Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37519 

1Pub. L. 103–31, 107 Stat. 77, 42 U.S.C. 1973gg– 

1 et seq. (1993). 

2 59 FR 32323 (June 23, 1994). 

3Pub. L. 107–252, 116 Stat. 1726, 42 U.S.C. 15532 

(2002). 

4 42 U.S.C. 15321. 

5 ‘‘There are transferred to the Election Assistance 

Commission established under section 201 all 

functions which the Federal Election Commission 

exercised under section 9(a) of the National Voter 

Registration Act of 1993 before the date of the 

enactment of this Act.’’ HAVA was enacted on 

October 29, 2002. 

(b) A participant who is determined to 

have erroneously represented any fact 

affecting a program determination made 

in accordance with this part shall not be 

entitled to contract payments and must 

refund to NRCS all payments, plus 

interest determined in accordance with 

7 CFR part 1403. 

(c) A participant shall refund to NRCS 

all payments, plus interest determined 

in accordance with 7 CFR part 1403, 

received by such participant with 

respect to all CSP contracts if they are 

determined to have: 

(1) Adopted any scheme or device 

that tends to defeat the purpose of the 

program; 

(2) Made any fraudulent 

representation; 

(3) Adopted any scheme or device for 

the purpose of depriving any tenant or 

sharecropper of the payments to which 

such person would otherwise be 

entitled under the program; or 

(4) Misrepresented any fact affecting a 

program determination. 

(d) Participants determined to have 

committed actions identified in 

paragraph (c) of this section shall: 

(1) Have their interest in all CSP 

contracts terminated; and 

(2) In accordance with § 1470.27(e), 

may be determined by NRCS to be 

ineligible for future NRCS-administered 

conservation program funding. 

§ 1470.37 Environmental credits for 

conservation improvements. 

NRCS believes that environmental 

benefits will be achieved by 

implementing conservation activities 

funded through CSP. These 

environmental benefits may result in 

opportunities for the program 

participant to sell environmental 

credits. These environmental credits 

must be compatible with the purposes 

of the contract. NRCS asserts no direct 

or indirect interest on these credits. 

However, NRCS retains the authority to 

ensure that operation and maintenance 

(O&M) requirements for CSP-funded 

improvements are met, consistent with 

§§ 1470.21 and 1470.23. Where actions 

may impact the land and conservation 

activities under a CSP contract, NRCS 

will at the request of the participant, 

assist with the development of an O&M 

compatibility assessment prior to the 

participant entering into any credit 

agreement. 

Signed this 21st day of July 2009, in 

Washington, DC. 

Dave White, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

[FR Doc. E9–17812 Filed 7–28–09; 8:45 am] 

BILLING CODE 3410–16–P 

FEDERAL ELECTION COMMISSION 

11 CFR Part 8 

[Notice 2009–17] 

ELECTION ASSISTANCE COMMISSION 

11 CFR Part 9428 

Reorganization of National Voter 

Registration Act Regulations 

AGENCY: Federal Election Commission; 

Election Assistance Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Election 

Commission (FEC) and the Election 

Assistance Commission (EAC) are 

jointly taking action to transfer 

regulations implementing the National 

Voter Registration Act of 1993 (NVRA) 

from the FEC to the EAC. The Help 

America Vote Act of 2002 transferred 

the FEC’s former statutory authority 

regarding the NVRA regulations to the 

EAC. Further information is provided in 

the SUPPLEMENTARY INFORMATION that 

follows. 

DATES: This rule is effective August 28, 

2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tamar Nedzar, Attorney, Election 

Assistance Commission, 1225 New York 

Avenue, NW., Suite 1100, Washington, 

DC 20005, (202) 566–3100 or (866) 747– 

1471; or Mr. Robert M. Knop, Assistant 

General Counsel, or Mr. Joshua S. 

Blume, Attorney, Federal Election 

Commission, 999 E Street, NW., 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Voter Registration Act of 

1993 (‘‘NVRA’’) 1 required the Federal 

Election Commission, in consultation 

with the chief election officers of the 

States, to develop a mail voter 

registration application form for 

elections to Federal office, and to 

submit to Congress no later than June 30 

of each odd-numbered year (beginning 

June 30, 1995) a report that assesses the 

impact of the NVRA and recommends 

improvements in Federal and State 

procedures, forms, and other matters 

affected by the NVRA. 42 U.S.C. 

1973gg–7(a)(2), (a)(3) (1993). The NVRA 

also assigned to the FEC the 

responsibility of prescribing, in 

consultation with the chief election 

officers of the States, such regulations as 

are necessary to carry out the 

aforementioned functions. 42 U.S.C. 

1973gg–7(a)(1) (1993). The FEC issued 

regulations implementing these NVRA 

requirements on June 23, 1994.2 These 

regulations are all currently codified in 

Part 8 of title 11, Chapter 1 of the Code 

of Federal Regulations (‘‘11 CFR Part 

8’’). 

Section 802 of the Help America Vote 

Act of 2002 (‘‘HAVA’’) 3 transferred the 

FEC’s responsibilities under the NVRA 

to the EAC—an independent Federal 

agency created by HAVA4 with 

responsibilities related to various 

aspects of Federal election 

administration. 42 U.S.C. 15532.5

Accordingly, in order to facilitate the 

EAC’s exercise of its statutory authority, 

the FEC is transferring the regulations 

implementing Section 9(a) (42 U.S.C. 

1973gg–7(a)) of the NVRA to the EAC. 

Transfer and Redesignation of Part 8 

The FEC and the EAC, through this 

joint final rule, are removing the 

regulations in 11 CFR part 8 and 

simultaneously recodifying them in 

Chapter II of Title 11, which houses 

regulations created and administered by 

the EAC. Part 8 is simultaneously 

redesignated as Part 9428. Accordingly, 

11 CFR 8.1 through 8.7 are redesignated 

as new 11 CFR 9428.1 through 9428.7. 

This is illustrated in a table below. 


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37520 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

6Should the EAC propose substantive changes to 

these regulations on future occasions, it will 

provide notice and an opportunity to comment 

pursuant to the Administrative Procedure Act. 

Part 8 Heading New Part 

9428 

Subpart A—General Provisions 

§ 8.1 ................................. Purpose & scope ......................................................................................................................................... § 9428.1 

§ 8.2 ................................. Definitions .................................................................................................................................................... § 9428.2 

Subpart B—National Mail Voter Registration Form 

§ 8.3 ................................. General information ..................................................................................................................................... § 9428.3 

§ 8.4 ................................. Contents ...................................................................................................................................................... § 9428.4 

§ 8.5 ................................. Format ......................................................................................................................................................... § 9428.5 

§ 8.6 ................................. Chief state election official .......................................................................................................................... § 9428.6 

Subpart C—Recordkeeping and Reporting 

§ 8.7 ................................. Contents of reports from the states ............................................................................................................. § 9428.7 

The FEC and EAC are also making 

conforming changes to the rules to 

replace references to rules in Part 8 with 

references to corresponding rules in Part 

9428, and to replace references to the 

‘‘Federal Election Commission’’ with 

references to the ‘‘Election Assistance 

Commission.’’ The rule does not make 

any substantive changes to the new Part 

9428 regulations. The EAC may exercise 

its rulemaking authority to make 

substantive and technical changes to 

these rules in the future. 

Administrative Procedure Act 

The FEC and the EAC find that good 

cause exists for adopting this rule as a 

final rule and without public notice and 

comment under 5 U.S.C. 553(b) because 

this rule simply relocates and 

redesignates the regulations in 11 CFR 

part 8, while making only minor 

conforming technical changes and no 

substantive changes to those 

regulations. The rule reflects the transfer 

of functions contemplated by the Help 

America Vote Act of 2002. Accordingly, 

public notice and comment is 

unnecessary. 5 U.S.C. 553(b)(B).6

Further, because the transfer of the 

regulations is vital to the EAC’s ability 

to function in an area of core 

responsibility assigned by Congress, the 

additional delay that would be incurred 

by resorting to notice and comment 

procedures would be contrary to the 

public interest. 5 U.S.C. 553(b)(B). See, 

e.g. National Nutritional Foods Assoc. v. 

Kennedy, 572 F.2d 377, 384–85 (2nd 

Cir. 1978), quoting Senate Report, No. 

752, 79th Cong. 1st Sess. (1945). 

Transmittal of Final Rule to Congress 

Under the Congressional Review of 

Agency Rulemaking Act, 5 U.S.C. 

801(a)(1), agencies must submit final 

rules to the Speaker of the House of 

Representatives and the President of the 

Senate before they take effect. The final 

rule that follows was transmitted to 

Congress on July 24, 2009. 

Certification of No Effect Pursuant to 5 

U.S.C. 605(b) (Regulatory Flexibility 

Act) 

Because no notice of proposed 

rulemaking is required for this rule 

under the Administrative Procedure Act 

(5 U.S.C. 553), the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. See 5 U.S.C. 

604(a). 

Paperwork Reduction Act 

The provisions of the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13, 44 U.S.C. chapter 35, and 

its implementing regulations at 5 CFR 

part 1320, require that an agency subject 

to PRA submit to OMB for approval 

information collection and 

recordkeeping requirements associated 

with agency actions. The FEC is 

statutorily exempted from the 

provisions of the PRA while the EAC is 

not. Consequently, the regulations 

currently at 11 CFR part 8 do not have 

an associated OMB control number; 

whereas the transferred regulations at 11 

CFR part 9428 are required to have an 

associated OMB control number. 

Accordingly, concurrent with this joint 

rulemaking activity, the EAC will 

independently publish a separate PRA 

notice seeking emergency clearance. 

List of Subjects 

11 CFR Part 8 and 11 CFR Part 9428 

Elections, reporting and 

recordkeeping requirements. 

■ For the reasons discussed in the 

preamble, the Federal Election 

Commission and the Election Assistance 

Commission amend chapters I and II of 

title 11 of the Code of Federal 

Regulations as follows: 

TITLE 11—FEDERAL ELECTIONS 

CHAPTER I—FEDERAL ELECTION 

COMMISSION 

PART 8—[REDESIGNATED AS PART 

9428] 

■ 1. Transfer 11 CFR Part 8 from 

Chapter I to Chapter II and redesignate 

as 11 CFR part 9428. 

CHAPTER II—ELECTION ASSISTANCE 

COMMISSION 

PART 9428—NATIONAL VOTER 

REGISTRATION ACT (42 U.S.C. 

1973gg–1 et seq.) 

■ 2. The authority citation for the newly 

redesignated 11 CFR part 9428 is 

revised to read as follows: 

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

15532 

§§ 9428.3, 9428.4, 9428.5 and 9428.7 

[Amended] 

■ 3. Amend the newly redesignated Part 

9428 as follows: 


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Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37521 

Amend By removing the reference to And adding in its place 

§ 9428.3(a) ..................................... 11 CFR 8.4 .......................................................................................... 11 CFR 9428.4. 

§ 9428.4(a)(6)(ii) ............................. 11 CFR 8.6(c) ...................................................................................... 11 CFR 9428.6(c). 

§ 9428.5(a) ..................................... ‘‘Federal Election Commission’s’’ ........................................................ ‘‘Commission’s’’. 

§ 9428.5(b) ..................................... 11 CFR 8.4(c) ...................................................................................... 11 CFR 9428.4(c). 

§ 9428.5(f)(2) .................................. 11 CFR 8.4(b)(1), (6), and (7) ............................................................. 11 CFR 9428.4(b)(1), (6), and (7). 

§ 9428.5(f)(2) .................................. 11 CFR 8.4(b)(2) .................................................................................. 11 CFR 9428.4(b)(2). 

§ 9428.6(b) ..................................... 11 CFR 8.4(a)(2) .................................................................................. 11 CFR 9428.4(a)(2). 

§ 9428.7(a) ..................................... ‘‘Federal Election Commission, 999 E Street, NW., Washington, DC 

20463.’’.

‘‘Election Assistance Commission, 

1225 New York Avenue, NW., 

Washington, DC 20005.’’. 

On behalf of the Commission. 

Steven T. Walther, 

Chairman, Federal Election Commission. 

Gineen B. Beach, 

Chair, Election Assistance Commission. 

[FR Doc. E9–18031 Filed 7–28–09; 8:45 am] 

BILLING CODE 6820–KF–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1005; Directorate 

Identifier 2008–NM–119–AD; Amendment 

39–15981; AD 2009–15–18] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–120, –120ER, 

–120FC, –120QC, and –120RT 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It was found one occurrence of a fuel 

booster pump circuit br[e]aker opening 

during an engine maintenance servicing. An 

inspection inside the fuel tank revealed the 

fuel booster pump[’]s electrical harness 

chafing against its body, causing the loss of 

the electrical wiring protection and resulting 

in a short circuit. Further in-tank inspections 

have showed other fuel booster pump 

electrical harnesses chafing either with the 

pump body and/or with adjacent fuel lines, 

causing damage to the harness protective 

layers and resulting * * * [in a] possible 

ignition source inside the fuel tank. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

September 2, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 2, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on October 7, 2008 (73 FR 

58507). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It was found one occurrence of a fuel 

booster pump circuit br[e]aker opening 

during an engine maintenance servicing. An 

inspection inside the fuel tank revealed the 

fuel booster pump[’]s electrical harness 

chafing against its body, causing the loss of 

the electrical wiring protection and resulting 

in a short circuit. Further in-tank inspections 

have showed other fuel booster pump 

electrical harnesses chafing either with the 

pump body and/or with adjacent fuel lines, 

causing damage to the harness protective 

layers and resulting * * * [in a] possible 

ignition source inside the fuel tank. 

* * * * * 

The corrective actions include revising 

the Limitations section of the airplane 

flight manual to include a minimum 

fuel quantity, adding a minimum fuel 

quantity limitation for operation of the 

fuel booster pump, inspecting the fuel 

booster pump electrical harness of the 

left- and right-hand fuel tanks for 

damage, replacing any fuel booster 

pump assembly having a damaged 

electrical harness, installing clamps on 

the tank structure, and installing tie 

down straps for the fuel booster pump 

electrical harness. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Changes to the NPRM 

We have clarified the references to the 

fuel booster pump by adding 

‘‘assembly’’ where applicable in the 

paragraph immediately above this 

paragraph, and in paragraphs (e) and 

(f)(3)(i) of the AD. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request To Remove Fuel Restriction for 

Certain Airplanes 

The manufacturer, Embraer, agrees 

with the main concern for issuing the 

AD, and understands that the addressed 

unsafe condition does exist. However, 

Embraer requests that operators who 

have inspected for and replaced 

damaged wires inside the fuel tanks be 

excluded from the minimum 

requirement of 300 kg of fuel in each 

tank. Embraer requests that the AD 

allow operators that have already 

inspected their airplanes, and are flying 

under a safe condition, to fly without 

the restriction of 300 kg of fuel in each 

tank for at least 2,000 flight hours or 12 

months. 

Embraer recommends adding the 

following paragraph to the ‘‘Actions and 

Compliance’’ section of the proposed 

AD: ‘‘Aircraft that have been inspected 

in accordance with paragraph (f)(3)(i) of 

this AD, prior to the effective date of 

this AD, are exempt from the limitations 

imposed by paragraphs (f)(1) and (f)(2) 

for a period of 12 calendar months or 

2,000 flight hours from the time of 

inspection, whichever occurs first.’’ 

Embraer bases this request on 


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