Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Rules and Regulations 16357 

17Mailing address: 7500 Standish Pl., Rockville, 

MD 20855. 

18Mailing address: 901 Warrenville Rd., Lisle, IL 

60532. 

19Mailing address: 10 Exchange Pl., Jersey City, 

NJ 07302. 

20Mailing address: 201 Avenida Fabricante, San 

Clemente, CA 92672. 

21Mailing address: 865 SW 78th Ave., Plantation, 

FL 33324. 

22Mailing address: 5799 Broadmoor St., Mission, 

KS 66202. 

23Mailing address: 7519 Standish Pl., Bldg. 

MPN4, rm. 176, Rockville, MD 20855. 

24Mailing address: 7529 Standish Pl., Bldg. 

MPN5, rm. 3577, Rockville, MD 20855. 

25Mailing address: 7520 Standish Pl., Bldg. 

MPN2, rm. 239, Rockville, MD 20855. 

26Mailing Address: 7519 Standish Pl., Bldg. 

MPN5, rm. 300, Rockville, MD 20855. 

27Mailing address: 8401 Muirkirk Rd., Bldg. 

MOD2, rm. G101, Laurel, MD 20708. 

28Mailing address: 7500 Standish Pl., Bldg. 

MPN2, rm. N378, Rockville, MD 20855. 

1The Office of the Chief Counsel (also known as 

the Food and Drug Division, Office of the General 

Counsel, Department of Health and Human 

Services), while administratively within the Office 

of the Commissioner, is part of the Office of the 

General Counsel of the Department of Health and 

Human Services. 

Division of Planning, Evaluation, and 

Management. 

Division of Human Resource 

Development. 

Division of Management Operations. 

Division of Personnel Operations. 

Office of Information Technology. 

Office of Enforcement.5

Division of Compliance Management 

and Operations. 

Division of Compliance Policy. 

Division of Compliance Information and 

Quality Assurance. 

Office of Regional Operations.3

Division of Federal-State Relations. 

Division of Field Science. 

Division of Import Operations and 

Policy. 

Division of Field Investigations. 

Office of Criminal Investigations.17

Mid-Atlantic Area Office.3

Midwest Area Office.18

Northeast Area Office.19

Pacific Area Office.20

Southeast Area Office.21

Southwest Area Office.22

CENTER FOR VETERINARY 

MEDICINE.23

Office of the Center Director. 

Office of Management.24

Management Logistics Staff. 

Financial Resources Staff. 

Human Capital Staff. 

Learning Management Staff. 

Office of New Animal Drug 

Evaluation.25

Division of Therapeutic Drugs for NonFood Animals. 

Division of Biometrics and Production 

Drugs. 

Division of Therapeutic Drugs for Food 

Animals. 

Division of Human Food Safety. 

Division of Manufacturing 

Technologies. 

Division of Scientific Support. 

Division of Generic Animal Drugs. 

Office of Surveillance and 

Compliance.26

Division of Surveillance. 

Division of Animal Feeds. 

Division of Compliance. 

Division of Epidemiology. 

Office of Research.27

Administrative Staff 

Division of Residue Chemistry. 

Division of Animal Research. 

Division of Animal and Food 

Microbiology. 

Office of Minor Use and Minor Species 

Animal Drug Development.28

§ 5.1105 Chief Counsel, Food and Drug 

Administration. 

The Office of the Chief Counsel’s 

mailing address is 5600 Fishers Lane, 

rm. 6–05, Rockville, MD 20857.1

§ 5.1110 FDA public information offices. 

(a) Division of Dockets Management. 

The Division of Dockets Management 

public room is located in rm. 1061, 5630 

Fishers Lane, Rockville, MD 20852, 

Telephone: 301–827–6860. 

(b) Division of Freedom of 

Information. The Freedom of 

Information public room is located in 

rm. 6–30, Parklawn Bldg., 5600 Fishers 

Lane, Rockville, MD 20857, Telephone: 

301–827–6567. 

(c) Press Relations Staff. Press offices 

are located in White Oak Bldg. 1, 10903 

New Hampshire Ave., Silver Spring, MD 

20993, Telephone: 301–827–6242; and 

at 5100 Paint Branch Pkwy., College 

Park, MD 20740, Telephone: 301–436– 

2335. 

Dated: March 26, 2010. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2010–7282 Filed 3–31–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 23 

[Docket No. OST–2010–0022] 

RIN 2105–AD88 

Participation by Disadvantaged 

Business Enterprises in Airport 

Concessions 

AGENCY: Office of the Secretary (OST), 

DOT. 

ACTION: Final rule. 

SUMMARY: The Department of 

Transportation is removing the ‘‘sunset’’ 

provision from its rule governing the 

airport concessions disadvantaged 

business enterprise (ACDBE) program. 

The revised rule instead provides 

reviewing the program to ensure that it 

is being effectively implemented. 

DATES: This rule is effective April 1, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert C. Ashby, Deputy Assistant 

General Counsel for Regulation and 

Enforcement, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

Room W94–302, 202–366–9310, 

bob.ashby@dot.gov. 

SUPPLEMENTARY INFORMATION: When the 

Department issued its final rule revising 

its ACDBE rule (49 CFR part 23) in 

2005, the rule included at section 23.7 

a ‘‘sunset’’ provision. This provision 

said, unless extended by the 

Department, the provisions of part 23 

would terminate and become 

inoperative on April 21, 2010. The 

preamble to the rule explained the 

rationale for this provision as follows: 

The Department is introducing a ‘‘sunset’’ 

provision into the final rule as a way of 

addressing the durational element of narrow 

tailoring. A narrowly-tailored rule is not 

intended to remain in effect indefinitely. 

Rather, the rule should be reviewed 

periodically to ensure that it continues to be 

needed and that it remains a constitutionally 

appropriate way of implementing its 

objectives. Consequently, this provision 

states that this rule will terminate and cease 

being operative in five years, unless the 

Department extends it. We intend, beginning 

four years from now, to review the rule to 

determine whether it should be extended, 

modified, or allowed to expire. Of course, the 

underlying DBE statute remains in place, and 

its requirements continue to apply regardless 

of the status of this regulation, absent future 

Congressional action. (70 FR 14502; March 

22, 2005). 

The Department believes that it is useful 

to begin reviewing the provisions of part 

23 at this time, for the purpose of 


emcdonald on DSK2BSOYB1PROD with RULES
16358 Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Rules and Regulations 

determining of what, if any, 

modifications, are appropriate to 

improve its operations, in context of the 

‘‘strict scrutiny’’ requirements of 

narrowly tailoring a program to meet a 

compelling need to combat 

discrimination and its effects. 

Consequently, as part of the notice of 

proposed rulemaking (NPRM) for this 

final rule (73 FR 5551; February 3, 

2010), the Department solicited 

comments from interested parties 

concerning any and all changes to part 

23 they believe would be useful in 

helping the Department, airports, 

ACDBEs, and other airport-related 

businesses to achieve the ACDBE 

program’s objectives. The Department 

will use the information we receive to 

assist us in determining whether to 

issue a proposed rule to modify the 

ACDBE regulation. In addition, the 

Department is planning to meet with 

stakeholders, at times and places to be 

determined, to discuss potential 

changes to part 23. 

However, the Department does not 

believe it is appropriate to retain the 

‘‘sunset’’ provision itself. The 

Department can, and will, review the 

provisions of the rule without this 

provision being in place. Moreover, as 

the preamble discussion for section 23.7 

itself pointed out, the ACDBE program 

is mandated by statute. The Department 

does not believe that it would be 

meaningful to eliminate a regulation 

when its underlying statutory mandate 

remains applicable to airports and other 

participants. Doing so would simply 

cause confusion and disruption, making 

it more difficult for all parties 

concerned to carry out their 

responsibilities under the statute, which 

is not self-executing. A regulatory 

framework is necessary for rational 

implementation of the statute. Periodic 

program reviews by the Department, as 

well as consideration from time to time 

of the continuing need for the program 

by Congress, meet the durational 

element of narrow tailoring 

satisfactorily. 

Moreover, the Department is 

convinced that programs like those in 

49 CFR part 23 and its companion DBE 

rule, 49 CFR part 26, remain necessary 

to redress discrimination and its effects 

in airport programs and to ensure a level 

playing field for small businesses 

owned and controlled by socially and 

economically disadvantaged 

individuals. The extensive evidence 

provided to a March 2009 hearing of the 

House Transportation and Infrastructure 

Committee on this subject, and the 

findings of continuing need for DBE 

programs in the House-passed version of 

the Federal Aviation Administration 

reauthorization bill (H.R. 915), as well 

as the Department’s long-term 

experience in operating the program, 

support this conclusion. 

For these reasons, the Department 

proposed to amend section 23.7 by 

removing the ‘‘sunset’’ language and 

substituting a requirement for program 

review. The Department received only 

one comment to the docket, from an 

advocacy organization that opposes any 

use of race-conscious measures to 

remedy discrimination and its 

continuing effects. The commenter 

suggested that the regulation should be 

allowed to go out of effect, since, in the 

commenter’s view, there is no current 

justification for the use of raceconscious remedies in DOT programs. 

The Department does not agree with this 

commenter. Federal Courts have 

unanimously found that DOT’s DBE 

rules are constitutional, and the 

information presented in the March 

2009 House of Represntatives hearing 

referenced above provides strong 

evidence of the continuing need for the 

DBE program in aviation and other 

transportation contexts. 

We believe that the rationale for the 

proposed amendment to section 23.7 is 

sound, and we are, therefore, issuing 

this final rule deleting the ‘‘sunset 

provision.’’ 

Regulatory Analyses and Notices 

Administrative Procedure Act 

Having considered the potentially 

high risk of disruption posed by the 

current ‘‘sunset’’ provision, the 

Department believes that the program 

review approach embodied in this rule 

provides a better way of achieving the 

objective of ensuring that the durational 

element of narrow tailoring is achieved. 

In order to ensure that all parties 

understand that the program and 

regulation will continue without 

interruption or uncertainty, the 

Department believes that it is important 

to remove the ‘‘sunset’’ provision and 

substitute the program review approach 

at this time. 

In order to ensure that this 

amendment goes into effect before the 

April 21, 2010, date on which the 

existing sunset provision would 

terminate part 23, it is necessary for the 

amendment to become effective before 

that date. For this reason, the 

Department finds good cause, under 

section 553 of the Administrative 

Procedure Act, to make the rule 

effective immediately. 

Executive Order 12866 and Regulatory 

Flexibility Act 

The Department has determined that 

this action is not a significant regulatory 

action for purposes of Executive Order 

12866 or the Department’s regulatory 

policies and procedures. The rule does 

not impose any costs or burdens on 

grantees or other parties and simply 

keeps in place the opportunity for 

interested parties to participate in a 

program review. It makes no changes in 

the obligations of any party. For these 

reasons, the Department certifies that 

the rule does not have a significant 

economic impact on a substantial 

number of small entities. 

Paperwork Reduction Act 

This rule does not create any 

information collection requirements 

covered by the Paperwork Reduction 

Act. 

List of Subjects in 49 CFR Part 23 

Administrative practice and 

procedures, Airports, Civil rights, 

Government contracts, Grant 

programs—transportation, Minority 

business, Reporting and recordkeeping 

requirements. 

Issued at Washington, DC, March 25, 2010. 

Ray LaHood, 

Secretary of Transportation. 

■ For reasons discussed in the 

preamble, the Department of 

Transportation amends Title 49 of the 

Code of Federal Regulations, part 23, as 

follows: 

■ 1. The authority citation for 49 CFR 

part 23 continues to read as follows: 

Authority: 49 U.S.C. 47107; 42 U.S.C. 

2000d; 49 U.S.C. 322; Executive Order 12138. 

■ 2. Section 23.7 is revised to read as 

follows: 

§ 23.7 Program reviews. 

In 2010, and thereafter at the 

discretion of the Secretary, the 

Department will initiate a review of the 

ACDBE program to determine what, if 

any, modifications should be made to 

this part. 

[FR Doc. 2010–7401 Filed 3–31–10; 8:45 am] 

BILLING CODE 4910–9X–P 


emcdonald on DSK2BSOYB1PROD with RULES