Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-01-06.xml --- 75 3 Wednesday, January 6, 2010 Contents Agriculture Agriculture Department See Forest Service Children Children and Families Administration NOTICES Meetings: National Commission on Children and Disasters, 876 E9-31393 Coast Guard Coast Guard RULES Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability: Vessels and Deepwater Ports, 750-753 E9-31349 Safety Zone and Regulated Navigation Area:

Chicago Sanitary and Ship Canal, Romeoville, IL, 754-759 E9-31350 Special Local Regulation for Marine Events: Recurring Marine Events in the Fifth Coast Guard District, 748-750 E9-31410 PROPOSED RULES Safety Zone: FRONTIER DISCOVERER, Outer Continental Shelf Drillship, Chukchi and Beaufort Sea, Alaska, 803-807 E9-31351 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Consumer Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, E9-31294 856-857 E9-31295 Defense Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplement: Foreign Participation in Acquisitions in Support of Operations in Afghanistan (DFARS Case 2009-D012), 832-838 E9-30292 Defense Defense Department See Defense Acquisition Regulations System See Navy Department Employment Employment and Training Administration NOTICES Affirmative Determination Regarding Application for Reconsideration:

Lonza, Inc., Conshohocken, PA, 878-879 E9-31385 Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance: National Starch and Chemical Co., Specialty Starches Division, Island Falls, ME, 879 E9-31386 Sanford, Lewisburg, TN, 879 E9-31389 Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance: National Semiconductor Corp., Arlington, TX, 879-880 E9-31390 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Exemption from the Requirement of a Tolerance:

Choline chloride, 760-763 E9-31280 Dibenzylidene Sorbitol, 763-767 E9-31281 Extension of Tolerances for Emergency Exemptions (Multiple Chemicals), 767-770 E9-31279 Revisions to Notification Regulations: TSCA Section 5 Premanufacture and Significant New Use Notification Electronic Reporting, 773-790 E9-31004 Tolerance Exemptions: Acrylic acid-benzyl methacrylate-1-propanesulfonic acid, 2-methyl-2-[(1-oxo-2-propenyl)amino]-, monosodium salt copolymer, 770-773 E9-31174 PROPOSED RULES Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements under CERCLA Section 108(b), 816-832 E9-31399 Pesticide Tolerance Crop Grouping Program II:

Revision to General Tolerance Regulations, 816 E10-31397 NOTICES Application for Emergency Exemption: Propoxur, 858-859 E9-31395 Meetings: Exposure Modeling; Cancellation and Rescheduling, 860 2010-31094 Pesticide Registrations: Bacillus subtilis, 862-864 E9-31283 Maneb, 860-862 E9-31282 Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 864-869 E9-31192 Request to Voluntarily Cancel Pesticide Registrations of Certain Products:

Maneb, 870 2010-31396 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Use of Additional Portable Oxygen Concentrator Devices On Board Aircraft, 739-742 E9-31380 PROPOSED RULES Airworthiness Directives: Rolls-Royce plc RB211-Trent 500, 700, and 800 Series Turbofan Engines, 801-803 E9-31394 Damage Tolerance and Fatigue Evaluation of Composite Rotorcraft Structures, 793-801 E9-31381 NOTICES Agency Information Collection Activities;

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Correction, 745-746 E10-20 Food Food and Drug Administration NOTICES Guidance for Industry: New Contrast Imaging Indication Considerations for Devices and Approved Drug and Biological Products; Availability, 875-876 E9-31307 Meetings: Anesthetic and Life Support Drugs Advisory Committee; Cancellation, 876 E9-31306 Forest Forest Service NOTICES Meetings: Central Idaho Resource Advisory Committee, 842 E9-31285 GSA General Services Administration RULES Federal Travel Regulation:

Privately Owned Vehicle Mileage Reimbursement, 790-792 E9-31358 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Extramural Support Reimbursement of Travel and Subsistence Expenses Toward Living Organ Donation Program, 873-875 E9-31312 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Industry Industry and Security Bureau NOTICES Action Affecting Export Privileges:

Hailin Lin, 842-843 E9-31366 Interior Interior Department See Reclamation Bureau International International Trade Administration NOTICES Extension of Preliminary Results of Antidumping Duty New Shipper Review: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 844 E9-31421 Final Results of the 2007-2008 Administrative Review of the Antidumping Duty Order: Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 844-846 E9-31417 Partial Rescission of Countervailing Duty Administrative Review:

Certain New Pneumatic Off-the-Road Tires from the People's Republic of China, 846-847 E9-31416 Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Certain Steel Grating from the People's Republic of China, 847-856 E9-31414 International International Trade Commission NOTICES Investigations: Drill Pipe from China, 877-878 E9-31412 Labor Labor Department See Employment and Training Administration NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Economic Exclusive Zone Off Alaska:

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Sunshine Act, 880 E9-31413 Navy Navy Department RULES Naval Discharge Review Board, 746-748 E9-31231 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 880 E10-8 Postal Postal Regulatory Commission NOTICES New Postal Product, 881 E9-31415 Presidential Presidential Documents EXECUTIVE ORDERS Defense and National Security: Biological Attacks; Establishing Federal Capability To Provide Medical Countermeasures (EO 13527), 737-738 10-38 Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Cancellation of the South Valley Facilities Expansion Project - Clark County, NV, 877 E9-31430 SEC Securities and Exchange Commission RULES Temporary Rule Regarding Principal Trades with Certain Advisory Clients; Correction, 742-743 E9-31420 State State Department NOTICES Meetings: Advisory Committee on International Communications and Information Policy, 881-882 E9-31377 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Fiscal Service RULES Freedom of Information Act, Privacy Act of 1974;

Implementation, 743-745 E9-31150 U.S. U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 876-877 E9-31423 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 3 Wednesday, January 6, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 121 [Docket No.

FAA-2009-0767; SFAR 106] RIN 2120-AJ55 Use of Additional Portable Oxygen Concentrator Devices on Board Aircraft AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action amends Special Federal Aviation Regulation 106 (SFAR 106), Use of Certain Portable Oxygen Concentrator Devices on Board Aircraft, to allow for the use of four additional portable oxygen concentrator

(POC)devices on board aircraft, provided certain conditions in the SFAR are met. This action is necessary to allow all POC devices deemed acceptable by the FAA to be available to the traveling public in need of oxygen therapy, for use in air commerce. When this rule becomes effective, there will be a total of 11 different POC devices the FAA finds acceptable for use on board aircraft, and passengers will be able to carry these devices on board the aircraft and use them with the approval of the aircraft operator. DATES: This final rule amending SFAR 106 will become effective on January 6, 2010. FOR FURTHER INFORMATION CONTACT: David Catey, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. Telephone:

(202)267-8166. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code (49 U.S.C.). Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. The FAA is authorized to issue this final rule pursuant to 49 U.S.C. Section 44701. Under that section, the FAA is authorized to establish regulations and minimum standards for other practices, methods, and procedures the Administrator finds necessary for air commerce and national security. Background On July 12, 2005, the FAA published Special Federal Aviation Regulation 106 (SFAR 106) entitled, “Use of Certain Portable Oxygen Concentrator Devices on Board Aircraft” (70 FR 40156). SFAR 106 is the result of a notice the FAA published in July 2004 (69 FR 42324) to address the needs of passengers who must travel with medical oxygen. Prior to publication of SFAR 106, passengers in need of medical oxygen during air transportation faced many obstacles when requesting service. Many aircraft operators did not provide medical oxygen service aboard flights, and those that did often provided service at a price that travelers could not afford. Coordinating service between operators and suppliers at airports was also difficult, and passengers frequently chose not to fly because of these difficulties. New medical oxygen technologies approved by the Food and Drug Administration

(FDA)reduce the risks typically associated with compressed oxygen and provide a safe alternative for passengers who need oxygen therapy. Several manufacturers have developed small portable oxygen concentrators

(POC)that work by separating oxygen from nitrogen and other gases contained in ambient air and dispensing it in concentrated form to the user with an oxygen concentration of about 90%. The POCs operate using either rechargeable batteries or, if the aircraft operator obtains approval from the FAA, aircraft electrical power. In addition, the Pipeline and Hazardous Materials Safety Administration (PHMSA) has determined that the POCs covered by this amendment are not hazardous materials. Thus, they do not require the same level of special handling as compressed oxygen, and are safe for use on board aircraft, provided certain conditions for their use are met. SFAR 106 permits passengers to carry on and use certain POCs on board aircraft if the aircraft operator ensures that the conditions specified in the SFAR for their use are met. The devices initially determined acceptable for use in SFAR 106, published July 12, 2005, were the *AirSep Corporation's LifeStyle* and the *Inogen, Inc.'s Inogen One* POCs. SFAR 106 was amended on September 12, 2006, (71 FR 53954) to add three additional POC devices, *AirSep Corporation's FreeStyle, SeQual Technologies' Eclipse,* and *Repironics Inc.'s EverGo,* to the original SFAR. SFAR 106 was amended again on January 15, 2009, (74 FR 2351) in a similar manner to add two more POC devices, *Delphi Medical Systems' RS-00400* and *Invacare Corporation's XPO2,* to the original SFAR. This final rule adds four additional POC devices, *DeVilbiss Healthcare Inc.'s iGo, International Biophysics Corporation's LifeChoice,* *Inogen Inc.'s Inogen One G2,* and *Oxlife LLC.'s Oxlife Independence Oxygen Concentrator,* that may be carried on and used by a passenger on board an aircraft. Aircraft operators can now offer medical oxygen service as they did before SFAR 106 was enacted, or they can meet certain conditions and allow passengers to carry on and use one of the POC devices covered in SFAR 106. SFAR 106 is an enabling rule, which means that no aircraft operator is required to allow passengers to operate these POC devices on board its aircraft, but it may allow them to be operated on board. If one of these devices is allowed by the aircraft operator to be carried on board, the conditions in the SFAR must be met. When SFAR 106 was published, the FAA committed to establishing a single standard for all POCs so that regulations wouldn't apply to specific manufacturers and models of device. Whenever possible, the FAA tries to regulate by creating performance-based standards rather than approving by manufacturer. In the case of SFAR 106, the quickest and easiest way to serve both the passenger and the aircraft operator was to allow the use of the devices determined to be acceptable by the FAA in SFAR 106 in a special, temporary regulation. As we stated in the preamble discussion of the final rule that established SFAR 106, “while we are committed to developing a performance-based standard for all future POC devices, we do not want to prematurely develop standards that have the effect of stifling new technology of which we are unaware.” We developed and published SFAR 106 so that passengers who otherwise could not fly could do so with an affordable alternative to what existed before SFAR 106 was published. We continue to pursue the performance-based standard for all POCs. This process is time-consuming and we intend to publish a notice in the **Federal Register** and offer the public a chance to comment on the proposal when it is complete. In the meantime, manufacturers continue to create new and better POCs, and several have requested that their product also be included as an acceptable device in SFAR 106. These manufacturers include DeVilbiss Healthcare Inc., International Biophysics Corporation, Inogen Inc., and Oxlife LLC. Each of these companies has formally petitioned the FAA for inclusion in SFAR 106 by submitting documentation of the devices to the Department of Transportation's Docket Management System. That documentation is available at *http://www.regulations.gov* under the following docket numbers: 1. DeVilbiss Healthcare Inc.—FAA-2008-0963; 2. International Biophysics Corporation—FAA-2009-0087; 3. Inogen Inc.—FAA-2009-0620; and 4. Oxlife LLC—FAA-2009-0065. As stated in Section 2 of SFAR 106, no covered device may contain hazardous materials as determined by PHMSA (written documentation necessary), and each device must also be regulated by the FDA. Each petitioner included technical specifications for the devices in their request for approval, along with the required documentation from PHMSA and the FDA. The petitioners provided the FAA with the required documentation for the following POC devices: 1. DeVilbiss Healthcare Inc.'s iGo; 2. International Biophysics Corporation's LifeChoice; 3. Inogen Inc.'s Inogen One G2; and 4. Oxlife LLC.'s Oxlife Independence Oxygen Concentrator. The Rule This amendment to SFAR 106 will include the *DeVilbiss Healthcare Inc.'s iGo, International Biophysics Corporation's LifeChoice, Inogen Inc.'s Inogen One G2,* and *Oxlife LLC.'s Oxlife Independence Oxygen Concentrator* devices in the list of POC devices authorized for use in air commerce. The FAA has reviewed each individual device and accepted the documentation provided by the manufacturers. That documentation includes letters provided to the manufacturer by PHMSA and the FDA affirming the status of each device as it pertains to the requisites stated in SFAR 106. After reviewing the applicable FDA safety standards and the PHMSA findings, these devices were determined by the FAA to be acceptable for use in air commerce. Good Cause for Adoption of This Final Rule Without Notice and Comment As stated above, SFAR 106 was published on July 12, 2005. We stated in the preamble of that final rule that the *AirSep LifeStyle* and *Inogen One* POC devices were the only known acceptable devices when the rule was published. We also stated in that final rule that “we cannot predict how future products may be developed and work.” We initiated a notice and comment period for the use of POC devices on board aircraft on July 14, 2004, (69 FR 42324) and responded to the comments received in response to that NPRM in the final rule published in 2005. Therefore, it is unnecessary to publish a notice to request comments on this amendment because all issues related to the use of POC devices on board an aircraft have already been discussed. Further notice and comment would also delay the acceptance of the *DeVilbiss Healthcare Inc.'s iGo, International Biophysics Corporation's LifeChoice,* *Inogen Inc.'s Inogen One G2,* and *Oxlife LLC.'s Oxlife Independence Oxygen Concentrator* POC devices as authorized for use on board aircraft, which would delay their availability for passengers in need of oxygen therapy. Therefore, I find that notice and public comment under 5 U.S.C. 553(b) is unnecessary and contrary to the public interest. Further, I find that good cause exists for making this rule effective immediately upon publication. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to comply with International Civil Aviation Organization

(ICAO)Standards and Recommended Practices to the maximum extent practicable. The FAA determined that there are no ICAO Standards and Recommended Practices that correspond to these regulations. I find that this action is fully consistent with my obligations under 49 U.S.C. 40105(b)(1)(A) to ensure that I exercise my duties consistently with the obligations of the United States under international agreements. Paperwork Reduction Act As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA submitted a copy of the new information collection requirements in SFAR 106 to the Office of Management and Budget for its review. OMB approved the collection of this information and assigned OMB Control Number 2120-0702. This final rule requires that if a passenger carries a POC device on board the aircraft with the intent to use it during the flight, he or she must inform the pilot in command of that flight. Additionally, the passenger who plans to use the device must provide a written statement signed by a licensed physician that verifies the passenger's ability to operate the device, respond to any alarms, the extent to which the passenger must use the POC (all or a portion of the flight), and prescribes the maximum oxygen flow rate. Please note that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The Paperwork Reduction Act paragraph in the final rule that established SFAR 106 still applies to this amendment. The availability of four new POC devices will likely increase the availability and options for a passenger in need of oxygen therapy, but the paperwork burden discussed in the original final rule is unchanged. Therefore, the OMB Control Number associated with this collection remains 2120-0702. Regulatory Evaluation, Regulatory Flexibility Determination, International Trade Impact Assessment, and Unfunded Mandates Assessment Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 directs that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or Tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this final rule. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it be included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows: This action amends Special Federal Aviation Regulation 106 (SFAR 106), Use of Certain Portable Oxygen Concentrator Devices On Board Aircraft, to allow for the use of the *DeVilbiss Healthcare Inc.'s iGo, International Biophysics Corporation's LifeChoice, Inogen Inc.'s Inogen One G2,* and *Oxlife LLC.'s Oxlife Independence Oxygen Concentrator* portable oxygen concentrator

(POC)devices on board aircraft, provided certain conditions in the SFAR are met. This action is necessary to allow additional POC devices deemed acceptable by the FAA to be available to the traveling public in need of oxygen therapy, for use in air commerce. When this rule becomes effective, there will be a total of eleven different POC devices the FAA finds acceptable for use on board aircraft, and passengers will be able to carry these devices on board the aircraft and use them with the approval of the aircraft operator. FAA has, therefore, determined that this final rule is not a “significant regulatory action” as defined in section 3(f) of Executive Order 12866, and is not “significant” as defined in DOT's Regulatory Policies and Procedures. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96-354)

(RFA)establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. This final rule adds *DeVilbiss Healthcare Inc.'s iGo, International Biophysics Corporation's LifeChoice,* *Inogen Inc.'s Inogen One G2,* and *Oxlife LLC.'s Oxlife Independence Oxygen Concentrator* to the list of authorized POC devices in SFAR 106. Its economic impact is minimal. Therefore, as the FAA Administrator, I certify that this action will not have a significant economic impact on a substantial number of small entities. International Trade Analysis The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards are not considered unnecessary obstacles to the foreign commerce of the United States, so long as the standards have a legitimate domestic objective, such the protection of safety, and do not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA notes the purpose is to ensure the safety of the American public, and has assessed the effects of this rule to ensure it does not exclude imports that meet this objective. As a result, this final rule is not considered as creating an unnecessary obstacle to foreign commerce. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and Tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $136.1 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action will not have a substantial direct effect on the States, or the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, we have determined that this final rule does not have federalism implications. Plain Language In response to the June 1, 1998, Presidential Memorandum regarding the use of plain language, the FAA re-examined the writing style currently used in the development of regulations. The memorandum requires Federal agencies to communicate clearly with the public. We are interested in your comments on whether the style of this document is clear, and in any other suggestions you might have to improve the clarity of FAA communications that affect you. You can get more information about the Presidential memorandum and the plain language initiative at *http://www.plainlanguage.gov* . Environmental Analysis FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 312f and involves no extraordinary circumstances. Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). We have determined that it is not a “significant energy action” under the executive order because it is not a “significant regulatory action” and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Availability of Rulemaking Documents You can get an electronic copy using the Internet by:

(1)Searching the Federal eRulemaking Portal at *http://www.regulations.gov;*

(2)Visiting the FAA's Regulations and Policies Web page at *http://www.faa.gov/regulations_policies/;* or

(3)Accessing the Government Printing Office's Web page at *http://www.gpoaccess.gov/fr/index.html.* You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling

(202)267-9680. Make sure to identify the amendment number or docket number of this rulemaking. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. Therefore, any small entity that has a question regarding this document may contact their local FAA official, or the person listed under FOR FURTHER INFORMATION CONTACT. You can find out more about SBREFA on the Internet at our site, *http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.* List of Subjects in 14 CFR Part 121 Air carriers, Aircraft, Airmen, Alcohol abuse, Drug abuse, Reporting and recordkeeping requirements. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends SFAR No. 106 to Chapter II of Title 14, Code of Federal Regulations, as follows: PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 1. The authority citation for part 121 continues to read as follows: Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 41721, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105. 2. Amend SFAR 106 by revising sections 2 and 3(a) introductory text to read as follows: Special Federal Aviation Regulation 106—Rules for Use of Portable Oxygen Concentrator Systems on Board Aircraft Section 2. *Definitions* —For the purposes of this SFAR the following definitions apply: Portable Oxygen Concentrator: means the *AirSep FreeStyle, AirSep LifeStyle,* *Delphi RS-00400, DeVilbiss Healthcare iGo,* *Inogen One, Inogen One G2,* *International Biophysics LifeChoice, Invacare XPO100,* *Oxlife Independence Oxygen Concentrator, Respironics EverGo,* and *SeQual Eclipse* Portable Oxygen Concentrator medical device units as long as those medical device units:

(1)Do not contain hazardous materials as determined by the Pipeline and Hazardous Materials Safety Administration;

(2)are also regulated by the Food and Drug Administration; and

(3)assist a user of medical oxygen under a doctor's care. These units perform by separating oxygen from nitrogen and other gases contained in ambient air and dispensing it in concentrated form to the user. Section 3. Operating Requirements—

(a)No person may use and no aircraft operator may allow the use of any portable oxygen concentrator device, except the *AirSep FreeStyle, AirSep LifeStyle,* *Delphi RS-00400, DeVilbiss Healthcare iGo,* *Inogen One, Inogen One G2,* *International Biophysics LifeChoice, Invacare XPO100,* *Oxlife Independence Oxygen Concentrator, Respironics EverGo,* and *SeQual Eclipse* Portable Oxygen Concentrator units. These units may be carried on and used by a passenger on board an aircraft provided the aircraft operator ensures that the following conditions are satisfied: Issued in Washington, DC, on December 22, 2009. J. Randolph Babbitt, Administrator. [FR Doc. E9-31380 Filed 1-5-10; 8:45 am] BILLING CODE 4910-13-P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 275 [Release No. IA-2965A; File No. S7-23-07] RIN 3235-AJ96 Temporary Rule Regarding Principal Trades With Certain Advisory Clients AGENCY: Securities and Exchange Commission. ACTION: Final rule; correction. SUMMARY: On December 30, 2009, the Securities and Exchange Commission published a **Federal Register** document adopting as final Rule 206(3)-3T under the Investment Advisers Act of 1940, the interim final temporary rule that establishes an alternative means for investment advisers who are registered with the Commission as broker-dealers to meet the requirements of Section 206(3) of the Investment Advisers Act when they act in a principal capacity in transactions with certain of their advisory clients. As adopted, the only change to the rule was the expiration date in paragraph

(d)of the section. Rule 206(3)-3T will sunset on December 31, 2010. This document makes a correction to that document. DATES: Effective December 31, 2009. The DATES section for FR Doc. 2009-30877, published on December 30, 2009 (74 FR 69009) is corrected to read “ DATES: The amendments in this document are effective December 30, 2009 and the expiration date for 17 CFR 275.206(3)-3T is extended to December 31, 2010”. FOR FURTHER INFORMATION CONTACT: Sarah A. Bessin, Assistant Director, Daniel S. Kahl, Branch Chief, or Matthew N. Goldin, Senior Counsel, at

(202)551-6787 or *IArules@sec.gov* , Office of Investment Adviser Regulation, Division of Investment Management, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549-5041. SUPPLEMENTARY INFORMATION: The Securities and Exchange Commission is correcting the DATES section for FR Doc. 2009-30877, published on December 30, 2009 (74 FR 69009), to read “ DATES: The amendments in this document are effective December 20, 2009 and the expiration date for 17 CFR 275.206(3)-3T is extended to December 31, 2010.” By the Commission. Dated: December 31, 2009. Elizabeth M. Murphy, Secretary. [FR Doc. E9-31420 Filed 12-31-09; 4:15 pm] BILLING CODE 8011-01-P DEPARTMENT OF THE TREASURY Office of the Secretary 31 CFR Part 1 Freedom of Information Act, Privacy Act of 1974; Implementation AGENCY: Department of the Treasury. ACTION: Final rule. SUMMARY: This document amends the Department of the Treasury's regulations on the disclosure of records under the Freedom of Information Act

(FOIA)and its regulations concerning the Privacy Act of 1974 (Privacy Act). It also amends the appendices to these subparts setting forth the administrative procedures by which the Special Inspector General for the Troubled Asset Relief Program (“SIGTARP”) will process requests for records made under the FOIA, and setting forth the administrative procedures by which SIGTARP will implement the Privacy Act. In addition, the document revises the list of Treasury offices and bureaus found in this part. DATES: *Effective Date:* January 6, 2010. FOR FURTHER INFORMATION CONTACT: Dale Underwood, Privacy Act Officer, Department of the Treasury, phone number 202-622-0874 or *dale.underwood@do.treas.gov* . SUPPLEMENTARY INFORMATION: These regulations update the list of Treasury bureaus and offices enumerated in 31 CFR 1.1 and 1.20, and more closely reflect the organization of the Department as set out in Treasury Order 101-05, “Reporting Relationships and Supervision of Officials, Offices and Bureaus, Delegation of Certain Authority, and Order of Succession in the Department of the Treasury” dated February 19, 2008. Language is being added to the first paragraph of Section 1.1 to permit offices and bureaus to issue supplementary regulations applicable only to the component in question, which are consistent with the regulations. This will conform 31 CFR Section 1.1 with the language found in 31 CFR Section 1.20. Another change is to consistently use the term “component” in Section 1.1 and 1.20 rather than using the term “offices and bureaus” in one and “components” in the other. The document also amends 31 CFR part 1 and the FOIA and Privacy Act procedures of Treasury's Departmental Offices found in the appendices to subparts A and C of this Part. It reflects the creation of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) authorized under Section 121 of The Emergency Economic Stabilization Act of 2008 (“Act”), Public Law 110-343. As an independent office of the Department of Treasury, SIGTARP is responsible for coordinating and conducting audits and investigations of the Troubled Asset Relief Program established by the Secretary under the Act. The passage of the Homeland Security Act of 2002 established the Alcohol and Tobacco Tax and Trade Bureau

(TTB)as a bureau of the Department of the Treasury and transferred certain functions of the Bureau of Alcohol, Tobacco, and Firearms to the Department of Justice. Three other bureaus, the United States Customs Service, Federal Law Enforcement Training Center, and the United States Secret Service, were transferred to the Department of Homeland Security. This final rule makes the necessary housekeeping changes to reflect the transfer of these bureaus and functions to other Federal Departments and the establishment of SIGTARP by revising the list of Treasury bureaus and offices and re-designating the respective paragraphs of Sections 1.1 and 1.20. As part of the review undertaken to identify minor changes to the regulations in Subpart C it was found that a system of records that had been deleted from the Department's inventory of systems of records on April 17, 1992, at 57 FR 13900 had not been removed from the list of Privacy Act systems of records for which an exemption has been claimed pursuant to 5 USC 552a (k)(2). The final regulation makes this correction to Section 1.36 of subpart C, Paragraph (g)(1)(v)(iii) by removing the system of records entitled “IRS 42.012-Combined Case Control File” from the table. Appendix A to subpart A of Part 1

(FOIA)is being amended to update the titles of those officials who have been identified for receipt of FOIA requests, administrative appeals, and appellate determinations for requests for expedited processing. Appendix A to subpart C of Part 1 (Privacy Act) is being amended to update the offices or titles of those who receive Privacy Act requests, requests for amendment of records or administrative appeal of an initial determination not to amend a record. In addition, the instructions found in this appendix for delivering requests personally to the Main Treasury Building are being deleted because of the increased security requirements caused by Treasury's proximity to the White House. These regulations are being published as a final rule because the amendments do not impose any requirements on any member of the public and do not alter the procedures relating to the way in which the Departmental Offices currently handle FOIA and PA obligations. These amendments are the most efficient means for the Treasury Department to implement its internal requirements for complying with the FOIA and the Privacy Act. Accordingly, pursuant to 5 U.S.C. 553(b)(B) and (d)(3), the Department of the Treasury finds good cause that prior notice and other public procedure with respect to this rule are impracticable and unnecessary and finds good cause for making this rule effective on the date of publication in the **Federal Register.** In accordance with Executive Order 12866, it has been determined that this final rule is not a “significant regulatory action” and, therefore, does not require a Regulatory Impact Analysis. The regulation will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) do not apply. List of Subjects in 31 CFR Part 1 Freedom of Information; Privacy. Part 1 of Title 31 of the Code of Federal Regulations is amended as follows: PART 1—[AMENDED] 1. The authority citation for part 1 continues to read as follows: Authority: 5 U.S.C. 301 and 31 U.S.C. 321. Subpart A also is issued under 5 U.S.C. 552, as amended. Subpart C also is issued under 5 U.S.C. 552a. Subpart A—Freedom of Information Act 2. In § 1.1 revise paragraph

(a)to read as follows: § 1.1 General.

(a)Purpose and scope.

(1)This subpart contains the regulations of the Department of the Treasury implementing the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended by the Electronic Freedom of Information Act Amendments of 1996. The regulations set forth procedures for requesting access to records maintained by the Department of the Treasury. These regulations apply to all components of the Department of the Treasury. Any reference in this subpart to the Department or its officials, employees, or records shall be deemed to refer also to the components or their officials, employees, or records. Persons interested in the records of a particular component should also consult the appendix to this subpart that pertains to that component. In connection with such republication, and at other appropriate times, components may issue supplementary regulations applicable only to the component in question, which are consistent with these regulations. In the event of any actual or apparent inconsistency, these Departmental regulations shall govern. Persons interested in the records of a particular component should, therefore, also consult the Code of Federal Regulations for any rules or regulations promulgated specifically with respect to that component (see Appendices to this subpart for cross references). The head of each component is hereby authorized to substitute the officials designated and change the addresses specified in the appendix to this subpart applicable to the components. The components of the Department of the Treasury for the purposes of this subpart are the following offices and bureaus:

(i)The Departmental Offices, which include the offices of:

(A)The Secretary of the Treasury, including immediate staff;

(B)The Deputy Secretary of the Treasury, including immediate staff;

(C)The Chief of Staff, including immediate staff;

(D)The Executive Secretary of the Treasury and all offices reporting to such official, including immediate staff;

(E)Under Secretary (International Affairs) and all offices reporting to such official, including immediate staff;

(F)Assistant Secretary (International Economics and Development) and all offices reporting to such official, including immediate staff;

(G)Assistant Secretary (Financial Markets and Investment Policy) and all offices reporting to such official, including immediate staff;

(H)Under Secretary (Domestic Finance) and all offices reporting to such official, including immediate staff;

(I)Fiscal Assistant Secretary and all offices reporting to such official, including immediate staff;

(J)Assistant Secretary (Financial Institutions) and all offices reporting to such official, including immediate staff;

(K)Assistant Secretary (Financial Markets) and all offices reporting to such official, including immediate staff;

(L)Assistant Secretary (Financial Stability) and all offices reporting to such official, including immediate staff;

(M)Under Secretary (Terrorism & Financial Intelligence) and all offices reporting to such official, including immediate staff;

(N)Assistant Secretary (Terrorist Financing) and all offices reporting to such official, including immediate staff;

(O)Assistant Secretary (Intelligence and Analysis) and all offices reporting to such official, including immediate staff;

(P)General Counsel and all offices reporting to such official, including immediate staff; except legal counsel to the components listed in paragraphs (a)(1)(i)(W), (a)(1)(i)(X), (a)(1)(i)(Y), and (a)(1)(ii) through

(x)of this section;

(Q)Treasurer of the United States including immediate staff;

(R)Assistant Secretary (Legislative Affairs) and all offices reporting to such official, including immediate staff;

(S)Assistant Secretary (Public Affairs) and all offices reporting to such official, including immediate staff;

(T)Assistant Secretary (Economic Policy) and all offices reporting to such official, including immediate staff;

(U)Assistant Secretary (Tax Policy) and all offices reporting to such official, including immediate staff;

(V)Assistant Secretary (Management) and Chief Financial Officer, and all offices reporting to such official, including immediate staff;

(W)The Inspector General, and all offices reporting to such official, including immediate staff;

(X)The Treasury Inspector General for Tax Administration, and all offices reporting to such official, including immediate staff;

(Y)The Special Inspector General for the Troubled Asset Relief Program, and all offices reporting to such official, including immediate staff;

(ii)Alcohol and Tobacco Tax and Trade Bureau.

(iii)Bureau of Public Debt.

(iv)Financial Management Service.

(v)Internal Revenue Service.

(vi)Comptroller of the Currency.

(vii)Office of Thrift Supervision.

(viii)Bureau of Engraving and Printing.

(ix)United States Mint.

(x)Financial Crimes Enforcement Network.

(2)For purposes of this subpart, the office of the legal counsel for the components listed in paragraphs (a)(1)(i)(W), (a)(1)(i)(X), (1)(i)(Y) and (a)(1)(ii) through

(x)of this section, are to be considered a part of their respective component. Any office which is now in existence or may hereafter be established, which is not specifically listed or known to be a component of any of those listed above, shall be deemed a part of the Departmental Offices for the purpose of these regulations. 3. Appendix A to Subpart A of Part 1 is amended as follows: a. In the third paragraph, remove the word “Assistant” from the second sentence. b. In paragraph 4.(i), add the phrase “Special Inspector General for Troubled Assets Relief Program,” after the words “Treasury Inspector General for Tax Administration,” and before the words “Treasurer of the United States,” c. In paragraph 4.(ii), by removing “Deputy Assistant Secretary (Administration),” and add in its place “Deputy Assistant Secretary for Privacy and Treasury Records.” d. In paragraph 4.

(iii)remove the word “Assistant”. Subpart C—Privacy Act 4. In § 1.20, revise the section heading, introductory text, and paragraphs

(a)through

(j)to read as follows: § 1.20 Purpose and scope of regulation. The regulations in this subpart are issued to implement the provisions of the Privacy Act of 1974 (5 U.S.C. 552a). The regulations apply to all records which are contained in systems of records maintained by the Department of the Treasury and which are retrieved by an individual's name or personal identifier. They do not relate to those personnel records of Government employees, which are under the jurisdiction of the Office of Personnel Management to the extent such records are subject to regulations issued by such OPM. The regulations apply to all components of the Department of the Treasury. Any reference in this subpart to the Department or its officials, employees, or records shall be deemed to refer also to the components or their officials, employees, or records. The regulations set forth the requirements applicable to Department of the Treasury employees maintaining, collecting, using or disseminating records pertaining to individuals. They also set forth the procedures by which individuals may request notification of whether the Department of the Treasury maintains or has disclosed a record pertaining to them or may seek access to such records maintained in any nonexempt system of records, request correction of such records, appeal any initial adverse determination of any request for amendment, or may seek an accounting of disclosures of such records. For the convenience of interested persons, the components of the Department of the Treasury may reprint these regulations in their entirety (less any appendices not applicable to the component in question) in those titles of the Code of Federal Regulations which normally contain regulations applicable to such components. In connection with such republication, and at other appropriate times, components may issue supplementary regulations applicable only to the component in question, which are consistent with these regulations. In the event of any actual or apparent inconsistency, these Departmental regulations shall govern. Persons interested in the records of a particular component should, therefore, also consult the Code of Federal Regulations for any rules or regulations promulgated specifically with respect to that component (see Appendices to this subpart for cross references). The head of each component is hereby also authorized to substitute other appropriate officials for those designated and correct addresses specified in the appendix to this subpart applicable to the component. The components of the Department of the Treasury for the purposes of this subpart are the following offices and bureaus:

(a)The Departmental Offices, which include the offices of:

(1)The Secretary of the Treasury, including immediate staff;

(2)The Deputy Secretary of the Treasury, including immediate staff;

(3)The Chief of Staff, including immediate staff;

(4)The Executive Secretary of the Treasury and all offices reporting to such official, including immediate staff;

(5)Under Secretary (International Affairs) and all offices reporting to such official, including immediate staff;

(6)Assistant Secretary (International Economics and Development) and all offices reporting to such official, including immediate staff;

(7)Assistant Secretary (Financial Markets and Investment Policy) and all offices reporting to such official, including immediate staff;

(8)Under Secretary (Domestic Finance) and all offices reporting to such official, including immediate staff;

(9)Fiscal Assistant Secretary and all offices reporting to such official, including immediate staff;

(10)Assistant Secretary (Financial Institutions) and all offices reporting to such official, including immediate staff;

(11)Assistant Secretary (Financial Markets) and all offices reporting to such official, including immediate staff;

(12)Assistant Secretary (Financial Stability) and all offices reporting to such official, including immediate staff;

(13)Under Secretary (Terrorism & Financial Intelligence) and all offices reporting to such official, including immediate staff;

(14)Assistant Secretary (Terrorist Financing) and all offices reporting to such official, including immediate staff;

(15)Assistant Secretary (Intelligence and Analysis) and all offices reporting to such official, including immediate staff;

(16)General Counsel and all offices reporting to such official, including immediate staff; except legal counsel to the components listed in paragraphs (a)(23), (a)(24), and (a)(25) and

(b)through

(j)of this section;

(17)Treasurer of the United States including immediate staff;

(18)Assistant Secretary (Legislative Affairs) and all offices reporting to such official, including immediate staff;

(19)Assistant Secretary (Public Affairs) and all offices reporting to such official, including immediate staff;

(20)Assistant Secretary (Economic Policy) and all offices reporting to such official, including immediate staff;

(21)Assistant Secretary (Tax Policy) and all offices reporting to such official, including immediate staff;

(22)Assistant Secretary (Management) and Chief Financial Officer, and all offices reporting to such official, including immediate staff;

(23)The Inspector General, and all offices reporting to such official, including immediate staff;

(24)The Treasury Inspector General for Tax Administration, and all offices reporting to such official, including immediate staff;

(25)The Special Inspector General for the Troubled Asset Relief Program, and all offices reporting to such official, including immediate staff;

(b)Alcohol and Tobacco Tax and Trade Bureau.

(c)Bureau of Public Debt.

(d)Financial Management Service.

(e)Internal Revenue Service.

(f)Comptroller of the Currency.

(g)Office of Thrift Supervision.

(h)Bureau of Engraving and Printing.

(i)United States Mint.

(j)Financial Crimes Enforcement Network. For purposes of this subpart, the office of the legal counsel for the components listed in paragraphs (a)(23), (a)(24), (a)(25),

(b)through

(j)of this section are to be considered a part of such components. Any office, which is now in existence or may hereafter be established, which is not specifically listed or known to be a component of any of those listed above, shall be deemed a part of the Departmental Offices for the purpose of these regulations. § 1.36 [Amended] 5. In § 1.36, paragraph (g)(1)(viii) is amended by removing “IRS 42.012-Combined Case Control File” from the table. 6. Appendix A to Subpart C of Part 1 is amended by: Departmental Offices: a. In the second paragraph, by adding “Director, Disclosure Services” after the words “Privacy Act Request, DO” and before the words “Department of the Treasury,” and by removing the last sentence. b. In the third paragraph, by adding “Director, Disclosure Services” after “DO,” and before the words “Department of the Treasury” in the last sentence of the paragraph. c. In the fourth paragraph, by adding “Special Inspector General for Troubled Assets Relief Program,” after “General Counsel,” and before the words “or Assistant Secretary,” and by adding “Director, Disclosure Services” after the words “Privacy Act Amendment Request,” and before the words “Department of the Treasury,” and by removing the last sentence. Dated: December 24, 2009. Melissa Hartman, Acting Deputy Assistant Secretary for Privacy and Treasury Records. [FR Doc. E9-31150 Filed 1-5-10; 8:45 am] BILLING CODE 4810-25-P DEPARTMENT OF THE TREASURY Fiscal Service 31 CFR Part 285 RIN 1510-AB20 Offset of Tax Refund Payments To Collect Past-Due, Legally Enforceable Nontax Debt; Correction AGENCY: Financial Management Service, Fiscal Service, Treasury. ACTION: Correcting amendment. SUMMARY: The Department of the Treasury, Financial Management Service published a document in the **Federal Register** on Monday, December 28, 2009. That document inadvertently contained incorrect dates in the rule. This document corrects those dates. DATES: Effective on January 4, 2010. FOR FURTHER INFORMATION CONTACT: Thomas Dungan, Senior Policy Analyst, at

(202)874-6660, or Tricia Long, Senior Counsel, at

(202)874-6680. SUPPLEMENTARY INFORMATION: The Department of the Treasury, Financial Management Service published a document in the **Federal Register** on Monday, December 28, 2009 (74 FR 68537). That document inadvertently contained incorrect dates in the rule. This document corrects the dates set forth in paragraph (d)(6) of § 285.2. List of Subjects in 31 CFR Part 285 Administrative practice and procedure, Black lung benefits, Child support, Claims, Credit, Debts, Disability benefits, Federal employees, Garnishment of wages, Hearing and appeal procedures, Loan programs, Privacy, Railroad retirement, Railroad unemployment insurance, Salaries, Social Security benefits, Supplemental Security Income (SSI), Taxes, Veteran's benefits, Wages. Accordingly, 31 CFR part 285 is corrected by making the following correcting amendment: PART 285—DEBT COLLECTION AUTHORITIES UNDER THE DEBT COLLECTION IMPROVEMENT ACT OF 1996 1. The authority citation for part 285 continues to read as follows: Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 321, 3701, 3711, 3716, 3719, 3720A, 3720B, 3720D; 42 U.S.C. 664; E.O. 13019, 61 FR 51763, 3 CFR, 1996 Comp., p. 216. § 285.2 [Corrected] 2. In § 285.2, remove “January 27, 2010” wherever it appears, and add, in its place, “December 28, 2009”. Dated: January 4, 2010. David A. Lebryk, Commissioner, Financial Management Service. [FR Doc. 2010-20 Filed 1-4-10; 4:15 pm]

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U.S. Code