42174 Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 

conserve energy, mitigate the effects and 

adapt to climate change, and reduce 

carbon and greenhouse gas emissions 

through various assistance programs. 

USDA is using this rulemaking 

opportunity to obtain input from the 

public on how GRP can achieve its 

program purposes and contribute to the 

Nation’s efforts with renewable energy 

production, energy conservation, 

mitigating the effects of climate change, 

facilitating climate change adaptation, 

or reducing carbon emissions. 

List of Subjects in 7 CFR Part 1415 

Administrative practice and 

procedure, Agriculture, Soil 

conservation, Grasslands, Grassland 

protection, Grazing land protection. 

■ For the reasons stated in the preamble, 

the CCC amends part 1415 of Title 7 of 

the CFR as set forth below: 

PART 1415—GRASSLANDS RESERVE 

PROGRAM 

■ 1. The authority citation for part 1415 

continues to read as follows: 

Authority: 16 U.S.C. 3838n–3838q. 

■ 2. Section 1415.3 is amended by 

revising the definition for the term 

‘‘Right of enforcement’’ to read as 

follows: 

§ 1415.3 Definitions. 

* * * * * 

‘‘Right of enforcement’’ means a 

property interest in the easement the 

Chief may exercise on behalf of the 

United States under specific 

circumstances in order to enforce the 

terms of the conservation easement. The 

right of enforcement provides that the 

Chief has the right to inspect and 

enforce the easement if the eligible 

entity fails to uphold the easement or 

attempts to transfer the easement 

without first securing the consent of the 

Secretary. 

* * * * * 

■ 3. Section 1415.4 is amended by 

revising paragraph (h)(5) and removing 

paragraph (i)(3) to read as follows: 

§ 1415.4 Program requirements. 

* * * * * 

(h) * * * 

(5) Facilities for power generation 

through renewable sources of energy 

production provided the scope and 

scale of the footprint of the facility and 

associated infrastructure is consistent 

with program purposes as determined 

by USDA through analysis of the 

potential site-specific environmental 

effects; and 

* * * * * 

■ 4. Section 1415.17 is amended by 

revising paragraph (e)(1) to read as 

follows: 

§ 1415.17 Cooperative agreements. 

* * * * * 

(e) * * * 

(1) In order to protect the public 

investment, the conveyance document 

must contain a ‘‘right of enforcement.’’ 

NRCS shall specify the terms for the 

‘‘right of enforcement’’ clause to read as 

set forth in the GRP cooperative 

agreement. This right is a vested 

property right and cannot be 

condemned or terminated by State or 

local government. 

* * * * * 

Signed this 14th day of August, 2009, in 

Washington, DC. 

Dave White, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

Signed this 13th day of August, 2009, in 

Washington, DC. 

Carolyn B. Cooksie, 

Acting Administrator, Farm Service Agency. 

[FR Doc. E9–20074 Filed 8–20–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91, 121, and 125 

[Docket No.: FAA–1999–6482; Amendment 

No. 91–304A, 121–342A and 125–56A] 

RIN 2120AG87 

Revisions to Digital Flight Data 

Recorder Regulations for Boeing 737 

Airplanes and for All Part 125 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; Notice of Office of 

Management and Budget approval for 

information collection. 

SUMMARY: This notice announces the 

Office of Management and Budget’s 

(OMB’s) approval of the information 

collection requirement contained in the 

FAA’s final rule, ‘‘Revisions to Digital 

Flight Data Recorder Regulations for 

Boeing 737 Airplanes and for All Part 

125 Airplanes.’’ That final rule was 

published on December 2, 2008. 

DATES: The FAA received OMB 

approval for the information collection 

requirements in the final rule published 

December 2, 2008, 73 FR 73171, on 

April 3, 2009. The final rule became 

effective on February 9, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues: Brian A. Verna, 

Avionics Systems Branch, Aircraft 

Certification Service, AIR–130, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

385–4643; facsimile (202) 385–4651; 

e-mail brian.verna@faa.gov. For legal 

issues: Karen L. Petronis, Senior 

Attorney, Regulations Division, AGC– 

200, Office of the Chief Counsel, Federal 

Aviation Administration, 800 

Independence Ave., SW., Washington, 

DC 20591; telephone (202) 267–3073; 

facsimile (202) 267–7971; e-mail: 

karen.petronis@faa.gov. 

SUPPLEMENTARY INFORMATION: 

On December 2, 2008, the FAA 

published the final rule entitled 

‘‘Revisions to Digital Flight Data 

Recorder Regulations for Boeing 737 

Airplanes and for All Part 125 

Airplanes’’ (73 FR 73171). This rule 

amended the regulations governing 

flight data recorders to increase the 

number of digital flight data recorder 

parameters for all Boeing 737 series 

airplanes manufactured after August 18, 

2000. This change was based on safety 

recommendations from the National 

Transportation Safety Board following 

its investigations of two accidents and 

several incidents involving 737s. The 

final rule also adopted a prohibition on 

deviations from flight recorder 

requirements for all airplanes operated 

under part 125. 

The final rule contained information 

collection requirements that the Office 

of Management and Budget (OMB) had 

not yet approved as of the date of 

publication. In the ‘‘Paperwork 

Reduction Act’’ section of the final rule, 

the FAA noted that the agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement, 

unless it displays a currently valid OMB 

control number. 

In accordance with the Paperwork 

Reduction Act, OMB approved that 

request on April 3, 2009, and assigned 

the information collection OMB Control 

Number 2120–0616. The FAA request 

was approved by OMB without change 

and expires on April 30, 2012. This 

notice is being published to inform 

affected parties of the approval and to 

announce that the information 

collection requirements in the final rule 

entitled ‘‘Revisions to Digital Flight Data 

Recorder Regulations for Boeing 737 

Airplanes and for All Part 125 

Airplanes’’ will become effective when 

this notice is published in the Federal 

Register. 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 161 / Friday, August 21, 2009 / Rules and Regulations 42175 

Issued in Washington, DC, on August 17, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. E9–20059 Filed 8–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 601 

[Docket No. FDA–2009–N–0100] 

Revision of the Requirements for 

Publication of License Revocation; 

Confirmation of Effective Date 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The Food and Drug 

Administration (FDA) is confirming the 

effective date of September 17, 2009, for 

the direct final rule that appeared in the 

Federal Register of May 5, 2009 (74 FR 

20583). The direct final rule amends the 

biologics regulations to clarify the 

regulatory procedures for notifying the 

public about the revocation of a 

biologics license. The rule provides that 

FDA will publish a notice in the Federal 

Register following revocation of a 

biologics license under FDA regulations 

and will include a statement of the 

specific grounds for the revocation. This 

document confirms the effective date of 

the direct final rule. 

DATES: Effective date confirmed: 

September 17, 2009. 

FOR FURTHER INFORMATION CONTACT: Paul 

E. Levine, Jr., Center for Biologics 

Evaluation and Research (HFM–17), 

Food and Drug Administration, 1401 

Rockville Pike, suite 200N, Rockville, 

MD 20852–1448, 301–827–6210. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of May 5, 2009 (74 FR 

20583), FDA issued a direct final rule 

amending the biologics regulations for 

notifying the public about the 

revocation of a biologics license by 

clarifying that FDA will publish a notice 

of license revocation in cases where the 

Commissioner has made a finding that 

reasonable grounds for revocation exist 

under 21 CFR 601.5(b). The rule, as 

amended, does not affect other 

regulations or procedures for 

notification of license revocation. The 

rule, as amended, also does not affect 

existing FDA practices for publishing 

notices of voluntary withdrawal, 

including notices of voluntary 

withdrawal of new drug applications. 

FDA solicited comments concerning 

the direct final rule for a 75-day period 

ending July 20, 2009. FDA stated that 

the effective date of the direct final rule 

would be on September 17, 2009, 60 

days after the end of the comment 

period, unless any significant adverse 

comment was submitted to FDA during 

the comment period. FDA did not 

receive any significant adverse 

comments. 

Authority: Therefore, under the biological 

products provisions under the Federal Food, 

Drug, and Cosmetic Act and the Public 

Health Service Act, and under authority 

delegated to the Commissioner of Food and 

Drugs, 21 CFR part 601 is amended. 

Accordingly, the amendments issued thereby 

are effective. 

Dated: August 14, 2009. 

David Horowitz, 

Assistant Commissioner for Policy. 

[FR Doc. E9–20119 Filed 8–20–09; 8:45 am] 

BILLING CODE 4160–01–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–8941–3] 

Outer Continental Shelf Air 

Regulations; Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the update 

of the Outer Continental Shelf (‘‘OCS’’) 

Air Regulations proposed in the Federal 

Register on April 20, 2009. 

Requirements applying to OCS sources 

located within 25 miles of states’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (‘‘COA’’), as mandated by 

section 328(a)(1) of the Clean Air Act 

Amendments of 1990 (‘‘the Act’’). The 

portion of the OCS air regulations that 

is being updated pertains to the 

requirements for OCS sources for which 

the Santa Barbara County Air Pollution 

Control District (Santa Barbara County 

APCD) is the designated COA. The 

intended effect of approving the 

requirements contained in the ‘‘Santa 

Barbara County Air Pollution Control 

District Requirements Applicable to 

OCS Sources’’ (June 2009) is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore. 

DATES: Effective Date: This rule is 

effective on September 21, 2009. 

The incorporation by reference of 

certain publications listed in this rule is 

approved by the Director of the Federal 

Register as of September 21, 2009. 

ADDRESSES: EPA has established docket 

number OAR–2004–0091 for this action. 

The index to the docket is available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia G. Allen, Air Division, U.S. 

EPA Region IX, (415) 947–4120, 

allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA. 

Organization of this document: The 

following outline is provided to aid in 

locating information in this preamble. 

Table of Contents 

I. Background 

II. Public Comment 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On April 20, 2009 (74 FR 17934), EPA 

proposed to approve requirements into 

the OCS Air Regulations pertaining to 

Santa Barbara County APCD. These 

requirements are being promulgated in 

response to the submittal of rules from 

this California air pollution control 

agency. EPA has evaluated the proposed 

requirements to ensure that they are 

rationally related to the attainment or 

maintenance of federal or state ambient 

air quality standards or Part C of title I 

of the Act, that they are not designed 

expressly to prevent exploration and 

development of the OCS and that they 

are applicable to OCS sources. 40 CFR 

55.1. EPA has also evaluated the rules 

to ensure that they are not arbitrary or 

capricious. 40 CFR 55.12(e). In addition, 

EPA has excluded administrative or 

procedural rules. 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of states’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 


CPrice-Sewell on DSKGBLS3C1PROD with RULES