This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

39629 

Vol. 75, No. 132 

Monday, July 12, 2010 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1703 

FOIA Fee Schedule Update 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Establishment of FOIA Fee 

Schedule. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board is publishing its 

Freedom of Information Act (FOIA) Fee 

Schedule Update pursuant to 10 CFR 

1703.107(b)(6) of the Board’s 

regulations. 

DATES: Effective Date: June 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Brian Grosner, General Manager, 

Defense Nuclear Facilities Safety Board, 

625 Indiana Avenue, NW., Suite 700, 

Washington, DC 20004–2901, (202) 694– 

7060. 

SUPPLEMENTARY INFORMATION: The FOIA 

requires each Federal agency covered by 

the Act to specify a schedule of fees 

applicable to processing of requests for 

agency records. 5 U.S.C. 552(a)(4)(i). On 

May 14, 2010 the Board published for 

comment in the Federal Register its 

Proposed FOIA Fee Schedule, 75 FR 

27228. No comments were received in 

response to that notice, and the Board 

is now establishing the Fee Schedule. 

Pursuant to 10 CFR 1703.107(b)(6) of 

the Board’s regulations, the Board’s 

General Manager will update the FOIA 

Fee Schedule once every 12 months. 

The previous Fee Schedule Update was 

published in the Federal Register and 

went into effect on May 1, 2009, 74 FR 

20934. 

Board Action 

Accordingly, the Board issues the 

following schedule of updated fees for 

services performed in response to FOIA 

requests: 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD SCHEDULE OF FEES FOR FOIA SERVICES

[Implementing 10 CFR 1703.107(b)(6)] 

Search or Review Charge .................................. $77.00 per hour. 

Copy Charge (paper) .......................................... $.12 per page, if done in-house, or generally available commercial rate (approximately $.10 

per page). 

Electronic Media ................................................. $5.00. 

Copy Charge (audio cassette) ............................ $3.00 per cassette. 

Duplication of DVD ............................................. $25.00 for each individual DVD; $16.50 for each additional individual DVD. 

Copy Charge for large documents (e.g., maps, 

diagrams).

Actual commercial rates. 

Dated: July 2, 2010. 

Brian Grosner, 

General Manager. 

[FR Doc. 2010–16919 Filed 7–9–10; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No.: FAA–2009–1059; SFAR 106] 

RIN 2120–AJ77 

Use of One Additional Portable Oxygen 

Concentrator Device on Board Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Special 

Federal Aviation Regulation 106 (SFAR 

106), Rules for Use of Portable Oxygen 

Concentrator Systems on Board Aircraft, 

to allow for the use of one additional 

portable oxygen concentrator (POC) 

device on board aircraft, provided 

certain conditions in the SFAR are met. 

This action is necessary to allow all 

POC devices deemed acceptable by the 

FAA for use in air commerce to be 

available to the traveling public in need 

of oxygen therapy. When this rule 

becomes effective, there will be 12 

different POC devices the FAA finds 

acceptable for use on board aircraft. 

Passengers will be able to carry these 

devices on board the aircraft and use 

them with the approval of the aircraft 

operator. 

DATES: This amendment becomes 

effective July 12, 2010. 

FOR FURTHER INFORMATION CONTACT: DK 

Deaderick, Air Transportation Division, 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591. Telephone: 

202–267–8166. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code (49 

U.S.C.). 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. 

The FAA is authorized to issue this 

final rule pursuant to 49 U.S.C. 44701. 

Under that section, the FAA is 

authorized to establish regulations and 

minimum standards for other practices, 

methods, and procedures the 

Administrator finds necessary for air 

commerce and national security. 

Background 

On July 12, 2005, the FAA published 

Special Federal Aviation Regulation 106 

(SFAR 106) entitled, ‘‘Use of Certain 

Portable Oxygen Concentrator Devices 

Onboard Aircraft’’ (70 FR 40156). SFAR 

106 is the result of a notice the FAA 

published in July 2004 (69 FR 42324) to 

address the needs of passengers who 


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