50108 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

delivery costs shall be for the reasonably 

necessary costs directly incurred to 

transport personnel to locate and 

retrieve the requested information, and 

to deliver such material to the place of 

examination. 

Appendix A to § 219.3—Reimbursement 

Schedule 

Reproduction: 

Photocopy, per page ........... $0.25 

Paper copies of microfiche, 

per frame.

0.25 

Duplicate Microfiche, per 

microfiche.

0.50 

Storage media ..................... Actual cost. 

Search and Processing: 

Clerical/Technical, hourly 

rate.

22.00 

Computer Support Specialist, hourly rate.30.00 

Manager/Supervisory, 

hourly rate.

30.00 

■ 3. In § 219.5, revise paragraph (a) to 

read as follows: 

§ 219.5 Conditions for payment. 

(a) Direct costs. Payment shall be 

made only for costs that are both 

directly incurred and reasonably 

necessary to provide requested material. 

Search and processing, reproduction, 

and transportation or delivery costs 

shall be considered separately when 

determining whether the costs are 

reasonably necessary. Photocopying or 

microfiche charges are reasonably 

necessary only if the institution has 

reproduced financial records that were 

not stored electronically (i.e., where the 

information requested was stored only 

on paper or in microfiche), or where the 

government authority making the 

request has specifically asked for 

printed copies of electronically stored 

records. 

* * * * * 

By order of the Board of Governors of the 

Federal Reserve System, September 23, 2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. E9–23407 Filed 9–29–09; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0552; Airspace 

Docket No. 09–ANM–7] 

Establishment of Class E Airspace; 

Ronan, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Ronan, MT. It also makes 

a minor revision to the legal description 

of that airspace. 

DATES: Effective Date: 0901 UTC, 

December 17, 2009. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR 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 Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On July 13, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish 

additional controlled airspace at Ronan, 

MT, (74 FR 33381). The additional 

controlled airspace is necessary to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedure (SIAP) at Ronan 

Airport, Ronan, MT, and to improve the 

safety of Instrument Flight Rules (IFR) 

aircraft executing the new RNAV GPS 

SIAP at Ronan Airport, Ronan, MT. 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Subsequent to 

publication, the FAA found that the 

Federal airways reference was not 

needed. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing the Class E airspace at 

Ronan, MT. Controlled airspace is 

necessary to accommodate IFR aircraft 

executing a new RNAV (GPS) approach 

procedure at Ronan Airport, Ronan, MT. 

This action also deletes reference to 

excluding airspace within Federal 

airways in the airport description. 

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 DOT 

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 discusses 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 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 

controlled airspace at Ronan Airport, 

Ronan, MT. 

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 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50109 

ANM MT, E5 Ronan, MT [New] 

Ronan Airport, MT 

(Lat. 47°34′02′′ N., long. 114°06′04′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 8.4-mile 

radius of Ronan Airport. 

* * * * * 

Issued in Seattle, Washington, on 

September 18, 2009. 

William Buck, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. E9–23104 Filed 9–29–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2009–OS–0090] 

RIN 0790–AI58 

32 CFR Part 239 

Homeowners Assistance Program— 

Application Processing 

AGENCY: Under Secretary of Defense for 

Acquisition, Technology, and Logistics, 

Office of the Deputy Under Secretary of 

Defense (Installations and 

Environment), DoD. 

ACTION: Interim final rule. 

SUMMARY: This part continues to 

authorize the Homeowners Assistance 

Program (HAP) to financially 

compensate eligible military and 

civilian Federal employee homeowners 

when the real estate market is adversely 

affected directly related to the closure or 

reduction-in-scope of operations due to 

Base Realignment and Closure (BRAC). 

The American Recovery and 

Reinvestment Act of 2009 expanded the 

HAP to provide assistance to: Wounded 

members of the Armed Forces (30% or 

greater disability), surviving spouses of 

fallen warriors, and wounded 

Department of Defense (DoD) civilian 

homeowners reassigned in furtherance 

of medical treatment or rehabilitation or 

due to medical retirement in connection 

with their disability; Base Realignment 

and Closure (BRAC) 2005 impacted 

homeowners relocating during the 

mortgage crisis; and Service member 

homeowners undergoing Permanent 

Change of Station (PCS) moves during 

the mortgage crisis. 

The Department of Defense will 

provide financial assistance to offset 

financial losses of homeowners who 

need to sell their homes in conjunction 

with PCS moves, base closures, combat 

injuries, or loss of spouse in the line of 

duty. 

DATES: This rule is effective September 

30, 2009. Comments must be received 

by October 30, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Deanna Buchner, (703) 602–4353. 

SUPPLEMENTARY INFORMATION: The 

prompt implementation of the interim 

final rule is of critical importance in 

meeting the goals of the Department of 

Defense to provide financial stability 

and increase quality of life for those 

impacted by the mortgage crisis. 

The Under Secretary of Defense for 

Acquisition, Technology, and Logistics 

has overall responsibility and provides 

oversight for this program through the 

Deputy Under Secretary of Defense for 

Installations and Environment 

(DUSD(I&E)). The Army, acting as the 

DoD Executive Agent for administering 

the HAP and Expanded HAP, uses the 

Headquarters, U.S. Army Corps of 

Engineers (HQUSACE) to implement the 

program. 

a. Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

Under Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (Oct. 4, 1993), a ‘‘significant 

regulatory action’’ is subject to Office of 

Management and Budget (OMB) review 

and the requirements of Executive Order 

12866. Section 3(f) of the Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more, or 

may adversely affect in a material way 

the economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or Tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

This rule is an economically 

significant regulatory action under 

section 3(f) of Executive Order 12866 

because it is expected to have an annual 

effect on the economy of more than 

$100 million, and materially alter the 

budgetary impact of the Homeowners 

Assistance Program. Accordingly, OMB 

has reviewed this rule. 

b. Sec. 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified by the DUSD(I&E) 

that 32 CFR part 239 does not contain 

a Federal mandate that may result in 

expenditure by State, local and Tribal 

governments, in aggregate, or by the 

private sector, of $100 million or more 

in any one year. 

c. Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified by the DUSD(I&E) 

that 32 CFR part 239 is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601) 

because it would not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities. 

d. Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified by the DUSD(I&E) 

that 32 CFR part 239 does impose 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act of 

1995. These requirements have been 

submitted to the Office of Management 

and Budget for approval. 

e. Executive Order 13132, ‘‘Federalism’’ 

It has been certified by the DUSD(I&E) 

that 32 CFR part 239 does not have 

federalism implications, as set forth in 

Executive Order 13132. This rule does 

not have substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

Federal Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 239 

Government employees; Grant 

programs—housing and community 

development; Housing; Military 

personnel. 


sroberts on DSKD5P82C1PROD with RULES