40068 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding 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 I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends a portion of the en route 

structure to enhance the safe and 

efficient use of the NAS in the Southeast 

United States. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a and 311b. This airspace 

action is not expected to cause any 

potentially significant environmental 

impacts, and no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p.389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, dated October 3, 2008 and 

effective October 31, 2008, is amended 

as follows: 

Paragraph 6010 Domestic VOR Federal 

airways 

* * * * * 

V–329 [Removed] 

* * * * * 

Issued in Washington, DC, on July 31, 

2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–19036 Filed 8–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–60448] 

Delegation of Authority to Director of 

Division of Enforcement 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is amending 

its rules to delegate authority to the 

Director of the Division of Enforcement 

to issue formal orders of investigation. 

These orders designate the enforcement 

staff authorized to issue subpoenas in 

connection with investigations under 

the federal securities laws. This action 

is intended to expedite the investigative 

process by removing the need for 

enforcement staff to seek Commission 

approval prior to performing routine 

functions. The Commission is adopting 

this delegation for a one-year period, 

and at the end of the period will 

evaluate whether to extend the 

delegation (though any formal orders 

issued during this period will remain in 

effect). 

DATES: Effective Date: August 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth H. Hall, 202–551–4936, Office 

of Chief Counsel, Division of 

Enforcement, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–6553. 

SUPPLEMENTARY INFORMATION: The 

Commission is authorized to conduct 

investigations of possible violations of 

the federal securities laws, which 

provide that ‘‘any member of the 

Commission or any officer designated 

by it is empowered to administer oaths 

and affirmations, subpoena witnesses, 

compel their attendance, take evidence, 

and require the production of any 

books, papers, correspondence, 

memoranda, or other records which the 

Commission deems relevant or material 

to the inquiry.’’ Section 21(b) of the 

Securities Exchange Act of 1934, 15 

U.S.C. 78u(b). See also, Section 19(c) of 

the Securities Act of 1933, 15 U.S.C. 

77s(c); Section 42(b) of the Investment 

Company Act of 1940, 15 U.S.C. 80a– 

41(b); and Section 209(b) of the 

Investment Advisers Act of 1940, 15 

U.S.C. 80b–9(b). The Commission issues 

formal orders of investigation that 

authorize specifically designated 

enforcement staff to exercise the 

Commission’s statutory power to 

subpoena witnesses and take the other 

actions authorized by the relevant cited 

provisions. The Commission is 

delegating the authority to issue formal 

orders of investigation to the Director of 

the Division of Enforcement. This 

delegation will expedite the 

investigative process by reducing the 

time and paperwork previously 

associated with obtaining Commission 

authorization prior to issuing 

subpoenas. 

In any case the Division Director 

deems appropriate, the recommendation 

that a formal order be issued may be 

submitted to the Commission for 

review. 

Administrative Law Matters 

The Commission finds, in accordance 

with the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)(3)(A)), that this 

amendment relates solely to agency 

organization, procedure, or practice. 

Accordingly, the provisions of the APA 

regarding notice of the proposed 

rulemaking and opportunities for public 

participation, 5 U.S.C. 553, are not 

applicable. For the same reason, and 

because this amendment does not 

substantively affect the rights or 

obligations of non-agency parties, the 

provisions of the Small Business 

Regulatory Enforcement Fairness Act, 5 

U.S.C. 804(3)(C), are not applicable. 

Additionally, the provisions of the 

Regulatory Flexibility Act, which apply 

only when notice and comment are 

required by the APA or other law, 5 

U.S.C. 603, are not applicable. Section 

23(a)(2) of the Securities Exchange Act, 

15 U.S.C. 78w, requires the 

Commission, in adopting rules under 

that Act, to consider the anticompetitive 

effects of any rules it adopts. Because 

the amendment imposes no new 

burdens on parties in investigations, the 

Commission does not believe it will 

have any impact on competition. 

Finally, this amendment does not 

contain any collection of information 

requirements as defined by the 

Paperwork Reduction Act of 1980, as 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 40069 

amended. Accordingly, the amendment 

is effective August 11, 2009. 

List of Subjects in 17 CFR Part 200 

Administrative practice and 

procedure, Authority delegations 

(Government agencies). 

Text of Amendment 

■ For the reasons set out in the 

preamble, Title 17, Chapter II of the 

Code of Federal Regulations is amended 

as follows: 

PART 200—ORGANIZATION; 

CONDUCT AND ETHICS; AND 

INFORMATION AND REQUESTS 

■ 1. The authority citation for part 200, 

subpart A, continues to read in part as 

follows: 

Authority: 15 U.S.C. 77o, 77s, 77sss, 78d, 

78d–1, 78d–2, 78w, 78ll(d), 78mm, 80a–37, 

80b–11, and 7202, unless otherwise noted. 

* * * * * 

■ 2. Section 200.30–4 is amended by 

adding paragraph (a)(13) to read as 

follows: 

§ 200.30–4 Delegation of authority to 

Director of Division of Enforcement. 

* * * * * 

(a) * * * 

(13) For the period from August 11, 

2009 through August 11, 2010, to order 

the making of private investigations 

pursuant to section 19(b) of the 

Securities Act of 1933 (15 U.S.C. 77s(b)), 

section 21(b) of the Securities Exchange 

Act of 1934 (15 U.S.C. 78u(b)), section 

42(b) of the Investment Company Act of 

1940 (15 U.S.C. 80a–41(b) and section 

209(b) of the Investment Advisers Act of 

1940 (15 U.S.C. 80b–9(b)). Orders issued 

pursuant to this delegation during this 

period will continue to have effect after 

August 11, 2010. 

* * * * * 

Dated: August 5, 2009. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–19116 Filed 8–10–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 2 

Use of Ozone-Depleting Substances; 

Epinephrine 

CFR Correction 

In Title 21 of the Code of Federal 

Regulations, parts 1 to 99, revised as of 

Apr. 1, 2009, on page 66, § 2.125(e)(2)(v) 

is reinstated as follows: 

§ 2.125 Use of ozone-depleting substances 

in foods, drugs, devices, or cosmetics. 

* * * * * 

(e) * * * 

(2) * * * 

(v) Epinephrine. 

* * * * * 

[FR Doc. E9–19297 Filed 8–10–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

30 CFR Part 250 

[Docket ID: MMS–2008–OMM–0023] 

RIN 1010–AD55 (Formerly AD50) 

Technical Changes to Production 

Measurement and Training 

Requirements 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Final rule. 

SUMMARY: This final rule will revise the 

production measurement regulations to 

establish meter proving, meter 

verification/calibration, and well test 

requirements after hurricanes and other 

events beyond the control of the lessee. 

This rulemaking will eliminate some 

reporting burden on industry, and it 

will eliminate the need for MMS to 

grant waivers to the reporting 

requirements in certain situations. The 

final rule will also add new definitions 

providing clarity in the training 

regulations, which should lead to 

improved training of Outer Continental 

Shelf workers. 

DATES: Effective Date: This rule becomes 

effective on September 10, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Richard Ensele, Regulations and 

Standards Branch, at (703) 787–1583. 

SUPPLEMENTARY INFORMATION: On 

September 17, 2008, MMS published a 

Notice of Proposed Rulemaking in the 

Federal Register entitled ‘‘Technical 

Changes to Production Measurement 

and Training Requirements’’ (73 FR 

53793). The comment period for that 

proposed rule closed on November 17, 

2008. In response to the proposed rule, 

MMS received seven sets of comments. 

One entity submitted two responses. 

The commenters included two trade 

organizations (Offshore Operators 

Committee (OOC) and National Ocean 

Industries Association (NOIA)), two 

energy companies, one industry training 

company, and one individual. We have 

posted all of the comments received on 

our Web site at: http://www.mms.gov/

federalregister/PublicComments/

TechnicalChangestoProduction

MeasurementTraining.htm. 

We considered all of the comments 

we received on the proposed rule. 

Following is a discussion of the relevant 

comments MMS received: 

Revisions to Subpart L—Oil and Gas 

Production Measurement, Surface 

Commingling, and Security 

We received suggestions from two 

entities regarding the proposed 

revisions to subpart L. The NOIA and 

OOC appreciate that the proposed rule 

will eliminate requirements for having 

to obtain certain waivers following force 

majeure events and suggested that 

similar revisions be made to the testing 

requirements in subpart H, Oil and Gas 

Production Safety Systems. Since we 

did not propose this change to subpart 

H, we cannot incorporate it into this 

final rulemaking. We will consider this 

suggestion in a future rulemaking. 

The OOC provided additional 

suggestions. The OOC suggested that 

language be added to each of the 

following four paragraphs: 

1. In § 250.1202(d)(3) add ‘‘and 

monthly thereafter but do not exceed 42 

days between meter factor 

determinations.’’ The OOC states this 

would make clear that this is not a make 

up proving, and the time starts over 

with the proving after returning to 

service. 

2. In § 250.1202(k)(3) revise the 

ending to read ‘‘* * * within 15 days 

after being returned to service and 

monthly thereafter.’’ The OOC states 

that this should be added for clarity. 

3. In § 250.1202(k)(4) revise the 

ending to read ‘‘* * * within 15 days 

after being returned to service and 

quarterly thereafter.’’ The OOC states 

that this should be added for clarity. 

4. In § 250.1204(b)(1) revise the 

ending to read ‘‘* * * within 15 days 

after being returned to service and 

bimonthly (or other frequency approved 

by the Regional Supervisor) thereafter.’’ 

The OOC states that this should be 

added for clarity. 

We agree with these suggestions, and 

will incorporate them in the final rule. 

Since § 250.1203(c)(1) was similarly 

worded, we incorporated OOC’s 

language in the regulatory text there 

also. 

The OOC also suggested that the force 

majeure waiver should be applied to the 

testing requirements for the master 

meter in § 250.1202(e)(3). We did not 

make this revision because we do not 

believe it is appropriate for a master 


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