43088 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules 

Payment System Ambulatory Surgical 

Center Payment System proposed rule. 

2. By regular mail. You may mail 

written comments to the following 

address only: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–1413–P or CMS–1414–P, P.O. Box 

8013, Baltimore, MD 21244–8013. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address only: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–1413–P or 

CMS–1414–P, Mail Stop C4–26–05, 

7500 Security Boulevard, Baltimore, MD 

21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments before the close 

of the comment period to either of the 

following addresses: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue, SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not 

readily available to persons without 

Federal government identification, 

commenters are encouraged to leave 

their comments in the CMS drop slots 

located in the main lobby of the 

building. A stamp-in clock is available 

for persons wishing to retain a proof of 

filing by stamping in and retaining an 

extra copy of the comments being filed.) 

b. For delivery in Baltimore, MD— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

If you intend to deliver your 

comments to the Baltimore address, 

please call telephone number (410) 786– 

9994 in advance to schedule your 

arrival with one of our staff members. 

Comments mailed to the addresses 

indicated as appropriate for hand or 

courier delivery may be delayed and 

received after the comment period. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Braxton, (410) 786–7292. 

SUPPLEMENTARY INFORMATION: In January 

2003, the interagency eRulemaking 

Program launched www.regulations.gov 

to provide citizens with an online portal 

to learn about proposed regulations and 

to have their comments shape the 

rulemaking process. For the first time 

ever, American citizens could access 

and comment on all proposed Federal 

regulations from a single Web site. 

A minor software problem resulted in 

the nontransmittal of some public 

comments from July 26, 2009 through 

July 30, 2009. The software error 

affected only a few Federal agencies, 

one of which was the Centers for 

Medicare & Medicaid Services. We were 

informed that this error affected the 

receipt of public comments on the 

following proposed rules (1) Medicare 

Program; Payment Policies Under the 

Physician Fee Schedule and Other 

Revisions to Part B for CY 2010 

(regulations.gov docket identification 

(ID) number (CMS–2009–0058)); and (2) 

Medicare Program: Proposed Changes to 

the Hospital Outpatient Prospective 

Payment System and CY 2010 Payment 

Rates; Proposed Changes to the 

Ambulatory Surgical Center Payment 

System and CY 2010 Payment Rates 

(regulations.gov docket ID number 

(CMS–2009–0060)). (These proposed 

rules were published in the July 13, 

2009 (74 FR 33520) and the July 20, 

2009 (74 FR 35232) Federal Register, 

respectively.) Therefore, we are 

requesting that persons who transmitted 

comments on either of the 

aforementioned proposed rules during 

the period from July 26, 2009 through 

July 30, 2009 resubmit their comments 

before the close of the comment period 

for the proposed rules which is August 

31, 2009. Persons wishing to resubmit 

comments may do so electronically, via 

mail, hand delivery, or courier as 

specified in the ADDRESSES section of 

this notice. 

We note that the software problem has 

been corrected and safeguards are now 

in place to ensure this error will not 

occur for future rulemaking documents. 

Dated: August 20, 2009. 

Charlene Frizzera, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E9–20583 Filed 8–21–09; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1503 

[Docket No. TSA–2009–0014] 

RIN 1652–AA66 

Reporting of Security Issues 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Transportation Security 

Administration (TSA) proposes to add 

new procedures by which members of 

the public could report to TSA a 

problem, deficiency, or vulnerability 

regarding transportation security, 

including the security of aviation, 

maritime, railroad, motor carrier 

vehicle, or pipeline transportation, or 

any mode of public transportation, such 

as mass transit, in accordance with the 

Implementing Recommendations of the 

9/11 Commission Act of 2007 (9/11 

Act). 

DATES: Submit comments by October 26, 

2009. 

ADDRESSES: You may submit comments, 

identified by the TSA docket number to 

this rulemaking, to the Federal Docket 

Management System (FDMS), a 

government-wide, electronic docket 

management system, using any one of 

the following methods: 

Electronically: You may submit 

comments through the Federal 

eRulemaking portal at http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Mail, In Person, or Fax: Address, 

hand-deliver, or fax your written 

comments to the Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001; Fax 202–493–2251. The 

Department of Transportation (DOT), 

which maintains and processes TSA’s 

official regulatory dockets, will scan the 

submission and post it to FDMS. 

See SUPPLEMENTARY INFORMATION for 

format and other information about 

comment submissions. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Tauber, Office of Chief Counsel, 

TSA–2, Transportation Security 

Administration, 601 South 12th Street, 

Arlington, VA 20598–6002; telephone 

(571) 227–3964; facsimile (571) 227– 

1380; e-mail sarah.tauber@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

TSA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. TSA also invites comments 

relating to the economic, environmental, 

energy, or federalism impacts that might 

result from this rulemaking action. See 

ADDRESSES above for information on 

where to submit comments. 

With each comment, please identify 

the docket number at the beginning of 

your comments. TSA encourages 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules 43089 

1 ‘‘Sensitive Security Information’’ or ‘‘SSI’’ is 

information obtained or developed in the conduct 

of security activities, the disclosure of which would 

constitute an unwarranted invasion of privacy, 

reveal trade secrets or privileged or confidential 

information, or be detrimental to the security of 

transportation. The protection of SSI is governed by 

49 CFR part 1520. 

2See Implementing Recommendations of the 9/11 

Commission Act of 2007, Public Law 110–53, 121 

Stat. 266 (August 3, 2007), sections 1413(i), 1521(i) 

(codified at 49 U.S.C. 20109(j)), and 1536(i) 

(codified at 49 U.S.C. 31105(i)). This rule would, 

but for the requirements of Public Law 110–53, be 

a rule of agency procedure that is excepted from the 

advance notice and public comment provisions of 

the Administrative Procedure Act, 5 U.S.C. 

553(b)(B). 

commenters to provide their names and 

addresses. The most helpful comments 

reference a specific portion of the 

rulemaking, explain the reason for any 

recommended change, and include 

supporting data. The public may submit 

comments and material electronically, 

in person, by mail, or fax as provided 

under ADDRESSES, but please submit 

your comments and material by only 

one means. If you submit comments by 

mail or delivery, submit them in an 

unbound format, no larger than 8.5 by 

11 inches, suitable for copying and 

electronic filing. 

If you want TSA to acknowledge 

receipt of comments submitted by mail, 

include with your comments a selfaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it to you. 

TSA will file in the public docket all 

comments received by TSA, except for 

comments containing confidential 

information and sensitive security 

information (SSI).1 TSA will consider 

all comments received on or before the 

closing date for comments and will 

consider comments filed late to the 

extent practicable. The docket is 

available for public inspection before 

and after the comment closing date. 

Handling of Confidential or Proprietary 

Information and Sensitive Security 

Information (SSI) Submitted in Public 

Comments 

Do not submit comments that include 

trade secrets, confidential commercial 

or financial information, or SSI to the 

public regulatory docket. Please submit 

such comments separately from other 

comments on the rulemaking. 

Comments containing this type of 

information should be appropriately 

marked as containing such information 

and submitted by mail to the address 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

TSA will not place comments 

containing SSI in the public docket and 

will handle them in accordance with 

applicable safeguards and restrictions 

on access. TSA will hold documents 

containing SSI, confidential business 

information, or trade secrets in a 

separate file to which the public does 

not have access, and place a note in the 

public docket that TSA has received 

such materials from the commenter. 

However, if TSA determines that 

portions of these comments may be 

made publicly available, TSA may 

include a redacted version of the 

comment in the public docket. If TSA 

receives a request to examine or copy 

information that is not in the public 

docket, TSA will treat it as any other 

request under the Freedom of 

Information Act (FOIA) (5 U.S.C. 552) 

and the Department of Homeland 

Security’s (DHS’) FOIA regulation found 

in 6 CFR part 5. 

Reviewing Comments in the Docket 

Please be aware that anyone is able to 

search the electronic form of all 

comments received into any of our 

dockets by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review the applicable Privacy 

Act Statement published in the Federal 

Register on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketInfo.dot.gov. 

You may review TSA’s electronic 

public docket on the Internet at http:// 

www.regulations.gov. In addition, DOT’s 

Docket Management Facility provides a 

physical facility, staff, equipment, and 

assistance to the public. To obtain 

assistance or to review comments in 

TSA’s public docket, you may visit this 

facility between 9 a.m. to 5 p.m., 

Monday through Friday, excluding legal 

holidays, or call (202) 366–9826. This 

docket operations facility is located in 

the West Building Ground Floor, Room 

W12–140 at 1200 New Jersey Avenue, 

SE., Washington, DC 20590. 

Availability of Rulemaking Document 

You can get an electronic copy using 

the Internet by— 

(1) Searching the electronic Federal 

Docket Management System (FDMS) 

Web page at http://www.regulations.gov; 

(2) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html; or 

(3) Visiting TSA’s Security 

Regulations Web page at http:// 

www.tsa.gov and accessing the link for 

‘‘Research Center’’ at the top of the page. 

In addition, copies are available by 

writing or calling the individual in the 

FOR FURTHER INFORMATION CONTACT

section. Make sure to identify the docket 

number of this rulemaking. 

Summary of the Rule 

Congress required that the Secretary 

of Homeland Security establish, by 

regulation and including a proposed 

rule, a process by which any person 

may submit a report to the Secretary 

regarding public transportation, 

railroad, or motor carrier vehicle 

security problems, deficiencies, or 

vulnerabilities.2 The proposed rule 

would, if promulgated in final form, 

establish a process by which reports 

could be submitted, either by U.S. mail, 

electronic mail, or telephone. 

This reporting mechanism is not 

intended for issues of immediate or 

emergency security or safety concern. 

Immediate or emergency security or 

safety concerns should be reported to 

the local emergency services operator by 

telephoning 911. 

Waste, fraud, and abuse in TSA 

programs should be reported to the 

Department of Homeland Security 

Inspector General: (800) 323–8603, or 

DHSOIGHOTLINE@dhs.gov. 

TSA proposes to designate in 

paragraph (a) of the final rule addresses 

and a telephone number that any person 

may use to report to TSA a problem, 

deficiency, or vulnerability regarding 

transportation security, including the 

security of aviation, maritime, railroad, 

motor carrier vehicle, or pipeline 

transportation, or any mode of public 

transportation, such as mass transit. 

TSA will include in the final rule the 

precise addresses (physical and 

electronic) for reporting. TSA has 

included in this NPRM the enumeration 

of the addresses that will be used and 

the actual addresses to the extent that 

they are fixed addresses that are not 

subject to change. Proposed paragraphs 

(b) and (c) provide that if the report 

identifies the person making the report, 

TSA will acknowledge receipt of the 

report. TSA will review and consider 

the information provided in the report 

and take appropriate steps to address 

any problems, deficiencies, or 

vulnerabilities identified. 

Proposed paragraph (d) makes clear 

that a report made voluntarily under 

proposed § 1503.1 would not satisfy any 

separate legal obligation of any 

individual to report information to TSA 

or any other Government agency under 

any other law. For example, TSA 

regulations and TSA-approved airport 

and aircraft operator security programs 

require certain reports to TSA. See 49 

CFR 1542.307(b)(3) and 1544.304(d). 

Operators must comply with those 

provisions regardless of whether a 

report has been submitted through the 

new part 1503 procedures. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

43090 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules 

3 Implementing Recommendations of the 9/11 

Commission Act of 2007, Public Law 110–53, 121 

Stat. 266 (August 3, 2007), sections 1413(i), 1521(i) 

(codified at 49 U.S.C. 20109(j)), and 1536(i) 

(codified at 49 U.S.C. 31105(i)). 

4This cost is the FAA’s value of time for air 

travelers, adjusted for inflation. Go to the following 

Web site for the FAA’s Value of Time: http:// 

www.faa.gov/regulations%5Fpolicies/ 

policy%5Fguidance/benefit%5Fcost/. Next, click 

on Data Files (zip), and then click on 1-1.xls. This 

FAA table provides a ‘‘Recommended Hourly Value 

of Travel Time Savings’’ of $23.30 (2000 dollars) for 

personal travel by air carrier. The $23.30 is then 

converted to 2008 dollars by multiplying it times 

1.255, the amount by which the Consumer Price 

Index for Urban Wage Earners and Clerical Workers 

(CPI–W) rose between 2000 and 2008 (212.038/ 

168.892). The annual value for 2008 (212.038) was 

calculated by summing the values for Quarters 1– 

3 and dividing the total by 3. Here is the source of 

the CPI–W numbers: http://www.ssa.gov/OACT/ 

STATS/avgcpi.html. 

The 9/11 Act calls for a process to 

report security matters regarding public 

transit, railroad, or motor carrier vehicle 

transportation.3 TSA proposes to 

expand the scope of this provision 

beyond that required by the statute. The 

proposed rule provides a single point of 

contact for reporting transportation 

security problems, deficiencies, or 

vulnerabilities in any mode in any mode 

of transportation. The security benefits 

of receiving these reports would apply 

to other modes of transportation as well 

as to those enumerated in the statute. 

The broad language of the regulation 

would encourage members of the public 

to submit reports for all modes. If 

warranted, TSA would act to reduce 

security vulnerabilities that these 

reports bring to TSA’s attention. 

Separately from this rulemaking, TSA is 

in the process of developing a program 

to confer monetary or other recognition 

on individuals who provide valuable 

information to TSA about criminal acts 

or other violations relating to 

transportation security. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.) requires 

that TSA consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public and, under the provisions of 44 

U.S.C. 3507(d), obtain approval from the 

Office of Management and Budget 

(OMB) for each collection of 

information it conducts, sponsors, or 

requires through regulations. As 

protection provided by the Paperwork 

Reduction Act, as amended, an agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. TSA has determined that there 

are no current or new information 

collection requirements associated with 

this proposed rule. 

Economic Impact Analyses 

Regulatory Evaluation Summary 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866, Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993), directs each Federal 

agency to propose or adopt a regulation 

only upon a reasoned determination 

that the benefits of the intended 

regulation justify its costs. Second, the 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) of 1996) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (19 U.S.C. 2531–2533) prohibits 

agencies from setting standards that 

create unnecessary obstacles to the 

foreign commerce of the United States. 

Fourth, the Unfunded Mandates Reform 

Act of 1995 (2 U.S.C. 1531–1538) 

requires agencies to prepare a written 

assessment of the costs, benefits, and 

other effects of proposed or final rules 

that include a Federal mandate likely to 

result in the expenditure by State, local, 

or Tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more annually (adjusted for 

inflation). 

Executive Order 12866 Assessment 

In conducting these analyses, TSA has 

determined: 

1. This rulemaking is not a 

‘‘significant regulatory action’’ as 

defined in the Executive Order. The 

Office of Management and Budget 

agrees with this conclusion. 

2. This rulemaking would not have a 

significant economic impact on a 

substantial number of small entities. 

3. This rulemaking would not 

constitute a barrier to international 

trade. 

4. This rulemaking does not impose 

an unfunded mandate on State, local, or 

Tribal governments, or on the private 

sector. 

The bases for these conclusions are 

summarized below. 

Costs 

This proposed rule would enhance 

the public’s ability to report to TSA— 

via e-mail, regular mail, or telephone— 

security concerns with aviation, 

maritime, railroad, motor vehicle, 

pipeline, or public transportation. TSA 

and the public would incur costs in the 

operation of this enhanced reporting 

system. 

TSA currently provides the public 

with two ways to communicate security 

concerns through logging onto the TSA 

Web site (http://www.tsa.gov): (1) By 

clicking on the ‘‘Contact Us’’ link at the 

top of the home page, clicking on the 

‘‘Security Issues’’ link, scrolling down 

to the heading ‘‘Security Violations and 

Concerns,’’ and filling out and 

submitting an online form describing 

the security-related issue; or (2) by 

clicking on the ‘‘Contact Us’’ link at the 

top of the home page, clicking on the 

‘‘Security Issues’’ link, and scrolling 

down to the heading ‘‘Security 

Violations and Concerns,’’ where a tollfree telephone number and e-mail 

address for the TSA Contact Center are 

provided. With the implementation of 

this rule, TSA plans to move the 

security-related contact information to a 

more prominent position on the home 

page to facilitate reporting. This analysis 

of costs and benefits assumes that TSA 

will proceed in that manner. After 

considering public comments and 

reviewing internal procedures, however, 

TSA may implement this rule 

differently. 

There is no accurate method for 

gauging how many additional e-mail 

messages, telephone calls, and letters 

reporting transportation-security 

concerns the new placement of the 

contact number and address could 

generate. Consequently, estimating an 

accurate cost to the public of voluntarily 

reporting security concerns to TSA is 

difficult. Nonetheless, one can use fiscal 

year (FY) 2008 TSA Contact Center data 

to cost out potential scenarios. For this 

analysis, it has been projected that the 

rule will double the number of securityrelated telephone calls and e-mail 

messages TSA received in FY 2008. 

In FY 2008, the Contact Center fielded 

3,241 security-related telephone calls. 

According to Contact Center statistics, 

the average security-related call lasts 

four minutes. If one projects that the 

public will place an additional 3,241 

calls as a result of the rule, then the 

public will spend 12,964 minutes (3,241 

calls at about 4 minutes per call) on the 

telephone with TSA. At $29.24 per hour 

(TSA assumes that most of the 

communications it will receive will be 

from air travelers),4 the total annual cost 

to the public for the additional 

telephone calls will be $6,318 ($29.24 

per hour × 12,964 minutes/60 minutes 

per hour). 

To estimate the cost of contacting 

TSA electronically, this analysis used 

other data collected by the Contact 

Center as a starting point. In FY 2008 

the Center received 2,544 securityrelated e-mail messages from customers 

who logged onto the TSA Web site, 

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Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules 43091 

5This estimate of six FTEs may turn out to be 

high; the actual number will depend on how many 

reports TSOC receives, their complexity, and the 

percentage that require follow-up actions. 

6TSOC will incur no incremental costs for 

training because in-house training has already been 

funded. There also will be no additional expenses 

for space, computers, and telephones; existing 

equipment at TSOC will be used to handle the 

expected increase in telephonic and e-mail 

reporting. 

clicked on the ‘‘Contact Us/Security 

Issues/Security Violations and 

Concerns’’ links described above, filled 

out the Web form, and submitted it. If 

one assumes that TSA will receive an 

additional 2,544 e-mail messages as a 

result of this rule and that the average 

e-mail message will require fifteen 

minutes to prepare, one can modify the 

value-of-time formula used to calculate 

the FY 2008 cost of security-related 

telephonic reports to TSA to estimate 

the cost to the public of e-mailing its 

concerns: 2,544 e-mail messages × 15/60 

hours per e-mail message × $29.24 per 

hour = $18,597. 

The proposed rule would also allow 

the public to report security concerns by 

regular mail. If one projects that this 

rule will generate 1,000 letters and that 

it takes the average letter writer 30 

minutes to write and mail a report, the 

value of the public’s time for this 

exercise would equate to $14,620 (1,000 

letters × 30/60 hour per letter × $29.24 

per hour). When the cost of postage is 

included (1,000 letters × $.42 per stamp 

= $420), using regular mail to report 

transportation security concerns to TSA 

would cost the public $15,040. 

The projected cost of the three modes 

of communication—$6,318 for 

telephone calls, $18,597 for e-mail, and 

$15,040 for regular mail—is $39,955. 

The public would assume this direct 

cost voluntarily; the cost is not imposed 

by this rule. 

In addition to this direct cost to the 

public, TSA would incur expenses in 

handling the increased volume of 

reports. Although it is not feasible to 

accurately establish the number of 

additional telephonic and e-mail reports 

the new placement of the contact 

number and address will generate, the 

Transportation Security Operations 

Center (TSOC) plans to hire six full time 

equivalent (FTE) contract watch officers 

(at an overall cost of $127,000 per year 

for each officer) to handle the increased 

volume.5 The incremental annual labor 

costs in administering these telephonic 

and e-mail reports would total $762,000 

(6 × $127,000). TSA estimates that the 

toll-free telephone line would cost 

approximately $25 per month for the 

analog line charge and one cent per 

minute for line usage. If one projects 

that the rule will generate 3,241 

additional telephone calls per year, the 

cost of the toll-free telephone line 

amounts to $430 ((3,241 calls × 4 

minutes × $.01 per minute) + (12 

months × $25)). Taken together, the 

estimated labor costs ($762,000) and 

telephone-line costs ($430) yield a total 

annual cost to TSA of $762,430.6

Because TSA would not expect to hire 

additional personnel to handle any 

increase in security-related letters 

received via regular mail, no additional 

mail-administration costs are 

anticipated. 

Benefits 

This rulemaking provides the 

following benefits: 

1. It expands the public’s ability to 

report problems, deficiencies, and 

vulnerabilities regarding transportation 

security. 

2. It reminds the public that TSA 

wants to receive these reports. 

3. It gives the public a simple method 

of alerting TSA to transportation 

security concerns that may otherwise 

have been overlooked. It is quite 

possible that reports from the public 

could prevent a national security 

problem that otherwise would have 

gone unaddressed. 

Regulatory Flexibility Act Assessment 

The Regulatory Flexibility Act (RFA) 

of 1980 requires that agencies perform a 

review to determine whether a proposed 

or final rule will have a significant 

economic impact on a substantial 

number of small entities. If the 

determination is that it will, the agency 

must prepare a regulatory flexibility 

analysis as described in the RFA. For 

purposes of the RFA, small entities 

include small businesses, not-for-profit 

organizations, and small governmental 

jurisdictions per section 601(6) of the 

RFA. Individuals and States are not 

included in the definition of a small 

entity. 

This proposed rule enhances the 

public’s ability to report security 

concerns voluntarily to TSA. TSA and 

the public will incur some costs in the 

operation of this enhanced reporting 

system. As stated previously, the public 

would voluntarily assume the direct 

cost of reporting problems and 

deficiencies to TSA; the cost is not 

imposed by this rule. TSA certifies that 

this rulemaking would not have a 

significant economic impact on a 

substantial number of small entities. 

International Trade Impact Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. The statute also requires 

consideration of international standards 

and, where appropriate, that they be the 

basis for U.S. standards. TSA has 

assessed the potential effect of this 

rulemaking and has determined that it 

will impose the same costs on domestic 

and international entities and thus have 

a neutral trade impact. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 is intended, among other things, 

to curb the practice of imposing 

unfunded Federal mandates on State, 

local, and Tribal governments. Title II of 

the Act requires each Federal agency to 

prepare a written statement assessing 

the effects of any Federal mandate in a 

proposed or final agency rule that may 

result in a $100 million or more 

expenditure (adjusted annually for 

inflation) in any one year by State, local, 

and Tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ 

This rulemaking does not contain 

such a mandate. The requirements of 

Title II of the Act, therefore, do not 

apply and TSA has not prepared a 

statement under the Act. 

Executive Order 13132, Federalism 

TSA has analyzed this proposed rule 

under the principles and criteria of 

Executive Order 13132, Federalism. We 

determined that this action would not 

have a substantial direct effect on the 

States, on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and therefore 

would not have federalism implications. 

Environmental Analysis 

TSA has reviewed this action for 

purposes of the National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 

4321–4347) and has determined that 

this action will not have a significant 

effect on the human environment. 

Energy Impact Analysis 

The energy impact of the notice has 

been assessed in accordance with the 

Energy Policy and Conservation Act 

(EPCA), Public Law 94–163, as amended 

(42 U.S.C. 6362). We have determined 

that this rulemaking is not a major 

regulatory action under the provisions 

of the EPCA. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

43092 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Proposed Rules 

List of Subjects in 49 CFR Part 1503 

Administrative practice and 

procedure, Investigations, Law 

enforcement, Penalties, Transportation. 

The Proposed Amendments 

For the reasons set forth in the 

preamble, the Transportation Security 

Administration proposes to amend part 

1503 in chapter XII of title 49, Code of 

Federal Regulations as follows: 

PART 1503—INVESTIGATIVE AND 

ENFORCEMENT PROCEDURES 

1. The authority citation for part 1503 

is revised to read as follows: 

Authority: 6 U.S.C. 1142; 18 U.S.C. 6002; 

28 U.S.C. 2461 (note); 49 U.S.C. 114, 20109, 

31105, 40113–40114, 40119, 44901–44907, 

46101–46107, 46109–46110, 46301, 46305, 

46311, 46313–46314. 

2. Revise subpart A heading and 

§ 1503.1 to read as follows: 

Subpart A—Reports by the Public of 

Security Problems, Deficiencies, and 

Vulnerabilities 

§ 1503.1 Submission of reports to TSA. 

(a) Any person may report to TSA a 

problem, deficiency, or vulnerability 

regarding transportation security, 

including the security of aviation, 

maritime, railroad, motor carrier 

vehicle, or pipeline transportation, or 

any mode of public transportation, such 

as mass transit. Reports may be made to 

TSA at the following addresses: 

(1) U.S. mail at Transportation 

Security Administration, TSA HQ, 

TSA–XXX, 601 South 12th Street, 

Arlington, VA 20598–6002; 

(2) By e-mail at XXX.dhs.gov; or 

(3) By telephone at (XXX) XXX– 

XXXX. 

(b) If a report submitted under this 

section identifies the person making the 

report, TSA will respond promptly to 

such person and acknowledge receipt of 

the report. 

(c) TSA will review and consider the 

information provided in any report 

submitted under this section and take 

appropriate steps to address any 

problems, deficiencies, or 

vulnerabilities identified. 

(d) Nothing in this section relieves a 

person of a separate obligation to report 

information to TSA under another 

provision of this title, a security 

program, or a security directive, or to 

another Government agency under other 

law. 

Issued in Arlington, Virginia, on August 

20, 2009. 

Keith Kauffman, 

Acting Deputy Administrator. 

[FR Doc. E9–20551 Filed 8–25–09; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[FWS–R1–ES–2007–0004; MO 9221050083] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Black-Footed 

Albatross (Phoebastria nigripes) as 

Threatened or Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 90-day petition 

finding; reopening of the information 

solicitation period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public information 

solicitation period on our October 9, 

2007, 90-day finding on a petition to list 

the black-footed albatross (Phoebastria 

nigripes) as threatened or endangered 

under the Endangered Species Act of 

1973, as amended (Act). This action will 

provide all interested parties with an 

additional opportunity to submit 

information and materials on the status 

of the black-footed albatross. 

Information previously submitted need 

not be resubmitted as it has already 

been incorporated into the public record 

and will be fully considered in the 12- 

month finding. 

DATES: We are reopening the public 

information solicitation period and 

request that we receive information on 

or before September 25, 2009. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: [FWS–R1– 

ES–2007–0004], Division of Policy and 

Directives Management, U.S. Fish and 

Wildlife Service, 4401 N. Fairfax Drive, 

Suite 222, Arlington, VA 22203. 

You should be aware that we will post 

all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Information Solicited section below for 

more information). 

FOR FURTHER INFORMATION CONTACT: Gina 

Shultz, Deputy Field Supervisor, Pacific 

Islands Fish and Wildlife Office, 300 

Ala Moana Boulevard, Box 50088, Room 

3122, Honolulu, HI 96850 (telephone 

808–792–9400; facsimile 808–792– 

9581). If you use a telecommunications 

device for the deaf (TDD), please call the 

Federal Information Relay Service at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Information Solicited 

We are soliciting information during 

this reopened information solicitation 

period on the status of the black-footed 

albatross. We published a 90-day 

finding on a petition to list the blackfooted albatross as threatened or 

endangered in the Federal Register on 

October 9, 2007 (72 FR 57278). If you 

submitted information previously on the 

status of the black-footed albatross 

during the previous information 

solicitation period, please do not 

resubmit it. This information has been 

incorporated into the public record and 

will be fully considered in the 

preparation of the 12-month finding. 

You may submit your information and 

materials concerning the 90-day finding 

by one of the methods listed in the 

ADDRESSES section. Please be aware that 

if you submit information via http:// 

www.regulations.gov your entire 

submission—including any personal 

identifying information—will be posted 

on the Web site. If your submission is 

made via hardcopy that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will also post all hardcopy 

submissions on http:// 

www.regulations.gov. 

Information and materials we receive, 

as well as supporting documentation we 

used in preparing the 90-day finding for 

the black-footed albatross, will be 

available for public inspection on 

http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the Service’s Pacific Islands 

Fish and Wildlife Office (see FOR

FURTHER INFORMATION CONTACT, above). 

Background 

On October 9, 2007, we published a 

90-day finding on a petition to list the 

black-footed albatross as threatened or 

endangered (72 FR 57278). In that 90- 

day finding, we found that the petition 

presented substantial scientific or 

commercial information indicating that 

listing the black-footed albatross may be 

warranted. We also initiated a status 

review to determine if listing the species 

mstockstill on DSKH9S0YB1PROD with PROPOSALS