38680 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

Group 6, anchor bolts) for construction 

of projects by Contra Costa County 

Public Works, CA, and Vermont Agency 

of Transportation, respectively. 

Domestic sources of these materials 

were identified through FHWA’s public 

notice process. 

DATES: Since the Buy America waiver is 

not granted, there is no effective date for 

the waiver. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via e-mail at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via e-mail 

at michael.harkins@dot.gov. Office 

hours for the FHWA are from 7:45 a.m. 

to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not sufficiently available. This 

notice provides information regarding 

the FHWA’s finding that Buy America 

waivers are not appropriate for the use 

of: (1) The hollow structural section for 

construction of Iron Horse Trail 

Pedestrian Overcrossing Project by 

Contra Costa County Public Works in 

California, and (2) one-inch diameter 

stainless steel anchor bolts for the 

construction of East Montpelier Bridge 

project #BRF 028–3(36) by the Vermont 

Agency of Transportation. 

In accordance with Division K, 

section 130 of the ‘‘Consolidated 

Appropriations Act, 2008’’ (Pub. L. 110– 

161), the FHWA published the notices 

of intent to issue the waivers on its Web 

site for: (1) The hollow structural 

section (http://www.fhwa.dot.gov/ 

construction/contracts/ 

waivers.cfm?id=34) on June 10, and (2) 

the one-inch diameter stainless steel 

anchor bolts (http://www.fhwa.dot.gov/ 

construction/contracts/ 

waivers.cfm?id=35) on June 15. 

The FHWA received a comment from 

Independence Tube Corporation which 

claimed to have the capacity to 

manufacture the hollow structural 

section domestically. Further inquiries 

confirmed that the hollow structural 

section can be manufactured 

domestically. The FHWA received three 

comments indicating that the one-inch 

diameter stainless steel anchor bolts are 

available domestically. The Contra 

Costa County Public Works and 

Vermont Agency of Transportation have 

verified that the hollow structural 

section and the one-inch diameter 

stainless steel anchor bolts are available 

domestically; therefore, FHWA 

concludes that the materials are 

available domestically and that Buy 

America waivers are not appropriate for 

the hollow structural section and the 

one-inch diameter stainless steel anchor 

bolts. 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat.1572), the FHWA 

is providing this notice as its finding 

that a waiver of Buy America 

requirements is not appropriate for 

these projects. The FHWA invites public 

comment on this finding for an 

additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the links provided to the 

California and Vermont waiver pages 

noted above. 

Authority: 23 U.S.C. 313; Public Law 110– 

161, 23 CFR 635.410. 

Issued on: July 29, 2009. 

King W. Gee, 

Associate Administrator for Infrastructure. 

[FR Doc. E9–18607 Filed 8–3–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Fuel Drain Valves 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of re-issuance of 

Technical Standard Order (TSO) C76, 

Fuel Drain Valves. 

SUMMARY: This notice announces the reissuance of TSO–C76, Fuel Drain 

Valves, telling manufacturers seeking 

TSO authorization (TSOA) or letter of 

design approval (LODA) what minimum 

performance standard (MPS) their Fuel 

Drain Valve must first meet for approval 

and identification with the appropriate 

TSO markings. In the event that you feel 

a need to comment on the re-issuance of 

TSO–C76, please do so to the address 

listed below. 

DATES: Comments must be received on 

or before September 3, 2009. 

ADDRESSES: Send all comments 

regarding the re-issuance of the Fuel 

Drain Valve TSO to: Federal Aviation 

Administration, Aircraft Certification 

Service, Aircraft Engineering Division, 

Technical Programs and Continued 

Airworthiness Branch, 950 L’Enfant 

Plaza, SW., 5th Floor, Washington, DC 

20024. Attn.: Jim Kabbara, AIR–120. 

You may hand deliver comments to: 

Federal Aviation Administration, 

Aircraft Certification Service, Aircraft 

Engineering Division, AIR–100, 950 

L’Enfant Plaza, SW., 5th Floor, 

Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: Jim 

Kabbara, AIR–120, Federal Aviation 

Administration, Aircraft Certification 

Service, Aircraft Engineering Division, 

AIR–100, 950 L’Enfant Plaza, SW., 5th 

Floor, Washington, DC 20024. 

Telephone: (202) 385–6335; Fax: (202) 

385–6475; or via e-mail at: 

jim.kabbara@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on the re-issuance of the TSO– 

C76 by submitting written data, views, 

or arguments to the above-specified 

address. Your comments should 

stipulate ‘‘Comments, re-issuance of 

TSO–C76.’’ All comments received may 

be examined after the comment closing 

date by visiting Federal Aviation 

Administration, Aircraft Certification 

Service, Aircraft Engineering Division, 

AIR–100, 950 L’Enfant Plaza, SW., 5th 

Floor, Washington, DC 20024, weekdays 

except Federal holidays, between 8:30 

a.m. and 4 p.m. The Director, Aircraft 

Certification Service, will consider all 

comments received on or before the 

closing date before issuing the final 

notice of re-issuance. 

Background 

This TSO is being re-issued in its 

entirety. We have cancelled TSO–C76a 

because the specific requirements that 

make up the minimum performance 

standard necessary to have the Fuel 

Drain Valves be marked as TOS 

approved, provided no technical value. 

Those requirements have resulted in 

manufacturers seeking TSO approval of 

their Fuel Drain Valves to experience 

difficulties in meeting the MPS. We 

have deemed the requirements to be 

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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38681 

arbitrary, resulting in our re-issuing of 

the original TSO–C76. 

Issued in Washington, DC, on July 30, 

2009. 

Susan J.M. Cabler, 

Assistant Manager, Aircraft Engineering 

Division, Aircraft Certification Service. 

[FR Doc. E9–18575 Filed 8–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Fuel Drain Valves 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of cancellation of 

Technical Standard Order (TSO) C76a, 

Fuel Drain Valves. 

SUMMARY: This notice announces the 

cancellation of TSO–C76a, Fuel Drain 

Valves. If you have reason to believe 

that this proposed action will negatively 

impact aviation safety, we would like to 

solicit your comments. 

DATES: Comments must be received on 

or before September 3, 2009. 

ADDRESSES: Send all comments 

regarding the cancelling of the Fuel 

Drain Valve TSO–C76a to: Federal 

Aviation Administration, Aircraft 

Certification Service, Aircraft 

Engineering Division, Technical 

Programs and Continued Airworthiness 

Branch, 950 L’Enfant Plaza, SW., 5th 

Floor, Washington, DC 20024. ATTN.: 

Jim Kabbara, AIR–120. You may hand 

deliver comments to: Federal Aviation 

Administration, Aircraft Certification 

Service, Aircraft Engineering Division, 

AIR–100, 950 L’Enfant Plaza, SW., 5th 

Floor, Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: Jim 

Kabbara, AIR–120, Federal Aviation 

Administration, Aircraft Certification 

Service, Aircraft Engineering Division, 

AIR–100, 950 L’Enfant Plaza, SW., 5th 

Floor, Washington, DC 20024. 

Telephone: (202) 385–6335; Fax: (202) 

385–6475: or via e-mail at: 

jim.kabbara@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited: 

Interested persons are invited to 

comment on the cancellation of TSO– 

C76a by submitting written data, views, 

or arguments to the above-specified 

address. Your comments should 

stipulate ‘‘Comments, cancellation of 

TSO–C76a.’’ Comments received on or 

before the closing date may be examined 

by visiting Federal Aviation 

Administration, Aircraft Certification 

Service, Aircraft Engineering Division, 

AIR–100, 950 L’Enfant Plaza, SW., 5th 

Floor, Washington, DC 20024, weekdays 

except Federal holidays, between 8:30 

a.m. and 4 p.m. The Director, Aircraft 

Certification Service, will consider all 

comments received on or before the 

closing date before issuing the final 

notice of cancellation. 

Background 

Note 3 attachment to Table 2, Fuel 

Resistance and Extreme Temperature 

Test Schedule, is located in Appendix 1 

of TSO–C76a, only appears in the ‘‘a’’ 

version. A subsequent review of the ‘‘a’’ 

revision of TSO–C76 determined that 

the revised temperature values 

contained in Note 3 were arbitrary and 

provides no technical value to the 

qualification of fuel drain valves, nor 

will the testing to those temperature 

values provide an increase in the 

operational safety of the fuel drain 

valve. Therefore, we are taking this 

opportunity to cancel TSO–C76a. 

Issued in Washington, DC, on July 30, 

2009. 

Susan J.M. Cabler, 

Assistant Manager, Aircraft Engineering 

Division, Aircraft Certification Service. 

[FR Doc. E9–18576 Filed 8–3–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[NHTSA–06–24175] 

Insurer Reporting Requirements; 

Reports Under 49 U.S.C. on Section 

33112(c) 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Notice of Availability. 

SUMMARY: This notice announces 

publication by NHTSA of the annual 

insurer report on motor vehicle theft for 

the 2003 reporting year. Section 

33112(h) of Title 49 of the U.S. Code, 

requires this information to be compiled 

periodically and published by the 

agency in a form that will be helpful to 

the public, the law enforcement 

community, and Congress. As required 

by section 33112(c), this report provides 

information on theft and recovery of 

vehicles; rating rules and plans used by 

motor vehicle insurers to reduce 

premiums due to a reduction in motor 

vehicle thefts; and actions taken by 

insurers to assist in deterring thefts. 

ADDRESSES: Interested persons may 

obtain a copy of this report or read 

background documents by going to 

http://regulations.dot.gov at any time or 

to Room W12–140 on the ground level 

of the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 am and 5 pm, Monday 

through Friday, except Federal 

Holidays. Requests should refer to 

Docket No. 2006–24175. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carlita Ballard, Office of International 

Policy, Fuel Economy and Consumer 

Programs, NHTSA, 1200 New Jersey 

Ave., SE., Washington, DC 20590. Ms. 

Ballard’s telephone number is (202) 

366–0846. Her fax number is (202) 493– 

2990. 

SUPPLEMENTARY INFORMATION: The Motor 

Vehicle Theft Law Enforcement Act of 

1984 (Theft Act) was implemented to 

enhance detection and prosecution of 

motor vehicle theft (Pub. L. 98–547). 

The Theft Act added a new Title VI to 

the Motor Vehicle Information and Cost 

Savings Act, which required the 

Secretary of Transportation to issue a 

theft prevention standard for identifying 

major parts of certain high-theft lines of 

passenger cars. The Act also addressed 

several other actions to reduce motor 

vehicle theft, such as increased criminal 

penalties for those who traffic in stolen 

vehicles and parts, curtailment of the 

exportation of stolen motor vehicles and 

off-highway mobile equipment, 

establishment of penalties for 

dismantling vehicles for the purpose of 

trafficking in stolen parts, and 

development of ways to encourage 

decreases in premiums charged to 

consumers for motor vehicle theft 

insurance. 

This notice announces publication by 

NHTSA of the annual insurer report on 

motor vehicle theft for the 2003 

reporting year. Section 33112(h) of Title 

49 of the U.S. Code, requires this 

information to be compiled periodically 

and published by the agency in a form 

that will be helpful to the public, the 

law enforcement community, and 

Congress. As required by section 

33112(h), this report focuses on the 

assessment of information on theft and 

recovery of motor vehicles, 

comprehensive insurance coverage and 

actions taken by insurers to reduce 

thefts for the 2003 reporting period. 

Section 33112 of Title 49 requires 

subject insurers or designated agents to 

report annually to the agency on theft 

and recovery of vehicles, on rating rules 

and plans used by insurers to reduce 

premiums due to a reduction in motor 

vehicle thefts, and on actions taken by 

insurers to assist in deterring thefts. 

Rental and leasing companies also are 

required to provide annual theft reports 

to the agency. In accordance with 49 

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