHSA. ‘‘Immediate’’ notifications purpose, as well as via U.S. mail. (21 U.S.C. 823(g)(2)) to permit inform SAMHSA and the Attorney The following table summarizes the practitioners (physicians) to seek and General of a practitioner’s intent to estimated annual burden for the use of obtain waivers to prescribe certain prescribe immediately to facilitate the this form.
Responses Burden per Purpose of submission Number of per response Total burden respondents respondent (hr.) (hrs)
Initial Application for Waiver ...... 1,500 1 .083 125 Notification to Prescribe Immediately ...... 50 1 .083 4 Notice to Treat up to 100 patients ...... 500 1 .040 20
Total ...... 2,050 ...... 149
Written comments and Housing Branch, Office of Management through the U.S. Postal Service, recommendations concerning the and Budget, New Executive Office respondents are encouraged to submit proposed information collection should Building, Room 10235, Washington, DC comments by fax to: 202–395–6974. be sent by March 30, 2009 to: SAMHSA 20503; due to potential delays in OMB’s Desk Officer, Human Resources and receipt and processing of mail sent
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Dated: February 20, 2009. financial disclosure reports, first System: Secure Flight Program. Elaine Parry, required by Title I of the Ethics in Component: Transportation Security Director, Office of Program Services. Government Act of 1978. This PIA was Administration. [FR Doc. E9–4089 Filed 2–25–09; 8:45 am] conducted because FDMS collects Date of approval: October 21, 2008. The Secure Flight program matches BILLING CODE 4162–20–P personally identifiable information (PII). System: Keeping Schools Safe. identifying information of aviation Component: Science and Technology. passengers and certain non-travelers against the consolidated and integrated DEPARTMENT OF HOMELAND Date of approval: October 1, 2008. Keeping Schools Safe is a research terrorist watch list maintained by the SECURITY and development effort funded by the Federal Government in a consistent and accurate manner, while minimizing Office of the Secretary DHS Science & Technology Directorate (S&T) in support of the Alabama State false matches and protecting PII. TSA Published Privacy Impact Department of Homeland Security. The published a Final Rule outlining TSA’s Assessments on the Web purpose of this pilot is to test the implementation of the Secure Flight functionality and clarity of live program. In conjunction with this Final AGENCY: Privacy Office, DHS. streaming video technology for first Rule, TSA published this updated PIA. ACTION: Notice of publication of Privacy responders and law enforcement This updated PIA reflects the Secure Impact Assessments. applications in a school environment. A Flight program as described in the Final PIA was conducted because images of Rule. SUMMARY: The Privacy Office of the individuals (volunteer Alabama law System: Alien Change of Address Department of Homeland Security enforcement officials) will be captured Card. (DHS) is making available twenty-nine during the field test. This PIA will only Component: U.S. Citizenship and Privacy Impact Assessments on various cover the research activities being Immigration Service. programs and systems in the conducted on behalf of S&T during this Date of approval: October 21, 2008. Department. These assessments were operational field test. United States Citizenship and approved and published on the Privacy System: United States Homeport Immigration Service (USCIS) published Office’s Web site between October 1 and Update. this PIA for the Alien Change of December 31, 2008. Component: U.S. Coast Guard. Address Card (AR–11) System. The AR– DATES: The Privacy Impact Assessments Date of approval: October 17, 2008. 11 tracks the address changes submitted will be available on the DHS Web site This is an update to the previous to the Department of Homeland Security until April 27, 2009, after which they Homeport PIA, dated May 9, 2006, in (DHS) in paper and electronic form as may be obtained by contacting the DHS order to describe the new functionality required by Section 265 of the Privacy Office (contact information that allows merchant mariners to Immigration and Nationality Act (INA), below). determine the status of their credential 8 U.S.C. 1305. USCIS has conducted application using the Homeport Internet this PIA because AR–11 contains PII. FOR FURTHER INFORMATION CONTACT: John Portal. Homeport uses the identification System: First Phase of the Initial W. Kropf, Acting Chief Privacy Officer, information provided by the mariner to Operating Capability of Interoperability Department of Homeland Security, Mail match records from the Merchant Between the U.S. Department of Stop 0550, Washington, DC 20528, or Mariner Licensing and Documentation Homeland Security and the U.S. e-mail: [email protected]. system and provide mariners the current Department of Justice. SUPPLEMENTARY INFORMATION: Between status of their credential application. Component: US VISIT. October 1 and December 31, 2008, the Information provided by the mariner Date of approval: October 23, 2008. Chief Privacy Officer of the Department will be used solely for matching records The DHS United States Visitor and of Homeland Security (DHS) approved and will not be retained in Homeport at Immigrant Status Indicator Technology and published twenty-nine Privacy the completion of the online session. (US–VISIT) Program, in cooperation Impact Assessments (PIAs) on the DHS System: Data Analysis and Research with the Department of Justice Federal Privacy Office Web site, http:// for Trade Transparency System. Bureau of Investigation (FBI) Criminal www.dhs.gov/privacy, under the link for Component: Immigration and Justice Information Services (CJIS) ‘‘Privacy Impact Assessments.’’ These Customs Enforcement. Division, implemented the first phase of PIAs cover twenty-nine separate DHS Date of approval: October 20, 2008. initial operating capability (IOC) of programs. Below is a short summary of Immigration and Customs system interoperability those programs, indicating the DHS Enforcement (ICE) operates the Data (Interoperability) between US–VISIT’s component responsible for the system, Analysis and Research for Trade Automated Biometric Identification and the date on which the PIA was Transparency System (DARTTS), which System (IDENT) and CJIS’ Integrated approved. Additional information can supports ICE investigations of trade- Automated Fingerprint Identification be found on the Web site or by based money laundering, contraband System (IAFIS). This capability, which contacting the Privacy Office. smuggling, and trade fraud. DARTTS expands upon and improves the method System: Financial Disclosure analyzes trade and financial data to of exchange and sharing of certain Management. identify statistically anomalous biometric and biographic data between Component: Office of General transactions that may warrant IDENT and IAFIS, is intended to Counsel. investigation for money laundering or increase data sharing between DHS and Date of approval: October 1, 2008. other import-export crimes. These Federal, State, and local agencies for The Ethics Division of the Office of anomalies are then independently law enforcement activity relating to the General Counsel of DHS published this confirmed and further investigated by DHS mission. This PIA describes these PIA for the Financial Disclosure experienced ICE investigators. ICE uses and sharing of data under the first Management System (FDMS). FDMS is conducted this PIA because DARTTS phase of the Interoperability IOC, as a Web-based initiative developed to collects and uses PII associated with well as the associated privacy risks and provide a mechanism for individuals to money laundering, contraband measures taken by US–VISIT to mitigate complete, sign, review, and file smuggling, and trade fraud. those risks.
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System: Reality Mobile Kentucky: conducted this PIA because HSVAC will 2006 PIA remains in effect to the extent Operational Field Test. use and maintain PII to authenticate that it is consistent with this update. Component: Science and Technology. user identities of those individuals This update should be read together Date of approval: October 24, 2008. requesting access to the application. with the 2006 PIA. The Reality Mobile Kentucky project System: USCIS Person Centric Query System: Advance Passenger is a research and development effort by Service Supporting Visa Benefit Information System Final Rule. DHS S&T that seeks to test the Adjudicators, Visa Fraud Officers, and Component: Customs and Border operational effectiveness and efficiency Consular Officers of the Department of Protection. of streaming video for law enforcement State, Bureau of Consular Affairs. Date of approval: November 18, 2008. applications. Reality Mobile software is Component: U.S. Citizenship and CBP issued a Final Rule to amend a commercially available software- Immigration Services. regulations governing the submission of driven system that would allow first Date of approval: November 5, 2008. Advanced Passenger Information responders and law enforcement This is an update to the existing PIA System (APIS) data to include private officials to send and receive live video for the Department of State, Bureau of aircraft. CBP published a revised PIA and geospatial coordinates. S&T Consular Affairs, Visa Benefit and a revised associated System of conducted this PIA because the Adjudicators, Visa Fraud Officers, and Records Notice to include these final Kentucky State Police will capture Consular Officers (Adjudicators and changes with its existing APIS privacy images of individuals during the field Officers) use of the Person Centric notices. The previous System of Records test in accordance with their law Query Service (PCQS), operating Notice for the APIS system was last enforcement authorities, standard through the USCIS Enterprise Service published at 72 FR 48349, August 23, operating procedures, and applicable Bus to expand the PCQS person-search 2007. On September 18, 2007, CBP state and local laws. This PIA covers capability and describe the privacy published a Notice of Proposed only the research activities conducted impact of expanding the PCQS to Rulemaking in the Federal Register (72 by S&T during this operational field include the following additional FR 53393) proposing amendments to test. Should S&T acquire the technology systems to the PCQS query for the CBP regulations concerning the advance and transition it to a DHS Component, Bureau of Consular Affairs, electronic transmission of passenger and that DHS Component will be Adjudicators and Officers Client: (1) crew manifests for private aircraft responsible for completing the USCIS Marriage Fraud Amendment arriving in and departing from the subsequent privacy assessments of the System and (2) USCIS Reengineered United States, commonly referred to as Reality Mobile technology and its use. Naturalization Applications Casework APIS. A PIA update was published on System: Chemical Security System. the DHS Web site at the same time Assessment Tool Update. System: Air Cargo Security discussing the impact of the notice of Component: National Protection and Requirements. proposed rule. Programs. Component: Transportation Security System: Law Enforcement Intelligence Date of approval: October 27, 2008. Administration. Fusion Systems. This is an update to the previous Date of approval: November 12, 2008. Component: Immigration and Chemical Security Assessment Tool TSA made several changes to its air Customs Enforcement. (CSAT) PIA. CSAT collects PII from cargo program that involve the Date of approval: November 17, 2008. CSAT users and Chemical-Terrorism collection of PII and the addition of new The ICE Law Enforcement Intelligence Vulnerability Information Web site populations for which information will Fusion System (IFS) enables ICE and users. This update improves a CSAT be collected. First, for TSA conducted other DHS law enforcement and user’s ability to know who else in their security threat assessments (STAs) on homeland security personnel to analyze company also has access to CSAT. individuals participating in its air cargo volumes of information from multiple Further, the CSAT Helpdesk collects programs, TSA requires the submittal of data sources through a single Web-based contact information both from CSAT contact and employer information for all access point. All IFS activity is users requesting basic CSAT IT support participants so TSA can contact the predicated on ongoing and valid and from the general public inquiring individual in the adjudication process. homeland security operations, law about the CSAT program. Provision of Second, TSA allows non-citizens who enforcement activities, and intelligence basic CSAT user information to the do not have an Alien Registration production requirements. IFS was Helpdesk will allow quicker services Number to provide a Form I–94 Arrival/ formerly known as the ICE Network Law and support. Departure number. Third, TSA created a Enforcement Analysis Data System. ICE System: Homeland Security Virtual new Certified Cargo Screening Program has completed this PIA to provide Assistance Center. (CCSP), expanding the population of additional notice of the existence of IFS Component: Federal Emergency individuals who will need to provide and publicly document the privacy Management Agency. PII for TSA-conducted STAs. A new protections that are in place for IFS. Date of approval: November 3, 2008. automated collection STA Tool System: Vessel Requirements for The DHS Federal Emergency deployed to support the collection of PII Notices of Arrival and Departure and Management Agency (FEMA) National from the CCSP population. Fourth, TSA Automatic Identification System Notice Preparedness Directorate operates the updated the records retention schedule of Proposed Rulemaking. Homeland Security Virtual Assistance and redress processes applicable to all Component: U.S. Coast Guard. Center (HSVAC). HSVAC is an populations submitting PII for STAs Date of approval: November 19, 2008. advanced Web-based, technical under its air cargo programs. In The USCG published a proposed rule assistance management solution that accordance with Section 222 of the entitled ‘‘Vessel Requirements for supports FEMA in the scheduling, Homeland Security Act of 2002, TSA Notices of Arrival and Departure and coordination, and management of issued this update (PIA Update) to the Automatic Identification System.’’ The training provided to First Responders, Air Cargo Security Requirements PIA rule proposes to expand the including state and local government published on April 14, 2006, to applicability of notice of arrival (NOA) entities and organizations. FEMA incorporate these changes. The April 14, requirements to additional vessels,
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establish a separate requirement for System: National Flood Insurance Component: U.S. Citizenship and certain vessels to submit notices of Program (NFIP) Modernization/Business Immigration Services. departure (NOD), set forth a mandatory Process Improvement/Systems Date of approval: December 4, 2008. method for electronic submission of Engineering Management Support. USCIS developed the Customer NOA and NOD, and modify related Component: Federal Emergency Relationship Interface System (CRIS) to reporting content, timeframes, and Management Agency. provide USCIS customers with the procedures. This proposed rule would Date of approval: November 26, 2008. status of pending applications and also expand the applicability of The DHS FEMA National Flood petitions for benefits and processing Automatic Identification System (AIS) Insurance Program (NFIP) time information. This PIA is required requirements beyond Vessel Traffic Modernization, Business Process because the CRIS database contains PII Service areas to all U.S. navigable Improvement, and Systems Engineering such as Alien Registration Number (A- waters and require AIS carriage for Management Support project has Number), full name, date of birth, and additional commercial vessels. USCG transitioned into NFIP IT NextGen. The address. conducted this PIA because portions of NFIP IT NextGen service oriented and System: State, Local, and Regional the rule require an expansion of an integrated systems will support daily Fusion Center Initiative. existing collection of PII and because reporting by NFIP insurance companies Component: Department of Homeland the system, Ship Arrival Notification and improve services to stakeholders, Security. System, which maintains the NOA and especially policy holders. The purpose Date of approval: December 11, 2008. NOD information, will maintain the of this PIA is to describe the collection Pursuant to Section 511 of the collection of PII. of information in conducting NFIP Implementing Recommendations of the System: Verification Information processes and how NFIP information is 9/11 Commission Act of 2007 (the ‘‘9/ System Update. used by FEMA and the NFIP 11 Commission Act’’ or ‘‘the Act’’), Component: U.S. Citizenship and community. Public Law No. 110–53, the DHS Immigration Services. Privacy Office conducted a PIA on the System: Automated Targeting System Homeland Security State, Local, and Date of approval: November 20, 2008. Update. Regional Fusion Center Initiative (the The Verification Division of USCIS Component: Customs and Border Initiative). Under the Initiative, DHS operates the Verification Information Protection. will facilitate appropriate, bi-directional System (VIS). VIS is a composite Date of approval: December 2, 2008. information sharing between the information system that provides This is an update to the previous Department and State, Local, and immigration status verification for Automated Targeting System PIA, dated Regional Fusion Centers. In addition, government agencies and verification of August 3, 2007, in order to expand the the Department will assign trained employment authorization for scope of the data accessed for screening intelligence analysts to fusion centers, employers participating in the E-Verify and targeting purposes to include provided those centers meet a number program. USCIS conducted this PIA to: additional importer and carrier of criteria set forth in the text. The Act (1) Cover the expansion of VIS to collect requirements. In conjunction with this requires the Department to complete a and verify information from United update, CBP published an Interim Final concept of operations (CONOPS) for the States Passports and Passport Cards Rule that amends the CBP regulations Initiative, including a PIA. The from E-Verify users, (2) describe the contained in 19 CFR parts 4, 12, 18, 101, CONOPS also includes a Civil Liberties expansion of the scope of SAVE to 103, 113, 122, 123, 141, 143, 149, 178, Impact Assessment, conducted by the include verification of citizenship and and 192 addressing the advanced DHS Office for Civil Rights and Civil immigration status for any DHS lawful electronic submission of information by Liberties. purpose, not just for government benefit importers and vessel carriers. granting purposes as described in System: Future Attribute Screening System: Automated Commercial Technology Project. previous PIAs, and (3) describe the System/Automated Commercial expansion of the scope of E-Verify to Component: Science and Technology. Environment-Importer Security Filing Date of approval: December 15, 2008. indicate that it is no longer solely Data. voluntary in some cases and no longer DHS identified a need for new Component: Customs and Border technical capabilities that can rapidly solely for new employees in certain Protection. cases. identify suspicious behavior indicators Date of approval: December 2, 2008. to provide real-time decision support to System: Suspicious Activity Reports CBP expanded and revised the security and law enforcement Project. collection of data from carriers and personnel. The Future Attribute Component: Operations. importers to the Automated Commercial Screening Technology Mobile Module Date of approval: November 21, 2008. System (ACS) in an effort to prevent (FAST) project, sponsored by S&T The Office of Operations Coordination terrorist weapons from being Homeland Security Advanced Research and Planning (OPS), in cooperation with transported to the United States. Using Projects Agency and executed under the the S&T published this PIA to reflect a ACS, CBP collects cargo, carrier, oversight of DHS S&T’s Human Factors planned research project regarding importer, and other data to achieve Behavior Sciences Division, seeks to Suspicious Activity Reports (SARs). The improved high-risk cargo targeting as develop people screening technologies Operations Coordination and Planning required by Section 203 of the Security that will enable security officials to test Directorate will host a stand-alone and Accountability for Every Port Act of the effectiveness of current screening system designed to analyze Suspicious 2006 (Pub. L. 109–347, 120 Stat. 1884 methods at evaluating suspicious Activity Report data taken from several (SAFE Port Act)). This PIA was behaviors and judging the implications DHS components. OPS conducted this conducted to explore the use of PII of those behaviors. The ultimate goal of PIA because SARs occasionally contain contained in the Importer Security the FAST project is to equip security PII and because it is physically hosting Filing submitted by the importer to CBP. officials with the tools to assess the project in addition to contributing System: Customer Relationship potential threats rapidly. This first SARS data. Interface System. phase of the FAST project is limited to
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identifying various screening sensors detonate explosives in transportation • Transportation Security and conducting testing of various facilities. This PIA was conducted to Administration Inquiry Management sensors with volunteer participants. provide transparency into TSA System. System: Scheduling and Notification operations affecting the public. John W. Kropf, of Applicants for Processing. System: Disaster Assistance Acting Chief Privacy Officer, Department of Component: U.S. Citizenship and Homeland Security. Immigration Services. Improvement Plan. [FR Doc. E9–4151 Filed 2–25–09; 8:45 am] Date of approval: December 15, 2008. Component: Federal Emergency USCIS developed the Scheduling and Management Agency. BILLING CODE 4410–10–P Notification of Applicants for Date of approval: December 31, 2008. Processing (SNAP) system. SNAP DHS FEMA developed the Disaster DEPARTMENT OF HOMELAND automatically schedules appointments SECURITY for immigration benefits for applicants/ Assistance Improvement Program (Disaster Assistance Center) in petitioners to submit biometric Coast Guard information to USCIS. USCIS conducted accordance with the August 29, 2006, Executive Order 13411, ‘‘Improving this PIA because SNAP uses PII to [Docket No. USCG–2009–0099] perform its scheduling functions. Assistance for Disaster Victims.’’ The System: Customer Proprietary Disaster Assistance Center is an Public Meeting and Comment Request Network Information. enhancement and upgrade of the current on MARPOL Reception Facilities Component: United States Secret system known as the National Service. Emergency Management Information AGENCY: Coast Guard, DHS. Date of approval: December 17, 2008. System, which contains, stores, and ACTION: Notice of public meeting and The U.S. Secret Service (USSS) and manages information contained in the request for comments. the FBI co-sponsor and manage the Disaster Recovery Assistance Files Customer Proprietary Network System of Records (DHS/FEMA—REG SUMMARY: The U.S. Coast Guard is Information (CPNI) Reporting Web site. 2), as announced in the Disaster seeking comments and recommendations from the public for The Web site is a tool for Recovery Assistance Files System of optimizing domestic International telecommunications carriers to report a Record Notice (71 FR 38408, July 6, Convention for the Prevention of breach of its customer proprietary 2006) (DRA SORN). The data elements network information to law Pollution from Ships (MARPOL) port include those that are contained and reception facilities and will conduct a enforcement. The USSS and the FBI captured on the FEMA form 90–69. The conducted this PIA because the CPNI public meeting on the subject on objective of this PIA is to identify and Thursday, March 12, 2009, at U.S. Coast Reporting Web site contains PII. address the safeguarding of PII that may System: Changes to Requirements Guard Headquarters, 2100 Second result from FEMA’s proposed Street, SW., Washington, DC 20593. The Affecting H–2A Nonimmigrants and implementation of Executive Order Changes to Requirements Affecting H– purpose of the meeting is to assist and 13411 and its modification of the complement efforts by the Coast Guard’s 2B Nonimmigrants and Employers Final Individual Assistance Center Rules. Chemical Transportation Advisory application. Component: U.S. Citizenship and Committee (CTAC) on implementing Immigration Services. MARPOL regulations with respect to System: Department of Homeland providing adequate port/terminal Date of approval: December 18, 2008. Security General Contact List. USCIS published this PIA in MARPOL reception facilities. conjunction with two Final Rules titled Component: DHS Wide. DATES: The public meeting will take Changes to Requirements Affecting H– Date of approval: December 19, 2008. place on Thursday, March 12, 2009, 2A Nonimmigrants and Changes to Many DHS operations and projects from 8:30 a.m. to 11:30 a.m., Room 2415, U.S. Coast Guard Headquarters, Requirements Affecting H–2B collect a minimal amount of contact 2100 Second Street, SW., Washington, Nonimmigrants and Employers. The information in order to distribute DC 20593, to provide an opportunity for Final Rules announce employers’ information and perform various other requirements to notify USCIS when an oral comments. Please note that the administrative tasks. Department H–2A or H–2B worker absconds, fails to meeting may close early if all business Headquarters conducted this PIA report for work, or is terminated early is finished. Interested persons wishing and/or when any prohibited fees are because contact lists contain PII. The to attend the meeting should notify the collected from aliens as a condition of Department added the following Coast Guard (see FOR FURTHER H–2A or H–2B employment. USCIS systems to this PIA: INFORMATION CONTACT) at least 24 hours conducted this PIA because the • U.S. Coast Guard Citizen’s Action in advance of the meeting (by 8:30 a.m., nonimmigrant visa programs associated Network. March 11, 2009) and include contact with these Final Rules involve the • Transportation Security information and affiliation of attendee(s). Interested persons wishing collection of PII. Administration Rail Security. System: Stand-Off Detection. to submit written comments for the • Transportation Security Component: Transportation Security record should notify the Coast Guard Administration. Administration Enterprise Performance (see FOR FURTHER INFORMATION CONTACT) Date of approval: December 23, 2008. Management Platform. and send such written comments by TSA deploys advanced explosives • National Protection and Programs close of business (COB), March 9, 2009 detection technology using passive Directorate Vehicle-Bourne Explosive (see ADDRESSES). millimeter wave screening technologies Device Training. ADDRESSES: You may submit comments as part of the agency’s efforts to ensure • U.S. Coast Guard 2009 World identified by docket number USCG– the safety of travelers. The objective is Maritime Day Parallel Event. 2009–0099 using any one of the to identify individuals who may seek to following methods:
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(1) Federal eRulemaking Portal: delivery, submit them in an unbound • A presentation on U.S. Port http://www.regulations.gov. format, no larger than 81⁄2 by 11 inches, Reception Facilities and the regulatory (2) Fax: 202–493–2251. suitable for copying and electronic framework for the Coast Guard’s (3) Mail: Docket Management Facility filing. If you submit them by mail and Certificate of Adequacy (COA) Program (M–30), U.S. Department of would like to know that they reached for implementing MARPOL regulations Transportation, West Building Ground the Facility, please enclose a stamped, for reception facilities; Floor, Room W12–140, 1200 New Jersey self-addressed postcard or envelope. We • Questions and answer period on the Avenue, SE., Washington, DC 20590– will consider all comments and material COA presentation. 0001. received during the comment period. • Presentation of public comments (4) Hand delivery: Same as mail Viewing the comments: To view the received by the Coast Guard for the address above, between 9 a.m. and 5 comments, go to http:// record. Note: Interested Parties, having p.m., Monday through Friday, except www.regulations.gov, select the previously submitted written comments Federal holidays. The telephone number Advanced Docket Search option on the for the record, may wish to give an oral is 202–366–9329. right side of the screen, insert USCG– presentation summarizing their To avoid duplication, please use only 2009–0099 in the Docket ID box, press comments; and one of these four methods. See the Enter, and then click on the item in the • Oral comments from the public. ‘‘Public Participation and Request for Docket ID column. If you do not have The Coast Guard is seeking comments Comments’’ portion of the access to the Internet, you may view the from the general public on MARPOL SUPPLEMENTARY INFORMATION section docket online by visiting the Docket reception facilities in the U.S. The Coast below for instructions on submitting Management Facility in Room W12–140 Guard is specifically interested in comments. on the ground floor of the Department identifying all issues that impact FOR FURTHER INFORMATION CONTACT: If of Transportation West Building, 1200 implementation of MARPOL you have questions on this notice, call New Jersey Avenue, SE., Washington, requirements for port reception facilities or e-mail David Condino, MARPOL DC 20590, between 9 a.m. and 5 p.m., in the U.S. and in obtaining COA Project Manager, telephone 202– Monday through Friday, except Federal recommendations to address those 372–1145, e-mail: holidays. We have an agreement with issues. Issues include— • [email protected]; or the Department of Transportation to use Conflicts with other regulations; • Commander Michael Roldan, telephone the Docket Management Facility. Disposal cost issues at ports/ terminals; 202–372–1130, e-mail: Privacy Act: Anyone can search the • [email protected]. If you have electronic form of comments received Requirement for lab analysis of wastes; questions on viewing or submitting into any of our dockets by the name of • material to the docket, call Renee V. the individual submitting the comment Segregation of Annex V wastes; • Impacts of MARPOL waste Wright, Program Manager, Docket (or signing the comment, if submitted collection requirements on local/ Operations, telephone 202–366–9826. on behalf of an association, business, regional waste disposal capacity and labor union, etc.). You may review a SUPPLEMENTARY INFORMATION: infrastructure; Privacy Act, system of records notice • Emerging opportunities for business Public Participation and Request for regarding our public dockets in the development for reception facilities at Comments January 17, 2008, issue of the Federal ports/terminals; and Register (73 FR 3316). We encourage you to submit • Additional burden, if any, of comments and related material. All Information on Service for Individuals adopting standardized Advance Notice comments received will be posted, With Disabilities Forms (ANF) and/or Waste Delivery without change, to http:// Receipt (WDR) forms adopted by the For information on facilities or www.regulations.gov and will include International Maritime Organization. services for individuals with disabilities any personal information you have Oral comments made at the meeting or to request special assistance at the provided. will be summarized. The summarized public meeting, contact David Condino Submitting comments: If you submit a oral comments, along with any prepared at the telephone number or e-mail comment, please include the docket comments delivered at the meeting, will address indicated under the FOR number for this notice (USCG–2009– be added to the docket number for this FURTHER INFORMATION CONTACT section of 0099) and provide a reason for each notice (USCG–2009–0099). Summarized this notice. suggestion or recommendation. You comments made at the meeting, written may submit your comments and Background and Purpose comments received prior to the meeting, material online, or by fax, mail or hand prepared comments delivered at the The public is invited to learn about delivery, but please use only one of meeting, and other relevant documents how wastes from ships are handled at these means. We recommend that you presented, will be provided to the CTAC our ports and terminals and to comment include your name and a mailing subcommittee on MARPOL at the CTAC on how to improve the Coast Guard’s address, an e-mail address, or a meeting to be held later this year (see efforts to implement MARPOL telephone number in the body of your Federal Register notice, 73 FR 79496, requirements to provide adequate document so that we can contact you if Dec. 29, 2008, seeking public comments reception facilities. The public, we have questions regarding your for optimizing MARPOL port reception commercial interests, local, State, and submission. facilities). Notice of the CTAC public Federal Agencies, Non-Governmental To submit your comment online, go to meeting will be given at a later date. http://www.regulations.gov, select the Organizations (NGOs), public interest Advanced Docket Search option on the groups, trade organizations, and all Dated: February 23, 2009. right side of the screen, insert ‘‘USCG– other interested parties are invited to H. Hime, 2009–0099’’ in the Docket ID box, press attend the meeting. The proposed Acting Director of Commercial Regulations Enter, and then click on the balloon agenda for the meeting will include— and Standards. shape in the Actions column. If you • Introduction and welcome by U.S. [FR Doc. E9–4146 Filed 2–25–09; 8:45 am] submit your comments by mail or hand Coast Guard; BILLING CODE 4910–15–P
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DEPARTMENT OF THE INTERIOR technical experts from diverse from among those disciplines and professions and interests, including the entities described above. Members will Bureau of Land Management oil and gas industry, subsistence users, be appointed for three-year terms. At the [LLAK910000 L13100000.DB0000 Alaska Native entities, conservation discretion of the Secretary of the LXSINSSI0000] organizations, and academia, as Interior, Science Technical Advisory determined by the Secretary of the Panel members may be reappointed Second Call for Nominations: North Interior. The members will be selected indefinitely. Slope Science Initiative, Science from among, but not limited to, the How To Nominate Technical Advisory Panel, Alaska following disciplines: North Slope traditional and local knowledge, Any individual or organization may AGENCY: Bureau of Land Management, landscape ecology, petroleum nominate one or more people to serve Interior. engineering, civil engineering, geology, on the Science Technical Advisory ACTION: Second call for nominations. botany, hydrology, limnology, habitat Panel or individuals may nominate biology, wildlife biology, biometrics, themselves to the Science Technical SUMMARY: This notice announces a sociology, cultural anthropology, Advisory Panel. You may obtain second call for nominations to serve on economics, ornithology, oceanography, nomination forms from the Executive the North Slope Science Initiative, fisheries biology, and climatology. Director, North Slope Science Initiative Science Technical Advisory Panel in The duties of the Science Technical (see address above), or from http:// accordance with the provisions of the Advisory Panel are solely advisory to www.northslope.org. To make a Federal Advisory Committee Act the Oversight Group, which will give nomination, or self nominate, you must (FACA) of 1972, 5 U.S.C. Appendix. direction to the Science Panel regarding submit a completed nomination form Nominees who answered the first call priorities for scientific information with a letter of reference that describes for nominations published in Federal needed for Department of the Interior the nominee’s qualifications to serve on Register, Vol. 73, No. 230, Nov. 28, management decisions. Duties could the Science Technical Advisory Panel. 2008; do not need to reapply under this include the following: The professional discipline the nominee Notice. a. Advise the Oversight Group on would like to represent should be DATES: Submit a completed nomination science planning and relevant research identified in the letter of nomination form and nomination letter to the and monitoring projects; and in the nomination form. Nominees address listed below no later than b. Advise the Oversight Group on may be scientists and technical experts March 30, 2009. scientific information relevant to the from diverse professions and interests, FOR FURTHER INFORMATION CONTACT: John Oversight Group’s mission; including the oil and gas industry, F. Payne, Executive Director; North c. Review selected reports to advise subsistence users, Alaska Native Slope Science Initiative; c/o Bureau of the Oversight Group on their content entities, conservation organizations, and Land Management, Alaska State Office and relevance; academia. Nominees selected to serve AK–910; 222 West 7th Avenue, #13; d. Review ongoing scientific programs on the Science Technical Advisory Anchorage, Alaska 99513; phone (907) of North Slope Science Initiative (NSSI) Panel will serve only in their 271–3431, or [email protected]. member organizations at the request of professional capacity and will not the member organizations to promote SUPPLEMENTARY INFORMATION: represent any group, agency or entity The compatibility in methodologies and purpose of the Science Technical with whom they may be affiliated. compilation of data; The Executive Director shall collect Advisory Panel is to advise the North e. Advise the Oversight Group on how the nomination forms and letters of Slope Science Oversight Group on to ensure that scientific products reference and distribute them to the issues such as identifying and generated through NSSI activities are of Oversight Group of the North Slope prioritizing inventory, monitoring and the highest technical quality; Science Initiative. The Oversight Group research needs, and providing other f. Periodically review the North Slope will submit its recommendations scientific information as requested by Science Plan and provide through the Bureau of Land the Oversight Group. The Oversight recommendations for changes to the Management to the Secretary of the Group consists of the Alaska Regional Oversight Group; Interior, who has the responsibility for Directors of the U.S. Fish and Wildlife g. Provide recommendations to the making the appointments. Members of Service, National Park Service, Minerals Oversight Group for proposed NSSI- the Science Technical Advisory Panel Management Service, and National funded inventory, monitoring and will serve without monetary Marine Fisheries Service; the BLM- research activities; compensation. Members will be Alaska State Director; the h. Provide other scientific advice as reimbursed for travel and per diem Commissioners of the Alaska requested by the Oversight Group; and expenses as appropriate, at the current Departments of Fish and Game and i. Coordinate with groups and rate for Government employees. Natural Resources; the Mayor of the committees appointed or requested by North Slope Borough; and the president the Oversight Group to provide science Certification of the Arctic Slope Regional advice, as needed. I hereby certify that the establishment Corporation. Advisory to the Oversight The Executive Director of the North of the Science Technical Advisory Panel Group are the Regional Executive, U.S. Slope Science Initiative shall serve as for the North Slope Science Initiative is Geological Survey; Alaska Director, U.S. the Designated Federal Officer of the necessary and in the public interest, and Arctic Research Commission; and the Science Technical Advisory Panel. in compliance with Section 348, Energy Regional Directors of the National Qualifications and Procedures Policy Act of 2005 (Pub. L. 109–58). Weather Service and the U.S. Required for Nomination: Members will Department of Energy, National Energy be professionals with advanced degrees Dated: February 18, 2009. Technology Laboratory. and a minimum of five years of work Thomas P. Lonnie, The Science Technical Advisory experience in Alaska in their field of State Director. Panel shall consist of a representative expertise, preferably in the North Slope [FR Doc. E9–4140 Filed 2–25–09; 8:45 am] group of not more than 15 scientists and region. Professionals will be selected BILLING CODE 1310–JA–P
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INTERNATIONAL BOUNDARY AND approximately 15 miles, from identified to be addressed in the EIS WATER COMMISSION, UNITED Haciendita, upstream of the Rio include but are not limited to impacts STATES AND MEXICO Conchos confluence, and ending to water resources, water quality, downstream of Presidio near Alamito cultural and biological resources, and United States Section; Notice of Intent Creek. In September and October 2008, threatened and endangered species. To Prepare an Environmental Impact the Presidio FCP levees sustained major Close coordination will be maintained Statement, Increased Flood Protection flood damage from overtopping, with the United States Fish and Wildlife and Partial Realignment of the Presidio seepage, and erosion. The USIBWC Service and the Texas State Historic Flood Control Project Along Rio intends to prepare an EIS to assess Preservation Officer to ensure Grande on the Texas-Mexico Border impacts associated with rehabilitating compliance with applicable biological the levee system; increasing flood AGENCY: United States Section, and cultural resources regulations. International Boundary and Water control capability; and partial levee Other federal and state agencies will Commission, United States and Mexico. system realignment. also be consulted, as required, to ensure compliance with all applicable federal ACTION: Notice of Intent to prepare an Alternatives and state laws and regulations. Environmental Impact Statement (EIS). The current Presidio FCP levee system would be rehabilitated for its Dated: February 20, 2009. SUMMARY: This notice advises the public Robert McCarthy, that pursuant to section 102(2)(c) of the current level of protection against a 25- General Counsel. National Environmental Policy Act year frequency flood, or raised to meet (NEPA) of 1969, as amended, the United a 100-year flood containment design [FR Doc. E9–4092 Filed 2–25–09; 8:45 am] States Section, International Boundary capacity. Levee height increases would BILLING CODE 7010–01–P and Water Commission (USIBWC) expand the current levee footprint and intends to prepare an Environmental require additional right-of-way Impact Statement (EIS) for the proposed acquisition. In-place rehabilitation is action to increase flood protection anticipated along approximately 9 miles DEPARTMENT OF JUSTICE in the upper reach of the Presidio FCP. capability and partial levee realignment Antitrust Division of the Presidio Flood Control Project Current alignment of the levee system in (FCP) along the Texas-Mexico Border. the upper reach would be retained for levee rehabilitation for raising levee Notice Pursuant to the National This notice is being provided as Cooperative Research and Production required by the Council on height to reach the 100-year flood containment design capacity. Act of 1993—Alliance for Flexible Environmental Quality Regulations (40 Polyurethane Foam, Inc. CFR 1501.7) and the USIBWC’s Approximately 6 miles of this segment overlap with an area where the U.S. Operating Procedures for Implementing Notice is hereby given that, on Section 102 of the National Department of Homeland Security (DHS) intends to construct border January 5, 2009, pursuant to Section 6(a) Environmental Policy Act (NEPA), to of the National Cooperative Research obtain suggestions and information from fencing. One option under consideration by DHS is to incorporate a border wall and Production Act of 1993, 15 U.S.C. other agencies and the public on the 4301 et seq. (‘‘the Act’’), Alliance for scope of issues to be addressed in the into the USIBWC levee. Along the 6 mile segment in the lower reach of the Flexible Polyurethane Foam, Inc. EIS. A public meeting will be held in (‘‘AFPF’’) has filed written notifications the city of Presidio, Texas. Presidio FCP, where flood damage was more extensive, a number of levee simultaneously with the Attorney DATES: The USIBWC will conduct a realignment options are under General and the Federal Trade public meeting at the following location consideration. To reach the 100-year Commission disclosing (1) the name and and date: City of Presidio, Presidio flood containment design capacity, the principal place of business of the Activities Center, 1200 East O’Reilly primary realignment under standards development organization Street, Presidio, Texas 79845 on March consideration is partial levee relocation, and (2) the nature and scope of its 10, 2009, at 5 p.m. CST. Full public approximately 500 feet inland from its standards development activities. The participation by interested federal, state, current alignment. Other options under notifications were filed for the purpose and local agencies, as well as other consideration are the construction of a of invoking the Act’s provisions limiting interested organizations and the general new spur levee beginning the recovery of antitrust plaintiffs to public, is encouraged during the approximately 1.5 miles downstream of actual damages under specified scoping process. The USIBWC the Railroad Bridge. The proposed spur circumstances. anticipates release of the Draft EIS for levee would follow a northeastward Pursuant to Section 6(b) of the Act, agency and public review in September alignment and intersect Highway 170. the name and principal place of 2009. The NEPA analysis and business of the standards development FOR FURTHER INFORMATION CONTACT: Mr. documentation will identify and organization is: Alliance for Flexible Daniel Borunda, Environmental evaluate all relevant impacts, Polyurethane Foam, Inc. (‘‘AFPF’’), Protection Specialist, Environmental conditions, and issues associated with Loudon, TN. The nature and scope of Management Division, USIBWC, 4171 the proposed alternative actions. In AFPF’s standards development North Mesa Street, C–100, El Paso, considering a range of alternatives, activities are: To develop standards Texas 79932 or e-mail: including the no action alternative, the related to flexible polyurethane foam, [email protected]. EIS will explain proposed flood and to certify flexible polyurethane SUPPLEMENTARY INFORMATION: protection improvements; identify, foam meeting those standards. describe, and evaluate the existing Proposed Action environmental, cultural, sociological Patricia A. Brink, The USIBWC operates and maintains and economical resources; and evaluate Deputy Director of Operations, Antitrust the Presidio Flood Control Project (FCP) the impacts associated with the Division. located along the Rio Grande within the alternatives under consideration. [FR Doc. E9–4020 Filed 2–25–09; 8:45 am] city of Presidio, Texas. The FCP extends Significant issues which have been BILLING CODE 4410–11–M
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DEPARTMENT OF JUSTICE 15 U.S.C. 4301 et seq. (‘‘the Act’’), the under specified circumstances. Electric Utility Industry Sustainable Specifically, SmithKline Beecham Antitrust Division Supply Chain Alliance, Inc. (‘‘the Corporation, operating as Glaxo Alliance’’) has filed written notifications SmithKline, Philadelphia, PA; and Notice Pursuant to the National simultaneously with the Attorney Pfizer Global Research and Cooperative Research and Production General and the Federal Trade Development, Groton, CT have Act of 1993—American International Commission disclosing (1) the name and withdrawn as parties to this venture. Recruitment Council principal place of business of the No other changes have been made in Notice is hereby given that, on standards development organization either the membership or planned January 27, 2009, pursuant to Section and (2) the nature and scope of its activity of the group research project. 6(a) of the National Cooperative standards development activities. The Membership in this group research Research and Production Act of 1993, notifications were filed for the purpose project remains open, and IMCA intends 15 U.S.C. 4301 et seq. (‘‘the Act’’) of invoking the Act’s provisions limiting to file additional written notifications American International Recruitment the recovery of antitrust plaintiffs to disclosing all changes in membership. Council (‘‘AIRC’’) has filed written actual damages under specified On October 23, 1990, IMCA filed its notifications simultaneously with the circumstances. original notification pursuant to Section Attorney General and the Federal Trade Pursuant to Section 6(b) of the Act, 6(a) of the Act. The Department of Commission disclosing (1) the name and the name and principal place of Justice published a notice in the Federal principal place of business of the business of the standards development Register pursuant to Section 6(b) of the organization is: Electric Utility Industry standards development organization Act on December 3, 1990 (55 FR 49952). Sustainable Supply Chain Alliance, Inc., and (2) the nature and scope of its The last notification was filed with standards development activities. The Raleigh, NC. The nature and scope of the Alliance’s standards development the Department on August 21, 2007. A notifications were filed for the purpose notice was published in the Federal of invoking the Act’s provisions limiting activities are to improve the environmental performance of Register pursuant to Section 6(b) of the the recovery of antitrust plaintiffs to Act on November 7, 2007 (72 FR 62865). actual damages under specified participants in the supply chains circumstances. utilized by electric utilities, focusing on Patricia A. Brink, Pursuant to Section 6(b) of the Act, the development of voluntary consensus Deputy Director of Operations, Antitrust the name and principal place of standards for evaluating the following: Division. business of the standards development the environmental attributes of key [FR Doc. E9–4018 Filed 2–25–09; 8:45 am] organization is: American International materials and services provided to the BILLING CODE 4410–11–M Recruitment Council, Cincinnati, OH. electric utility industry; the The nEtture and scope of AIRC’s environmental performance of suppliers standards development activities are: (i) to the electric utility industry; and the DEPARTMENT OF JUSTICE Develop standards of ethical practice environmental performance of an pertaining to recruitment of electric utility industry company’s Antitrust Division international students to American supply chain operations. Notice Pursuant to the National educational institutions, such standards Patricia A. Brink, to address two constituencies: Cooperative Research and Production Deputy Director of Operations, Antitrust Act of 1993—Interchangeable Virtual Educational Institutions and Student Division. Recruitment Agents; (ii) develop best Instruments Foundation, Inc. [FR Doc. E9–4028 Filed 2–25–09; 8:45 am] practices and training to assist overseas BILLING CODE 4410–11–M Notice is hereby given that, on student recruitment agents and January 21, 2009, pursuant to Section institutions themselves to better serve 6(a) of the National Cooperative students seeking admission to American DEPARTMENT OF JUSTICE Research and Production Act of 1993, educational institutions, and (iii) 15 U.S.C. 4301 et seq. (‘‘the Act’’) establish a framework through which Antitrust Division Interchangeable Virtual Instruments participating agents can have their Foundation, Inc. has filed written Notice Pursuant to the National practices certified. notifications simultaneously with the Cooperative Research and Production Patricia A. Brink, Attorney General and the Federal Trade Act of 1993—Industrial Commission disclosing changes in its Deputy Director of Operations, Antitrust Macromolecular Crystallography Division. membership. The notifications were Association [FR Doc. E9–4025 Filed 2–25–09; 8:45 am] filed for the purpose of extending the BILLING CODE 4410–11–M Notice is hereby given that, on Act’s provisions limiting the recovery of January 16, 2009, pursuant to Section antitrust plaintiffs to actual damages 6(a) of the National Cooperative under specified circumstances. DEPARTMENT OF JUSTICE Research and Production Act of 1993, Specifically, GCSD Division of Harris 15 U.S.C. 4301 et seq. (‘‘the Act’’) Corporation, Melbourne, FL; and Antitrust Division Industrial Macromolecular California Instruments, San Diego, CA have withdrawn as parties to this Notice Pursuant to the National Crystallography Association (‘‘IMCA’’) venture. Cooperative Research and Production has filed written notifications Act of 1993—Electric Utility Industry simultaneously with the Attorney No other changes have been made in Sustainable Supply Chain Alliance, Inc. General and the Federal Trade either the membership or planned Commission disclosing changes in its activity of the group research project. Notice is hereby given that, on membership. The notifications were Membership in this group research February 2, 2009, pursuant to Section filed for the purpose of extending the project remains open, and 6(a) of the National Cooperative Act’s provisions limiting the recovery of Interchangeable Virtual Instruments Research and Production Act of 1993, antitrust plaintiffs to actual damages Foundation, Inc. intends to file
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additional written notifications Register pursuant to Section 6(b) of the Act on December 12, 2008 (73 FR disclosing all changes in membership. Act on October 21, 2008 (73 FR 62542). 75772). On May 29, 2001, Interchangeable Patricia A. Brink, Patricia A. Brink, Virtual Instruments Foundation, Inc. Deputy Director of Operations, Antitrust Deputy Director of Operations, Antitrust filed its original notification pursuant to Division. Division. Section 6(a) of the Act. The Department [FR Doc. E9–4023 Filed 2–25–09; 8:45 am] [FR Doc. E9–4027 Filed 2–25–09; 8:45 am] of Justice published a notice in the BILLING CODE 4410–11–M BILLING CODE 4410–11–M Federal Register pursuant to Section 6(b) of the Act on July 30, 2001 (66 FR 39336). DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE The last notification was filed with Antitrust Division Antitrust Division the Department on November 3, 2008. A notice was published in the Federal Notice Pursuant to the National Notice Pursuant to the National Register pursuant to Section 6(b) of the Cooperative Research and Production Cooperative Research and Production Act on December 12, 2008 (73 FR Act of 1993—PXI Systems Alliance, Act of 1993—Semiconductor Test 75771). Inc. Consortium, Inc. Patricia A. Brink, Notice is hereby given that, on Notice is hereby given that, on Deputy Director of Operations, Antitrust January 21, 2009, pursuant to Section January 21, 2009, pursuant to Section Division. 6(a) of the National Cooperative 6(a) of the National Cooperative [FR Doc. E9–4030 Filed 2–25–09; 8:45 am] Research and Production Act of 1993, Research and Production Act of 1993, BILLING CODE 4410–11–M 15 U.S.C. 4301 et seq. (‘‘the Act’’), PXI 15 U.S.C. 4301 et seq. (‘‘the Act’’), Systems Alliance, Inc. has filed written Semiconductor Test Consortium, Inc. notifications simultaneously with the has filed written notifications DEPARTMENT OF JUSTICE Attorney General and the Federal Trade simultaneously with the Attorney Commission disclosing changes in its General and the Federal Trade Antitrust Division membership. The notifications were Commission disclosing changes in its membership. The notifications were Notice Pursuant to the National filed for the purpose of extending the Act’s provisions limiting the recovery of filed for the purpose of extending the Cooperative Research and Production Act’s provisions limiting the recovery of Act of 1993—LiMo Foundation antitrust plaintiffs to actual damages under specified circumstances. antitrust plaintiffs to actual damages under specified circumstances. Notice is hereby given that, on Specifically, Tabor Electronics Ltd.acher, Tel Hanan, Israel; Corelis, Specifically, ERS Electronic GmbH, January 5, 2009, pursuant to Section 6(a) Munich, Germany; and esmo AG, of the National Cooperative Research Inc., Cerritos, CA; C&H Technologies, Round Rock, TX; Elma Electronic Inc., Rosenheim, Germany have withdrawn and Production Act of 1993, 15 U.S.C. Fremont, CA; and SP Devices AB, as parties to this venture. Also, the 4301 et seq. (‘‘the Act’’), LiMo Linkoping, Sweden have been added as following member has changed its Foundation (‘‘LiMo’’) filed written parties to this venture. Also, Viewpoint name: Tensolite to Carlisle Interconnect notifications simultaneously with the Systems Inc. Rochester, NY has Technologies, St. Augustine, FL. Attorney General and the Federal Trade withdrawn as a party to this venture. No other changes have been made in Commission disclosing changes in its The following members have changed either the membership or planned membership. The notifications were their names: TZ Mikroelektronik to activity of the group research project. filed for the purpose of extending the Eberspacher Electronics GmbH & Co., Membership in this group research Act’s provisions limiting the recovery of KG, Goppingen, Germany; and project remains open, and antitrust plaintiffs to actual damages Spectrum GmbH to Spectrum Semiconductor Test Consortium, Inc. under specified circumstances. Systemtwicklung Microelectronic intends to file additional written Specifically, Marvell International, Ltd., GmbH, Grosshansdorf, Germany. notifications disclosing all changes in Hamilton, Bermuda, and Telefonica No other changes have been made in membership. S.A., Madrid, Spain, have been added as On May 27, 2003, Semiconductor Test parties to this venture. either the membership or planned activity of the group research project. Consortium, Inc. filed its original No other changes have been made in Membership in this group research notification pursuant to Section 6(a) of either the membership or planned project remains open, and PXI Systems the Act. The Department of Justice activity of this group research project. Alliance, Inc. intends to file additional published a notice in the Federal Membership in this group research written notifications disclosing all Register pursuant to Section 6(b) of the project remains open, and LiMo intends changes in membership. Act on June 17, 2003 (68 FR 35913). to file additional written notifications On November 22, 2000, PXI Systems The last notification was filed with disclosing all changes in membership. Alliance, Inc. filed its original the Department on November 3, 2008. A On March 1, 2007, LiMo filed its notification pursuant to Section 6(a) of notice was published in the Federal original notification pursuant to Section the Act. The Department of Justice Register pursuant to Section 6(b) of the 6(a) of the Act. The Department of published a notice in the Federal Act on December 12, 2008 (73 FR Justice published a notice in the Federal Register pursuant to Section 6(b) of the 75772). Register pursuant to Section 6(b) of the Act on March 8, 2001 (66 FR 13971). Patricia A. Brink, Act on April 9, 2007 (72 FR 17583). The last notification was filed with Deputy Director of Operations, Antitrust The last notification was filed with the Department on November 3, 2008. A Division. the Department on September 22, 2008. notice was published in the Federal [FR Doc. E9–4031 Filed 2–25–09; 8:45 am] A notice was published in the Federal Register pursuant to Section 6(b) of the BILLING CODE 4410–11–M
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DEPARTMENT OF JUSTICE disclosing all changes in membership or These respondents were ages 12–17 planned activities. when the first round of annual Antitrust Division interviews began in 1997; the thirteenth Patricia A. Brink, round of annual interviews will be Notice Pursuant to the National Deputy Director of Operations, Antitrust conducted from September 2009 to May Cooperative Research and Production Division. 2010. The Bureau of Labor Statistics Act of 1993—Cooperative Research [FR Doc. E9–4026 Filed 2–25–09; 8:45 am] (BLS) contracts with the National Group on Diesel Aftertreatment BILLING CODE 4410–11–M Opinion Research Center (NORC) at the Accelerated Aging Cycles—Heavy- University of Chicago to conduct the Duty NLSY97. The primary objective of the DEPARTMENT OF LABOR survey is to study the transition from Notice is hereby given that, on schooling to the establishment of careers Bureau of Labor Statistics February 2, 2009, pursuant to Section and families. The longitudinal focus of this survey requires information to be 6(a) of the National Cooperative Proposed Collection, Comment collected from the same individuals Research and Production Act of 1993, Request 15 U.S.C. 4301 et seq. (‘‘the Act’’), over many years in order to trace their Southwest Research Institute ACTION: Notice. education, training, work experience, Cooperative Research Group on Diesel fertility, income, and program AGENCY: Bureau of Labor Statistics, Aftertreatment Accelerated Aging participation. Department of Labor. One of the goals of the Department of Cycles—Heavy-Duty (‘‘DAAAC–HD’’) SUMMARY: The Department of Labor, as Labor (DOL) is to produce and has filed written notifications part of its continuing effort to reduce disseminate timely, accurate, and simultaneously with the Attorney paperwork and respondent burden, relevant information about the U.S. General and the Federal Trade conducts a pre-clearance consultation labor force. The BLS contributes to this Commission disclosing (1) the identities program to provide the general public goal by gathering information about the of the parties to the venture and (2) the and Federal agencies with an labor force and labor market and nature and objectives of the venture. opportunity to comment on proposed disseminating it to policymakers and The notifications were filed for the and/or continuing collections of the public so that participants in those purpose of invoking the Act’s provisions information in accordance with the markets can make more informed, and limiting the recovery of antitrust Paperwork Reduction Act of 1995 thus more efficient, choices. Research plaintiffs to actual damages under (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This based on the NLSY97 contributes to the specified circumstances. program helps to ensure that requested formation of national policy in the areas of education, training, employment Pursuant to Section 6(b) of the Act, data can be provided in the desired programs, and school-to-work the identities of the parties to the format, reporting burden (time and transitions. In addition to the reports venture are: Doosan Infracore, Incheon, financial resources) is minimized, collection instruments are clearly that the BLS produces based on data Republic of Korea; Isuzu Motors from the NLSY97, members of the Limited, Kanagawa-ken, Japan; Lubrizol understood, and the impact of collection requirements on respondents can be academic community publish articles Corporation, Wickliffe, OH; MTtJ, and reports based on NLSY97 data for Friedrichshafen, Germany; Navistar Inc., properly assessed. The Bureau of Labor Statistics (BLS) is soliciting comments the DOL and other funding agencies. To Melrose Park, IL; Scania, Sodertalje, concerning the proposed revision of the date, more than 90 articles examining Sweden; and Umicore, Catoosa, OK. The ‘‘National Longitudinal Survey of Youth NLSY97 data have been published in purpose and the nature of DAAAC–HD 1997.’’ A copy of the proposed scholarly journals. The survey design is to develop a methodology and information collection request (ICR) can provides data gathered from the same procedures for accelerating heavy duty be obtained by contacting the individual respondents over time to form the only diesel aftertreatment systems aging for listed in the ADDRESSES section of this data set that contains this type of heavy-duty diesel engine applications, notice. information for this important population group. Without the such as emission components and DATES: Written comments must be collection of these data, an accurate systems. The procedures to be submitted to the office listed in the longitudinal data set could not be developed will aim to dramatically ADDRESSES section below on or before provided to researchers and shorten durability testing times. In April 27, 2009. policymakers, thus adversely affecting addition, these procedures can be used ADDRESSES: Send comments to Carol by the industry to determine the most the DOL’s ability to perform its policy- Rowan, BLS Clearance Officer, Division and report-making activities. effective emissions systems for their of Management Systems, Bureau of heavy-duty diesel engine applications. It Labor Statistics, Room 4080, 2 II. Current Action is anticipated that the central Massachusetts Avenue, NE., The BLS seeks approval to conduct component of the accelerated aging Washington, DC 20212, 202–691–7628. round 13 of annual interviews of the procedure will be a cycle that would (This is not a toll free number.) NLSY97. Respondents to the NLSY97 expose diesel aftertreatment systems to FOR FURTHER INFORMATION CONTACT: will undergo an interview of exhaust at an elevated temperature. In Carol Rowan, BLS Clearance Officer, approximately 65 minutes during which addition, such exhaust will have a 202–691–7628. (See ADDRESSES section.) they will answer questions about chemical composition that would SUPPLEMENTARY INFORMATION: schooling and labor market experiences, accelerate the aftertreatment system family relationships, and community aging. I. Background background. Membership in this research group The National Longitudinal Survey of During the fielding period for the remains open, and DAAAC–HD intends Youth 1997 (NLSY97) is a nationally main round 13 interviews, about 2 representative sample of persons who percent of respondents will be asked to to file additional written notification were born in the years 1980 to 1984. participate in a brief validation
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interview a few weeks after the initial enable the BLS and NORC to learn more • Evaluate whether the proposed interview. The purpose of the validation about long-term nonrespondents and collection of information is necessary interview is to verify that the initial therefore understand attrition patterns for the proper performance of the interview took place as the interviewer and any nonresponse bias. Other functions of the agency, including reported and to assess the data quality changes in round 13 include collecting whether the information will have of selected questionnaire items. permission forms from respondents to practical utility. The BLS proposes to record randomly obtain their college transcripts. • Permission forms will be sought from Evaluate the accuracy of the selected segments of the main agency’s estimate of the burden of the interviews during round 13. Recording respondents who have received a high school diploma or General Education proposed collection of information, interviews helps the BLS and NORC to including the validity of the ensure that the interviews actually took Development (GED) credential or methodology and assumptions used. place and that interviewers are reading completed coursework in a the questions exactly as worded and postsecondary degree program. • Enhance the quality, utility, and entering the responses properly. Collection of permission forms is clarity of the information to be Recording also helps to identify parts of contingent on available funding. collected. the interview that might be causing The round 13 questionnaire includes • questions on workplace injuries and Minimize the burden of the problems or misunderstanding for illnesses and on exercise activity, diet collection of information on those who interviewers or respondents. Each and nutrition, and oral health. The are to respond, including through the respondent will be informed that the questionnaire also includes additional use of appropriate automated, interview may be recorded for quality questions on days of work missed due electronic, mechanical, or other control, training, and research purposes. to emotional or mental health problems. technological collection techniques or If the respondent objects to the Respondents who report serving on other forms of information technology, recording of the interview, the active military duty will be asked a e.g., permitting electronic submissions interviewer will confirm to the series of questions on their military of responses. respondent that the interview will not service. Military veterans also will be be recorded and then proceed with the Type of Review: Revision of a asked about their experience with currently approved collection. interview. programs designed to help service During round 13, the BLS proposes to members make the transition from Agency: Bureau of Labor Statistics. administer a noninterview respondent military to civilian life. Title: National Longitudinal Survey of questionnaire to sample members who Youth 1997. have missed at least 5 consecutive III. Desired Focus of Comments rounds and who do not complete the The Bureau of Labor Statistics is OMB Number: 1220–0157. round 13 interview on first approach. particularly interested in comments Affected Public: Individuals or Responses to this questionnaire will that: households.
Average time Estimated total Form Total Frequency Total per response burden respondents responses (min) (hours)
NLSY97 Pretest: June–July 2009 ...... 150 Annually ...... 150 65 163 Main NLSY97: September 2009–May 2010 ...... 7,350 Annually ...... 7,350 65 7,963 Round 13 Validation Interview ...... 147 Annually ...... 147 4 10 Noninterview Respondent Questionnaire ...... 120 Annually ...... 120 10 20 College Transcript Release Form ...... 6,311 Once ...... 6,311 1.5 158
Total ...... 7,620 ...... 14,078 ...... 8,314 The difference between the total number of respondents and the total number of responses reflects the fact that about 6,311 are expected to complete the main interview and the college transcript release form. In addition, about 147 respondents will be interviewed twice, once in the main survey and a second time in the 4-minute validation interview.
Total Burden Cost (capital/startup): MILLENNIUM CHALLENGE mail at [email protected] or by telephone $0. CORPORATION at (202) 521–3600. Total Burden Cost (operating/ [MCC FR 09–08] STATUS: Meeting will be closed to the maintenance): $0. public. Comments submitted in response to Notice of the March 11, 2009 MATTERS TO BE CONSIDERED: The Board this notice will be summarized and/or Millennium Challenge Corporation of Directors (the ‘‘Board’’) of the included in the request for Office of Board of Directors Meeting; Sunshine Millennium Challenge Corporation Management and Budget approval of the Act Meeting (‘‘MCC’’) will hold a meeting to consider the selection of countries that will be information collection request; they also AGENCY: Millennium Challenge eligible for FY 2009 Millennium will become a matter of public record. Corporation. Challenge Account (‘‘MCA’’) assistance Signed at Washington, DC, this 18th day of TIME AND DATE: 10 a.m. to 12 p.m., under Section 607 of the Millennium February, 2009. Wednesday, March 11, 2009. Challenge Act of 2003 (the ‘‘Act’’), Cathy Kazanowski, PLACE: Department of State, 2201 C codified at 22 U.S.C. 7706, and Chief, Division of Management Systems, Street, NW., Washington, DC 20520. Threshold Program assistance under Bureau of Labor Statistics. FOR FURTHER INFORMATION CONTACT: Section 616 of the Act (22 U.S.C. 7715); [FR Doc. E9–4101 Filed 2–25–09; 8:45 am] Information on the meeting may be discuss progress on proposed Compacts BILLING CODE 4510–24–P obtained from Romell Cummings via e- with certain MCA-eligible countries;
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discuss MCC’s proposed policy on DATES: The prospective partially 30, 2005, 119 Stat. 2927, NASA suspension, remediation, and exclusive license may be granted unless, Aeronautics Scholarships (for graduate termination of assistance and eligibility; within fifteen (15) days from the date of level scholarships), to better serve the and certain administrative matters. The this published notice, NASA receives aerospace community and the country agenda items are expected to involve the written objections including evidence in support of expanding the consideration of classified information and argument that establish that the requirements of graduate masters level and the meeting will be closed to the grant of the license would not be scholarships to include undergraduate, public. consistent with the requirements of 35 masters and doctoral level scholarships. U.S.C. 209 and 37 CFR 404.7. The information provided will be used Henry C. Pitney, Competing applications completed and in the selection of students for the (Acting) Vice President and General Counsel, received by NASA within fifteen (15) aeronautics scholarship program and for Millennium Challenge Corporation. days of the date of this published notice subsequent administration of the [FR Doc. E9–4252 Filed 2–24–09; 4:15 pm] will also be treated as objections to the aeronautics scholarship program BILLING CODE 9211–03–P grant of the contemplated exclusive including the tracking of funding of the license. scholarships. Objections submitted in response to DATES: Submit comments on or before NATIONAL AERONAUTICS AND this notice will not be made available to 60 calendar days from the date of this SPACE ADMINISTRATION the public for inspection and, to the publication. [Notice 09–013] extent permitted by law, will not be ADDRESSES: NASA Privacy Act Officer, released under the Freedom of Patti Stockman, 202–358–4787, NASA– Notice of Intent To Grant Partially Information Act, 5 U.S.C. 552. [email protected]. Exclusive License ADDRESSES: Objections relating to the FOR FURTHER INFORMATION CONTACT: Patti prospective license may be submitted to AGENCY: National Aeronautics and Stockman, Office of the Chief Space Administration. Patent Counsel, Office of Chief Counsel, Information Officer, NASA NASA Langley Research Center, MS Headquarters, 300 E Street, SW., ACTION: Notice of Intent to Grant a 141, Hampton, VA 23681; (757) 864– Partially Exclusive License. Washington, DC 20546–0001, 202–358– 9260 (phone), (757) 864–9190 (fax). 4787, NASA–[email protected]. SUMMARY: This notice is issued in FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Pursuant accordance with 35 U.S.C. 209(c)(1) and Robin W. Edwards, Patent Attorney, to Section 208 of the E-Government Act 37 CFR 404.7(a)(1)(i). NASA hereby Office of Chief Counsel, NASA Langley of 2002, NASA has conducted a Privacy gives notice of its intent to grant a Research Center, MS 141, Hampton, VA Impact Assessment (PIA) for this partially exclusive license to practice 23681; (757) 864–3230; Fax: (757) 864– system. A copy of the PIA can be the inventions described and claimed in 9190. Information about other NASA obtained by contacting the NASA NASA Case Numbers LAR–15318–1 inventions available for licensing can be Privacy Act Officer at the address listed entitled ‘‘Apparatus And Method For found online at http:// below. Measuring Strain In Bragg Gratings,’’ technology.nasa.gov/. System Number: NASA 10NASP. System Name: NASA Aeronautics U.S. Patent Number 5,798,521; LAR– Dated: February 19, 2009. Scholarship Program. 15508–1 entitled ‘‘Apparatus and Richard W. Sherman, Method for Measuring Strain in Optical Security Classification: None. Deputy General Counsel. Fibers Using Rayleigh Scatter,’’ U.S. System Location: The American Patent Number 6,545,760; LAR–15934– [FR Doc. E9–4076 Filed 2–25–09; 8:45 am] Society for Engineering Education 1 entitled ‘‘Edge Triggered Apparatus BILLING CODE 7510–13–P (ASEE) 1818 N. Street, NW., Suite 600, and Method for Measuring Strain In Washington, DC 20036 and location 1 as set forth in Appendix A. Bragg Gratings,’’ U.S. Patent Number NATIONAL AERONAUTICS AND 6,566,648; LAR–16005–1 entitled ‘‘High SPACE ADMINISTRATION Categories of Individuals Covered by Precision Wavelength Monitor For the System [Notice (09–014)] Tunable Laser Systems,’’ U.S. Patent Non-NASA individuals, typically Number 6,426,496; LAR–16005–1–EP college students, applying for or entitled ‘‘High Precision Solid State Privacy Act of 1974; Privacy Act System of Records selected for the Aeronautics Scholarship Wavelength Monitor for Tunable Laser Program. Systems,’’ Foreign Patent Number AGENCY: National Aeronautics and EP1311814B1; and LAR–16005–1–CA Space Administration (NASA). Categories of Records in the System entitled ‘‘High Precision Solid State ACTION: Notice of Privacy Act system of Records in the system include Wavelength Monitor for Tunable Laser records. identifying information about Systems,’’ Foreign Patent Application scholarship applicants and recipients, Serial Number 2,420,299 to Luna SUMMARY: NASA provides this required including name, social security number, Innovations Incorporated having its information for a new system of records bank account and routing number principal place of business in Roanoke, related to NASA’s aeronautics information, bank address, date of birth, Virginia. The field of use may be limited scholarship program. The aeronautics citizenship, mailing address, e-mail to shape sensing in medical robotics. scholarship program offers address, telephone, academic records, The patent rights have been assigned to undergraduate and graduate level and Graduate Record Examination the United States of America as scholarships for students pursuing (GRE) scores, research proposal, and represented by the Administrator of the degrees in aeronautics related personal references. National Aeronautics and Space disciplines to improve the future Administration. The prospective aerospace workforce. In part the Authority for Maintenance of the partially exclusive license will comply collection of this data is congressionally System with the terms and conditions of 35 mandated as stated in 42 U.S.C. 16741, NASA Aeronautics Scholarships (for U.S.C. 209 and 37 CFR 404.7. Public Law 109–155, Title IV, 431, Dec. graduate level scholarship), 42 U.S.C.
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16741, Public Law 109–155, title IV, System Manager and Address Location 6 431, Dec. 30, 2005, 119 Stat. 2927; National Aeronautics and Space Act of System Manager, Aeronautics John F. Kennedy Space Center, 1958, as amended, 42 U.S.C. 2473; Scholarship Program, Aeronautics National Aeronautics and Space Federal Records Act of 1950, as Research Mission Directorate, Appendix Administration, Kennedy Space Center, amended, 44 U.S.C. 3101; 5 U.S.C. 4101 A, Location 1. FL 32899–0001. et seq. Notification Procedure Location 7 Routine Uses of Records Maintained in Individuals interested in inquiring Langley Research Center, National the System, Including Categories of about their records should notify the Aeronautics and Space Administration, Users and the Purpose of Such Uses System Manager at the address given Hampton, VA 23681–2199. 1. Records from this system may be above. Location 8 disclosed to authorized contractors who Record Access Procedures are responsible for administration of the John H. Glenn Research Center at scholarship program, including Individuals interested in inquiring Lewis Field, National Aeronautics and facilitation of the award selection about their records should notify the Space Administration, 21000 Brookpark process, issuance of award payments, System Manager at the address given Road, Cleveland, OH 44135–3191. maintenance of records, and other above. Location 9 functions supporting the operation of Contesting Record Procedures the program. George C. Marshall Space Flight Center, National Aeronautics and Space 2. Records from this system in the The NASA regulations for access to Administration, Marshall Space Flight form of scholarship recipients’ names records and for contesting contents and Center, AL 35812–0001. and college affiliations will be made appealing initial determinations by the available to the public via the Internet individual concerned appears in 14 CFR Location 10 to publicize the winners of NASA part 1212. scholarship awards. HQ NASA Management Office-JPL, Record Source Categories National Aeronautics and Space 3. NASA standard routine uses 1 Administration, 4800 Oak Grove Drive, through 6 as set forth in Appendix B. The information is obtained directly from the individual program applicants. Pasadena, CA 91109–8099. Policies and Practices for Storing, Location 11 Retrieving, Accessing, Retaining and Exemptions Claimed for the System Disposing of Records in the System None. John C. Stennis Space Center, National Aeronautics and Space Storage Bobby L. German, Administration, Stennis Space Center, Stored on a secure server as electronic Acting NASA Chief Information Officer. MS 39529–6000. records. Printed reports from the system Appendix A Location 12 are maintained in locked rooms or file cabinets. Location Numbers and Mailing JSC White Sands Test Facility, Addresses of NASA Installations at National Aeronautics and Space Retrievability Which Records Are Located Administration, P.O. Drawer MM, Las By the individual’s name, Location 1 Cruces, NM 88004–0020. identification number, social security Location 13 number bank routing number, zip code, NASA Headquarters, National institution, state or grade level. Aeronautics and Space Administration GRC Plum Brook Station, National Washington, DC 20546–0001. Aeronautics and Space Administration, Safeguards Location 2 Sandusky, OH 44870. Access is limited to ASEE authorized Location 14 personnel only on a need-to-know basis. Ames Research Center, National Computerized records are protected via Aeronautics and Space Administration, MSFC Michoud Assembly Facility, limited user accounts with secure user Moffett Field, CA 94035–1000. National Aeronautics and Space authentication and non-electronic Location 3 Administration, P.O. Box 29300, New records are maintained in locked rooms Orleans, LA 70189. Dryden Flight Research Center, or files. Functional user roles are Location 15 established and access is limited based National Aeronautics and Space upon these roles. An IT Security Administration, P.O. Box 273, Edwards, NASA Independent Verification and analysis of the system was conducted as CA 93523–0273. Validation Facility (NASA IV&V), 100 required by FIPS 199 and applicable Location 4 University Drive, Fairmont, WV 26554. security controls implemented in Location 16 accordance with Federal Information Goddard Space Flight Center, Processing Standard (FIPS) 853. National Aeronautics and Space Office of Inspector General, Post of Administration, Greenbelt, MD 20771– Duty, 402 E. State Street, Suite 3036, Retention and Disposal 0001. Trenton, NJ 08608. Records are retained and Location 5 Location 17 dispositioned in accordance with the guidelines defined in NASA Procedural Lyndon B. Johnson Space Center, Office of Inspector General, Western Requirements (NPR) 1441.1 and NASA National Aeronautics and Space Field Office, Glenn Anderson Federal Records Retention Schedules, Schedule Administration, Houston, TX 77058– Building, 501 West Ocean Blvd., Long 1, item 32. 3696. Beach, CA 90802–4222.
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Location 18 Standard Routine Use No. 4—Disclosure maintained by NASA or another agency NASA Shared Services Center to the Department of Justice for Use in or entity) that rely upon the (NSSC), Building 5100, Stennis Space Litigation compromised information; and (3) the Center, MS 39529–6000. A record from this SOR may be disclosure made to such agencies, disclosed to the Department of Justice entities, and persons is reasonably Appendix B necessary to assist in connection with when (a) the Agency, or any component NASA’s efforts to respond to the Standard Routine Uses—NASA thereof; or (b) any employee of the suspected or confirmed compromise Agency in his or her official capacity; or The following routine uses of and prevent, minimize, or remedy such (c) any employee of the Agency in his information contained in Systems of harm. or her individual capacity where the Records (SORs), subject to the Privacy [FR Doc. E9–4079 Filed 2–25–09; 8:45 am] Act of 1974, are standard for many Department of Justice or the Agency has BILLING CODE 7510–13–P NASA systems. They are cited by agreed to represent the employee; or (d) reference in the paragraph ‘‘Routine the United States, where the Agency determines that litigation is likely to uses of records maintained in the NATIONAL SCIENCE FOUNDATION system, including categories of users affect the Agency or any of its components, is a party to litigation or and the purpose of such uses’’ of the Notice of Intent To Extend an has an interest in such litigation, and Federal Register Notice on those Information Collection systems to which they apply. the use of such records by the Department of Justice or the Agency is AGENCY: National Science Foundation. Standard Routine Use No. 1—Law deemed by the Agency to be relevant ACTION: Notice and Request for Enforcement and necessary to the litigation provided, Comments. In the event this SOR indicates a however, that in each case it has been violation or potential violation of law, determined that the disclosure is SUMMARY: In compliance with the whether civil, criminal, or regulatory in compatible with the purpose for which requirement of Section 3506(c)(2)(A) of nature, and whether arising by general the records were collected. the Paperwork Reduction Act of 1995 statute or particular program statute, or for opportunity for public comment on Standard Routine Use 5—Routine Use proposed data collection projects, the by regulation, rule or order issued for Agency Disclosure in Litigation pursuant thereto, the relevant records in National Science Foundation (NSF) will the SOR may be referred, as a routine It shall be a routine use of the records publish periodic summaries of proposed use, to the appropriate agency, whether in this SOR to disclose them in a projects. Comments are invited on (a) whether Federal, State, local or foreign, charged proceeding before a court or the proposed collection of information with the responsibility of investigating adjudicative body before which the is necessary for the proper performance or prosecuting such violation or charged agency is authorized to appear, when: of the functions of the agency, including with enforcing or implementing the (a) The Agency, or any component whether the information shall have statute, or rule, regulation or order thereof; or (b) any employee of the practical utility; (b) the accuracy of the issued pursuant thereto. Agency in his or her official capacity; or (c) any employee of the Agency in his agency’s estimate of the burden of the Standard Routine Use No. 2—Disclosure or her individual capacity where the proposed collection of information; (c) When Requesting Information Agency has agreed to represent the ways to enhance the quality, utility, and A record from this SOR may be employee; or (d) the United States, clarity of the information to be disclosed as a ‘‘routine use’’ to a where the Agency determines that collected; and (d) ways to minimize the Federal, State, or local agency litigation is likely to affect the Agency burden of the collection of information maintaining civil, criminal, or other or any of its components, is a party to on respondents, including through the relevant enforcement information or litigation or has an interest in such use of automated collection techniques or other forms of information other pertinent information, such as litigation, and the use of such records by technology. current licenses, if necessary to obtain the Agency is deemed to be relevant and information relevant to an agency necessary to the litigation, provided, DATES: Written comments on this notice decision concerning the hiring or however, that in each case, the Agency must be received by April 27, 2009 to retention of an employee, the issuance has determined that the disclosure is be assured of consideration. Comments of a security clearance, the letting of a compatible with the purpose for which received after that date will be contract, or the issuance of a license, the records were collected. considered to the extent practicable. grant, or other benefit. For Additional Information or Standard Routine Use No. 6—Suspected Comments: Contact Suzanne H. Standard Routine Use No. 3—Disclosure or Confirmed Confidentiality Plimpton, Reports Clearance Officer, of Requested Information Compromise National Science Foundation, 4201 A record from this SOR may be A record from this SOR may be Wilson Boulevard, Suite 295, Arlington, disclosed to a Federal agency, in disclosed to appropriate agencies, Virginia 22230; telephone (703) 292– response to its request, in connection entities, and persons when (1) NASA 7556; or send e-mail to with the hiring or retention of an suspects or has confirmed that the [email protected]. Individuals who use employee, the issuance of a security security or confidentiality of a telecommunications device for the clearance, the reporting of an information in the SOR has been deaf (TDD) may call the Federal investigation of an employee, the letting compromised; (2) NASA has determined Information Relay Service (FIRS) at 1– of a contract, or the issuance of a that as a result of the suspected or 800–877–8339 between 8 a.m. and 8 license, grant, or other benefit by the confirmed compromise there is a risk of p.m., Eastern time, Monday through requesting agency, to the extent that the harm to economic or property interests, Friday. You also may obtain a copy of information is relevant and necessary to identity theft or fraud, or harm to the the data collection instrument and the requesting agency’s decision on the security or integrity of this system or instructions from Ms. Plimpton. matter. other systems or programs (whether SUPPLEMENTARY INFORMATION:
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Title of Collection: Request for Dated: February 20, 2009. education. A recent NSF-funded Proposals. Suzanne H. Plimpton, workshop entitled Ethics Education: OMB Approval Number: 3145–0080. Reports Clearance Officer, National Science What’s Been Learned? What Should be Foundation. Done? was held by the National Expiration Date of Approval: June 30, [FR Doc. E9–4072 Filed 2–25–09; 8:45 am] Academies of Science & Engineering. 2009. BILLING CODE 7555–01–P Information about the workshop, as well Type of Request: Intent to seek as additional resources, are available at: approval to extend an information http://www.nae.edu/nae/ collection for three years. NATIONAL SCIENCE FOUNDATION engethicscen.nsf/weblinks/NKAL- 7LHM86?OpenDocument. A brief notice Proposed Project: The Federal Responsible Conduct of Research about the workshop’s main themes is Acquisition Regulations (FAR) Subpart forthcoming in The Bridge, Volume 39, 15.2—‘‘Solicitation and Receipt of AGENCY: National Science Foundation Number 1—Spring 2009, which will be (NSF). Proposals and Information’’ prescribes available online in mid-March at: http:// policies and procedures for preparing ACTION: Request for public comment on www.nae.edu/nae/ and issuing Requests for Proposals. The requirement for students and bridgecom.nsf?OpenDatabase. NSF is FAR System has been developed in postdoctoral researchers involved in adding ‘‘the responsible and ethical accordance with the requirement of the NSF proposals to be educated in the conduct of research’’ as a Representative Office of Federal Procurement Policy responsible and ethical conduct of Activity in the listing of Broader Act of 1974, as amended. The NSF Act research (RCR). Impacts Representative Activities of 1950, as amended, 42 U.S.C. 1870, SUMMARY: available electronically at Sec. II, states that NSF has the authority The National Science Foundation (NSF) is soliciting public http://www.nsf.gov/pubs/gpg/broader to: comment on the agency’s proposed impacts.pdf. (c) Enter into contracts or other implementation of Section 7009 of the NSF is committed to continue its funding of research in this important arrangements, or modifications thereof, America Creating Opportunities to area through programs such as Ethics for the carrying on, by organizations or Meaningfully Promote Excellence in Education in Science and Engineering individuals in the United States and Technology, Education, and Science (http://www.nsf.gov/funding/pgm_ foreign countries, including other (COMPETES) Act (42 U.S.C. 1862o–1). summ.jsp?pims_id=13338& government agencies of the United This section of the Act requires that org=NSF&sel_org=NSF&from=fund) and States and of foreign countries, of such ‘‘each institution that applies for to promote the development and scientific or engineering activities as the financial assistance from the implementation of effective practices Foundation deems necessary to carry Foundation for science and engineering through its education and training out the purposes of this Act, and, at the research or education describe in its programs. The agency will also continue request of the Secretary of Defense, grant proposal a plan to provide to explore other mechanisms to support specific scientific or engineering appropriate training and oversight in the the academic community’s efforts in activities in connection with matters responsible and ethical conduct of providing training in the responsible relating to international cooperation or research to undergraduate students, and ethical conduct of research. national security, and, when deemed graduate students, and postdoctoral Proposed Implementation Plan: appropriate by the Foundation, such researchers participating in the Effective October 1, 2009, NSF will contracts or other arrangements or proposed research project.’’ require that at the time of proposal modifications thereof, may be entered SUPPLEMENTARY INFORMATION: Ethical submission to NSF, a proposing into without legal consideration, and responsible conduct of research is institution’s Authorized Organizational without performance or other bonds and critical for excellence, as well as public Representative must certify that the without regard to section 5 of title 41, trust, in science and engineering. institution has a plan to provide U.S.C. Consequently, education in the appropriate training and oversight in the Use of the Information: Request for responsible and ethical conduct of responsible and ethical conduct of Proposals (RFP) is used to competitively research is considered essential in the research to undergraduates, graduate solicit proposals in response to NSF preparation of future scientists and students, and postdoctoral researchers need for services. Impact will be on engineers. The COMPETES Act focuses who will be supported by NSF to public attention on the importance of those individuals or organizations who conduct research. While training plans the national research community’s elect to submit proposals in response to are not required to be included in enduring commitment and broader the RFP. Information gathered will be proposals submitted, institutions are efforts to provide RCR training as an advised that they are subject to review evaluated in light of NSF procurement integral part of the preparation and upon request. NSF will modify its requirements to determine who will be long-term professional development of standard award conditions to clearly awarded a contract. current and future generations of stipulate that institutions are Estimate of Burden: The Foundation scientists and engineers. responsible for verifying that estimates that, on average, 558 hours per A wide array of information exists to undergraduate students, graduate respondent will be required to complete help inform RCR training. For example, students, and postdoctoral researchers the RFP. many professional societies as well as supported by NSF to conduct research Respondents: Individuals; business or governmental licensing authorities for have received RCR training. other for-profit; not-for-profit professional scientists and engineers In addition, NSF will support the institutions; Federal government; state, have adopted policies or best practices development of an online digital library local, or tribal governments. that might be usefully considered. In containing research findings, addition, research is illuminating pedagogical materials, and promising Estimated Number of Responses: 75. existing practices surrounding ethical practices regarding the ethical and Estimated Total Annual Burden on issues, and providing an evaluation of responsible conduct of research in Respondents: 41,850 hours. pedagogical innovations in ethics science and engineering. The
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development and evolution of the ACTION: Request for comments. that the recommendations should offer digital library will be informed by the suggestions for the following: research communities that NSF SUMMARY: The Director of the Office of • The relationship between OIRA and supports, and it will serve as a living Management and Budget (OMB) is the agencies; resource of multimedia materials that developing a set of recommendations to • Disclosure and transparency; may be used to train current and future the President for a new Executive Order • Encouraging public participation in generations of scientists and engineers on Federal Regulatory Review, and agency regulatory processes; in the responsible and ethical conduct invites public comments on how to • The role of cost-benefit analysis; of research. improve the process and principles • The role of distributional Invitation to Comment: The governing regulation. considerations, fairness, and concern for Foundation welcomes public comment DATES: Comments must be in writing the interests of future generations; on any aspect of the proposed and received by March 16, 2009. • Methods of ensuring that regulatory Implementation Plan. Issues that ADDRESSES: Submit comments by one of review does not produce undue delay; responders may wish to address the following methods: • The role of the behavioral sciences include, but are not limited to, the • E-mail: in formulating regulatory policy; and following: [email protected]. • The best tools for achieving public • What challenges do institutions face • Fax: (202) 395–7245. goals through the regulatory process. in meeting the new RCR requirement? • Mail: Office of Information and Executive Orders are not subject to • What role should Principal Regulatory Affairs, Records notice and comment procedures, and as Investigators play in meeting NSF’s RCR Management Center, Office of a general rule, public comment is not requirement? • Management and Budget, Attn: Mabel formally sought before they are issued. There are likely to be differences in Echols, Room 10102, NEOB, 725 17th In this case, however, there has been an the RCR plans that institutions develop Street, NW.,Washington, DC 20503. We unusually high level of public interest, to respond to this new requirement. are still experiencing delays in the and because of the evident importance What are the pros and cons of exploring regular mail, including first class and and fundamental nature of the relevant a diversity of approaches? express mail. To ensure that your issues, the Director of OMB invites • How might online resources be comments are received on time, we public comments on the principles and most effective in assisting with training procedures governing regulatory review. students and postdocs in the recommend that comments be These comments will be read and responsible and ethical conduct of electronically submitted. All comments submitted in response research? considered seriously even though no • Discuss possible approaches to to this notice will be made available to responses will be given. verifying that the requisite RCR training the public on OMB’s Web site. For this This public process is not intended to, has been provided. reason, please do not include in your and does not, create any right or benefit, Comments: Comments regarding comments information of a confidential substantive or procedural, enforceable at NSF’s proposed implementation should nature, such as sensitive personal law or in equity by any party against the be e-mailed to [email protected] by information or proprietary information. United States, its departments, agencies, March 31, 2009. Please include your If you send an e-mail comment directly or entities, its officers, employees, or comments in the body of the e-mail and to OMB, your e-mail address will be agents, or any other person. automatically captured and included as in an attachment. Include your name, Kevin F. Neyland, title, organization, postal address, part of the comment that is placed in the public docket and made available on the Acting Administrator, Office of Information telephone number, and e-mail address and Regulatory Affairs. Internet. in your message. [FR Doc. E9–4080 Filed 2–25–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: For BILLING CODE 3110–01–P information on the NSF’s Mabel Echols, Office of Information and implementation of the America Regulatory Affairs, Records COMPETES Act, contact Jean Feldman; Management Center, Office of Management and Budget, Room 10102, OFFICE OF THE UNITED STATES Head, Policy Office, Division of TRADE REPRESENTATIVE Institution & Award Support; National NEOB, 725 17th Street, NW., Science Foundation; 4201 Wilson Blvd.; Washington, DC 20503. Telephone: Notice of Meeting of the Industry Trade Arlington, VA 22230; e-mail: (202) 395–6880. Advisory Committee on Small and [email protected]; telephone: (703) 292– SUPPLEMENTARY INFORMATION: For well Minority Business (ITAC–11) 8243; fax: (703) 292–9171. over two decades, the Office of AGENCY: Office of the United States Dated: February 23, 2009. Information and Regulatory Affairs (OIRA) at OMB has reviewed Federal Trade Representative. Suzanne H. Plimpton, regulations. The purposes of such ACTION: Notice of a partially opened Reports Clearance Officer, National Science Foundation. review have been to ensure consistency meeting. with Presidential priorities, to [FR Doc. E9–4100 Filed 2–25–09; 8:45 am] coordinate regulatory policy, and to SUMMARY: The Industry Trade Advisory BILLING CODE 7555–01–P offer a dispassionate and analytical Committee on Small and Minority ’’second opinion’’ on agency actions. Business (ITAC–11) will hold a meeting In a recent Memorandum for the on Monday, March 23, 2009, from 9 a.m. OFFICE OF MANAGEMENT AND Heads of Executive Departments and to 3:30 p.m. The meeting will be closed BUDGET Agencies, published in the Federal to the public from 9 a.m. to 12:30 p.m. and opened to the public from 1 p.m. to Federal Regulatory Review Register [74 FR 5977], the President directed the Director of OMB to produce 3:30 p.m. AGENCY: Office of Management and a set of recommendations for a new DATES: The meeting is scheduled for Budget, Executive Office of the Executive Order on Federal regulatory March 23, 2009, unless otherwise President. review. Among other things, he stated notified.
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ADDRESSES: The meeting will be held at reason for the request, and the issues Internal Revenue Service guidelines the U.S. Department of Commerce, 14th contested. Persons who wish to be thereunder, as described in more detail Street and Constitution Avenue, NW., notified of a hearing may request below, outside the separate account Washington, DC. notification by writing to the Secretary context. A ‘‘future fund’’ is any FOR FURTHER INFORMATION CONTACT: of the Commission. investment company (or investment Laura Hellstern, DFO for ITAC–11 at ADDRESSES: Secretary, Securities and portfolio or series thereof), other than (202) 482–3222, Department of Exchange Commission, 100 F Street, the Fund, shares of which are sold to Commerce, 14th Street and Constitution NE., Washington, DC 20549. Applicants: VLI Accounts and to which NYLIM or Avenue, NW., Washington, DC 20230. Marguerite E.H. Morrison, New York its affiliates may in the future serve as SUPPLEMENTARY INFORMATION: During the Life Investment Management LLC, 51 investment adviser, investment opened portion of the meeting the Madison Avenue, New York, NY 10010, subadviser, investment manager, following agenda items will be with a copy to Christopher E. Palmer, administrator, principal underwriter or considered. Goodwin Procter LLP, 901 New York sponsor. Investment portfolios or series • Status of U.S. Commercial Service Avenue, NW., Washington, DC 20001. of the Fund or any future fund are Activities for FY09. FOR FURTHER INFORMATION CONTACT: referred to herein as ‘‘Insurance Funds.’’ • The TPCC Agencies and Their Role Patrick Scott, Senior Counsel, at 202– SUPPLEMENTARY INFORMATION: The in Export Promotion and Trade Policy. 551–6763, or Zandra Bailes, Branch following is a summary of the Chief, Office of Insurance Products, application. The complete application is Christina R. Sevilla, Division of Investment Management, available for a fee from the Public Acting Assistant U.S. Trade Representative Commission SEC at (202) 551–6975. Reference Branch of the Commission, for Intergovernmental Affairs and Public SUPPLEMENTARY INFORMATION: The 100 F Street, NE., Washington, DC Liaison. following is a summary of the 20549, (202) 551–8090. [FR Doc. E9–4138 Filed 2–25–09; 8:45 am] application. The complete application Applicants’ Representations: BILLING CODE 3190–W9–P may be obtained for a fee from the SEC’s 1. The Fund was formed as a Public Reference Branch, 100 F Street, Maryland corporation on June 3, 1983. NE., Washington, DC 20549 (tel. (202) The Fund was formerly known as the SECURITIES AND EXCHANGE 551–8090). New York Life MFA Series Fund, Inc. COMMISSION SUMMARY OF APPLICATION: Applicants On August 22, 1996, the Fund’s name [Release No. IC–28619; File No. 812–13515] seek exemption of each life insurance changed to its present form. The Fund company separate account supporting is registered under the Act as an open- Mainstay VP Series Fund, Inc. variable life insurance contracts (‘‘VLI end management investment company Accounts’’) (and its insurance company (Reg. File No. 811–03833–01). The Fund February 20, 2009. depositor) that may invest in shares of is a series investment company as AGENCY: Securities and Exchange the Fund or a ‘‘future fund’’ as defined defined by Rule 18f–2 under the Act Commission ‘‘SEC’’ or ‘‘Commission’’). below, from the provisions of Sections and is currently comprised of twenty- ACTION: Notice of application for an 9(a), 13(a), 15(a) and 15(b) of the Act four series (‘‘Portfolios’’): (1) MainStay order pursuant to Section 6(c) of the and Rules 6e–2(b)(15) and 6e–3(T)(b)(l5) VP Balanced Portfolio, (2) MainStay VP Investment Company Act of 1940, as (or any comparable provisions of a Bond Portfolio, (3) MainStay VP Capital amended, (the ‘‘Act’’) granting relief permanent rule that replaces Rule 6e– Appreciation Portfolio, (4) MainStay VP from the provisions of Section 9(a), 3(T)(b)(15)) thereunder to the extent Cash Management Portfolio, (5) 13(a), 15(a) and 15(b) of the Act and necessary to permit such VLI Accounts MainStay VP Common Stock Portfolio, Rules 6e–2(b)(15) and 6e–3(T)(b)(15) to hold shares of the Fund or a future (6) MainStay VP Conservative thereunder. fund when one or more of the following Allocation Portfolio, (7) MainStay VP other types of investors also hold shares Convertible Portfolio, (8) MainStay VP APPLICANTS: MainStay VP Series Fund, of the Fund or a future fund: (1) Life Developing Growth Portfolio, (9) Inc. (the ‘‘Fund’’) and New York Life insurance company separate accounts MainStay VP Floating Rate Portfolio, Investment Management LLC supporting variable annuity contracts (10) MainStay VP Government Portfolio, (‘‘NYLIM’’) (together the ‘‘Applicants’’). (‘‘VA Accounts’’), whether or not the (11) MainStay VP Growth Allocation FILING DATE: The application was filed life insurance company is an affiliated Portfolio, (12) MainStay VP High Yield on April 2, 2008, and amended and person of the insurance company Corporate Bond Portfolio, (13) MainStay restated applications were filed on depositor of any VLI Account, (2) VLI VP ICAP Select Equity Portfolio, (14) November 20, 2008 and February 17, Accounts supporting scheduled or MainStay VP International Equity 2009. flexible premium variable life insurance Portfolio, (15) MainStay VP Large Cap HEARING OR NOTIFICATION OF HEARING: An contracts, whether or not the life Growth Portfolio, (16) MainStay VP Mid order granting the application will be insurance company is an affiliated Cap Core Portfolio, (17) MainStay VP issued unless the Commission orders a person of the insurance company Mid Cap Growth Portfolio, (18) hearing. Interested persons may request depositor of any other VLI Account, (3) MainStay VP Mid Cap Value Portfolio, a hearing by writing to the general accounts of insurance company (19) MainStay VP Moderate Allocation Commission’s Secretary and serving depositors of VA Accounts and/or VLI Portfolio, (20) MainStay VP Moderate Applicants with a copy of the request, Accounts, (4) the Fund’s investment Growth Allocation Portfolio, (21) personally or by mail. Hearing requests adviser or future fund’s investment MainStay VP S&P 500 Index Portfolio, should be received by the Commission adviser (or an affiliated person of the (22) MainStay VP Small Cap Growth by 5:30 p.m. on March 18, 2009, and investment adviser), or (5) qualified Portfolio, (23) MainStay VP Total Return should be accompanied by proof of group pension plans and group Portfolio, and (24) MainStay VP Value service on Applicants, in the form of an retirement plans (‘‘Plans’’) in Portfolio. The Fund issues a separate affidavit, or, for lawyers, a certificate of accordance with Section 817(h) of the series of shares of beneficial interest for service. Hearing requests should state Internal Revenue Code (the ‘‘Code’’) and each Portfolio and has filed a the nature of the writer’s interest, the the U.S. Treasury regulations and registration statement under the
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Securities Act of 1933 (the ‘‘1933 Act’’) 4. Currently, the Fund sells its shares Account or VA Account covered by the on Form N–1A (Reg. File No. 002– only to certain Accounts of New York agreement and for complying with all 86082) to register such shares. The Fund Life, a wholly-owned subsidiary of New applicable requirements of state and may establish additional Portfolios in York Life Insurance Company. New federal law pertaining to such Accounts the future and additional classes of York Life is an affiliated person of and to the sale and distribution of shares for such Portfolios. NYLIM and the Fund. Currently, the Variable Contracts issued through such 2. The Fund currently sells its shares Fund sells its shares to the following Accounts. The participation agreements to both VLI Accounts and VA Accounts VLI Accounts and VA Accounts of New also will memorialize, among other (together, ‘‘Accounts’’) of affiliated life York Life: NYLIAC Variable Annuity matters, the fact that, unless the insurance companies in reliance on an Separate Account-I; NYLIAC Variable agreement specifically states otherwise, order from the Commission. Applicants Annuity Separate Account-II; NYLIAC the Fund (or a future fund) will remain seek relief so that the Fund and future Variable Annuity Separate Account-III; responsible for establishing and funds may offer each series of their NYLIAC Variable Annuity Separate maintaining any Insurance Fund shares to: (a) VLI Accounts and VA Account-IV; NYLIAC MFA Separate covered by the agreement, for Accounts of both affiliated and Account-I; NYLIAC MFA Separate complying with all applicable unaffiliated life insurance companies; Account-II; NYLIAC Variable Universal requirements of state and federal law (b) insurance company depositors of VLI Life Separate Account-I; NYLIAC pertaining to such Insurance Funds and Accounts and/or VA Accounts investing Corporate Sponsored Variable Universal to the offer and sale of its shares to VLI in one or more Insurance Funds through Life Separate Account-I; and New York Accounts and VA Accounts covered by their general accounts; (c) NYLIM and Life Insurance and Annuity Corporation the agreement, and for compliance with any other investment advisers to one or VLI Separate Account. In the future, an the conditions stated in the application. more Insurance Funds (or their Insurance Fund may sell its shares to 7. The use of a common management affiliates); and (d) Plans. additional separate accounts of New investment company (or investment portfolio thereof) as an investment 3. Each VLI Account and VA Account York Life and/or separate accounts of medium for both VLI Accounts and VA is or will be established as a segregated other Participating Insurance Companies. Accounts of the same Participating asset account by New York Life 5. NYLIM serves as the investment Insurance Company, or of two or more Insurance and Annuity Corporation adviser to the Fund and each of its insurance companies that are affiliated (‘‘New York Life’’), an insurance Portfolios. NYLIM is a Delaware limited persons of each other, is referred to company affiliated with New York Life, liability company and is registered as an herein as ‘‘mixed funding.’’ The use of or a life insurance company not investment adviser under the a common management investment affiliated with New York Life (New York Investment Advisers Act of 1940. company (or investment portfolio Life, life insurance companies affiliated NYLIM is a subsidiary of New York Life. thereof) as an investment medium for with New York Life, and life insurance Under the supervision of the Fund’s VLI Accounts and/or VA Accounts of companies not affiliated with New York board of directors, NYLIM is responsible two or more Participating Insurance Life are each referred to as a for all investment decisions for the Companies that are not affiliated ‘‘Participating Insurance Company’’ and Portfolios. Subject to approval of the persons of each other, is referred to collectively as the ‘‘Participating Fund’s board of directors, NYLIM may herein as ‘‘shared funding.’’ Insurance Companies’’) pursuant to the delegate certain advisory functions, 8. The Fund (or a future fund) may insurance law of the insurance including securities selection, to one or sell its shares directly to the Plans. As company’s state of domicile. As such, more subadvisers. described below, federal tax law permits the assets of each will be the property 6. The Fund proposes to offer and sell investment companies such as the of the Participating Insurance Company, its shares (and a future fund would offer Insurance Funds to increase their net and that portion of the assets of such an and sell its shares) to VLI Accounts and assets by selling shares to Plans. Account equal to the reserves and other VA Accounts of various Participating 9. Section 817(h) of the Code imposes contract liabilities with respect to the Insurance Companies as an investment certain diversification standards on the Account will not be chargeable with medium to support variable life assets underlying Variable Contracts, liabilities arising out of any other insurance contracts (‘‘VLI Contracts’’) such as those in each Insurance Fund. business that the insurance company and variable annuity contracts (‘‘VA The Code provides that Variable may conduct. The income, gains and Contracts’’) (together, ‘‘Variable Contracts will not be treated as annuity losses, realized or unrealized from such Contracts’’) issued through such contracts or life insurance contracts, as an Account’s assets will be credited to Accounts. As described more fully the case may be, for any period (or any or charged against the Account without below, the Fund (or a future fund) will subsequent period) for which the regard to other income, gains or losses only sell its shares to registered VLI underlying assets are not, in accordance of the Participating Insurance Company. Accounts and registered VA Accounts if with regulations issued by the Treasury If a VLI Account or VA Account is each Participating Insurance Company Department, adequately diversified. On registered as an investment company, it sponsoring such a VLI Account or VA March 2, 1989, the Treasury Department will be a ‘‘separate account’’ as defined Account enters into a participation issued regulations (Treas. Reg. 1.817–5) by Rule 0–1(e) (or any successor rule) agreement with the Fund (or a future that established diversification under the Act and will be registered as fund). The participation agreements will requirements for Variable Contracts, a unit investment trust. For purposes of define the relationship between the which require the separate accounts the Act, the life insurance company that Fund (or a future fund) and a upon which these Contracts are based to establishes such a registered VLI Participating Insurance Company and be diversified as provided in the Account or VA Account is the depositor will memorialize, among other matters, Treasury Regulations. In the case of and sponsor of the Account as those the fact that, except where the separate accounts that invest in terms have been interpreted by the agreement specifically provides underlying investment companies, the Commission with respect to variable life otherwise, the Participating Insurance Treasury Regulations provide a ‘‘look insurance and variable annuity separate Company will remain responsible for through’’ rule that permits the separate accounts. establishing and maintaining any VLI account to look to the underlying
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investment company for purposes of Participating Insurance Company does 3. Accordingly, Applicants request an meeting the diversification not intend to sell the shares to the order of the Commission granting requirements, provided that the public. exemptions from Sections 9(a), 13(a), beneficial interests in the investment 13. The promulgation of Rules 6e– 15(a), and 15(b) of the Act, and Rule 6e– company are held only by the 2(b)(15) and 6e–3(T)(b)(15) preceded the 2(b)(15) thereunder, to the extent segregated asset accounts of one or more issuance of the Treasury Regulations necessary to permit a scheduled insurance companies. However, the permitting the shares of Insurance premium VLI Account to hold shares of Treasury Regulations also contain Funds to be held by a Plan, an adviser Insurance Funds when one or more of certain exceptions to this requirement, for the Fund, or the general account of the following types of investors also one of which permits shares in an a Participating Insurance Company hold shares of the Insurance Funds: (1) investment company to be held by a without adversely affecting the ability of VA Accounts, (2) VLI Accounts Plan without adversely affecting the the VLI Account to also hold shares. supporting flexible premium VLI ability of shares in the same investment 14. The use of a common management Contracts, (3) VA Accounts or VLI company to also be held by separate investment company (or investment Accounts of Participating Insurance accounts funding Variable Contracts portfolio thereof) as an investment Companies that are not affiliated (Treas. Reg. Section 1.817–5(f)(3)(iii)). medium for VLI Accounts, VA persons of the depositor of the Another exception allows the Accounts, Plans, investment advisers scheduled premium VLI Account, (4) investment adviser of the investment and general accounts of Participating general accounts of Participating company (and certain companies related Insurance Companies is referred to Insurance Companies, (5) investment to the investment adviser) to hold shares herein as ‘‘extended mixed funding.’’ advisers (or affiliated persons of an of the investment company. Applicants’ Legal Analysis: investment adviser) of an Insurance 1. Section 9(a)(2) of the Act makes it 10. Plans may invest in shares of an Fund, or (6) Plans. investment company as the sole unlawful for any company to serve as an 4. Rule 6e–3(T)(b)(15) under the Act investment under the Plan, or as one of investment adviser or principal provides partial exemptions from several investments. Plan participants underwriter of any investment Sections 9(a), 13(a), 15(a), and 15(b) of may or may not be given an investment company, including a unit investment the Act to VLI Accounts supporting choice depending on the terms of the trust, if an affiliated person of that flexible premium variable life insurance Plan itself. The trustees or other company is subject to disqualification contracts and their life insurance fiduciaries of a Plan may vote enumerated in Section 9(a)(1) or (2) of investment company shares held by the the Act. Sections 13(a), 15(a), and 15(b) company depositors. The exemptions Plan in their own discretion or, if the of the Act have been deemed by the granted by the Rule are available, applicable Plan so provides, vote such Commission to require ‘‘pass-through’’ however, only where an Insurance Fund shares in accordance with instructions voting with respect to an underlying offers its shares exclusively to VLI from participants in such Plans. investment company’s shares. Accounts (through which either Applicants have no control over 2. Rule 6e–2(b)(15) under the Act scheduled premium or flexible premium whether trustees or other fiduciaries of provides partial exemptions from VLI Contracts are issued) of the same Plans, rather than participants in the Sections 9(a), 13(a), 15(a), and 15(b) of Participating Insurance Company and/or Plans, have the right to vote under any the Act to VLI Accounts supporting of Participating Insurance Companies particular Plan. Each Plan must be scheduled premium VLI Contracts and that are affiliated persons of the same administered in accordance with the to their life insurance company Participating Insurance Company, VA terms of the Plan and as determined by depositors. The exemptions granted by Accounts of the same Participating its trustees or other fiduciaries. To the the Rule are available, however, only Insurance Company or of affiliated extent permitted under applicable law, where an Insurance Fund offers its Participating Insurance Companies, or NYLIM or an affiliated person of NYLIM shares exclusively to VLI Accounts of the general account of the same may act as investment adviser or trustee the same Participating Insurance Participating Insurance Company or of to Plans that purchase shares of any Company and/or of Participating affiliated Participating Insurance Insurance Fund. Insurance Companies that are affiliated Companies. Therefore, VLI Accounts, 11. Applicants propose that any persons of the same Participating their depositors and their principal Insurance Fund also be permitted to sell Insurance Company and then, only underwriters may not rely on the shares to its investment adviser or an where scheduled premium VLI exemptions provided by Rule 6e– affiliate. The Treasury Regulations Contracts are issued through such VLI 3(T)(b)(15) if shares of the Insurance permit such sales as long as the return Accounts. Therefore, VLI Accounts, Fund are held by a VLI Account of an on shares held by the adviser or affiliate their depositors and their principal unaffiliated Participating Insurance is computed in the same manner as underwriters may not rely on the Company, a VA Account of an shares held by VLI Accounts and VA exemptions provided by Rule 6e– unaffiliated Participating Insurance Accounts, the adviser or affiliate does 2(b)(15) if shares of the Insurance Fund Company, the general account of an not intend to sell the shares to the are held by a VLI Account through unaffiliated Participating Insurance public, and sales to an adviser or which flexible premium VLI Contracts Company, an unaffiliated investment affiliate are only made in connection are issued, a VLI Account of an adviser, or a Plan. In other words, Rule with the creation of the Insurance Fund. unaffiliated Participating Insurance 6e–3(T)(b)(15) permits VLI Accounts 12. Applicants propose that any Company, an unaffiliated investment supporting flexible premium VLI Insurance Fund also be permitted to sell adviser, any VA Account or a Plan. In Contracts to invest in shares of a shares to the general account of a other words, Rule 6e–2(b)(15) does not management investment company that Participating Insurance Company. The permit a scheduled premium VLI serves as a vehicle for mixed funding Treasury Regulations also permit such Account to invest in shares of a but does not permit such a VLI Account sales as long as the return on shares management investment company that to invest in shares of a management held by general accounts are computed serves as a vehicle for mixed funding, investment company that serves as a in the same manner as shares held by extended mixed funding or shared vehicle for extended mixed funding or VLI Accounts and VA Accounts, and the funding. shared funding.
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5. Accordingly, Applicants request an owners of VLI Contracts issued by 6e–3(T)(b)(15)(i) and (ii) under the Act order of the Commission granting unaffiliated Participating Insurance provide exemptions from Section 9(a) exemptions from Sections 9(a), 13(a), Companies. under certain circumstances, subject to 15(a) and 15(b) of the Act and Rule 6e– 8. Consistent with the Commission’s the limitations discussed above on 3(T)(b)(15) (and any comparable authority under Section 6(c) of the Act mixed funding, extended mixed funding permanent rule) thereunder, to the to grant exemptive orders to a class or and shared funding. These exemptions extent necessary to permit a flexible classes of persons and transactions, limit the application of the eligibility premium VLI Account to hold shares of Applicants request exemptions for a restrictions to affiliated individuals or Insurance Funds when one or more of class of parties consisting of VLI companies that directly participate in the following types of investors also Accounts, their Participating Insurance management of the underlying hold shares of the Insurance Funds: (1) Company depositors and their principal investment company. VA Accounts or VLI Accounts of underwriters. There is ample precedent, 12. The relief provided by Rules 6e– Participating Insurance Companies that in a variety of contexts, for the 2(b)(15)(i) and 6e–3(T)(b)(15)(i) permits are not affiliated persons of the Commission to grant exemptions to a a person that is disqualified under depositor of the flexible premium VLI carefully defined class of persons or Sections 9(a)(1) or (2) of the Act to serve Account, (2) general accounts of parties where the specific identities of as an officer, director, or employee of Participating Insurance Companies, (3) all such persons or parties cannot be the life insurance company, or any of its investment advisers (or affiliated ascertained at the time an application affiliates, as long as that person does not persons of an investment adviser) of an for the exemptions is filed. Likewise, participate directly in the management Insurance Fund, or (4) Plans. there is ample precedent for parties not or administration of the underlying 6. As explained below, Applicants seeking to rely on the exemptions to investment company. The relief maintain that there is no public policy apply for such exemptions in order to provided by Rules 6e–2(b)(15)(ii) and reason why VLI Accounts and their further their reasonable business 6e–3(T)(b)(15)(ii) under the Act permits Participating Insurance Company purposes. the life insurance company to serve as depositors (or principal underwriters) 9. In the context of mixed funding, the underlying investment company’s should not be able to rely on the extended mixed funding and shared investment adviser or principal exemptions provided by Rules 6e– funding, the Commission has granted underwriter, provided that none of the 2(b)(15) and 6e–3(T)(b)(15) just because numerous orders of exemption covering insurer’s personnel who are ineligible shares of Insurance Funds held by the a class composed of registered VLI pursuant to Section 9(a) participates in VLI Accounts are also held by a Fund’s Accounts, their insurance company the management or administration of investment adviser (or affiliated person), depositors and principal underwriters. the investment company. the general account of the Participating The order sought is largely identical to 13. In effect, the partial relief granted Insurance Company (or another these precedents with respect to the in Rules 6e–2(b)(15) and 6e–3(T)(b)(15) Participating Insurance Company), or a scope of the exemptions and the under the Act from the requirements of Plan (‘‘Eligible 817(h) Purchasers’’). conditions proposed by the Applicants. Section 9 of the Act limits the amount Rather, Applicants assert that the Applicants believe that the same of monitoring necessary to ensure proposed sale of Insurance Fund shares policies and considerations that led the compliance with Section 9 to that which to Plans may allow for the development Commission to grant such exemptions is appropriate in light of the policy and of larger pools of assets, resulting in the to other similarly situated applicants are purposes of Section 9. Those rules potential for greater investment and present here. recognize that it is not necessary for the diversification opportunities and 10. Section 6(c) of the Act provides, protection of investors or the purposes decreased expenses at higher asset in part, that the Commission, by order fairly intended by the policy and levels. Similarly, Applicants believe upon application, may conditionally or provisions of the Act to apply the that the proposed sale of Insurance unconditionally exempt any person, provisions of Section 9(a) to all Fund shares to investment advisers (or security or transaction, or any class or individuals in a large insurance their affiliates) and to general accounts classes of persons, securities or complex, most of whom will have no of Participating Insurance Companies transactions, from any provision or involvement in matters pertaining to may result in the creation of more provisions of the Act, or any rule or investment companies in that Insurance Funds as investment options regulation thereunder, if and to the organization. Applicants assert that it is for certain VA Contracts and VLI extent that such exemption is necessary also unnecessary to apply Section 9(a) Contracts than would otherwise be the or appropriate in the public interest and of the Act to the many individuals in case. consistent with the protection of various unaffiliated insurance 7. Applicants understand that the investors and the purposes fairly companies (or affiliated companies of reason the Commission did not grant intended by the policy and provisions of Participating Insurance Companies) that more extensive relief in the area of the Act. The Applicants submit that the may utilize the Insurance Funds as mixed and shared funding when it exemptions requested are appropriate in investment vehicles for VLI Accounts adopted Rule 6e–3(T) is because of the the public interest and consistent with and VA Accounts. There is no Commission’s uncertainty in this area the protection of investors and the regulatory purpose served in extending with respect to issues such as conflicts purposes fairly intended by the policy the monitoring requirements to embrace of interest. Applicants believe, however, and provisions of the Act. a full application of Section 9(a) that the Commission’s concern in this 11. Section 9(a)(3) of the Act provides, eligibility restrictions because of mixed area is not warranted here. For the among other things, that it is unlawful funding, extended mixed funding or reasons explained below, Applicants for any company to serve as investment shared funding. The Participating have concluded that investment by adviser or principal underwriter of any Insurance Companies and Plans are not Eligible 817(h) Purchasers in the registered open-end investment expected to play any role in the Insurance Funds should not increase the company if an affiliated person of that management of the Insurance Funds. risk of material irreconcilable conflicts company is subject to a disqualification Those individuals who participate in between owners of VLI Contracts and enumerated in Sections 9(a)(1) or (2). the management of the Insurance Funds other types of investors or between Rules 6e–2(b)(15)(i) and (ii) and Rules will remain the same regardless of
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which VA Accounts, VLI Accounts, adopting subparagraph (b)(15)(iii) of however, may provide for the trustee(s), Plans or other Eligible 817(h) Purchasers these Rules, the Commission implicitly an investment adviser (or advisers), or invest in the Insurance Funds. Applying recognized that state insurance another named fiduciary to exercise the monitoring requirements of Section regulators have authority, pursuant to voting rights in accordance with 9(a) of the Act because of investment by state insurance laws or regulations, to instructions from Plan participants. VLI Accounts would be unjustified and disapprove or require changes in 20. Where a Plan does not provide would not serve any regulatory purpose. investment policies, investment participants with the right to give voting Furthermore, the increased monitoring advisers, or principal underwriters. instructions, Applicants do not see any costs could reduce the net rates of 18. The sale of Insurance Fund shares potential for material irreconcilable return realized by owners of VLI to Plans will not have any impact on the conflicts of interest between or among Contracts and Plan participants. provisions of Rules 6e–2 and 6e–3(T) the Variable Contract owners and Plan 14. Rules 6e–2(b)(15)(iii) and 6e– relating to pass-through voting and an participants with respect to voting of the 3(T)(b)(15)(iii) under the Act provide insurance company’s ability to disregard respective Insurance Fund shares. exemptions from pass-through voting voting instructions in certain Accordingly, unlike the circumstances requirements with respect to several circumstances. Shares sold to Plans will surrounding VLI Accounts and VA significant matters, assuming the be held by such Plans, not insurance Accounts, because Plans are not limitations on mixed funding, extended companies. The exercise of voting rights required to pass through voting rights to mixed funding and shared funding are by Plans, whether by trustees, other participants, the issue of resolution of observed. Rules 6e–2(b)(15)(iii)(A) and fiduciaries, participants, beneficiaries, material irreconcilable conflicts of 6e–3(T)(b)(15)(iii)(A) provide that the or investment managers engaged by the interest should not arise with respect to insurance company may disregard the Plans, does not raise the type of issues voting Insurance Fund shares. voting instructions of its variable life respecting disregard of voting rights that 21. In addition, if a Plan were to hold insurance contract owners with respect are raised by VLI Accounts. With a controlling interest in an Insurance to the investments of an underlying respect to Plans, which are not Fund, Applicants do not believe that investment company, or any contract registered as investment companies such control would disadvantage other between such an investment company under the Act, there is no requirement investors in such Insurance Fund to any and its investment adviser, when to pass through voting rights to Plan greater extent than is the case when any required to do so by an insurance participants. Indeed, to the contrary, institutional shareholder holds a regulatory authority (subject to the applicable law expressly reserves voting majority of the shares of any open-end provisions of paragraphs (b)(5)(i) and rights associated with Plan assets to management investment company. In (b)(7)(ii)(A) of Rules 6e–2 and 6e–3(T)). certain specified persons. For example, this regard, Applicants submit that 15. Rules 6e–2(b)(15)(iii)(B) and 6e– for many Plans, under Section 403(a) of investment in an Insurance Fund by a 3(T)(b)(15)(iii)(A)(2) provide that an the Employee Retirement Income Plan will not create any of the voting insurance company may disregard the Security Act of 1974 (‘‘ERISA’’), shares complications occasioned by VLI voting instructions of owners of its of a portfolio of an investment company Account investments in the Fund. variable life insurance contracts if such sold to a Plan must be held by the Unlike VLI Account investments, Plan owners initiate any change in an trust(s) funding the Plan. Section 403(a) voting rights cannot be frustrated by underlying investment company’s also provides that the trustee(s) of such veto rights of Participating Insurance investment policies, principal trusts must have exclusive authority and Companies or state insurance regulators. underwriter or any investment adviser discretion to manage and control the 22. Where a Plan provides (provided that disregarding such voting Plan, with two exceptions: (1) When the participants with the right to instruct instructions is reasonable and subject to Plan expressly provides that the the trustee(s) as to how to vote the other provisions of paragraphs trustee(s) are subject to the direction of Insurance Fund shares, Applicants see (b)(5)(ii), (b)(7)(ii)(B) and (b)(7)(ii)(C) of a named fiduciary who is not a trustee, no reason why such participants Rules 6e–2 and 6e–3(T)). in which case the trustee(s) are subject generally or those in a particular Plan, 16. In the case of a change in the to proper directions made in accordance either as a single group or in investment policies of the underlying with the terms of the Plan and not combination with participants in other investment company, the insurance contrary to ERISA, and (2) when the Plans, would vote in a manner that company, in order to disregard contract authority to manage, acquire, or dispose would disadvantage VLI Contract owner voting instructions, must make a of assets of the Plan is delegated to one owners. The purchase of shares by Plans good faith determination that such a or more investment managers pursuant that provide voting rights does not change either would: (1) violate state to Section 402(c)(3) of ERISA. For such present any complications not otherwise law, or (2) result in investments that Plans, unless one of the above two occasioned by mixed or shared funding. either (a) would not be consistent with exceptions stated in Section 403(a) 23. Similarly, an investment adviser the investment objectives of its separate applies, Plan trustees have the exclusive to an Insurance Fund (or its affiliates) account, or (b) would vary from the authority and responsibility for voting and the general accounts of general quality and nature of investment company shares (or related Participating Insurance Companies are investments and investment techniques proxies) held by their Plan. not subject to any pass-through voting used by other separate accounts of the 19. If a named fiduciary to a Plan requirements. Accordingly, unlike the company, or of an affiliated life appoints an investment manager, the circumstances surrounding VLI Account insurance company with similar investment manager has the and VA Account investments in investment objectives. responsibility to vote the shares held, Insurance Fund shares, investment in 17. Both Rule 6e–2 and Rule 6e–3(T) unless the right to vote such shares is such shares by Eligible 817(h) generally recognize that a variable life reserved to the trustee(s) or another Purchasers should not raise issues of insurance contract is primarily a life named fiduciary. The Plans may have resolution of material irreconcilable insurance contract containing many their trustee(s) or other fiduciaries conflicts of interest with respect to important elements unique to life exercise voting rights attributable to voting. insurance contracts and subject to investment securities held by the Plans 24. Applicants recognize that the extensive state insurance regulation. In in their discretion. Some Plans, Commission’s primary concern with
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respect to mixed funding, extended Insurance Funds may not sell their requirement will be provided for in the mixed funding and shared funding shares to the public. Participation Agreement that will be issues is the potential for irreconcilable 26. The rights of an insurance entered into by Participating Insurance conflicts between the interests of company or a state insurance regulator Companies with the relevant Insurance owners of variable life insurance to disregard the voting instructions of Fund. contracts and those of other investors in owners of Variable Contracts is not 29. Rules 6e–2(b)(15) and 6e– an open end investment company inconsistent with either mixed funding 3(T)(b)(15) give the Participating serving as an investment vehicle for or shared funding. The National Insurance Company the right to such contracts. The prohibitions on Association of Insurance Commissioners disregard the voting instructions of VLI mixed and shared funding might reflect Variable Life Insurance Model Contract owners in certain concern regarding possible different Regulation (the ‘‘NAIC Model circumstances. This right derives from investment motivations among Regulation’’) suggests that it is unlikely the authority of state insurance investors. When Rule 6e–2 was first that insurance regulators would find an regulators over VLI Accounts and VA underlying fund’s investment policy, Accounts. Under Rules 6e–2(b)(15) and adopted, variable annuity separate investment adviser or principal 6e–3(T)(b)(15), a Participating Insurance accounts could invest in mutual funds underwriter objectionable for one type Company may disregard VLI Contract whose shares were also offered to the of Variable Contract but not another owner voting instructions only with general public. Therefore, the type. The NAIC Model Regulation has respect to certain specified items. Commission staff may have been long permitted the use of a single Affiliation does not eliminate the concerned with the potentially different underlying fund for different separate potential, if any exists, for divergent investment motivations of public accounts. Moreover, the NAIC Model judgments as to the advisability or shareholders and owners of variable life Regulation does not distinguish between legality of a change in investment insurance contracts. There also may scheduled premium and flexible policies, principal underwriter or have been some concern with respect to premium variable life insurance investment adviser initiated by such the problems of permitting a state contracts. The NAIC Model Regulation, Contract owners. The potential for insurance regulatory authority to affect therefore, reflects the NAIC’s apparent disagreement is limited by the the operations of a publicly available confidence that such combined funding requirements in Rules 6e–2 and 6e–3(T) mutual fund and the investment is appropriate and that state insurance that the Participating Insurance decisions of public shareholders. regulators can adequately protect the Company’s disregard of voting 25. For reasons unrelated to the Act, interests of owners of all variable instructions be reasonable and based on however, Revenue Ruling 81–225 (Sept. contracts. specific good faith determinations. 25, 1981) effectively deprived variable 27. Shared funding by unaffiliated 30. A particular Participating annuity contracts funded by publicly insurance companies does not present Insurance Company’s disregard of available mutual funds of their tax- any issues that do not already exist voting instructions, nevertheless, could benefited status. The Tax Reform Act of where a single insurance company is conflict with the voting instructions of 1984 codified the prohibition against licensed to do business in several or all a majority of VLI Contract owners. The the use of publicly available mutual states. A particular state insurance Participating Insurance Company’s funds as an investment vehicle for both regulator could require action that is action possibly could be different than variable annuity contracts and variable inconsistent with the requirements of the determination of all or some of the other states in which the insurance other Participating Insurance life insurance contracts. In particular, company offers its contracts. However, Companies (including affiliated Section 817(h) of the Code, in effect, the fact that different insurers may be insurers) that the voting instructions of requires that the investments made by domiciled in different states does not VLI Contract owners should prevail, and both variable annuity and variable life create a significantly different or either could preclude a majority vote insurance separate accounts be enlarged problem. approving the change or could represent ‘‘adequately diversified.’’ If such a 28. Shared funding by unaffiliated a minority view. If the Participating separate account is organized as part of insurers, in this respect, is no different Insurance Company’s judgment a ‘‘two-tiered’’ arrangement where the than the use of the same investment represents a minority position or would account invests in shares of an company as the funding vehicle for preclude a majority vote, then the underlying open-end investment affiliated insurers, which Rules 6e– Participating Insurance Company may company (i.e., an underlying fund), the 2(b)(15) and 6e–3(T)(b)(15) permit. be required, at the relevant Insurance diversification test will be applied to the Affiliated insurers may be domiciled in Fund’s election, to withdraw its VLI underlying fund (or to each of several different states and be subject to Accounts’ and VA Accounts’ underlying funds), rather than to the differing state law requirements. investments in the relevant Insurance separate account itself, but only if ‘‘all Affiliation does not reduce the Fund. No charge or penalty will be of the beneficial interests’’ in the potential, if any exists, for differences in imposed as a result of such withdrawal. underlying fund ‘‘are held by one or state regulatory requirements. In any This requirement will be provided for in more insurance companies (or affiliated event, the conditions set forth below are the Participation Agreement entered companies) in their general account or designed to safeguard against, and into by the Participating Insurance in segregated asset accounts.’’ provide procedures for resolving, any Companies with the relevant Insurance Accordingly, a separate account that adverse effects that differences among Fund. invests in a publicly available mutual state regulatory requirements may 31. There is no reason why the fund will not be adequately diversified produce. If a particular state insurance investment policies of an Insurance for these purposes. As a result, any regulator’s decision conflicts with the Fund would or should be materially underlying fund, including any majority of other state regulators, then different from what these policies Insurance Fund that sells shares to VA the affected Participating Insurance would or should be if the Insurance Accounts or VLI Accounts, would, in Company will be required to withdraw Fund supported only VA Accounts or effect, be precluded from also selling its its separate account investments in the VLI Accounts, whether flexible shares to the public. Consequently, the relevant Insurance Fund. This premium or scheduled premium VLI
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Contracts. Each type of insurance which establishes the diversification arises because of a Plan’s decision to contract is designed as a long-term requirements for underlying funds, disregard Plan participant voting investment program. specifically permits, among other instructions, if applicable, and that 32. Each Insurance Fund will be things, ‘‘qualified pension or retirement decision represents a minority position managed to attempt to achieve its plans,’’ and separate accounts to invest or would preclude a majority vote, the specified investment objective, and not in the same underlying fund. For this Plan may be required, at the election of favor or disfavor any particular reason, Applicants have concluded that the relevant Insurance Fund, to Participating Insurance Company or neither the Code, nor the Treasury withdraw its investment in the type of insurance contract. There is no Regulations nor Revenue Rulings Insurance Fund, and no charge or reason to believe that different features thereunder, present any inherent penalty will be imposed as a result of of various types of Variable Contracts conflicts of interest if Plans, VLI such withdrawal. will lead to different investment Accounts, and VA Accounts all invest 38. Applicants do not believe that the policies for each or for different VLI in the same Insurance Fund. ability of an Insurance Fund to sell its Accounts and VA Accounts. The sale of 36. Applicants note that, while there shares to its investment adviser (or an Variable Contracts and ultimate success are differences in the manner in which affiliated person of the adviser), to of all VA Accounts and VLI Accounts distributions from VLI Accounts and Plans, or to the general account of a depends, at least in part, on satisfactory Plans are taxed, these differences have Participating Insurance Company gives investment performance, which no impact on the Insurance Funds. rise to a senior security. ‘‘Senior provides an incentive for each When distributions are to be made, and Security’’ is defined in Section 18(g) of Participating Insurance Company to a VLI Account or Plan is unable to net the Act to include ‘‘any stock of a class seek optimal investment performance. purchase payments to make having priority over any other class as 33. Furthermore, no single investment distributions, the VLI Account or Plan to distribution of assets or payment of strategy can be identified as appropriate will redeem shares of the relevant dividends.’’ As noted above, regardless to a particular Variable Contract. Each Insurance Fund at its net asset values in of the rights and benefits of participants ‘‘pool’’ of VLI Contract and VA Contract conformity with Rule 22c–l under the under Plans and owners of VLI owners is composed of individuals of Act (without the imposition of any sales Contracts, VLI Accounts, VA Accounts, diverse financial status, age, insurance charge) to provide proceeds to meet Participating Insurance Companies, needs and investment goals. An distribution needs. A Participating Plans, and investment advisers (or their Insurance Fund supporting even one Insurance Company will then make affiliates), only have, or will only have, type of Variable Contract must distributions in accordance with the rights with respect to their respective accommodate these diverse factors in terms of its VLI Contract and a Plan will shares of an Insurance Fund. These order to attract and retain purchasers. then make distributions in accordance parties can only redeem such shares at Permitting mixed and shared funding with the terms of the Plan. net asset value. No shareholder of an will provide economic support for the 37. Applicants considered whether it Insurance Fund has any preference over continuation of the Insurance Funds. is possible to provide an equitable any other shareholder with respect to Mixed and shared funding will broaden means of giving voting rights to VLI distribution of assets or payment of the base of potential Variable Contract Contract owners and Plans. In dividends. owner investors, which may facilitate connection with any meeting of 39. Applicants do not believe that the the establishment of additional Insurance Fund shareholders, the veto power of state insurance Insurance Funds serving diverse goals. Insurance Fund’s transfer agent will commissioners over certain potential 34. Applicants do not believe that the inform each Participating Insurance changes to Insurance Fund investment sale of the shares to Plans will increase Company and other Eligible 817(h) objectives approved by owners of VLI the potential for material irreconcilable Purchaser of their share holdings and Contracts creates conflicts between the conflicts of interest between or among provide other information necessary for interests of such owners and the different types of investors. In such shareholders to participate in the interests of Plan participants. particular, Applicants see very little meeting (e.g., proxy materials). Each Applicants note that a basic premise of potential for such conflicts beyond Participating Insurance Company then corporate democracy and shareholder those that would otherwise exist will solicit voting instructions from voting is that not all shareholders may between owners of VLI Contracts and owners of VLI Contracts and VA agree with a particular proposal. Their VA Contracts. Applicants submit that Contracts as required by either Rules interests and opinions may differ, but either there are no conflicts of interest 6e–2 or 6e–3(T), or Section this does not mean that inherent or that there exists the ability by the 12(d)(1)(E)(iii)(aa) of the Act, as conflicts of interest exist between or affected parties to resolve such conflicts applicable, and its Participation among such shareholders or that consistent with the best interests of VLI Agreement with the relevant Insurance occasional conflicts of interest that do Contract owners, VA Contract owners Fund. Shares held by a Participating occur between or among them are likely and Plan participants. Insurance Company general account to be irreconcilable. 35. Applicants considered whether will be voted by the Participating 40. Although Participating Insurance there are any issues raised under the Insurance Company in the same Companies may have to overcome Code, Treasury Regulations, or Revenue proportion of shares for which it regulatory impediments in redeeming Rulings thereunder, if Plans, VA receives voting instructions from its shares of an Insurance Fund held by Accounts, and VLI Accounts all invest Variable Contract owners. Shares held their VLI Accounts, the Plans and the in the same Insurance Fund. Section by Plans will be voted in accordance participants in participant-directed 817(h) of the Code is the culmination of with applicable law. The voting rights Plans can make decisions quickly and a series of Revenue Rulings aimed at the provided to Plans with respect to the redeem their shares in a Fund and control of investments by owners of shares would be no different from the reinvest in another investment company Variable Contracts. Section 817(h) is the voting rights that are provided to Plans or other funding vehicle without only Section of the Code that discusses with respect to shares of mutual funds impediments, or as is the case with most insurance company separate accounts. sold to the general public. Furthermore, Plans, hold cash pending suitable Treasury Regulation 1.817–5(f)(3)(iii), if a material irreconcilable conflict investment. As a result, conflicts
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between the interests of VLI Contract Participating Insurance Company, on owners by promoting economies of owners and the interests of Plans and the other, Applicants assert that little scale, permitting increased safety of Plan participants can usually be incentive for overreaching exists. investments through greater resolved quickly since the Plans can, on Furthermore, such investment should diversification, and making the addition their own, redeem their Insurance Fund not implicate the concerns discussed of new Insurance Funds more feasible. shares. above regarding the creation of material 48. Applicants also submit that, 41. Finally, Applicants considered irreconcilable conflicts. Instead, regardless of the type of shareholder in whether there is a potential for future permitting investments by an an Insurance Fund, its investment conflicts of interest between investment adviser (or its affiliates), or adviser (and the adviser’s affiliates) are Participating Insurance Companies and by general accounts of Participating or would be contractually and otherwise Plans created by future changes in the Insurance Companies, will permit the obligated to manage the Insurance Fund tax laws. Applicants do not see any orderly and efficient creation and solely and exclusively in accordance greater potential for material operation of an Insurance Fund, and with that Fund’s investment objectives, irreconcilable conflicts arising between reduce the expense and uncertainty of policies and restrictions, as well as any the interests of VLI Contract owners (or, using outside parties at the early stages guidelines established by the its board for that matter, VA Contract owners) of the Insurance Fund’s operations. of directors or trustees (a ‘‘Board’’). and Plan participants from future 46. Various factors have limited the Thus, each Insurance Fund will be changes in the federal tax laws than that number of insurance companies that managed in the same manner as any which already exists between VLI offer Variable Contracts. These factors other mutual fund. Contract owners and VA Contract include the costs of organizing and 49. Applicants see no significant legal owners. operating a funding vehicle, certain impediment to permitting mixed 42. Applicants recognize that the insurers’ lack of experience with respect funding, extended mixed funding and foregoing is not an all-inclusive list, but to investment management, and the lack shared funding. VLI Accounts rather is representative of issues that of name recognition by the public of historically have been employed to they believe are relevant to this certain insurance companies as accumulate shares of mutual funds that Application. Applicants believe that the investment experts. In particular, some are not affiliated with the depositor or discussion contained herein smaller life insurance companies may sponsor of the VLI Account. In demonstrates that the sale of Insurance not find it economically feasible, or particular, Applicants assert that sales Fund shares to Plans trustees would not within their investment or of Insurance Fund shares to Eligible increase the risk of material administrative expertise, to enter the 817(h) Purchasers, as described above, irreconcilable conflicts between the Variable Contract business on their own. will not have any adverse federal interests of Plan participants and VLI Use of an Insurance Fund as a common income tax consequences to other Contract owners or other investors. investment vehicle for VLI Accounts investors in such a Fund. Further, Applicants submit that the use would reduce or eliminate these 50. In addition, Applicants note that of the Insurance Funds with respect to concerns. Mixed and shared funding the Commission has issued numerous Plans is not substantially dissimilar should also provide several benefits to orders permitting mixed funding, from each Insurance Fund’s anticipated owners of VLI Contracts by eliminating extended mixed funding and shared use, in that Plans, like VLI Accounts, are a significant portion of the costs of funding. Therefore, granting the generally long-term investors. establishing and administering separate exemptions requested herein is in the 43. Applicants assert that permitting underlying funds. public interest and, as discussed above, an Insurance Fund to sell its shares to 47. Participating Insurance will not compromise the regulatory its investment adviser (or the adviser’s Companies will benefit not only from purposes of Sections 9(a), 13(a), 15(a), or affiliates) or to the general account of a the investment and administrative 15(b) of the Act or Rules 6e–2 or 6e–3(T) Participating Insurance Company will expertise of NYLIM and its affiliates, but thereunder. enhance management of each Insurance also from the potential cost efficiencies Applicants’ Conditions: Fund without raising significant and investment flexibility afforded by Applicants agree that the Commission concerns regarding material larger pools of funds. Mixed and shared order requested herein shall be subject irreconcilable conflicts among different funding also would permit a greater to the following conditions which shall types of investors. amount of assets available for apply to the Fund and any future trusts: 44. A potential source of initial investment by an Insurance Fund, 1. A majority of the Board of each capital is an Insurance Fund’s thereby promoting economies of scale, Insurance Fund will consist of persons investment adviser or a Participating by permitting increased safety through who are not ‘‘interested persons’’ of the Insurance Company. Either of these greater diversification, or by making the Insurance Fund, as defined by Section parties may have an interest in making addition of new Insurance Funds more 2(a)(19) of the Act, and the rules a capital investment and in assisting an feasible. Therefore, making the thereunder, and as modified by any Insurance Fund in its organization. Insurance Funds available for mixed applicable orders of the Commission, However, provision of seed capital or and shared funding will encourage more except that if this condition is not met the purchase of shares in connection insurance companies to offer VLI by reason of death, disqualification or with the management of an Insurance Accounts. This should result in bona fide resignation of any trustee or Fund by its investment adviser or by a increased competition with respect to trustees, then the operation of this Participating Insurance Company may both VLI Account design and pricing, condition will be suspended: (a) For a be deemed to violate the exclusivity which can in turn be expected to result period of 90 days if the vacancy or requirement of Rule 6e–2(b)(15) and/or in more product variety. Applicants also vacancies may be filled by the Board, (b) Rule 6e–3(T)(b)(15). assert that sale of shares in an Insurance for a period of 150 days if a vote of 45. Given the conditions of Treasury Fund to Plans, in addition to VLI shareholders is required to fill the Regulation 1.817–5(f)(3) and the Accounts and VA Accounts, will result vacancy or vacancies, or (c) for such harmony of interest between an in an increased amount of assets longer period as the Commission may Insurance Fund, on the one hand, and available for investment in an Insurance prescribe by order upon application, or its investment adviser (or affiliates) or a Fund. This may benefit VLI Account by future rule.
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2. The Board of each Insurance Fund Companies under their Participation participant voting instructions, if will monitor the Insurance Fund for the Agreement with an Insurance Fund, and applicable, and that decision represents existence of any material irreconcilable these responsibilities will be carried out a minority position or would preclude conflict between and among the with a view only to the interests of the a majority vote, the Plan may be interests of the owners of all VLI Variable Contract owners. The required, at the election of the Insurance Contracts and VA Contracts and responsibility to report such Fund, to withdraw its investment in the participants of all Plans investing in the information and conflicts, and to assist Insurance Fund, and no charge or Insurance Fund, and determine what the Board, also will be contractual penalty will be imposed as a result of action, if any, should be taken in obligations of all Plans under their such withdrawal. The responsibility to response to such conflicts. A material Participation Agreement with an take remedial action in the event of a irreconcilable conflict may arise for a Insurance Fund, and such agreements Board determination of a material variety of reasons, including: (a) An will provide that these responsibilities irreconcilable conflict and to bear the action by any state insurance regulatory will be carried out with a view only to cost of such remedial action will be a authority, (b) a change in applicable the interests of Plan participants. contractual obligation of all Participants federal or state insurance, tax, or 4. If it is determined by a majority of under their Participation Agreement securities laws or regulations, or a the Board of an Insurance Fund, or a with an Insurance Fund, and these public ruling, private letter ruling, no- majority of the disinterested directors/ responsibilities will be carried out with action or interpretive letter, or any trustees of such Board, that a material a view only to the interests of Variable similar action by insurance, tax or irreconcilable conflict exists, then the Contract owners or, as applicable, Plan securities regulatory authorities, (c) an relevant Participant will, at its expense participants. For purposes of this administrative or judicial decision in and to the extent reasonably practicable Condition 4, a majority of the any relevant proceeding, (d) the manner (as determined by a majority of the disinterested directors/trustees of the in which the investments of the disinterested directors/trustees), take Board of each Insurance Fund will Insurance Fund are being managed, (e) whatever steps are necessary to remedy determine whether or not any proposed a difference in voting instructions given or eliminate the material irreconcilable action adequately remedies any material irreconcilable conflict, but, in no event, by VA Contract owners, VLI Contract conflict, up to and including: (a) will the Insurance Fund or its owners, and Plans or Plan participants, Withdrawing the assets allocable to investment adviser be required to (f) a decision by a Participating some or all of their VLI Accounts or VA establish a new funding vehicle for any Insurance Company to disregard the Accounts from the Insurance Fund and Variable Contract or Plan. No voting instructions of contract owners; reinvesting such assets in a different Participating Insurance Company will or (g) if applicable, a decision by a Plan investment vehicle including another be required by this Condition 4 to to disregard the voting instructions of Insurance Fund, (b) in the case of a establish a new funding vehicle for any Plan participants. Participating Insurance Company, Variable Contract if any offer to do so 3. Participating Insurance Companies submitting the question as to whether has been declined by vote of a majority (on their own behalf, as well as by such segregation should be of the Contract owners materially and virtue of any investment of general implemented to a vote of all affected adversely affected by the material account assets in an Insurance Fund), an Variable Contract owners and, as irreconcilable conflict. Further, no Plan adviser and its affiliates, and any Plan appropriate, segregating the assets of will be required by this Condition 4 to that executes a Participation Agreement any appropriate group (i.e., VA Contract establish a new funding vehicle for the upon its becoming an owner of 10% or owners or VLI Contact owners of one or Plan if: (a) A majority of the Plan more of the net assets of an Insurance more Participating Insurance participants materially and adversely Fund (collectively, ‘‘Participants’’) will Companies) that votes in favor of such affected by the irreconcilable material report any potential or existing conflicts segregation, or offering to the affected conflict vote to decline such offer, or (b) to the Board of the Insurance Fund. Net Contract owners the option of making pursuant to documents governing the assets of an Insurance Fund will be such a change, (c) withdrawing the Plan, the Plan trustee makes such defined and calculated in accordance assets allocable to some or all of the decision without a Plan participant with the prospectus and as reflected in Plans from the affected Insurance Fund vote. the financial statements of the Insurance and reinvesting them in a different 5. The Board of each Insurance Fund’s Fund. Each Participant will be investment medium, and (d) determination of the existence of a responsible for assisting the Board in establishing a new registered material irreconcilable conflict and its carrying out the Board’s responsibilities management investment company or implications will be made known in under these conditions by providing the managed separate account. If a material writing promptly to all Participants. Board with all information reasonably irreconcilable conflict arises because of 6. Participating Insurance Companies necessary for the Board to consider any a decision by a Participating Insurance will provide pass-through voting issues raised. This responsibility Company to disregard Variable Contract privileges to all Variable Contract includes, but is not limited to, an owner voting instructions, and that owners whose Contracts are issued obligation by each Participating decision represents a minority position through registered VLI Accounts or Insurance Company to inform the Board or would preclude a majority vote, then registered VA Accounts for as long as whenever Variable Contract owner the Participating Insurance Company required by the Act as interpreted by the voting instructions are disregarded, and, may be required, at the election of the Commission. However, as to Variable if pass-through voting is applicable, an Insurance Fund, to withdraw such Contracts issued through VA Accounts obligation by each Plan to inform the Participating Insurance Company’s VA or VLI Accounts not registered as Board whenever it has determined to Account and VLI Account investments investment companies under the Act, disregard Plan participant voting in the Insurance Fund, and no charge or pass-through voting privileges will be instructions. The responsibility to report penalty will be imposed as a result of extended to owners of such Contracts to such information and conflicts, and to such withdrawal. If a material the extent granted by the Participating assist the Board, will be a contractual irreconcilable conflict arises because of Insurance Company. Accordingly, such obligation of all Participating Insurance a Plan’s decision to disregard Plan Participating Insurance Companies,
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where applicable, will vote the shares of rules the Commission may promulgate with regard to determining the existence each Insurance Fund held in their VLI thereto. of a conflict, notifying Participants of a Accounts and VA Accounts in a manner 9. An Insurance Fund will make its conflict and determining whether any consistent with voting instructions shares available to the VLI Accounts, proposed action adequately remedies a timely received from Variable Contract VA Accounts, and Plans at or about the conflict, will be properly recorded in owners. Participating Insurance time it accepts any capital from its the minutes of the Board or other Companies will be responsible for investment adviser (or affiliates) or from appropriate records, and such minutes assuring that each of their VLI and VA a general account of a Participating or other records shall be made available Accounts investing in an Insurance Insurance Company. to the Commission upon request. Fund calculates voting privileges in a 10. Each Insurance Fund has notified, 14. Each Insurance Fund will not manner consistent with all other or will notify, all Participants that accept a purchase order from a Plan if Participating Insurance Companies disclosure regarding potential risks of such purchase would make the Plan an investing in that Fund. The obligation to mixed and shared funding may be owner of 10 percent or more of the net calculate voting privileges as provided appropriate in VLI Account and VA assets of the Insurance Fund unless the in this Application shall be a Account prospectuses or Plan Plan executes an agreement with the contractual obligation of all documents. Each Insurance Fund will Insurance Fund governing participation Participating Insurance Companies disclose, in its prospectus that: (a) in the Insurance Fund that includes the under their Participation Agreement Shares of the Fund may be offered to conditions set forth herein to the extent with the Insurance Fund. Each both VA Accounts and VLI Accounts applicable. A Plan will execute an Participating Insurance Company will and, if applicable, to Plans, (b) due to application containing an vote shares of each Insurance Fund held differences in tax treatment and other acknowledgement of this condition at in its VLI or VA Accounts for which no considerations, the interests of various the time of its initial purchase of shares. timely voting instructions are received, Variable Contract owners participating 15. Each Insurance Fund will make its as well as shares held by its general in the Insurance Fund and the interests shares available through an Account at account or otherwise attributed to it, in of Plan participants investing in the or about the same time that the the same proportion as those shares for Insurance Fund, if applicable, may Insurance Fund receives any seed which voting instructions are received. conflict, and (c) the Insurance Fund’s money from the general account of a Each Plan will vote as required by Board will monitor events in order to Participating Insurance Company. Conclusion: applicable law, governing Plan identify the existence of any material For the reasons summarized above, documents and as provided in this irreconcilable conflicts and to determine applicants assert that the requested application. what action, if any, should be taken in response to any such conflicts. exemptions are appropriate in the 7. As long as the Act requires pass- 11. If and to the extent Rule 6e–2 and public interest and consistent with the through voting privileges to be provided Rule 6e–3(T) under the Act are protection of investors and the purposes to Variable Contract owners or the amended, or Rule 6e–3 under the Act is fairly intended by the policy and Commission interprets the Act to adopted, to provide exemptive relief provisions of the Act. require the same, an Insurance Fund from any provision of the Act, or the investment adviser (or its affiliates) or For the Commission, by the Division of rules thereunder, with respect to mixed Investment Management, pursuant to any general account will vote their or shared funding, on terms and delegated authority. shares of the Insurance Fund in the conditions materially different from any Florence E. Harmon, same proportion as all votes cast on exemptions granted in the order behalf of all Variable Contract owners Deputy Secretary. requested in this Application, then each [FR Doc. E9–4064 Filed 2–25–09; 8:45 am] having voting rights; provided, however, Insurance Fund and/or Participating BILLING CODE 8011–01–P that such an investment adviser (or Insurance Companies, as appropriate, affiliates) shall vote its shares in such shall take such steps as may be other manner as may be required by the necessary to comply with Rules 6e–2 or SECURITIES AND EXCHANGE Commission or its staff. 6e–3(T), as amended, or Rule 6e–3, to COMMISSION 8. Each Insurance Fund will comply the extent such rules are applicable. with all provisions of the Act requiring 12. Each Participant, at least annually, [Release No. 34–59425; File No. SR–CBOE– voting by shareholders (which, for these shall submit to the Board of each 2009–009] purposes, shall be the persons having a Insurance Fund such reports, materials Self-Regulatory Organizations; voting interest in its shares), and, in or data as the Board reasonably may Chicago Board Options Exchange, particular, the Insurance Fund will request so that the directors/trustees of Incorporated; Notice of Filing of a either provide for annual meetings the Board may fully carry out the Proposed Rule Change To Amend Its (except to the extent that the obligations imposed upon the Board by Rules Prohibiting Members From Commission may interpret Section 16 of the conditions contained in this Functioning as Market-Makers the Act not to require such meetings) or Application. Such reports, materials and comply with Section 16(c) of the Act data shall be submitted more frequently February 19, 2009. (although each Insurance Fund is not, or if deemed appropriate by the Board of Pursuant to Section 19(b)(1) of the will not be, one of those trusts of the an Insurance Fund. The obligations of Securities Exchange Act of 1934 (the type described in Section 16(c) of the the Participants to provide these reports, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Act), as well as with Section 16(a) of the materials and data to the Board, when notice is hereby given that on February Act and, if and when applicable, it so reasonably requests, shall be a 18, 2009, the Chicago Board Options Section 16(b) of the Act. Further, each contractual obligation of all Participants Exchange, Incorporated (the ‘‘Exchange’’ Insurance Fund will act in accordance under their Participation Agreement or ‘‘CBOE’’) filed with the Securities with the Commission’s interpretations with the Insurance Fund. and Exchange Commission (the of the requirements of Section 16(a) 13. All reports of potential or existing with respect to periodic elections of conflicts received by the Board of each 1 15 U.S.C. 78s(b)(1). directors/trustees and with whatever Insurance Fund, and all Board action 2 17 CFR 240.19b–4.
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‘‘Commission’’) the proposed rule the bids and offers of non-customers.3 Second, in those instances where the change as described in Items I, II, and The restrictions would no longer be restrictions are applicable, Rule 6.8C III below, which Items have been applicable to instances where a member currently provides that, in determining prepared by the Exchange. The is acting as principal on its own behalf whether a beneficial owner effectively is Commission is publishing this notice to or is acting as agent on behalf of other operating as a market maker, the solicit comments on the proposed rule broker-dealer orders or Voluntary Exchange will consider, among other change from interested persons. Professional orders (which are a sub- things, the simultaneous or near category of customer orders that are simultaneous entry of limit orders to I. Self-Regulatory Organization’s treated in the same manner as broker- buy and sell the same security, the entry Statement of the Terms of Substance of dealer orders).4 of multiple limit orders at different the Proposed Rule Change Rule 6.8C was adopted in 2001 to prices in the same security, and the The Exchange proposes to amend limit the ability of members that are not multiple acquisition and liquidation of Rule 6.8C, Prohibition Against Members Designated Primary Market-Makers or positions in the security during the Functioning as Market-Makers, to market makers to compete on same day. The Exchange is proposing to eliminate some of its restrictions. The preferential terms within CBOE’s remove this latter condition pertaining Exchange also proposes to make a automated systems. Because customer to the multiple acquisition and related cross-reference update to Rule orders are provided with certain liquidation of positions from its list of 1.1(fff), which pertains to Voluntary benefits such as priority of bids and factors used for determining whether a Professionals. The text of the proposed offers, the Exchange continues to beneficial owner is operating as a rule change is available on the believe that customer orders should be market maker. In light of the Exchange’s Web site (http:// subject to the Rule’s restrictions. proliferation of day trading activity and www.cboe.org/Legal), at the Office of the However, because broker-dealer orders the fact that such a prohibition does not Secretary, CBOE and at the Commission. are not subject to priority that is any exist on at least one other market,6 the better than market makers, the Exchange Exchange no longer believes this II. Self-Regulatory Organization’s no longer believes it is necessary to activity should be considered a factor in Statement of the Purpose of, and impose the Rule’s restrictions on the determining whether a beneficial owner Statutory Basis for, the Proposed Rule entry of broker-dealer orders. Similarly, is effectively acting as a market maker. Change because Voluntary Professionals are not 2. Statutory Basis In its filing with the Commission, the subject to priority that is any better than self-regulatory organization included market makers, the Exchange does not The Exchange believes the proposed statements concerning the purpose of believe it is necessary to impose the rule change is consistent with Section and basis for the proposed rule change Rule’s restrictions on Voluntary and discussed any comments it received Professionals.5 manner proposed. Members would continue to remain subject to the requirements of Rule 4.18 on the proposed rule change. The text (which requires members to establish, maintain and 3 of those statements may be examined at The Exchange notes that the Commission has enforce written policies and procedures reasonably previously found that it is consistent with the Act designed, taking into consideration the nature of the places specified in Item IV below. for an options exchange not to prohibit a user of its The Exchange has prepared summaries, such member’s business, to prevent the misuse of market from effectively operating as a market maker material, nonpublic information by such member or set forth in sections A, B, and C below, by holding itself out as willing to buy and sell persons associated with such member); Rule 6.9(e), of the most significant parts of such options contracts on a regular or continuous basis (which considers it conduct inconsistent with just without registering as a market maker. See statements. and equitable principles of trade and a violation of Securities Exchange Act Release No. 57478 (March Rule 4.1 for any member or person associated with 12, 2008), 73 FR 14521 (March 18, 2008) (SR– a member, who has knowledge of all material terms A. Self-Regulatory Organization’s NASDAQ–2007–004 and SR–NASDAQ–2007–080) Statement of the Purpose of, and the and conditions of an original order and a solicited (order approving, among other things, the rules order, including a facilitation order, that matches Statutory Basis for, the Proposed Rule governing the trading of options on the NASDAQ the original order’s limit, the execution of which are Change Options Market (‘‘NOM’’)). The Exchange also notes imminent, to enter, based on such knowledge, an that the Commission has published a rule proposal order to buy or sell an option of the same class as 1. Purpose for the NYSE Alternext U.S. LLC (‘‘Amex’’) that an option that is the subject of the original order, would only prohibit de facto market making or an order to buy or sell the security underlying The Exchange is proposing to amend through the use of customer orders, since customer such class, or an order to buy or sell any related Rule 6.8C in order to eliminate some of orders have priority at any price over the bids and instrument until either (i) all the terms and offers of non-customers but that would not prohibit conditions of the original order and any changes in its restrictions. First, Rule 6.8C such activity for other non-market maker broker- currently provides that a member, acting the terms and conditions of the original order of dealers. See Securities Exchange Act Release No. which that member or associated person has either as principal or agent, may neither 59142 (December 22, 2008), 73 FR 80494 (December knowledge are disclosed to the trading crowd or (ii) enter nor permit the entry of orders into 31, 2008) (SR–NYSEALTR–2008–14) (notice of the solicited trade can no longer reasonably be the Exchange’s electronic order routing proposal to, among other things, adopt rules considered imminent in view of the passage of time governing the trading of options on a new Amex since the solicitation); Rules 6.45A.01 and 6.45B.01 system if (i) the orders are limit orders trading platform). (which provide that order entry firms may not for the account or accounts of the same 4 A Voluntary Professional is a new category of execute as principal against orders they represent beneficial owner(s) and (ii) the limit non-member market participant on the Exchange. as agent unless: (i) agency orders are first exposed orders are entered in such a manner that The term ‘‘Voluntary Professional,’’ means any on the Hybrid System for at least one second, (ii) person or entity that is not a broker or dealer in the order entry firm has been bidding or offer for the beneficial owner(s) effectively is securities that elects, in writing, to be treated in the at least one second prior to receiving an agency operating as a market maker by holding same manner as a broker or dealer in securities for order that is executable against such bid or offer, itself out as willing to buy and sell such purposes of certain order handling, order execution, or (iii) the order entry firm proceeds in accordance securities on a regular or continuous and cancel fee calculation purposes. See Rule with the crossing rules contained in Rule 6.74); and 1.1(fff) and Securities Exchange Act Release No. Rules 6.45A.02 and 6.45B.02 (which provide that basis. The Exchange is proposing that 58327 (August 7, 2008), 73 FR 47988 (August 15, order entry firms must expose orders they represent these restrictions be amended to only be 2008) (SR–CBOE–2008–09). As part of this rule as agent for at least one second before such orders applicable to customer orders (i.e., non- change, the Exchange is proposing to amend Rule may be executed electronically via the electronic broker-dealer orders) that are not 1.1(fff) to provide that a Voluntary Professional will execution mechanism of the Hybrid System, in be treated in the same manner as a broker or dealer whole or in part, against orders solicited from Voluntary Professional orders (as in securities for purposes of Rule 6.8C. members and non-member broker-dealers to described below), since such customer 5 The Exchange notes that this rule change would transact with such orders). orders have priority at any price over only eliminate the restrictions of Rule 6.8C in the 6 See note 3, supra.
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6(b) of the Act,7 in general, and furthers Number SR–CBOE–2009–009 on the SECURITIES AND EXCHANGE the objectives of Section 6(b)(5) of the subject line. COMMISSION Act,8 in particular, in that it is designed to prevent fraudulent and manipulative Paper Comments [Release No. 34–59424; File No. SR– NASDAQ–2009–009] acts and practices, promote just and • Send paper comments in triplicate equitable principles of trade, remove to Elizabeth M. Murphy, Secretary, Self-Regulatory Organizations; The impediments to and perfect the Securities and Exchange Commission, NASDAQ Stock Market LLC; Notice of mechanisms of a free and open market 100 F Street, NE., Washington, DC Filing and Immediate Effectiveness of and a national market system, and, in 20549–1090. Proposed Rule Change To Clarify general, protect investors and the public Nasdaq’s Definition of ‘‘Controlled interest. The proposed changes to the All submissions should refer to File Company’’ rule should continue to contribute to the Number SR–CBOE–2009–009. This file Exchange’s ability to maintain a fair and number should be included on the February 19, 2009. orderly market in a manner that will subject line if e-mail is used. To help the Pursuant to Section 19(b)(1) of the limit unfair advantage and encourage Commission process and review your Securities Exchange Act of 1934 1 2 competition. comments more efficiently, please use (‘‘Act’’), and Rule 19b–4 thereunder, B. Self-Regulatory Organization’s only one method. The Commission will notice is hereby given that on February Statement on Burden on Competition post all comments on the Commission’s 10, 2009, The NASDAQ Stock Market Internet Web site (http://www.sec.gov/ LLC (‘‘Nasdaq’’) filed with the Securities CBOE does not believe that the and Exchange Commission rules/sro.shtml). Copies of the proposed rule change will impose any (‘‘Commission’’) the proposed rule submission, all subsequent burden on competition not necessary or change as described in Items I and II amendments, all written statements appropriate in furtherance of the below, which Items have been prepared purposes of the Act. with respect to the proposed rule by Nasdaq. Nasdaq has designated the change that are filed with the C. Self-Regulatory Organization’s proposed rule change as effecting a Commission, and all written Statement on Comments on the change described under Rule 19b–4(f)(6) Proposed Rule Change Received From communications relating to the under the Act,3 which renders the Members, Participants, or Others proposed rule change between the proposal effective upon filing with the Commission and any person, other than Commission. The Commission is No written comments were solicited those that may be withheld from the publishing this notice to solicit or received with respect to the proposed public in accordance with the rule change. comments on the proposed rule change provisions of 5 U.S.C. 552, will be from interested persons. III. Date of Effectiveness of the available for inspection and copying in I. Self-Regulatory Organization’s Proposed Rule Change and Timing for the Commission’s Public Reference Statement of the Terms of the Substance Commission Action Room, 100 F Street, NE., Washington, of the Proposed Rule Change Within 35 days of the date of DC 20549, on official business days publication of this notice in the Federal between the hours of 10 a.m. and 3 p.m. Nasdaq proposes to clarify its Register or within such longer period (i) Copies of such filing also will be definition of a ‘‘controlled company.’’ as the Commission may designate up to available for inspection and copying at Nasdaq will implement the proposed 90 days of such date if it finds such the principal office of the CBOE. All rule upon approval [sic]. The text of the longer period to be appropriate and comments received will be posted proposed rule change is below. 4 publishes its reasons for so finding or without change; the Commission does Proposed new language is in italics. (ii) as to which the self-regulatory not edit personal identifying * * * * * organization consents, the Commission information from submissions. You 4350. Qualitative Listing will: should submit only information that Requirements for Nasdaq Issuers Except (A) By order approve such proposed you wish to make available publicly. for Limited Partnerships. rule change, or (a)–(b) No change. (B) Institute proceedings to determine All submissions should refer to File (c) Independent Directors whether the proposed rule change Number SR–CBOE–2009–009 and (1)–(4) No change. should be disapproved. should be submitted on or before March (5) A Controlled Company is exempt 19, 2009. IV. Solicitation of Comments from the requirements of this Rule For the Commission, by the Division of 4350(c), except for the requirements of Interested persons are invited to subsection (c)(2) which pertain to submit written data, views, and Trading and Markets, pursuant to delegated 9 executive sessions of independent arguments concerning the foregoing, authority. Florence E. Harmon, directors. A Controlled Company is a including whether the proposed rule company of which more than 50% of change is consistent with the Act. Deputy Secretary. the voting power for the election of Comments may be submitted by any of [FR Doc. E9–4120 Filed 2–25–09; 8:45 am] directors is held by an individual, a the following methods: BILLING CODE 8011–01–P group or another company. A Controlled Electronic Comments Company relying upon this exemption must disclose in its annual meeting • Use the Commission’s Internet proxy statement (or, if the issuer does comment form (http://www.sec.gov/
rules/sro.shtml); or 1 • Send an e-mail to rule- 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. [email protected]. Please include File 3 17 CFR 240.19b–4(f)(6). 4 Changes are marked to the rule text that appears 7 15 U.S.C. 78f(b). in the electronic manual of Nasdaq found at 8 15 U.S.C. 78f(b)(5). 9 17 CFR 200.30–3(a)(12). http://nasdaqomx.cchwallstreet.com.
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not file a proxy, in its Form 10–K or 20– shareholder agreement exists relating Normally, a proposed rule change F) that it is a Controlled Company and only to the disposition of assets. filed under 19b–4(f)(6) may not become the basis for that determination. operative prior to 30 days after the date 2. Statutory Basis (d)–(n) No change. of filing. However, Rule 19b– * * * * * Nasdaq believes that the proposed 4(f)(6)(iii) 12 permits the Commission to rule change is consistent with the designate a shorter time if such action II. Self-Regulatory Organization’s provisions of Section 6 of the Act,8 in is consistent with the protection of Statement of the Purpose of, and general and with Section 6(b)(5) of the investors and the public interest. Statutory Basis for, the Proposed Rule 9 Act, in particular. Section 6(b)(5) Nasdaq requests that the Commission Change requires, among other things, that waive the 30-day waiting period.13 In its filing with the Commission, Nasdaq’s rules be designed to prevent Nasdaq believes that the proposed Nasdaq included statements concerning fraudulent and manipulative acts and rule change does not significantly affect the purpose of and basis for the practices, to promote just and equitable the protection of investors or the public proposed rule change and discussed any principles of trade, to remove interest because it provides comments it received on the proposed impediments to and perfect the transparency to Nasdaq’s existing rule change. The text of these statements mechanism of a free and open market interpretation of this Rule. Nasdaq may be examined at the places specified and a national market system and, in requests the waiver so that companies in Item IV below. Nasdaq has prepared general, to protect investors and the that file their annual reports and proxy summaries, set forth in Sections A, B, public interest. The proposed change is statements with the Commission during and C below, of the most significant consistent with these requirements in that period will have the benefit of this aspects of such statements. that it will prevent issuers from relying clarification. In that regard, Nasdaq on the exception when they are not notes that, depending on their filing A. Self-Regulatory Organization’s truly a ‘‘controlled company.’’ The Statement of the Purpose of, and deadline under the Commission’s rules, proposed rule change also will provide companies with fiscal year ends Statutory Basis for, the Proposed Rule a standard that is clear, straightforward Change between September 30, 2008 and and uniform for issuers to understand December 31, 2008, either just filed, or 1. Purpose and apply. are about to file, their annual reports The purpose of this rule filing is to B. Self-Regulatory Organization’s with the Commission and generally file clarify the definition of a ‘‘controlled Statement on Burden on Competition their proxy statements shortly company.’’ 5 Nasdaq currently allows a thereafter. Nasdaq does not believe that the The Commission believes that waiver ‘‘controlled company’’ to exempt itself proposed rule change will result in any from the requirements to have a of the operative date delay is burden on competition that is not appropriate, particularly because majority of independent directors on its necessary or appropriate in furtherance board and to have independent companies whose fiscal year recently of the purposes of the Act, as amended. compensation and nomination ended just filed, or are about to file, committees.6 Under Nasdaq’s rules, a C. Self-Regulatory Organization’s their annual reports with the ‘‘controlled company’’ is a company of Statement on Comments on the Commission, and proxy statements which more than 50% of the voting Proposed Rule Change Received From shortly thereafter, would have clarity power is held by an individual, group, Members, Participants, or Others regarding the controlled company or another company, and, in order for a Written comments were neither provision. Therefore, the Commission group to exist, the shareholders solicited nor received. believes that waiving the 30-day comprising the group must have operative delay is consistent with the publicly filed a notice that they are III. Date of Effectiveness of the protection of investors and the public acting as a group (e.g., a Schedule 13D).7 Proposed Rule Change and Timing for interest and designates the proposed Under Nasdaq’s current practice, in Commission Action rule change to be operative upon order for a company to be deemed a Because the foregoing rule does not: filing.14 controlled company, more than 50% of (i) Significantly affect the protection of At any time within 60 days of the the voting power for the election of investors or the public interest; (ii) filing of such proposed rule change, the directors must be held by an individual, impose any significant burden on Commission may summarily abrogate group or another company. Nasdaq competition; and (iii) become operative such rule change if it appears to the proposes to amend its definition of for 30 days from the date on which it Commission that such action is ‘‘controlled company’’ to provide was filed, or such shorter time as the necessary or appropriate in the public transparency to this interpretation and Commission may designate, if interest, for the protection of investors, to provide clarity to companies and consistent with the protection of or otherwise in furtherance of the investors about the availability of the investors and the public interest, it has purposes of the Act. ‘‘controlled company’’ exception. In become effective pursuant to Section IV. Solicitation of Comments applying the rule in this manner, 19(b)(3)(A) of the Act 10 and Rule 19b– Interested persons are invited to Nasdaq intends to limit the controlled 4(f)(6) thereunder.11 company exception to companies with submit written data, views, and shareholders who truly control that 8 15 U.S.C. 78f. arguments concerning the foregoing, company and its board composition. For 9 15 U.S.C. 78f(b)(5). example, the controlled company 10 15 U.S.C. 78s(b)(3)(A). Commission. The Commission notes that Nasdaq has satisfied the five-day pre-filing notice exception would not apply where a 11 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires that a self-regulatory requirement. organization submit to the Commission written 12 17 CFR 240.19b–4(f)(6)(iii). 5 Nasdaq previously proposed this change in SR– notice of its intent to file the proposed rule change, 13 17 CFR 240.19b–4(f)(6)(iii). NASDAQ–2008–005, which was withdrawn as of along with a brief description and text of the 14 For the purposes only of waiving the 30-day the date of this current filing. proposed rule change, at least five business days operative delay, the Commission has considered the 6 Nasdaq Rule 4350(c)(5). prior to the date of filing of the proposed rule proposed rule’s impact on efficiency, competition, 7 Nasdaq Rule 4350(c)(5) and Nasdaq IM–4350–7. change, or such shorter time as designated by the and capital formation. See 15 U.S.C. 78c(f).
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including whether the proposed rule SMALL BUSINESS ADMINISTRATION SUMMARY: We are giving notice that an change, as amended, is consistent with agreement coordinating the United the Act. Comments may be submitted by National Small Business Development States (U.S.) and the Polish social any of the following methods: Center Advisory Board security programs will enter into force Electronic Comments AGENCY: U.S. Small Business on March 1, 2009. The agreement with Administration (SBA). the Republic of Poland, which was • Use the Commission’s Internet ACTION: signed on April 2, 2008, is similar to comment form (http://www.sec.gov/ Notice of open Federal Advisory Committee meeting. U.S. social security agreements already rules/sro.shtml); or in force with 23 other countries— • Send an e-mail to rule- SUMMARY: The SBA is issuing this notice Australia, Austria, Belgium, Canada, [email protected]. Please include File to announce the location, date, time and Chile, the Czech Republic, Denmark, Number SR–NASDAQ–2009–009 on the agenda for the next meeting of the Finland, France, Germany, Greece, subject line. National Small Business Development Ireland, Italy, Japan, Korea (South), Paper Comments Center (SBDC) Advisory Board. Luxembourg, the Netherlands, Norway, DATES: The meeting will be held on • Portugal, Spain, Sweden, Switzerland Send paper comments in triplicate Tuesday, March 17, 2009 at 1 p.m. EST. and the United Kingdom. Agreements of to Elizabeth M. Murphy, Secretary, ADDRESSES: This meeting will be held this type are authorized by section 233 Securities and Exchange Commission, via conference call. of the Social Security Act. 42 U.S.C. Station Place, 100 F Street, NE., SUPPLEMENTARY INFORMATION: Washington, DC 20549–1090. Pursuant 433. to section 10(a) of the Federal Advisory All submissions should refer to File Like the other agreements, the U.S.- Committee Act (5 U.S.C. Appendix 2), Polish agreement eliminates dual social Number SR–NASDAQ–2009–009. This SBA announces the meeting of the file number should be included on the security coverage. This situation exists National SBDC Advisory Board. This when a worker from one country works subject line if e-mail is used. To help the Board provides advice and counsel to in the other country and is covered Commission process and review your the SBA Administrator and Associate under the social security systems of comments more efficiently, please use Administrator for Small Business only one method. The Commission will Development Centers. both countries for the same work. When post all comments on the Commission’s The purpose of this meeting is to dual coverage occurs without such Internet Web site (http://www.sec.gov/ discuss following issues pertaining to agreements in force, the worker, the rules/sro.shtml). Copies of the the SBDC Advisory Board: worker’s employer, or both may be submission, all subsequent —Board Wrap-Up of ASBDC Spring required to pay social security amendments, all written statements Meeting. contributions to the two countries with respect to the proposed rule —SBA Update. simultaneously. Under the U.S.-Polish change that are filed with the —Member Roundtable. agreement, a worker who is sent by an Commission, and all written FOR FURTHER INFORMATION CONTACT: The employer in one country to work in the communications relating to the meeting is open to the public; however, other country for 5 or fewer years proposed rule change between the advance notice of attendance is remains covered only by the sending Commission and any person, other than requested. Anyone wishing to be a country. The agreement includes those that may be withheld from the listening participant must contact additional rules that eliminate dual U.S. public in accordance with the Alanna Falcone by Friday, March 13, and Polish coverage in other work provisions of 5 U.S.C. 552, will be 2009, by fax or e-mail in order to be situations. available for inspection and copying in placed on the agenda. Alanna Falcone, The agreement also helps eliminate the Commission’s Public Reference Program Analyst, 409 Third Street, SW., Room on official business days between situations where workers suffer a loss of Washington, DC 20416, Phone, 202– benefit rights because they have divided the hours of 10 a.m. and 3 p.m. Copies 619–1612, Fax 202–481–0134, e-mail, of such filing also will be available for their careers between the two countries. [email protected]. Under the agreement, workers may inspection and copying at the principal Additionally, if you need qualify for partial U.S. benefits or partial office of Nasdaq. All comments received accommodations because of a disability will be posted without change; the or require additional information, please Polish benefits based on combined Commission does not edit personal contact Alanna Falcone at the (totalized) work credits from both identifying information from information above. countries. submissions. You should submit only Persons who would like a copy of the Bridget E. Bean, information that you wish to make agreement or want more information available publicly. Acting Committee Management Officer. about its provisions may write to the All submissions should refer to File [FR Doc. E9–4113 Filed 2–25–09; 8:45 am] Social Security Administration, Office Number SR–NASDAQ–2009–009 and BILLING CODE 8025–01–P of International Programs, Post Office should be submitted on or before March Box 17741, Baltimore, MD 21235–7741 19, 2009. or visit the Social Security Web site at For the Commission, by the Division of SOCIAL SECURITY ADMINISTRATION http://www.socialsecurity.gov/ Trading and Markets, pursuant to delegated [Docket No. SSA–2009–0002] international. authority.15 Florence E. Harmon, Agreement on Social Security Between Dated: February 20, 2009. Deputy Secretary. the United States and the Republic of Michael J. Astrue, [FR Doc. E9–4062 Filed 2–25–09; 8:45 am] Poland; Entry Into Force Commissioner of Social Security. [FR Doc. E9–4104 Filed 2–25–09; 8:45 am] BILLING CODE 8011–01–P AGENCY: Social Security Administration. BILLING CODE 4191–02–P ACTION: Notice. 15 17 CFR 200.30–3(a)(12).
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DEPARTMENT OF STATE • Average Hours per Response: 25 • Estimated Number of Respondents: minutes. 350 missions. [Public Notice: 6533] • Total Estimated Burden: 4,640 • Estimated Number of Responses: hours divided among the missions. 3,000 forms per year. Bureau of Diplomatic Security, Office • • of Foreign Missions Frequency: On occasion. Average Hours per Response: 10 • Obligation to Respond: Mandatory. minutes. Title: 60-Day Notice of Proposed • Title of Information Collection: • Total Estimated Burden: 498 hours Information Collection: Forms DS–2003 Notification of Appointment of divided among the missions. & DS–2004, Notification of Honorary Consular Officer. • Frequency: On occasion. Appointment of Foreign Diplomatic • OMB Control Number: 1405–0105. • Obligation to Respond: Mandatory. Officer, Career Consular Officer, and • Type of Request: Revision of • Title of Information Collection: Foreign Government Employee; Form currently approved collection. Notice of Termination of Diplomatic, DS–2005, Notification of Appointment • Originating Office: Diplomatic Consular, or Foreign Government of Honorary Consular Officer; Form DS– Security/Office of Foreign Missions (DS/ Employment. 2006, Notification of Change— OFM). • OMB Control Number: 1405–0105. Identification Card Request; Form DS– • Form Number: DS–2005. • Type of Request: Revision of 2007, Notification of Dependents of • Respondents: Foreign government currently approved collection. Diplomatic, Consular and Foreign representatives assigned to the United • Originating Office: Diplomatic Government Employees (Continuation States. Security/Office of Foreign Missions (DS/ Sheet); Form DS–2008, Notice of • Estimated Number of Respondents: OFM). Termination of Diplomatic, Consular, or 155 missions. • Form Numbers: DS–2008, & e–2008. Foreign Government Employment; • Estimated Number of Responses: • Respondents: Foreign government Forms DS–98 and DS–99, Application 200 forms per year. representatives assigned to the United for Diplomatic Exemption From Taxes • Average Hours per Response: 20 States. On; Forms DS–100, DS–101, DS–102, & minutes. • Estimated Number of Respondents: DS–104, Diplomatic Motor Vehicle • Total Estimated Burden: 67 hours 350 missions. Applications for: Vehicle Registration, divided among the missions. • Estimated Number of Responses: Title, & Replacement Plates; Department • Frequency: On occasion. 6,685 eGov responses. of State Form DS–1504; Request for • Obligation to Respond: Mandatory. • Average Hours per Response: 10 Customs Clearance of Merchandise; • Title of Information Collection: minutes. Form DS–1972, U.S. Department of Notification of Change—Identification • Total Estimated Burden: 1,110 State Driver License and Tax Exemption Card Request. hours divided among the missions. Card Application; Foreign Diplomatic • OMB Control Number: 1405–0105. • Frequency: On occasion. Services Applications, OMB Collection • Type of Request: Revision of • Obligation to Respond: Mandatory. Number 1405–0105. currently approved collection. • Title of Information Collection: ACTION: Notice of request for public • Originating Office: Diplomatic Application for Diplomatic Exemption comments. Security/Office of Foreign Missions (DS/ From Taxes. OFM). • OMB Control Number: 1405–0105. SUMMARY: The Department of State is • Form Numbers: DS–2006, & e–2006. • Type of Request: Revision of an seeking Office of Management and • Respondents: Foreign government approved collection. Budget (OMB) approval for the representatives assigned to the United • Originating Office: Diplomatic information collection described below. States. Security/Office of Foreign Missions (DS/ The purpose of this notice is to allow 60 • Estimated Number of Respondents: OFM). days for public comment in the Federal 350 missions. • Form Numbers: DS–98, DS–99, e– Register preceding submission to OMB. • Estimated Number of Responses: 98, & e–99. We are conducting this process in 8,116 responses (DS–2006: 7,124), (e– • Respondents: Eligible foreign accordance with the Paperwork 2006: 992). diplomatic or consular missions, certain Reduction Act of 1995. • Average Hours per Response: 9 foreign government organizations, and • Title of Information Collection: minutes. designated international organizations. Notification of Appointment of Foreign • Total Estimated Burden: 1,217 • Estimated Number of Respondents: Diplomatic Officer, Career Consular hours divided among the missions. 350. Officer, and Foreign Government • Frequency: On occasion. • Estimated Number of Responses: Employee. • Obligation to Respond: Mandatory. 5,089 eGov submissions (e–98: 2,413), • OMB Control Number: 1405–0105. • • Title of Information Collection: (e–99: 2,676). Type of Request: Revision of • currently approved collection. Notification of Dependents of Average Hours per Response: 15 • Diplomatic, Consular, and Foreign minutes. Originating Office: Diplomatic • Security/Office of Foreign Missions (DS/ Government Employees (Continuation Total Estimated Burden: 1,272 OFM). Sheet). hours. • • OMB Control Number: 1405–0105. • Frequency: On occasion. Form Numbers: DS–2003, DS–2004, • & e–2003. • Type of Request: Revision of Obligation to Respond: Required to • Respondents: Foreign government currently approved collection. obtain or retain a benefit. representatives assigned to the United • Originating Office: Diplomatic • Title of Information Collection: States. Security/Office of Foreign Missions (DS/ Diplomatic Motor Vehicle Applications • Estimated Number of Respondents: OFM). for: Vehicle Registration, Title, & 350 missions. • Form Number: DS–2007. Replacement Plates. • Estimated Number of Responses: • Respondents: Foreign government • OMB Control Number: 1405–0105. 11,154 responses (DS–2003: 800), (DS– representatives assigned to the United • Type of Request: Revision of a 2004: 1654), & (e–2003: 8,700). States. currently approved collection.
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• Originating Office: Diplomatic DATES: The Department will accept 0105, are the means by which the Security/Office of Foreign Missions (DS/ comments from the public up to 60 days Department provide customs duty-free OFM). from date of publication in the Federal entry privileges, exemption from taxes • Form Numbers: DS–100, DS–101, Register. on the use of public utilities and the DS–102, & DS–104. ADDRESSES: You may submit comments purchase of gasoline and other motor • Respondents: Foreign government by either of the following methods: fuels, the issuance of a driver license representatives assigned to the United • E-mail: [email protected]. and/or a sales tax exemption card for States. • Mail: U.S. Department of State, foreign mission personnel and their • Estimated Number of Respondents: Diplomatic Security, Office of Foreign dependents. In addition, DS–100, DS– 350. Missions, 2201 C Street, NW., Room 101, DS–102, & DS–104 are the means • Estimated Number of Responses: 2238, Washington, DC 20520. by which the Department provides 14,865. You must include the DS form number, foreign missions and their members • Average Hours per Response: 30 information collection title, and OMB with registration, titling, and issuance of minutes. control number in any correspondence. license plates for motor vehicles they • Total Estimated Burden: 7,433. own/operate. These are ‘‘benefits’’ • FOR FURTHER INFORMATION CONTACT: Frequency: On occasion. designated under the Foreign Missions • Direct requests for additional Obligation to Respond: Required to information regarding the collection Act, 22 U.S.C. 4301 et seq. (FMA), and obtain or retain a benefit. listed in this notice, including requests must be obtained through the U.S. • Title of Information Collection: for copies of the proposed information Department of State. The applications Request for Customs Clearance of collection and supporting documents, to provide the Department with the Merchandise. Attn: Jacqueline Robinson, Diplomatic information necessary to administer the • OMB Control Number: 1405–0105. benefits effectively and efficiently and • Security, Office of Foreign Missions, Type of Request: Revision of a 2201 C Street, NW., Room 2238, to monitor compliance with local laws, currently approved collection. including the ability to identify and take • Washington, DC 20520, who may be Originating Office: Diplomatic reached on (202) 647–3416 or action against motor vehicle operators Security/Office of Foreign Missions (DS/ [email protected]. who receive traffic citations. It also OFM). facilitates the Department’s ability to • SUPPLEMENTARY INFORMATION: We are Form Number: DS–1504. monitor and enforce the compliance • soliciting public comments to permit Respondents: Foreign government with Federal laws regarding liability representatives assigned to the United the Department to: • Evaluate whether the proposed insurance for all foreign mission- States. operated motor vehicles. FMA, 22 • Estimated Number of Respondents: information collection is necessary for the proper performance of our U.S.C. 4303a; 22 CFR part 151. 350. Methodology: These applications/ • Estimated Number of Responses: functions. • Evaluate the accuracy of our information collections are submitted by 7,938. all foreign missions to the Office of • Average Hours per Response: 30 estimate of the burden of the proposed Foreign Missions via the following minutes. collection, including the validity of the methods: Mail, personal delivery, and/ • Total Estimated Burden: 3,969 methodology and assumptions used. or electronically. hours. • Enhance the quality, utility, and • Frequency: On occasion. clarity of the information to be Dated: January 30, 2009. • Obligation to Respond: Required to collected. Robert D. Barton, • obtain or retain a benefit. Minimize the reporting burden on Managing Director, Bureau of Diplomatic • Title of Information Collection: U.S. those who are to respond, including the Security, Office of Foreign Missions, U.S. Department of State Driver License and use of automated collection techniques Department of State. Tax Exemption Card Application. or other forms of technology. [FR Doc. E9–4139 Filed 2–25–09; 8:45 am] • OMB Control Number: 1405–0105. Abstract of Proposed Collection: The BILLING CODE 4710–43–P • Type of Request: Revision of a Foreign Diplomatic Service currently approved collection. Applications (FDSA) associated with • Originating Office: Diplomatic OMB Collection number 1405–0105 DEPARTMENT OF STATE (DS–2003, DS–2004, DS–2005, DS– Security/Office of Foreign Missions (DS/ [Delegation of Authority No. 245–1] OFM). 2006, DS–2007, and DS–2008) are the • Form Numbers: DS–1972, DS– means by which the Department of State Delegation From the Secretary to the 1972D, DS–1972T. obtains the information necessary to Deputy Secretary and the Deputy • Respondents: Foreign government accept the appointments and Secretary for Management and representatives assigned to the United terminations of foreign government Resources of Authorities of the States. employees and diplomatic, career and Secretary of State • Estimated Number of Respondents: honorary consular officers serving in the 350 foreign missions. United States; their dependents and By virtue of the authority vested in • Estimated Number of Responses: personal servants accompanying them me as Secretary of State by the laws of 12,725 responses (DS–1972: 1,402), on tours-of-duty in the United States; to the United States, including 22 U.S.C. (DS–1972D: 6,282), (DS–1972T: 5,041). issue documents or update information 2651a, I hereby delegate to the Deputy • Average Hours per Response: DS– previously submitted; to extend or Secretary and the Deputy Secretary for 1972 (30 minutes), DS–1972D (20 terminate privileges and immunities Management and Resources, to the minutes), DS–1972T (15 minutes). accorded under the Vienna Convention extent authorized by law, all authorities • Total Estimated Burden: 4,053 on Diplomatic Relations, 1961 and the and functions vested in the Secretary of hours. Vienna Convention on Consular State or the head of agency by any act, • Frequency: On occasion. Relations, 1963. Also, FDSA DS–1504, order, determination, delegation of • Obligation to Respond: Required to DS–98, DS–99, and DS–1972, also authority, regulation, or executive order, obtain or retain benefits. associated with OMB number 1405– now or hereafter issued.
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This Delegation includes all This Delegation of Authority DEPARTMENT OF TRANSPORTATION authorities and functions that have been supersedes Delegation of Authority 284, or may be delegated or redelegated to dated August 26, 2005. Federal Aviation Administration other Department officials but does not This memorandum shall be published repeal delegations to such officials. in the Federal Register. Eighth Meeting, RTCA Special Notwithstanding this delegation of Committee 216: Aeronautical System Dated: February 13, 2009. Security authority, the Secretary of State may Hillary Rodham Clinton, exercise any function or authority Secretary of State, Department of State. AGENCY: Federal Aviation delegated by this delegation. Administration (FAA), DOT. The Deputy Secretary or Deputy [FR Doc. E9–4143 Filed 2–25–09; 8:45 am] Secretary for Management and BILLING CODE 4710–10–P ACTION: Notice of RTCA Special Resources may, to the extent consistent Committee 216 meeting Aeronautical with law, (1) redelegate such functions Systems Security. DEPARTMENT OF STATE and authorities and authorize their SUMMARY: The FAA is issuing this notice successive redelegation, and (2) [Delegation of Authority No. 280–1] promulgate such rules and regulations to advise the public of a meeting of as may be necessary to carry out such Delegation by the Secretary of State to RTCA Special Committee 216: functions. the Under Secretary for Political Affairs Aeronautical Systems Security. This Delegation of Authority of Authorities Regarding DATES: The meeting will be held on supersedes Delegation of Authority 245, Congressional Reporting Functions March 18–20, 2009. March 18–19, from dated April 23, 2001. 9 a.m. to 5 p.m., and March 20, from 9 By virtue of the authority vested in This memorandum shall be published a.m. to 12 p.m. me as Secretary of State by the laws of in the Federal Register. the United States, including 22 U.S.C. ADDRESSES: RTCA, Inc., 1828 L Street, Dated: February 13, 2009. 2651a, I hereby assign to the Under NW., Suite 805, Washington, DC 20036. Hillary Rodham Clinton, Secretary of State for Political Affairs, to FOR FURTHER INFORMATION CONTACT: Secretary of State, Department of State. the extent authorized by law, the RTCA Secretariat, 1828 L Street, NW., [FR Doc. E9–4142 Filed 2–25–09; 8:45 am] function of approving submission of Suite 805, Washington, DC 20036–5133; BILLING CODE 4710–10–P reports to the Congress. telephone (202) 833–9339; fax (202) This delegation covers the decision to 833–9434; Web site http://www.rtca.org. submit to the Congress both one-time SUPPLEMENTARY INFORMATION: Pursuant DEPARTMENT OF STATE reports and recurring reports, including to section 10(a)(2) of the Federal but not limited to those recurring Advisory Committee Act (Pub. L. 92– [Delegation of Authority 284–1] reports identified in Section 1 of 463, 5 U.S.C., Appendix 2), notice is Executive Order 13313 (Delegation of hereby given for a Special Committee Delegation of Authority to the Under Certain Congressional Reporting 216 meeting. The agenda will include: Functions) of July 31, 2003. However, Secretary for Political Affairs • Opening Session (Welcome, this delegation shall not be construed to Introductions and Administrative By virtue of the authority vested in authorize the Under Secretary to make me as Secretary of State by the laws of Remarks, Agenda Overview). waivers, certifications, determinations, • the United States, including 22 U.S.C. findings, or other such statutorily Approval of Summary of the 2651a, I hereby delegate to the Under required substantive actions that may be Seventh meeting held on 14–16 January, Secretary for Political Affairs, to the called for in connection with the RTCA Paper No. 039–09/SC216–015. • extent authorized by law, all authorities submission of a report. The Under Report on PMC Action on TOR. and functions vested in the Secretary of Secretary shall be responsible for • Subgroup and Action Item Reports. State or the head of agency by any act, referring to the Secretary, the Deputy • EUROCAE WG–72 Report. order, determination, delegation of Secretary, or the Deputy Secretary for • Other Industry Activities Related to authority, regulation, or executive order, Management and Resources any matter Security—Reports and Presentations. now or hereafter issued. This delegation on which action would appropriately be • Subgroup Breakout Sessions. includes all authorities and functions taken by such official. • Subgroups Report on Breakouts. that have been or may be delegated or Any authority covered by this • Establish Dates, Location and redelegated to other Department delegation may also be exercised by the officials but does not repeal delegations Agenda for Next Meeting. Deputy Secretary and the Deputy • to such officials. Secretary for Management and Closing Session (Any Other This delegation shall apply only when Resources, to the extent authorized by Business, Assignment/Review of Future the Secretary, the Deputy Secretary, and law, or by the Secretary of State. Work, Establish Agenda, Date and Place the Deputy Secretary for Management This Delegation of Authority of Next Meeting, Closing Remarks, and Resources are absent or otherwise supersedes Delegation of Authority 280, Adjourn). unavailable or when the Secretary or dated May 2, 2005. This delegation does Attendance is open to the interested either Deputy Secretary requests that the not repeal delegations to other public but limited to space availability. Under Secretary exercise such Department officials. With the approval of the chairmen, authorities and functions. This delegation of authority shall be members of the public may present oral Notwithstanding this delegation of published in the Federal Register. statements at the meeting. Persons authority, the Secretary of State, the wishing to present statements or obtain Deputy Secretary of State and the Dated: February 13, 2009. information should contact the person Deputy Secretary of State for Hillary Rodham Clinton, listed in the FOR FURTHER INFORMATION Management and Resources may Secretary of State, Department of State. CONTACT section. Members of the public exercise any function or authority [FR Doc. E9–4145 Filed 2–25–09; 8:45 am] may present a written statement to the delegated by this delegation. BILLING CODE 4710–10–P committee at any time.
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Issued in Washington, DC, on February 19, FOR FURTHER INFORMATION CONTACT: Determination: The public agency did 2009. Dave Stelling, Helena Airports District not provide sufficient documentation to Bob Bostiga, Office, (406) 449–5257. justify the level of financing and interest Program Manager, RTCA Advisory Public Agency: Indian Wells Valley costs requested. Therefore, the FAA Committee. Airport District, Inyokern, California. reduced the requested financing costs. [FR Doc. E9–4075 Filed 2–25–09; 8:45 am] Application Number: 09–06–C–00– Cyclical airfield rehabilitation. BILLING CODE 4910–13–P IYK. Determination: The public agency Application Type: Impose And Use A requested that this project be solely PFC. funded with PFC revenue. However, DEPARTMENT OF TRANSPORTATION PFC Level: $4.50. after the application had been Total PFC Revenue Approved in This Federal Aviation Administration submitted, the public agency received Decision: $502,105. two Airport Improvement Program (AlP) Earliest Charge Effective Date: March Notice of Passenger Facility Charge grants providing partially funding for 1, 2009. (PFC) Approvals and Disapprovals two project components. Therefore, the Estimated Charge Expiration Date: FAA reduced the approved PFC amount AGENCY: Federal Aviation March 1, 2019. to account for the two AlP grants. In Administration (FAA), DOT. Class of Air Carriers not Required to addition, the public agency requested, ACTION: Monthly Notice of PFC Collect PFC’s: None. by letter dated December 19, 2008, that Approvals and Disapprovals. In January Brief Description of Projects Approved three proposed components be 2009, there were three applications for Collection and Use: withdrawn from the project. Finally, the approved. This notice also includes PFC application costs. public agency did not provide sufficient information on one application, Terminal building improvements. documentation to justify the level of approved in December 2008, Airfield electrical improvements. financing and interest costs requested. inadvertently left off the December 2008 Power sweeper truck. Therefore, the FAA reduced the notice. Additionally, 16 approved Brief Description of Projects Approved requested financing costs. amendments to previously approved for Collection: applications are listed. Explosive detection system in-line Runway 2/20, taxiway, apron, and baggage system. SUMMARY: The FAA publishes a monthly access road rehabilitation. Determination: Offices and training notice, as appropriate, of PFC approvals Runway 2/20 reconstruction. rooms for the Transportation Security and disapprovals under the provisions Taxiway Al construction. Administration are not PFC eligible, in of the Aviation Safety and Capacity Runway 15/33 reconstruction. accordance with paragraph 611 of FAA Expansion Act of 1990 (Title IX of the Decision Date: January 16, 2009. Order 5100/.38C, AlP Handbook (June Omnibus Budget Reconciliation Act of FOR FURTHER INFORMATION CONTACT: 28, 2005). In addition, the public agency 1990) (Pub. L. 101–508) and Part 158 of Darlene Williams, Los Angeles Airports did not provide sufficient the Federal Aviation Regulations (14 District Office, (310) 725–3625. documentation to justify the level of CFR Part 158). This notice is published Public Agency: City Of Chicago, financing and interest costs requested. pursuant to paragraph d of § 158.29. Illinois. Therefore, the FAA reduced the PFC Applications Approved Applications Number: 07–12–C–00– requested financing costs. Mdw. Public Agency: Gallatin Airport Application Type: Impose And Use A School soundproofing 2005–2008. Authority, Belgrade, Montana. Pfc. Determination: The public agency Application Number: 09–04–C–00– PFC Level: $4.50. provided revised, reduced costs to the BZN. Total PFC Revenue Approved In This FAA on January 8, 2009. Therefore, the Application Type: Impose and use a Decision: $501,933,168. approved amount was reduced from that PFC. requested in the application. In PFC Level: $4.50. Earliest Charge Effective Date: TOTAL PFC Revenue Approved in September 1, 2038. addition, the public agency did not This Decision: $2,200,000. Estimated Charge Expiration Date: provide sufficient documentation to Earliest Charge Effective Date: November 1, 2053. justify the level of financing and interest February 1, 2010. Class of Air Carriers not Required to costs requested. Therefore, the FAA Estimated Charge Expiration Date: Collect PFC’s: Air Taxi. reduced the requested financing costs. February 1, 2012. Determination: Approved. Based on Brief Description of Projects Partially Class of Air Carriers not Required to information submitted in the public Approved for Collection and Use at a Collect PFC’S: Air taxi/commercial agency’s application, the FAA has $3.00 PFC Level: Vehicle acquisitions operators filing FAA Form 1800–31. determined that the approved class 2005–2011. Determination: Approved. Based on accounts for less than 1 percent of the Determination: The public agency did information submitted in the public total annual enplanements at Chicago not provide cost information for the agency’s application, the FAA has Midway International Airport. purchase of one runway broom nor was determined that the approved class Brief Description of Partially Projects there evidence that the acquisition of accounts for less than 1 percent of the Approved for Collection and Use at a this vehicle had been discussed in the total annual enplanements at Gallatin $4.50 PFC Level: Residential airline consultation. Therefore, the Field. soundproofing (2005–2011). acquisition of one runway broom was Brief Description of Projects Approved Determination: The public agency did not approved. In addition, the public for Collection and Use: not provide sufficient documentation to agency did not provide sufficient Terminal expansion, preliminary justify the level of financing and interest documentation to justify the level of design. costs requested. Therefore, the FAA financing and interest costs requested. Purchase express ramp loading bridge. reduced the requested financing costs. Therefore, the FAA reduced the Decision Date: December 30, 2008. North security hall expansion. requested financing costs.
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Land Acquisition, Runway Protection 63 Street; acquisition and demolition of Estimated Charge Expiration Date: Zone: 6301 South Cicero Avenue; and 5700 West 55th Street, 632353 South June 1, 2022. 4735–39 West 63rd Street. Cicero Avenue, 5600 West 631d Street, Class of Air Carriers Not Required to Determination: The public agency did 5448 West 55th Street, and 5544–42 Collect PFC’s: None. not provide sufficient documentation to West 55th Street. Brief Description of Projects Approved justify the level of financing and interest Determination: The public agency did for Collection and Use: costs requested. Therefore, the FAA not provide sufficient documentation to Planning studies. reduced the requested financing costs. justify the level of financing and interest Rehabilitate pavement. Concourse A infill. costs requested. Therefore, the FAA Acquire land. Determination: Several components of reduced the requested financing costs. Aircraft rescue and firefighting the project dealing with airlines Decision Date: January 21, 2009. improvements. Construct fuel farm. operations and concessions spaces are FOR FURTHER INFORMATION CONTACT: Acquire airfield equipment. not PFC eligible in accordance with Amy Hanson, Chicago Airports District Enhance security. paragraph 611 of FAA Order 5100.38C, Office, (847) 294–7354. AlP Handbook (June 28, 2005). In Improve terminal. Public Agency: City of Laredo, Texas. addition, the public agency did not PFC audit fees. provide sufficient documentation to Application Number: 09–03–C–00– Brief Description of Disapproved justify the level of financing and interest Lrd. Project: Lighting fixtures for new costs requested. Therefore, the FAA Application Type: Impose And Use A employee parking lot. reduced the requested financing costs. Pfc. Determination: This project is not PFC Brief Description of Projects Partially PFC Level: $4.50. eligible in accordance with § 158.15(b). Approved for Collection at a $3.00 PFC Total PFC Revenue Approved in this Decision Date: January 21, 2009. Level: Land acquisition, runway Decision: $7,852,765. FOR FURTHER INFORMATION CONTACT: protection zone: demolition of 6301 Earliest Charge Effective Date: January Guillermo Villalobos, Texas Airport South Cicero Avenue and 4735–39 West 1, 2013. Development Office, (817) 222–5657.
AMENDMENTS TO PFC APPROVALS
Original ap- Amended ap- Original esti- Amended esti- Amendment No., city, state Amendment proved net proved net mated charge mated charge approved date PFC revenue PFC revenue exp. date exp. date
08–05–C–01–UNV, State College, PA ...... 12/24/08 $4,139,384 $4,338,028 12/01/13 12/01/14 93–01–C–01–IWD, Ironwood, MI ...... 01/05/09 74,690 90,531 10/01/06 10/01/06 07–02–C–01–IWD, Ironwood, MI ...... 01/05/09 133,060 128,549 02/01/17 02/01/26 05–09–C–06–CVG, Covington, KY ...... 01/08/09 41,388,000 38,846,000 08/01/11 06/01/11 01–04–C–02–GJT, Grand Junction, CO ...... 01/12/09 1,730,000 1,683,922 07/01/07 09/01/06 03–10–C–01–MDW, Chicago, IL ...... 01/13/08 1,550,000 0 02/01/40 09/01/38 05–03–C–01–BZN, Belgrade, MT ...... 01/13/09 2,891,180 2,115,410 02/01/10 03/01/09 03–03–C–02–ABY, Albany, GA ...... 01/14/09 512,749 457,111 02/01/08 02/01/08 97–02–C–02–CHA, Chattanooga, TN ...... 01/14/09 150,000 103,900 02/01/05 02/01/05 02–07–C–04–MKE, Milwaukee, WI ...... 01/14/09 38,807,888 35,786,991 03/01/17 02/01/16 03–09–U–03–MKE, Milwaukee, WI ...... 01/14/09 NA NA 03/01/17 02/01/16 06–13–C–02–MKE, Milwaukee, WI ...... 01/14/09 51,947,402 51,853,683 06/01/24 09/01/19 *92–01–1–03–ITH, Ithaca, NY ...... 01/15/09 6,332,880 6,332,880 01/01/99 01/01/15 94–02–C–03–ITH, Ithaca, NY ...... 01/15/09 539,732 539,732 10/01/13 05/01/16 00–04–C–02–TUL, Tulsa, OK ...... 01/15/09 17,900,000 17,900,000 07/01/04 05/01/04 03–05–C–01–ATW, Appleton, WI ...... 01/23/09 318,170 318,410 10/01/08 09/01/08
The amendment denoted by an DEPARTMENT OF TRANSPORTATION under SUPPLEMENTARY INFORMATION . We asterisk (*) includes a change to the PFC are required to publish this notice in the level charged from $3.00 per enplaned Federal Highway Administration Federal Register by the Paperwork passenger to $4.50 per enplaned Reduction Act of 1995. passenger. For Ithaca, NY, this change is [Docket No. FHWA–2009–0020] DATES: Please submit comments by effective on March 1, 2009. Agency Information Collection April 27, 2009. Issued in Washington, DC on February 12, Activities: Request for Comments for ADDRESSES: You may submit comments 2009. New Information Collection; Truck identified by DOT Docket ID Number FHWA–2009–0020 by any of the Joe Hebert, Congestion Information Assessment following methods: Manager, Financial Analysis and Passenger AGENCY: Federal Highway Web Site: For access to the docket to Facility Charge Branch. Administration (FHWA), DOT. read background documents or [FR Doc. E9–3826 Filed 2–25–09; 8:45 am] ACTION: Notice and request for comments received go to the Federal BILLING CODE 4910–13–M comments. eRulemaking Portal: http:// www.regulations.gov. Follow the online SUMMARY: The FHWA invites public instructions for submitting comments. comments about our intention to request Fax: 1–202–493–2251. the Office of Management and Budget’s Mail: Docket Management Facility, (OMB) approval for a new information U.S. Department of Transportation, collection, which is summarized below West Building Ground Floor, Room
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W12–140, 1200 New Jersey Avenue, SE., Estimated Total Annual Burden Fax: 1–202–493–2251. Washington, DC 20590–0001. Hours: Approximately 4,380 hours in Mail: Docket Management Facility, Hand Delivery or Courier: U.S. the first year, 7,665 the second year, and U.S. Department of Transportation, Department of Transportation, West 9,855 the third year. Totaling 21,900 West Building Ground Floor, Room Building Ground Floor, Room W12–140, hours. W12–140, 1200 New Jersey Avenue, SE., 1200 New Jersey Avenue, SE., Public Comments Invited: You are Washington, DC 20590–0001. Washington, DC 20590, between 9 a.m. asked to comment on any aspect of this Hand Delivery or Courier: U.S. and 5 p.m. ET, Monday through Friday, information collection, including: (1) Department of Transportation, West except Federal holidays. Whether the proposed collection is Building Ground Floor, Room W12–140, FOR FURTHER INFORMATION CONTACT: necessary for the FHWA’s performance; 1200 New Jersey Avenue, SE., David Jones, 202–366–5053, Federal (2) the accuracy of the estimated Washington, DC 20590, between 9 a.m. Highway Administration, Department of burdens; (3) ways for the FHWA to and 5 p.m. ET, Monday through Friday, Transportation, Office of Highway enhance the quality, usefulness, and except Federal holidays. Policy Information, 1200 New Jersey clarity of the collected information; and FOR FURTHER INFORMATION CONTACT: Avenue, SE., Washington, DC 20590. (4) ways that the burden could be Thomas Granda, PhD, Team Leader, Office hours are from 8 a.m. to 5 p.m., minimized, including the use of Human Centered Systems, Office of Monday through Friday, except Federal electronic technology, without reducing Safety Research and Development, holidays. the quality of the collected information. HRDS–07, Turner-Fairbank Highway SUPPLEMENTARY INFORMATION: The agency will summarize and/or Research Center, Federal Highway Title: Truck Congestion Information include your comments in the request Administration, 6300 Georgetown Pike, Assessment. for OMB’s clearance of this information McLean, VA 22101, tel. 202–493–3365 Background: The Federal Highway collection. between 8 a.m. and 5:30 p.m., Monday through Friday, except Federal holidays, Administration’s (FHWA) ability to Authority: The Paperwork Reduction Act assess congestion is critical for our of 1995; 44 U.S.C. Chapter 35, as amended; or Paul J. Tremont, PhD, (same address) national leadership role. Highway traffic and 49 CFR 1.48. at 202–493–3338. congestion causes an estimated 3.5 SUPPLEMENTARY INFORMATION: billion hours of delays per year in 75 of Issued on: February 20, 2009. Title: FHWA Laboratory and Field the largest metropolitan areas. James R. Kabel, Research. The volume of freight, the mix of Chief, Management Programs and Analysis Background: The FHWA invites goods, and the way they are moved has Division. public comments on our intention to changed dramatically and highway [FR Doc. E9–4097 Filed 2–25–09; 8:45 am] request the Office of Management and system improvements have not kept BILLING CODE 4910–22–P Budget (OMB) to approve a total of 30 pace with the growth and demand for laboratory/field research studies that freight transportation, resulting in will include collections of information congestion on our Nation’s highways DEPARTMENT OF TRANSPORTATION from the general public. These studies and straining other freight modes as will be conducted over a period not to well. Federal Highway Administration exceed three years with a total burden The purpose of this research is to [U.S. DOT Docket No. FHWA–2008–0183] of approximately 5250 hours and an collect highway congestion information annual burden of approximately 1750 to assess highway system performance FHWA Laboratory and Field Research; hours. and validate findings of the report on Agency Information Collection Activity These collections are integral to the bottlenecks produced from Speed, Under OMB Review performance of various analytical, field, Highway Performance Monitoring and laboratory human factors research AGENCY: System (HPMS) and Freight Analysis Federal Highway projects that FHWA plans to conduct in Framework (FAF) data. Administration, DOT. support of its mission of improving The selected service provider will ACTION: Request for comments. safety and increasing mobility on our establish, promote, collect and analyze Nation’s highways through National SUMMARY: The FHWA invites the public data from a developed system to provide Leadership, Innovation, and Program to comment on our intention to request easy access 24 hours a day, 7 days a Delivery. the Office of Management and Budget week allowing the roadway user a The laboratory and field research (OMB) to approve a new information convenient way to report areas of heavy FHWA conducts often involves collection. This collection is congestion and bottleneck conditions at observations of driver behavior. In the summarized below under any point in time encountered field, these studies are usually SUPPLEMENTARY INFORMATION. We are nationally on the highway system. completely non-intrusive. However, required to publish this notice in the Roadside users can report information some field and laboratory research Federal Register by the Paperwork by using an automated phone system or studies require that interview data be Reduction Act of 1995. the internet. The information from the collected from individual persons. For user will be date, time, state, and DATES: Please submit comments by example, if drivers are participating in highway route number, direction of April 27, 2009. a research study on a novel intersection, travel, mile marker and weather ADDRESSES: You may submit comments interview data might be acquired from condition. The reporting from the identified by Docket ID Number FHWA– a subset of drivers to determine what roadside user is voluntary. 2008–0183 by any of the following they observed while driving or how they Respondents: Approximately 1200 methods: made their decisions. In these cases the Interstate roadway users daily, with the Web Site: For access to the docket to interview will be brief (10–15 minutes). majority being truck drivers. read background documents or Similar interview data may be acquired Frequency: Every day for 3 years. comments received, go to the Federal when studies are conducted in a Estimated Average Burden per eRulemaking Portal: Go to http:// laboratory setting. Response: Each response will be www.regulations.gov. Follow the online This planned approval request does approximately 1 minute. instructions for submitting comments. NOT include work subsumed under
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Subtitle C of Public Law 109–59, data. For example, it would be helpful areas as necessary to ensure they are not Intelligent Systems Transportation to know how drivers perceive their introducing safety hazards. Research (ITS). ITS work is exempted interaction with the roadway geometry Category D (Pedestrians and from requirements of the Paperwork and signage, and then apply that Bicyclists). Research related to Reduction Act of 1995, by a Special information to design decisions that can pedestrians and bicyclists arises from Rule under Section 5305 of Public Law lead to reductions in roadway the need to determine the most effective 109–59, that states the following: ‘‘Any departures. ways to accommodate these survey, questionnaire, or interview that Category B (Highway Operations). infrastructure users. While overt the Secretary considers necessary to One of the many challenges confronting pedestrian and bicyclist behavior can be carry out the reporting of any test, highway engineers is designing a signal directly observed fairly easily, it is deployment, project, or program system that maximizes throughput and sometimes necessary to collect user assessment activity under this subtitle minimizes delay. Excess delays could opinions and reactions. For example, shall not be subject to Chapter 35 of result in more drivers running red when a new intersection design is being Title 44, United States Code.’’ lights. This problem can be examined by introduced (e.g., a triple lane roundabout), it is especially Research Areas and Associated observing drivers’ behavior under advantageous to acquire data that Collections differing signaling conditions. However, direct verbal reports of drivers are often provides insights into the needs and The FHWA Office of Safety Research needed to determine why drivers are challenges that pedestrians and and Development intends to conduct making their decisions. For example bicyclists face as they negotiate such an analytical, laboratory and field research FHWA may learn from questioning intersection. The needs of disabled projects focused on highway safety that drivers that they would be less likely to pedestrians are also considered when will require acquisition of data from speed up when approaching a signal if researching new intersection treatments, small samples of the general public. they knew the signal system would and in these efforts FHWA works This research is directed at human recognize this behavior and respond closely with the U.S. Access Board to factors issues within the following accordingly. One way this might happen ensure that novel intersection broad program areas: (A) Infrastructure is by advising the motorist earlier of the treatments accommodate their needs. design including innovative intersection impending signal change. Driver Another example of research in this area configurations and signage and roadway interviews performed under this study is determining bicyclists’ reactions to markings; (B) highway operations; (C) such treatments as separately marked driver-vehicle and infrastructure-vehicle area can provide information on many key issues including behavioral bicycle lanes, signage, and overall interfaces; (D) older and younger driver roadway configuration. programs; and (E) pedestrian and adaptation, decisionmaking, and bicyclist issues. Given that the focus of reaction times to signal phases and Description of How Field and the research in the above areas is on changes. This kind of information could Laboratory Study Participants Will Be human factors issues, it is necessary that lead to improvements to signal Acquired controllers that increase mobility and data also be collected on a few key Samples for research studies will be improve safety. Speed management is demographic variables such as age, acquired by advertisement in local another area of highway operations that gender, and driving experience. None of papers, by the distribution of flyers, or could benefit from interview data. For the data collected in any of the planned by postings to the Internet. Typically, example, lower speed limits in research will be linked to personal interested parties contact FHWA and construction zones are difficult to identifying information. they are asked a few questions to enforce, and interview data with drivers determine whether they qualify for the Situations That Require Collections of can provide information on better study. These questions involve such Information—Examples From Each methods of restraining driver speeds in issues as age, driver familiarity with the Category these hazardous situations. location or scenario being used, number Category A (Infrastructure Design). An Category C (Older and Younger of miles driven per year, and gender. example from Category A would be a Drivers). The opinions of these two high study designed to test an innovative risk groups are needed for almost all Estimate of the Total Annual Reporting intersection design such as a Diverging FHWA safety related studies. For and Recordkeeping Burden Resulting Diamond Interchange (DDI). This is a example, data on the ease of use From These Information Collections highly efficient intersection design, but expressed by older drivers with respect and Requests for Comments if not properly implemented, it could to an innovative design informs the Respondents: Approximately 6,000 potentially cause confusion. In a DDI, engineer which aspects of the new roadway users drawn from the general drivers cross over to the left side of the design that present potential safety driving population. highway, with the result that opposing problems and may be in need of Frequency: This approval request is traffic is placed on their right side. modification. In contrast, young drivers for 30 studies over a three-year period. When testing a DDI, FHWA will need to present a separate set of challenges for Estimated Average Burden per know whether drivers perceived any highway engineers. Their ability to Respondent: FHWA estimates data ambiguity in the signage, if they had any negotiate a new design may be less of acquisition from persons participating orientation problems seeing opposing a concern, however; it is necessary to in a laboratory or field research study traffic on their right, and if they have understand how these drivers regard the will average about 1 hour. For those any suggestions for improving the conflict points presented by new field studies only using direct overall ease with which such an designs. This is of particular importance observation of driver behaviors and intersection could be driven. Other as some younger drivers may be willing interviews of randomly selected drivers, innovative intersection designs would to take extra risks in situations where the maximum burden (for the interview) also benefit from similar information ambiguity exists. Gathering verbal will be 15 minutes per participant. acquired from drivers. Roadway feedback from younger drivers will help Estimated Total Burden Hours: departure is another problem area that engineers determine areas of potential Assuming 15 studies will be laboratory could benefit from individual driver ambiguity in design and modify these based, 10 will be field based, and 5 will
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use direct observation with 15-minute results in ‘‘real world’’ environments. Its test-drive Volvo prototype vehicles at its interviews (.25 hour), the burden is driver holds a valid CDL issued in test site and in the vicinity of Phoenix, calculated as follows: Sweden but lacks the U.S. residency Arizona, to verify vehicle results in Laboratory studies: 15 studies × 200 necessary to obtain a CDL issued by one ‘‘real world’’ environments. He is a participants × 1 hour = 3,000 hours of the States. FMCSA believes the highly trained, experienced CMV Field studies: 10 studies × 200 knowledge and skills testing and operator with a valid Swedish-issued participants × 1 hour = 2,000 hours training program that drivers must CDL. Because he was required to satisfy Field studies (interview only): 5 studies undergo to obtain a Swedish CDL strict CDL testing standards in Sweden × 200 participants × .25 hour = 250 ensures that their drivers will achieve a to obtain a CDL and has extensive hours level of safety that is equivalent to, or training and experience operating 3-year total = 5,250 hours greater than, the level of safety achieved CMVs, Volvo believes that the Estimated Total Annual Burden Hours: without the exemption. exemption will maintain a level of 5,250/3 = 1,750 hours DATES: This exemption is effective safety equivalent to the level of safety Public Comments Invited: You are February 26, 2009 and expires February that would be obtained absent the asked to comment on any aspect of 26, 2011. exemption. these information collections, including: FOR FURTHER INFORMATION CONTACT: Mr. Method To Ensure an Equivalent or (1) Whether the proposed collections are Richard Clemente, Driver and Carrier Greater Level of Safety necessary for FHWA’s performance; (2) Operations Division, Office of Bus and According to Volvo, drivers applying the accuracy of the estimated burden; Truck Standards and Operations, MC– for a Swedish-issued CDL must undergo (3) ways for FHWA to enhance the PSD, Federal Motor Carrier Safety a training program and pass knowledge quality, usefulness, and clarity of the Administration, 1200 New Jersey and skills tests. Volvo believes the collected information; and (4) ways that Avenue, SE., Washington, DC 20590. knowledge and skills tests and training the burden could be minimized, Telephone: 202–366–4325. E-mail: program that these drivers undergo to including the use of electronic [email protected]. obtain a Swedish CDL ensure the technology, without reducing the SUPPLEMENTARY INFORMATION: exemption would provide a level of quality of the collected information. safety that is equivalent to, or greater FHWA will respond to your comments Background than, the level of safety obtained by and summarize or include them when Under 49 U.S.C. 31315 and 31136(e), complying with the U.S. requirement for requesting clearance from OMB for FMCSA may grant an exemption from a CDL. In addition, Volvo has submitted these information data collections. the CDL requirements in 49 CFR 383.23 a copy of the violation-free Swedish Authority: The Paperwork Reduction Act for a 2-year period if it finds ‘‘* * * driving record of this driver. of 1995; 44 U.S.C. Chapter 35, as amended; such exemption would likely achieve a FMCSA had previously determined and 49 CFR 1.48. level of safety that is equivalent to, or that the process for obtaining a Issued on February 20, 2009. greater than, the level that would be Swedish-issued CDL adequately Judith Kane, achieved absent such exemption * * *’’ assesses the driver’s ability to operate Acting Chief, Management Programs & (49 CFR 381.305 (a)). FMCSA has CMVs in the U.S. Therefore, the process Analysis Division. evaluated Volvo’s application on its for obtaining a Swedish-issued CDL is [FR Doc. E9–4098 Filed 2–25–09; 8:45 am] merits and decided to grant the considered to be comparable to, or as BILLING CODE 4910–22–P exemption for its field test engineer, effective as, the requirements of 49 CFR Michael Tellstrom, for a 2-year period. part 383. Volvo Application for an Exemption Comments DEPARTMENT OF TRANSPORTATION Volvo applied for an exemption from The Agency received no response to Federal Motor Carrier Safety the 49 CFR 383.23 requirement that the its request for public comments Administration operator of a CMV obtain a CDL issued published in the Federal Register on by one of the States. This section of the January 16, 2009 (74 FR 3130). [Docket No. FMCSA–2006–25756] Federal Motor Carrier Safety Terms and Conditions for the Regulations (FMCSRs) sets forth the Commercial Driver’s License (CDL) Exemption Standards: Granting of Exemption; standards that States must employ in Based upon evaluation of the Volvo Trucks North America (Volvo) issuing CDLs. An individual must be a resident of a State in order to qualify for application for an exemption, FMCSA AGENCY: Federal Motor Carrier Safety a CDL. The Volvo driver-employee for grants Volvo an exemption from the Administration (FMCSA), DOT. whom this exemption is sought is a CDL requirement in 49 CFR 383.23 for ACTION: Notice of final disposition; citizen and resident of Sweden; its driver, Michael Tellstrom, to test- granting of application for exemption. therefore, he cannot apply for a CDL in drive CMVs within the United States, any State of the United States. A copy subject to the following terms and SUMMARY: FMCSA announces its of the request for exemption from conditions: (1) That this driver will be decision to grant Volvo Trucks North section 383.23 is in the docket subject to drug and alcohol regulations, America, Inc.’s (Volvo) application for identified at the beginning of this including testing, as provided in 49 CFR an exemption for one of its drivers to notice. part 382, (2) that this driver is subject enable him to test-drive commercial to the same driver disqualification rules motor vehicles (CMVs) in the United Swedish Driver under 49 CFR parts 383 and 391 that States without a commercial driver’s This exemption enables Michael apply to other CMV drivers in the U.S., license (CDL) issued by one of the Tellstrom to test-drive in the U.S. Volvo (3) that this driver keep a copy of the States. Volvo stated the exemption is CMVs that are assembled, sold or exemption on the vehicle at all times, needed to support a field test to meet primarily used in the U.S. Volvo (4) that Volvo notify FMCSA in writing future air quality standards and to test- currently employs this driver in of any accident, as defined in 49 CFR drive Volvo prototype vehicles to verify Sweden, and wants him to be able to 390.5, involving this driver, and (5) that
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Volvo notify FMCSA in writing if this on-line instructions for submitting of CMVs in interstate commerce, for a driver is convicted of a disqualifying comments. two-year period if it finds ‘‘such offense described in section 383.51 or • Mail: Docket Management Facility; exemption would likely achieve a level 391.15 of the FMCSRs. U.S. Department of Transportation, 1200 of safety that is equivalent to, or greater In accordance with 49 U.S.C. 31315 New Jersey Avenue, SE., West Building than, the level that would be achieved and 31136(e), the exemption will be Ground Floor, Room W12–140, absent such exemption.’’ The valid for 2 years unless revoked earlier Washington, DC 20590–0001. procedures for requesting an exemption by the FMCSA. The exemption will be • Hand Delivery or Courier: West (including renewals) are set out in 49 revoked if: (1) The driver for Volvo fails Building Ground Floor, Room W12–140, CFR part 381. to comply with the terms and 1200 New Jersey Avenue, SE., Exemption Decision conditions of the exemption, (2) the Washington, DC, between 9 a.m. and 5 exemption has resulted in a lower level p.m., Monday through Friday, except This notice addresses 12 individuals of safety than was maintained before it Federal Holidays. who have requested a renewal of their was granted, or (3) continuation of the • Fax: 1–202–493–2251. exemption in accordance with FMCSA exemption would not be consistent with Each submission must include the procedures. FMCSA has evaluated these the goals and objectives of 49 U.S.C. Agency name and the docket number for 12 applications for renewal on their 31315 and 31136. this Notice. Note that DOT posts all merits and decided to extend each Issued on: February 19, 2009. comments received without change to exemption for a renewable two-year Larry W. Minor, http://www.regulations.gov, including period. They are: David F. Breuer, Associate Administrator for Policy and any personal information included in a comment. Please see the Privacy Act Wilford F. Christian, Program Development. Richard S. Cummings, [FR Doc. E9–4148 Filed 2–25–09; 8:45 am] heading below. Joseph A. Dean, BILLING CODE 4910–EX–P Docket: For access to the docket to Jimmy C. Killian, read background documents or Daniel L. Jacobs, comments, go to http:// Jimmy C. Killian, DEPARTMENT OF TRANSPORTATION www.regulations.gov at any time or Jose M. Limon-Alvarado, Room W12–140 on the ground level of Eugene R. Lydick, Federal Motor Carrier Safety the West Building, 1200 New Jersey John W. Montgomery, Administration Avenue, SE., Washington, DC, between Billy L. Riddle, 9 a.m. and 5 p.m., Monday through Scottie Stewart, [Docket No. FMCSA–2000–8398; FMCSA– Artis Suitt. 2002–12294; FMCSA–2002–12844; FMCSA– Friday, except Federal holidays. The These exemptions are extended 2004–17984; FMCSA–2005–20027] FDMS is available 24 hours each day, subject to the following conditions: (1) 365 days each year. If you want That each individual have a physical Qualification of Drivers; Exemption acknowledgment that we received your Applications; Vision examination every year (a) by an comments, please include a self- ophthalmologist or optometrist who addressed, stamped envelope or AGENCY: Federal Motor Carrier Safety attests that the vision in the better eye Administration (FMCSA), DOT. postcard or print the acknowledgement continues to meet the standard in 49 page that appears after submitting ACTION: Notice of renewal of CFR 391.41(b)(10), and (b) by a medical comments on-line. exemptions; request for comments. examiner who attests that the individual Privacy Act: Anyone may search the is otherwise physically qualified under electronic form of all comments SUMMARY: FMCSA announces its 49 CFR 391.41; (2) that each individual received into any of our dockets by the decision to renew the exemptions from provide a copy of the ophthalmologist’s name of the individual submitting the the vision requirement in the Federal or optometrist’s report to the medical comment (or of the person signing the Motor Carrier Safety Regulations for 12 examiner at the time of the annual comment, if submitted on behalf of an individuals. FMCSA has statutory medical examination; and (3) that each association, business, labor union, etc.). authority to exempt individuals from individual provide a copy of the annual You may review the DOT’s complete the vision requirement if the medical certification to the employer for Privacy Act Statement in the Federal exemptions granted will not retention in the driver’s qualification Register published on April 11, 2000 compromise safety. The Agency has file and retain a copy of the certification (65 FR 19476). This information is also concluded that granting these on his/her person while driving for available at http://DocketInfo.dot.gov. exemption renewals will provide a level presentation to a duly authorized of safety that is equivalent to, or greater FOR FURTHER INFORMATION CONTACT: Dr. Federal, State, or local enforcement than, the level of safety maintained Mary D. Gunnels, Director, Medical official. Each exemption will be valid without the exemptions for these Programs, (202) 366–4001, for two years unless rescinded earlier by commercial motor vehicle (CMV) [email protected], FMCSA, FMCSA. The exemption will be drivers. Department of Transportation, 1200 rescinded if: (1) The person fails to DATES: This decision is effective April 1, New Jersey Avenue, SE., Room W64– comply with the terms and conditions 2009. Comments must be received on or 224, Washington, DC 20590–0001. of the exemption; (2) the exemption has before March 30, 2009. Office hours are from 8:30 a.m. to 5 p.m. resulted in a lower level of safety than ADDRESSES: You may submit comments Monday through Friday, except Federal was maintained before it was granted; or bearing the Federal Docket Management holidays. (3) continuation of the exemption would System (FDMS) Docket ID FMCSA– SUPPLEMENTARY INFORMATION: not be consistent with the goals and 2000–8398; FMCSA–2002–12294; Background objectives of 49 U.S.C. 31136(e) and FMCSA–2002–12844; FMCSA–2004– 31315. 17984; FMCSA–2005–20027, using any Under 49 U.S.C. 31136(e) and 31315, of the following methods. FMCSA may renew an exemption from Basis for Renewing Exemptions • Federal eRulemaking Portal: Go to the vision requirements in 49 CFR Under 49 U.S.C. 31315(b)(1), an http://www.regulations.gov. Follow the 391.41(b)(10), which applies to drivers exemption may be granted for no longer
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than two years from its approval date The notices of applications stated in Description: Form 4029 is used by and may be renewed upon application detail the qualifications, experience, members of recognized religious groups for additional two year periods. In and medical condition of each applicant to apply for exemption from social accordance with 49 U.S.C. 31136(e) and for an exemption from the vision security and Medicare taxes under IRC 31315, each of the 12 applicants has requirements. That information is sections 1402(g) and 3127. The satisfied the entry conditions for available by consulting the above cited information is used to approve or deny obtaining an exemption from the vision Federal Register publications. exemption from social security and requirements (65 FR 78256; 66 FR Interested parties or organizations Medicare taxes. 16311; 68 FR 13360; 70 FR 12265; 72 FR possessing information that would Respondents: Individuals or 11425; 67 FR 46016; 67 FR 57267; 69 FR otherwise show that any, or all of these households. 51346; 71 FR 50970; 67 FR 68719; 68 FR drivers, are not currently achieving the Estimated Total Burden Hours: 3,792 2629; 70 FR 16887; 69 FR 33997; 69 FR statutory level of safety should hours. 61292; 70 FR 2701). Each of these 12 immediately notify FMCSA. The OMB Number: 1545–1146. applicants has requested renewal of the Agency will evaluate any adverse Type of Review: Extension. exemption and has submitted evidence evidence submitted and, if safety is Title: Applicable Conventions Under showing that the vision in the better eye being compromised or if continuation of the Accelerated Cost Recovery System continues to meet the standard specified the exemption would not be consistent PS–54–89 (TD 8444—Final). at 49 CFR 391.41(b)(10) and that the with the goals and objectives of 49 vision impairment is stable. In addition, U.S.C. 31136(e) and 31315, FMCSA will Description: The regulations describe a review of each record of safety while take immediate steps to revoke the the time and manner of making the driving with the respective vision exemption of a driver. notation required to be made on Form deficiencies over the past two years 4562 under certain circumstances when Issued on: February 19, 2009. indicates each applicant continues to the taxpayer transfers property in meet the vision exemption standards. Larry W. Minor, certain non-recognition transactions. These factors provide an adequate basis Associate Administrator for Policy and The information is necessary to monitor for predicting each driver’s ability to Program Development. compliance with the section 168 rules. continue to drive safely in interstate [FR Doc. E9–4147 Filed 2–25–09; 8:45 am] Respondents: Businesses or other for- commerce. Therefore, FMCSA BILLING CODE 4910–EX–P profits. concludes that extending the exemption Estimated Total Burden Hours: 70 for each renewal applicant for a period hours. of two years is likely to achieve a level DEPARTMENT OF THE TREASURY OMB Number: 1545–1356. of safety equal to that existing without Type of Review: Extension. the exemption. Submission for OMB Review; Comment Request Title: REG–248770–96 (TD 8725— Request for Comments Final) Miscellaneous Sections Affected FMCSA will review comments February 20, 2009. by the Taxpayer Bill of Rights 2 and the received at any time concerning a The Department of the Treasury will Personal Responsibility and Work particular driver’s safety record and submit the following public information Opportunity Reconciliation Act of 1996. determine if the continuation of the collection requirement(s) to OMB for Description: The regulations provide exemption is consistent with the review and clearance under the guidance with respect to the recovery of requirements at 49 U.S.C. 31136(e) and Paperwork Reduction Act of 1995, administrative costs incurred in 31315. However, FMCSA requests that Public Law 104–13 on or after the date connection with an administrative interested parties with specific data of publication of this notice. Copies of proceeding before the Internal Revenue concerning the safety records of these the submission(s) may be obtained by Service. Procedures that must be drivers submit comments by March 30, calling the Treasury Bureau Clearance followed to recover such costs are set 2009. Officer listed. Comments regarding this forth. FMCSA believes that the information collection should be Respondents: Individuals or requirements for a renewal of an addressed to the OMB reviewer listed Households. exemption under 49 U.S.C. 31136(e) and and to the Treasury Department Estimated Total Burden Hours: 86 31315 can be satisfied by initially Clearance Officer, Department of the hours. granting the renewal and then Treasury, Room 11000, and 1750 Clearance Officer: Glenn P. Kirkland, requesting and evaluating, if needed, Pennsylvania Avenue, NW., (202) 622–3428, Internal Revenue subsequent comments submitted by Washington, DC 20220. Service, Room 6516, 1111 Constitution interested parties. As indicated above, DATES: Written comments should be Avenue, NW., Washington, DC 20224. the Agency previously published received on or before March 30, 2009 to OMB Reviewer: Shagufta Ahmed, notices of final disposition announcing be assured of consideration. (202) 395–7873, Office of Management its decision to exempt these 12 and Budget, Room 10235, New Internal Revenue Service (IRS) individuals from the vision requirement Executive Office Building, Washington, in 49 CFR 391.41(b)(10). The final OMB Number: 1545–0064. DC 20503. decision to grant an exemption to each Type of Review: Revision. of these individuals was based on the Title: Application for Exemption Celina Elphage, merits of each case and only after From Social Security and Medicare Treasury PRA Clearance Officer. careful consideration of the comments Taxes and Waiver of Benefits. [FR Doc. E9–4150 Filed 2–25–09; 8:45 am] received to its notices of applications. Form: 4029. BILLING CODE 4830–01–P
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Reader Aids Federal Register Vol. 74, No. 37 Thursday, February 26, 2009
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 930...... 8143 932...... 7778 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 1400...... 6117 8344...... 6343 1412...... 6352 Other Services 8345...... 6345 1779...... 7179 Electronic and on-line services (voice) 741–6020 Executive Orders: 3575...... 7179 Privacy Act Compilation 741–6064 12835 (amended by 4279...... 7179 Public Laws Update Service (numbers, dates, etc.) 741–6043 13499) ...... 6979 4280...... 7179 TTY for the deaf-and-hard-of-hearing 741–6086 12859 (amended by 5001...... 7179 13450) ...... 6981 Proposed Rules: ELECTRONIC RESEARCH 13201 (revoked by 625...... 7563 13496) ...... 6107 981...... 7830 World Wide Web 13202 (revoked by 1216...... 7830 Full text of the daily Federal Register, CFR and other publications 13502) ...... 6985 is located at: http://www.gpoaccess.gov/nara/index.html 13204 (revoked by 8 CFR Federal Register information and research tools, including Public 13495) ...... 6103 274a...... 5899, 7993 Inspection List, indexes, and links to GPO Access are located at: 13208 (revoked by http://www.archives.gov/federallregister 13502) ...... 6985 10 CFR E-mail 13258 (revoked by 13497) ...... 6113 Ch. I ...... 5797 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13390 (amended by 2...... 6989 an open e-mail service that provides subscribers with a digital 13504) ...... 8431 30...... 6989, 7785 form of the Federal Register Table of Contents. The digital form 13422 (revoked by 40...... 6989 of the Federal Register Table of Contents includes HTML and 13497) ...... 6113 50...... 6989 PDF links to the full text of each document. 13494...... 6101 52...... 6989 To join or leave, go to http://listserv.access.gpo.gov and select 13495...... 6103 60...... 6989 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13496...... 6107 63...... 6989 (or change settings); then follow the instructions. 13497...... 6113 70...... 6989 PENS (Public Law Electronic Notification Service) is an e-mail 13199 (amended by 71...... 6989 service that notifies subscribers of recently enacted laws. 13498) ...... 6533 72...... 5983, 6989 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13498...... 6533 73...... 6989 and select Join or leave the list (or change settings); then follow 13499...... 6979 75...... 7549 the instructions. 13500...... 6981 76...... 6989 FEDREGTOC-L and PENS are mailing lists only. We cannot 150...... 6989 respond to specific inquiries. 13501...... 6983 13502...... 6985 Proposed Rules: Reference questions. Send questions and comments about the 170...... 7382 Federal Register system to: [email protected] 13503...... 8139 13504...... 8431 The Federal Register staff cannot interpret specific documents or 11 CFR regulations. Administrative Orders: 100...... 7285 Reminders. Effective January 1, 2009, the Reminders, including Memorandums: 104...... 7285 Rules Going Into Effect and Comments Due Next Week, no longer Memo. of 1/30/2009 ...... 5977 110...... 7285 appear in the Reader Aids section of the Federal Register. This Memo. of 1/30/2009 ...... 5979 Memo. of 2/4/2009 ...... 6347 information can be found online at http://www.regulations.gov. 12 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no Memo. of 2/5/2009 ...... 6537 longer appears in the Federal Register. This information can be Notices: 208...... 6223 found online at http://bookstore.gpo.gov/. Notice of February 4, 223...... 6225, 6226 2009 ...... 6349 225...... 6223 229...... 7785 FEDERAL REGISTER PAGES AND DATE, FEBRUARY Presidential Determinations: 360...... 5797 5797–5898...... 2 8139–8464...... 24 No. 2009–15 of 1250...... 7304 1773...... 7304 5899–5982...... 3 8465–8702...... 25 January 27, 2009 ...... 6115 Proposed Rules: 5983–6116...... 4 8703–8844...... 26 6117–6222...... 5 5 CFR 337...... 5904 6223–6350...... 6 532...... 6351 704...... 6004 6351–6538...... 9 591...... 7777 6539–6822...... 10 Proposed Rules: 14 CFR 6823–6988...... 11 532...... 6003 39 ...... 7304, 7306, 7309, 7310, 6989–7178...... 12 7549, 7552, 7554, 7641, 7179–7284...... 13 7 CFR 7643, 7786, 7789, 7792, 7285–7548...... 17 400...... 8703, 8704 7794, 7796, 7797, 7801, 7549–7640...... 18 457...... 8705 7804, 7809, 7810, 7995, 7641–7776...... 19 916...... 7778 8148, 8150, 8152, 8155, 7777–7992...... 20 917...... 7778 8159, 8161, 8713, 8715, 7993–8138...... 23 925...... 8141 8717, 8719, 8722, 8724,
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8726, 8728, 8732, 8735, 20 CFR 7818 45 CFR 8737 147...... 7181 404...... 5807 Proposed Rules: 155...... 7648 71 ...... 7557, 7558, 7559, 7560, 1355...... 6362 165 .....5987, 5989, 6352, 7184, 7561, 7645, 7646, 8166, 21 CFR 1356...... 6362 8167, 8168, 8169, 8170, 7818, 8004, 8007, 8753 17...... 8200 8171, 8172, 8739, 8740, 314...... 6541 Proposed Rules: 46 CFR 8741 510...... 6823 110...... 7575 95...... 8173 71...... 7576 520...... 6541, 7180 117...... 6359, 7844 97 ...... 7999, 8000, 8177, 8180, 114...... 7576 522...... 6993 165 .....6842, 7022, 8049, 8761, 8742, 8745 115...... 7576 528...... 6823 8763, 8766, 8768 187...... 6989 122...... 7576 Proposed Rules: 162...... 6358 Proposed Rules: 36 CFR 1308...... 7386 170...... 7576 25...... 6557 Proposed Rules: 171...... 7576 39 ...... 6835, 7002, 7004, 7006, 22 CFR 242...... 6250 172...... 7576 7194, 7196, 7198, 7200, 174...... 7576 7202, 7384, 7563, 7565, 215...... 5808 37 CFR 175...... 7576 7568, 7570, 7573, 7831, 510...... 7562 385...... 6832 176...... 7576 7833, 7834, 7836, 8034, 23 CFR 178...... 7576 8036, 8039, 8043, 8045 38 CFR 179...... 7576 71 ...... 7010, 7011, 7012, 7204, Proposed Rules: 185...... 7576 8218, 8219 180...... 8494 4...... 7648 73...... 7018 24 CFR 39 CFR 47 CFR 234...... 6249 259...... 6249 30...... 7313 20...... 8465, 8473 Ch. I ...... 7654 399...... 6249 4000...... 7812 111...... 8009 15...... 7314 Proposed Rules: 3020 ...... 6117, 6230, 7648 73 ...... 6001, 6120, 6121, 6122, 15 CFR 5...... 6839 Proposed Rules: 6233, 6234, 7657 744...... 8182 92...... 6839 111...... 6250 90...... 6235 806...... 8002 908...... 6839 955...... 6844 Proposed Rules: 73 ...... 6131, 6132, 7847 16 CFR 26 CFR 40 CFR 48 CFR 1500...... 6990 1 ...... 6824, 6828, 6952, 8200 6...... 5991 Proposed Rules: 54...... 8200 51...... 7193, 7284 1652...... 7823 Ch. I ...... 6129 301...... 6829, 7814 52 ...... 6542, 6552, 7193, 7284, 255...... 5810 602...... 6952 7820 49 CFR 1500...... 7021 Proposed Rules: 55...... 8756 209...... 6995 1 ...... 6840, 6841, 7021, 7575 63...... 8756 Proposed Rules: 17 CFR 31...... 8048 80...... 6233 80...... 8494 229...... 6776 301...... 7205 86...... 8310 261...... 8494 230...... 6776, 7748 89...... 8310 611...... 7388 28 CFR 232...... 6776, 7748 90...... 8310 612...... 7388 239...... 6776, 7748 Proposed Rules: 112...... 5900 640...... 8494 240...... 6456, 6776 26...... 6131 180...... 8490 1700...... 8494 249...... 6776 271...... 5994, 8757 249b...... 6456 29 CFR 1027...... 8310 50 CFR 1033...... 8310 274...... 7748 102...... 8214 17...... 6700, 8616 1042...... 8310 Proposed Rules: 403...... 5899, 7814 216...... 6236 1048...... 8310 1...... 7838 408...... 5899, 7814 229...... 7824 1054...... 8310 4...... 8220 1611...... 6831 300...... 6995 1060...... 8310 30...... 7838 4022...... 7180 648...... 6244, 6997 1065...... 8310 140...... 7838 Proposed Rules: 660...... 6997, 7826 1068...... 8310 210...... 6359 1612...... 7843 665...... 6998 229...... 6359 2550...... 6007 Proposed Rules: 679 .....6554, 6555, 6556, 7001, 230...... 6359 6...... 6008 7332, 7333, 7359, 8215, 240...... 6359, 6485 30 CFR 50...... 7027 8216, 8492 51...... 7027 243...... 6485 Proposed Rules: Proposed Rules: 63...... 6510 244...... 6359 938...... 8048 17 ...... 5908, 6122, 6558, 6852, 271...... 6010, 8771 249...... 6359 6853 32 CFR 42 CFR 92...... 6563 18 CFR 199...... 6228 100...... 6250 11...... 8184 633...... 8215 414...... 7653 216...... 6010 40...... 8747 706...... 8750, 8751 440...... 5808 253...... 6257 157...... 6539 Proposed Rules: 600...... 6257 375...... 6540 33 CFR 414...... 6557, 7029 622 ...... 6257, 7848, 7849, 8494 105...... 6994 635...... 7577 19 CFR 117 .....5983, 5984, 5986, 6228, 43 CFR 648...... 6564, 7029 122...... 7646 6229, 7313, 7816, 7817, 3000...... 7193 679...... 7209
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The text of laws is not H.R. 1/P.L. 111–5 enacted public laws. To published in the Federal American Recovery and subscribe, go to http:// LIST OF PUBLIC LAWS Register but may be ordered Reinvestment Act of 2009 listserv.gsa.gov/archives/ in ‘‘slip law’’ (individual (Feb. 17, 2009; 123 Stat. 115) publaws-l.html This is a continuing list of pamphlet) form from the public bills from the current Superintendent of Documents, Last List February 6, 2009 session of Congress which U.S. Government Printing Note: This service is strictly have become Federal laws. It Office, Washington, DC 20402 for E-mail notification of new may be used in conjunction (phone, 202–512–1808). The Public Laws Electronic laws. The text of laws is not with ‘‘P L U S’’ (Public Laws text will also be made Notification Service available through this service. Update Service) on 202–741– available on the Internet from (PENS) PENS cannot respond to 6043. This list is also GPO Access at http:// specific inquiries sent to this available online at http:// www.gpoaccess.gov/plaws/ address. www.archives.gov/federal- index.html. Some laws may PENS is a free electronic mail register/laws.html. not yet be available. notification service of newly
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