This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

49813 

Vol. 75, No. 157 

Monday, August 16, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2010–0140] 

RIN 3150–AI86 

List of Approved Spent Fuel Storage 

Casks: MAGNASTOR System, Revision 

1, Confirmation of Effective Date 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule: Confirmation 

of effective date. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of August 30, 2010, for the 

direct final rule that was published in 

the Federal Register on June 15, 2010 

(75 FR 33678). This direct final rule 

amended the NRC’s spent fuel storage 

regulations at 10 CFR 72.214 to revise 

the MAGNASTOR System listing to 

include Amendment Number 1 to 

Certificate of Compliance (CoC) Number 

1031. 

DATES: Effective Date: The effective date 

of August 30, 2010, is confirmed for this 

direct final rule. 

ADDRESSES: Documents related to this 

rulemaking, including any comments 

received, may be examined at the NRC 

Public Document Room, Room O–1F23, 

11555 Rockville Pike, Rockville, MD 

20852. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555, telephone (301) 415–6219, email Jayne.McCausland@nrc.gov. 

SUPPLEMENTARY INFORMATION: On June 

15, 2010 (75 FR 33678), the NRC 

published a direct final rule amending 

its regulations at 10 CFR 72.214 to 

include Amendment No. 1 to CoC 

Number 1031. Amendment No. 1 

changes Technical Specifications (TS) 

related to neutron absorber qualification 

and acceptance testing. Specifically, the 

amendment revises TS 4.1.1.b and 

incorporates by reference, into the 

MAGNASTOR CoC, Sections 10.1.6.4.5, 

10.1.6.4.6, 10.1.6.4.7, and 10.1.6.4.8 of 

the Final Safety Analysis Report 

regarding the acceptance testing of 

borated aluminum alloy and borated 

metal matrix composite neutron 

absorber material. The amendment also 

includes other changes in Appendices A 

and B of the TS to incorporate minor 

editorial corrections. In the direct final 

rule, NRC stated that if no significant 

adverse comments were received, the 

direct final rule would become final on 

August 30, 2010. The NRC did not 

receive any comments on the direct 

final rule. Therefore, this rule will 

become effective as scheduled. 

Dated at Rockville, Maryland, this 10th day 

of August 2010. 

For the Nuclear Regulatory Commission. 

Cindy Bladey, 

Chief, Rules, Announcements, and Directives 

Branch,Division of Administrative Services, 

Office of Administration. 

[FR Doc. 2010–20172 Filed 8–13–10; 8:45 am] 

BILLING CODE 7590–01–P 

ELECTION ASSISTANCE COMMISSION 

11 CFR Parts 9405, 9407, 9409, 9410, 

9420, and 9428 

Change of Address 

AGENCY: United States Election 

Assistance Commission (EAC). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The U.S. Election Assistance 

Commission (EAC) is amending its 

regulations to reflect a change of address 

for its headquarters. This technical 

amendment is a nomenclature change 

that updates and corrects the address for 

contacting and submitting requests to 

EAC headquarters. 

DATES: August 16, 2010. 

ADDRESSES: 1201 New York Avenue, 

NW., Suite 300, Washington, DC 20005. 

FOR FURTHER INFORMATION CONTACT: 

Tamar Nedzar, Associate General 

Counsel, U.S. Election Assistance 

Commission, 1201 New York Avenue, 

NW., Suite 300, Washington, DC 20005; 

Telephone: 202–566–3100. 

SUPPLEMENTARY INFORMATION: On March 

22, 2010, EAC’s Headquarters relocated 

from 1225 New York Ave, NW., Suite 

1100, Washington, DC 20005 to 1201 

New York Ave, NW., Suite 300, 

Washington, DC 20005. This address 

will appear as EAC’s official agency 

address and serve as the reception point 

for agency visitors. Telephone numbers 

for EAC employees have not changed. 

I. Statutory Authority 

This action is taken under EAC’s 

authority, at 5 U.S.C. 552, to publish 

regulations in the Federal Register. 

Under the Administrative Procedure 

Act, at 5 U.S.C. 553(b)(3)(B), statutory 

procedures for agency rulemaking do 

not apply ‘‘when the agency for good 

cause finds (and incorporates the 

finding and a brief statement of reasons 

therefore in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ EAC finds that 

such notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest, on the grounds 

that: (1) These amendments are 

technical and non-substantive; and (2) 

the public benefits from timely 

notification of a change in the official 

agency address, and further delay is 

unnecessary and contrary to the public 

interest. Similarly, because this final 

rule makes no substantive changes and 

merely reflects a change of address in 

existing regulations, this final rule is not 

subject to the effective date limitation of 

5 U.S.C. 553(d). 

II. Regulatory Procedures 

A. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), EAC has determined 

that this rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The regulation affects only the U.S. 

Election Assistance Commission. This 

rule does not require a general notice of 

proposed rulemaking and, therefore, is 

exempt from the requirements of the 

Regulatory Flexibility Act. 

B. Collection of Information 

This regulation contains no new 

information collection requirements 

subject to review by the Office of 

Management and Budget under the 

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49814 Federal Register / Vol. 75, No. 157 / Monday, August 16, 2010 / Rules and Regulations 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

C. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. EAC analyzed this 

rule under that Executive Order and 

have determined that it does not have 

implications for federalism. 

D. Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

E. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

F. Protection of Children 

EAC analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

G. Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

H. Energy Effects 

EAC analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

I. Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through OMB, with 

an explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. This rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

J. Environment 

EAC analyzed this final rule under 

Department of Homeland Security 

Management Directive 023–01 which 

guides EAC in complying with the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321–4365), 

and concluded that this rule is part of 

a category of actions described in item 

A3 of Table 1 in Appendix A of the 

Management Directive. This proposed 

rulemaking would not individually or 

cumulatively have a significant effect on 

the human environment and, therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is necessary. 

K. Congressional Review Act 

EAC will submit this final rule to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act. The rule is 

effective upon publication, as permitted 

by 5 U.S.C. 808. Pursuant to 5 U.S.C. 

808(2), EAC finds that good cause exists 

for making this rule effective upon 

publication in the Federal Register, 

based on the reasons cited in the 

preceding paragraph for the 553(b)(3)(B) 

determination. 

■ For the reasons stated in the preamble, 

the Election Assistance Commission 

amends 11 CFR parts 9405, 9407, 9409, 

9410, 9420, and 9428 as follows: 

PART 9405—PROCEDURES FOR 

DISCLOSURE OF RECORDS UNDER 

THE FREEDOM OF INFORMATION ACT 

■ 1. The authority citation for part 9405 

continues to read as follows: 

Authority: 5 U.S.C. 552, as amended. 

§§ 9405.5 and 9405.7 [Amended] 

■ 2. Amend §§ 9405.5 and 9405.7 by 

removing the words ‘‘1225 New York 

Avenue, NW., Suite 1100’’ and adding, 

in their place, the words ‘‘1201 New 

York Avenue, NW., Suite 300’’ in the 

following places: 

■ a. § 9405.5(a)(4)(ii); 

■ b. § 9405.5(a)(4)(v); and 

■ c. § 9405.7(a). 

PART 9407—IMPLEMENTATION OF 

THE GOVERNMENT IN THE SUNSHINE 

ACT 

■ 3. The authority citation for part 9407 

continues to read as follows: 

Authority: 5 U.S.C. 552b. 

§ 9407.8 [Amended] 

■ 4. Amend § 9407.8 by removing the 

words ‘‘1225 New York Avenue, NW., 

Suite 1100’’ and adding, in their place, 

the words ‘‘1201 New York Avenue, 

NW., Suite 300.’’ 

PART 9409—TESTIMONY BY 

COMMISSION EMPLOYEES RELATING 

TO OFFICIAL INFORMATION AND 

PRODUCTION OF OFFICIAL RECORDS 

IN LEGAL PROCEEDINGS 

■ 5. The authority citation for part 9409 

continues to read as follows: 

Authority: 44 U.S.C. 3102. 

§§ 9409.5, 9409.6 and 9409.14 [Amended] 

■ 6. Amend §§ 9409.5, 9409.6 and 

9409.14 by removing the words ‘‘1225 

New York Avenue, NW., Suite 1100’’ 

and adding, in their place, the words 

‘‘1201 New York Avenue, NW., Suite 

300’’ in the following places: 

■ a. § 9409.5(a); 

■ b. § 9409.6; and 

■ c. § 9409.14(e). 

PART 9410—IMPLEMENTATION OF 

THE PRIVACY ACT OF 1974 

■ 7. The authority citation for part 9410 

continues to read as follows: 

Authority: 5 U.S.C. 552a. 

§§ 9410.3 and 9410.4 [Amended] 

■ 8. Amend §§ 9410.3 and 9410.4 by 

removing the words ‘‘1225 New York 

Avenue, NW., Suite 1100’’ and adding, 

in their place, the words ‘‘1201 New 

York Avenue, NW., Suite 300’’ in the 

following places: 

■ a. § 9410.3(b); and 

■ b. § 9410.4(a). 

PART 9420—NONDISCRIMINATION ON 

THE BASIS OF HANDICAP IN 

PROGRAMS OR ACTIVITIES 

CONDUCTED BY THE U.S. ELECTION 

ASSISTANCE COMMISSION 

■ 9. The authority citation for part 9420 

continues to read as follows: 

Authority: 29 U.S.C. 794. 

§ 9420.8 [Amended] 

■ 10. Amend § 9420.8 by removing the 

words ‘‘1225 New York Avenue, NW., 

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Federal Register / Vol. 75, No. 157 / Monday, August 16, 2010 / Rules and Regulations 49815 

1See NTSB safety recommendation A–04–060, 

which is included in the docket for this rulemaking 

or can be found at http://www.ntsb.gov/Recs/letters/ 

2004/A04_56_62.pdf. 

Suite 1100’’ and adding, in their place, 

the words ‘‘1201 New York Avenue, 

NW., Suite 300’’ in the following places: 

■ a. § 9420.8(d)(ii)(3); and 

■ b. § 9420.8(h)(i). 

PART 9428—NATIONAL VOTER 

REGISTRATION ACT 

■ 11. The authority citation for part 

9420 continues to read as follows: 

Authority: 42 U.S.C. 1973gg–1 et seq., 

15532 

§ 9428.7 [Amended] 

■ 12. Amend 9428.7 by removing the 

words ‘‘1225 New York Avenue, NW., 

Suite 1100’’ and adding, in their place, 

the words ‘‘1201 New York Avenue, 

NW., Suite 300.’’ 

Signed: August 10, 2010. 

Thomas Wilkey, 

Executive Director, U.S. Election Assistance 

Commission. 

[FR Doc. 2010–20089 Filed 8–13–10; 8:45 am] 

BILLING CODE 6820–KF–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2009–0810; Amendment 

No. 25–130] 

RIN 2120–AJ21 

Maneuvering Speed Limitation 

Statement 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The Federal Aviation 

Administration amends the 

airworthiness standards applicable to 

transport category airplanes to clarify 

that flying at or below the design 

maneuvering speed does not allow a 

pilot to make multiple large control 

inputs in one airplane axis or single full 

control inputs in more than one airplane 

axis at a time without endangering the 

airplane’s structure. The FAA is issuing 

this final rule to prevent pilots from 

misunderstanding the meaning of an 

airplane’s maneuvering speed, which 

could cause or contribute to a future 

accident. 

DATES: This amendment becomes 

effective October 15, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions about this final rule, 

contact Don Stimson, Airplane and 

Flight Crew Interface Branch, ANM– 

111, Transport Airplane Directorate, 

Aircraft Certification Service, FAA, 

1601 Lind Avenue, SW., Renton, WA 

98057–3356; telephone (425) 227–1129; 

facsimile (425) 227–1149, e-mail 

don.stimson@faa.gov. For legal 

questions about this final rule, contact 

Doug Anderson, Office of the Regional 

Counsel, ANM–7, Northwest Mountain 

Region, FAA, 1601 Lind Avenue, SW., 

Renton, WA 98057–3356; telephone 

(425) 227–2166; facsimile (425) 227– 

1007, e-mail douglas.anderson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. 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. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701, ‘‘General requirements.’’ Under 

that section, the FAA is charged with 

promoting safe flight of civil aircraft in 

air commerce by prescribing minimum 

standards required in the interest of 

safety for the design and performance of 

aircraft. This regulation is within the 

scope of that authority because it 

prescribes new safety standards for the 

design of transport category airplanes. 

I. Background 

A. Statement of the Problem 

On November 12, 2001, American 

Airlines Flight 587, an Airbus Industrie 

Model A300–605R airplane, crashed 

shortly after takeoff from New York’s 

John F. Kennedy International Airport. 

All 260 people aboard the airplane and 

5 people on the ground were killed. The 

airplane was destroyed by impact forces 

and a post-crash fire. The National 

Transportation Safety Board (NTSB) 

determined ‘‘that the probable cause of 

this accident was the in-flight 

separation of the vertical stabilizer as a 

result of the loads beyond ultimate 

design loads that were created by the 

first officer’s unnecessary and excessive 

rudder pedal inputs.’’ 

The NTSB’s investigation revealed 

that many pilots might have a general 

misunderstanding of what the design 

maneuvering speed (VA) is and the 

extent of structural protection that exists 

when an airplane is operated at speeds 

below its VA. VA is a structural design 

airspeed used in determining the 

strength requirements for the airplane 

and its control surfaces. The structural 

design requirements do not cover 

multiple control inputs in one axis or 

control inputs in more than one axis at 

a time at any speed, even below VA. 

The NTSB found that many pilots of 

transport category airplanes mistakenly 

believe that, as long as the airplane’s 

speed is below VA, they can make any 

control input they desire without 

risking structural damage to the 

airplane. As a result, the NTSB 

recommended that the FAA amend all 

relevant regulatory and advisory 

materials to clarify that operating at or 

below maneuvering speed does not 

provide structural protection against 

multiple full control inputs in one axis 

or full control inputs in more than one 

axis at the same time.1 After making our 

own assessment, the FAA agrees with 

the NTSB’s finding and the resulting 

recommendation. 

B. Summary of the NPRM 

This final rule is based on a notice of 

proposed rulemaking (NPRM), Notice 

No. 09–10, published in the Federal 

Register on September 4, 2009 (74 FR 

45777). In the NPRM, we proposed to 

amend 14 CFR 25.1583(a)(3) to change 

the requirement associated with a 

statement that must be furnished in the 

Airplane Flight Manual (AFM) 

explaining the use of VA to pilots. The 

proposed amendment was intended to 

clarify that, depending on the particular 

airplane design, flying at or below VA

does not allow a pilot to make multiple 

large control inputs in one airplane axis 

or single full control inputs in more 

than one airplane axis at a time without 

endangering the airplane’s structure. 

The comment period for the NPRM 

closed on November 3, 2009. 

C. Summary of the Final Rule 

The FAA is adopting this final rule to 

prevent pilots from misunderstanding 

the meaning of VA, which could cause 

or contribute to a future accident. The 

final rule adopts clarifying changes to 

certain statements that must be 

furnished in each AFM identifying the 

types of control inputs to avoid because 

they may result in structural failure. 

This final rule adopts the proposed 

rule with minor changes that will 

resolve a longstanding inconsistency in 

the current requirements that would 

have been left in place by the proposed 

rule. This inconsistency, which goes 

back to at least the 1953 Civil Air 

Regulations Part 4b, concerns the 

reference to ‘‘maneuvering speed VA’’ in 

the existing § 25.1583(a)(3). Sections 1.2 

and 25.335(c) define ‘‘VA’’ as the ‘‘design 

maneuvering speed,’’ not the 

‘‘maneuvering speed.’’ Section 25.1507 

defines the ‘‘maneuvering speed’’ as an 

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