43030 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations 

Issued in Seattle, Washington, on August 

14, 2009. 

H. Steve Karnes, 

Team Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–20278 Filed 8–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0006; Airspace 

Docket No. 08–ANM–1] 

Establishment of Class D Airspace and 

Amendment of Class E Airspace; North 

Bend, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class D airspace and amend Class E 

airspace at Southwest Oregon Regional 

Airport, North Bend, OR. The 

establishment of an air traffic control 

tower has made this action necessary for 

the safety and management of aircraft 

within this airspace. This action will 

also update the name of the airport from 

North Bend Municipal Airport, North 

Bend, OR. This action will also make a 

minor correction to the geographic 

coordinates of the North Bend VORTAC 

and the Emire LOM/NDB. 

DATES: Effective Date: 0901 UTC, 

October 22, 2009. The Director of the 

Federal Register approves this 

incorporation by reference action under 

title 1, Code of Federal Regulations, part 

51, subject to the annual revision of 

FAA Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Area, 1601 Lind 

Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On March 14, 2008, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish Class D airspace and amend 

Class E airspace at North Bend, OR (73 

FR 13809). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on this proposal to the FAA. No 

comments were received. With the 

exception of editorial changes, and the 

changes described above, this rule is the 

same as that proposed in the NPRM. 

Class D and E airspace areas are 

published in Paragraph 5000 and 6002, 

respectively, of FAA Order 7400.9S 

signed October 3, 2008, and effective 

October 31, 2008, which is incorporated 

by reference in 14 CFR 71.1. The Class 

D and E airspace designations listed in 

this document will be published 

subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class D airspace and 

amending Class E airspace at Southwest 

Oregon Regional Airport, North Bend, 

OR. The establishment of an air traffic 

control tower has made this action 

necessary for the safety and 

management of aircraft within this 

airspace. This airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. This action will also update the 

name of the airport from North Bend 

Municipal Airport, North Bend, OR. 

Additionally, this action corrects the 

geographic coordinates of the North 

Bend VORTAC and the Emire LOM/ 

NDB in the Class E2 airspace area. The 

FAA has determined that this regulation 

only involves an established body of 

technical regulations for which frequent 

and routine amendments are necessary 

to keep them operationally current. 

Therefore, this regulation: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation Regulatory Policies and 

Procedures (44 FR 11034; February 26, 

1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is 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 U.S. Code. Subtitle 1, 

Section 106, describes the authority for 

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 establishes Class D airspace and 

amends Class E airspace at Southwest 

Oregon Regional Airport, North Bend, 

OR. 

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 14 CFR 

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 the Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ANM OR D North Bend, OR [New] 

North Bend Municipal Airport, OR 

(Lat. 43°25′02′′ N., long. 124°14′46′′ W.) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 4.2-mile radius of the Southwest 

Oregon Regional Airport. This Class D 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Airport/Facility Directory. 

* * * * * 

Paragraph 6002 Class E Airspace 

Designated as Surface Areas. 

* * * * * 

ANM OR E2 North Bend, OR [Amended] 

North Bend Municipal Airport, OR 

(Lat. 43°25′02′′ N., long. 124°14′46′′ W.) 

North Bend VORTAC 

(Lat. 43°24′56′′ N., long. 124°10′07′′ W.) 

Emire LOM/NDB 

(Lat. 43°23′40′′ N., long. 124°18′37′′ W.) 

Within a 4.2-mile radius of the Southwest 

Oregon Regional Airport, and within 1.8 

miles each side of the North Bend VORTAC 

044° radial extending from the 4.2-mile 

radius to 5.7 miles northeast of the VORTAC, 

and within 3.7 miles each side of the North 

Bend VORTAC 092° radial extending from 

the 4.2-mile radius to 7.5 miles east of the 

VORTAC, and within 2.7 miles each side of 

the 241° bearing from the Emire LOM/NDB 

extending from the 4.2-mile radius to 6.1 

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Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Rules and Regulations 43031 

1Currently, there is a stay of enforcement of 

testing and certification requirements of certain 

provisions of subsection 14(a) of the CPSA, as 

amended by section 102(a) of the CPSIA until 

February 10, 2010 (see 74 FR 6936 (February 9, 

2009)). The stay does not cover those requirements 

where testing and certification was required by 

subsection 14(a) of the CPSA before the CPSIA’s 

enactment, and third party testing and certification 

requirements for lead paint, full-size and non-full 

size cribs and pacifiers, small parts, metal 

components of children’s metal jewelry, 

certifications expressly required by CPSC 

regulations, certifications required under the 

Virginia Graeme Baker Pool and Spa Safety Act, 

certifications of compliance required for All-Terrain 

Vehicles in section 42(a)(2) of the CPSA, and any 

voluntary guarantees provided for in the Flammable 

Fabrics Act. 

miles southwest of the LOM/NDB. This Class 

E airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Airport/Facility Directory. 

* * * * * 

Issued in Seattle, Washington, on August 

14, 2009. 

H. Steve Karnes, 

Team Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–20282 Filed 8–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

Children’s Products Containing Lead; 

Determinations Regarding Lead 

Content Limits on Certain Materials or 

Products; Final Rule 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (Commission) is issuing a 

final rule on determinations that certain 

materials do not exceed the lead content 

limits specified under section 101(a) of 

the Consumer Product Safety 

Improvement Act of 2008 (CPSIA). 

DATE: Effective Date: This regulation 

becomes effective on August 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kristina Hatlelid, Ph.D., M.P.H., 

Directorate for Health Sciences, 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, 

Maryland 20814; telephone (301) 504– 

7254, e-mail khatlelid@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Under section 101(a) of CPSIA, 

consumer products designed or 

intended primarily for children 12 years 

old and younger that contain more than 

600 ppm of lead (as of February 10, 

2009); 300 ppm of lead (as of August 14, 

2009); and 100 ppm after three years (as 

of August 14, 2011), unless the 

Commission determines that it is not 

technologically feasible to have this 

lower limit, are considered to be banned 

hazardous substances under the Federal 

Hazardous Substances Act (FHSA). 

Products below these lead content limits 

are not banned; however, in the absence 

of Commission action, these products 

and materials used to make children’s 

products remain subject to the lead 

limits and consequently, the testing 

requirements of certain provisions of 

section 14(a) of the Consumer Product 

Safety Act (CPSA), as amended by 

section 102(a) of the CPSIA.1 By this 

rule, the products and materials 

determined by the Commission to fall 

under the lead content limits, are no 

longer subject to section 101(a) of the 

CPSIA and no testing of these products 

and materials is required under section 

102(a) of the CPSIA. 

B. Statutory Authority 

Section 3 of the CPSIA grants the 

Commission general rulemaking 

authority to issue regulations, as 

necessary, to implement the CPSIA. The 

Commission has the authority under 

section 3 of the CPSIA to make 

determinations that certain commodities 

or classes of materials or products do 

not, and, by their nature, will not 

exceed the lead limits prescribed in 

section 101(a) of the CPSIA. 

Accordingly, in this rule, the 

Commission has determined that certain 

products or materials inherently do not 

contain lead or contain lead at levels 

that do not exceed the lead content 

limits under section 101(a) of the 

CPSIA. The effect of such a Commission 

determination would be to relieve the 

material or product from the testing 

requirement of section 102 of the CPSIA 

for purposes of supporting the required 

certification. However, if the material or 

product changes such that it exceeds the 

lead limits of section 101(a) of the 

CPSIA, then the determination is not 

applicable to that material or product. 

The changed or altered material or 

product must then meet the statutory 

lead level requirements. The 

Commission intends to obtain and test 

products in the marketplace to assure 

that products comply with the CPSIA 

lead limits and will take appropriate 

enforcement action if it finds a product 

to have lead levels exceeding those 

allowed by law. 

C. Notice of Proposed Rulemaking 

In the Federal Register of January 15, 

2009 (74 FR 2433), the Commission 

issued a notice of proposed rulemaking 

on preliminary determinations that 

certain natural materials do not exceed 

the lead content limits under section 

101(a) of the CPSIA. The preliminary 

determinations were based on materials 

that are untreated and unadulterated 

with respect to the addition of materials 

or chemicals, including pigments, dyes, 

coatings, finishes or any other 

substance, and that did not undergo any 

processing that could result in the 

addition of lead into the product or 

material. These materials included: 

• Precious gemstones (diamond, ruby, 

sapphire, emerald); 

• Certain semiprecious gemstones 

provided that the mineral or material is 

not based on lead or lead compounds 

and is not associated in nature with any 

mineral that is based on lead or lead 

compounds (minerals that contain lead 

or are associated in nature with 

minerals that contain lead include, but 

are not limited to, the following: 

Aragonite, bayldonite, boleite, cerussite, 

crocoite, linarite, mimetite, phosgenite, 

vanadinite, and wulfenite); 

• Natural or cultured pearls; 

• Wood; 

• Natural fibers (such as cotton, silk, 

wool, hemp, flax, linen); and 

• Other natural materials including 

coral, amber, feathers, fur, untreated 

leather. 

See 74 FR at 2435. 

In addition, in the proposed rule, the 

Commission preliminarily determined 

that certain metals and alloys did not 

exceed the lead content limits under 

section 101(a) of the CPSIA provided 

that no lead or lead-containing metal is 

intentionally added. The metals and 

alloys considered included surgical 

steel, precious metals such as gold (at 

least 10 karat); sterling silver (at least 

925/1000); platinum; palladium; 

rhodium; osmium; iridium; ruthenium. 

(See 74 FR at 2435). The preliminary 

determinations did not extend to the 

non-steel or non-precious metal 

components of a product, such as solder 

or base metals in electroplate, clad, or 

fill applications. 

D. Discussion of Comments to the 

Proposed Rule 

The proposed rule generated several 

hundred comments from a diverse range 

of interests, including advocacy groups, 

consumer groups, a State’s attorney 

general’s office, and small businesses 

including crafters. No comment 

opposed the proposed determinations, 

and, therefore, the final rule retains 

those determinations. The proposed rule 

considered those initial determinations 

in the context of whether the lead limits 

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