53454 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

Subpart G—Significant New 

Alternatives Policy Program 

2. The first table in Appendix B to 

Subpart G of Part 82 is amended by 

adding one new entry to the end of the 

table to read as follows: 

Appendix B to Subpart G of Part 82— 

Substitutes Subject to Use Restrictions 

and Unacceptable Substitutes 

REFRIGERANTS-ACCEPTABLE SUBJECT TO USE CONDITIONS

Application Substitute Decision Conditions Comments 

* * * * * * * 

CFC–12 Automobile 

Motor Vehicle Air 

Conditioning (New 

equipment in passenger cars and 

trucks only).

HFO–1234yf as a 

substitute for CFC– 

12.

Acceptable subject to 

use conditions.

Engineering strategies and/or devices must 

be incorporated into the system such that 

leaks into the free space 1 of the passenger compartment do not result in HFO– 

1234yf concentrations of 6.2% v/v or 

above in any part of the free space 1 inside the passenger compartment for more 

than 15 seconds.

Additional training for 

service technicians 

recommended. 

Engineering strategies and/or devices must 

be incorporated into the system such that 

leaks into the engine compartment or vehicle electric power source storage areas do 

not result in HFO–1234yf concentrations of 

6.2% v/v or above for any period of time.

Observe Pre-manufacture Notice 

(PMN) regulatory 

decision. 

HFO–1234yf MVAC systems must incorporate protective devices, isolation and/or 

ventilation techniques in areas where 

processes, procedures or upset conditions 

such as leaks have the potential to generate HFO–1234yf concentrations at or 

above 6.2% v/v in proximity to exhaust 

manifold surfaces and hybrid/electric vehicle electric power sources.

Manufacturers must adhere to all the safety 

requirements listed in the Society of Automotive Engineers (SAE) Standard J639 

(adopted 2009), including unique fittings 

and flammable refrigerant warning label 

and high-pressure compressor cutoff 

switch and pressure relief devices.

Manufacturers must conduct and keep on file 

Failure Mode and Effect Analysis (FMEA) 

on the MVAC as stated in SAE J1739 

(adopted 2009).

1Free space is defined as the space inside the passenger compartment excluding the space enclosed by the ducting in the HVAC module. 

* * * * * 

[FR Doc. E9–25106 Filed 10–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 224 

RIN 0648–AV15 

Protective Regulations for Killer 

Whales in the Northwest Region Under 

the Endangered Species Act and 

Marine Mammal Protection Act 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; notification of 

extension of public comment period. 

SUMMARY: We, the National Marine 

Fisheries Service (NMFS), are issuing 

this notice to advise the public that 

NMFS is extending the public comment 

period for proposed regulations under 

the Endangered Species Act and Marine 

Mammal Protection Act to prohibit 

vessels from approaching killer whales 

within 200 yards and from parking in 

the path of whales for vessels in inland 

waters of Washington State. The 

proposed regulations would also 

prohibit vessels from entering a 

conservation area during a defined 

season. The proposed rule was 

published July 29, 2009, opening a 90- 

day public comment period and 

noticing two public meetings. In 

response to requests from the public, on 

September 17, 2009, we published a 

notice in the Federal Register 

announcing an additional public 

meeting. We are issuing this notice to 

announce an 80-day extension of the 

public comment period in response to 

requests to provide more time for the 

public to review the proposed 

regulation and provide comments. 

We recognize that by extending the 

public comment period, we will not 

have sufficient time to issue a final rule 

prior to the 2010 summer boating 

season. We continue to believe that it is 

important to address the adverse effects 

of vessel traffic on killer whales in the 

near future. In light of the requests we 

have received for an extension of the 

comment period, however, we believe 

additional public outreach will enhance 

both NMFS’ understanding of public 

concerns and the public’s 

understanding of the basis for our 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Proposed Rules 53455 

proposal, and it will allow time for 

cooperative efforts to refine the 

proposal. We will work toward adoption 

of a final rule prior to the 2011 summer 

boating season. We will consider all 

comments and information received 

during the comment period in preparing 

a final rule. 

DATES: Written or electronic comments 

on the proposed rule and draft 

Environmental Assessment (EA) from 

all interested parties are encouraged and 

must be received no later than January 

15, 2010. All comments and material 

received, including names and 

addresses, will become part of the 

administrative record and may be 

released to the public. 

ADDRESSES: Comments on the proposed 

rule, draft EA and any of the supporting 

documents can be submitted by any of 

the following methods: 

• E-mail: orca.plan@noaa.gov. 

• Federal e-rulemaking Portal: http:// 

www.regulations.gov. 

• Mail: Assistant Regional 

Administrator, Protected Resources 

Division, Northwest Regional Office, 

National Marine Fisheries Service, 7600 

Sand Point Way NE, Seattle, WA 98115. 

The draft EA and other supporting 

documents are available on 

Regulations.gov and the NMFS 

Northwest Region Web site at http:// 

www.nwr.noaa.gov/. 

You may submit information and 

comments concerning this Proposed 

Rule, the draft EA, or any of the 

supporting documents by any one of 

several methods identified above. We 

will consider all comments and 

information received during the 

comment period in preparing a final 

rule. Before including your address, 

phone number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment- including your 

personal identifying information- may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

FOR FURTHER INFORMATION CONTACT: 

Lynne Barre, Northwest Regional Office, 

206–526–4745; or Trevor Spradlin, 

Office of Protected Resources, 301–713– 

2322. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 29, 2009, NMFS proposed 

regulations under the Endangered 

Species Act and Marine Mammal 

Protection Act to prohibit vessels from 

approaching killer whales within 200 

yards and from parking in the path of 

whales for vessels in inland waters of 

Washington State (74 FR 37674). The 

proposed regulations would also 

prohibit vessels from entering a 

conservation area during a defined 

season. Certain vessels would be exempt 

from the prohibitions. The purpose of 

the action is to protect killer whales 

from interference and noise associated 

with vessels. In the final rule 

announcing the endangered listing of 

Southern Resident killer whales NMFS 

identified disturbance and sound 

associated with vessels as a potential 

contributing factor in the recent decline 

of this population. The Recovery Plan 

for Southern Resident killer whales calls 

for evaluating current guidelines and 

assessing the need for regulations and/ 

or protected areas (73 FR 4176; January 

24, 2008). We developed the proposed 

rule after considering comments 

submitted in response to an Advance 

Notice of Proposed Rulemaking (72 FR 

13464; March 22, 2007) and preparing a 

draft environmental assessment. 

Dated: October 13, 2009. 

Helen Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. E9–25063 Filed 10–16–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 0907231161–91189–01] 

RIN 0648–AY08 

International Fisheries; Pacific Tuna 

Fisheries; Fishing Restrictions in the 

Longline and Purse Seine Fisheries in 

the Eastern Pacific Ocean in 2009, 

2010, and 2011 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations 

under the Tuna Conventions Act of 

1950 (Act) to implement a decision of 

the Inter-American Tropical Tuna 

Commission (IATTC). That decision 

requires, among other things, that 

members of the IATTC, including the 

United States, ensure that catches in the 

eastern Pacific Ocean (EPO) of bigeye 

tuna (Thunnus obesus) by longline 

vessels greater than 24 meters in length 

do not exceed specified levels in each 

of the years 2009, 2010, and 2011, and 

that purse seine vessels class sizes 4–6 

do not fish in the EPO during an 

established closure period. This action 

is necessary for the United States to 

satisfy its obligations under the 1949 

Convention for the Establishment of an 

Inter-American Tropical Tuna 

(Convention), to which it is a 

Contracting Party. 

DATES: Comments must be submitted in 

writing by November 9, 2009. A public 

hearing will be held at 9 a.m. to 12 p.m. 

PDT, October 21, 2009, Long Beach, CA. 

ADDRESSES: You may submit comments 

on this proposed rule, identified by 

0648–AY08, the Initial Regulatory 

Flexibility Analysis (IRFA), or the draft 

environmental assessment (EA) 

prepared for the proposed rule by any 

of the following methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking portal, at http:// 

www.regulations.gov. 

• Mail: Rod McInnis, Regional 

Administrator, NMFS Southwest 

Regional Office (SWR), 501 W. Ocean 

Blvd, Suite 4200, Long Beach, Ca 90802. 

Include the identifier ‘‘0648–AY08’’ in 

the comments. 

• Public hearing: The hearing will be 

held at 501 W. Ocean Boulevard, Suite 

4200, Long Beach, Ca 90802. The public 

may also participate in the public 

hearing via conference line: 888–989– 

6480; participant passcode: 29574. 

Instructions: All comments received 

are part of the public record and 

generally will be posted to http:// 

www.regulations.gov without change. 

All personal identifying information (for 

example, name and address) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

confidential business information or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (if submitting 

comments via the Federal e-Rulemaking 

portal, enter ‘‘N/A’’ in the relevant 

required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of the EA prepared under the 

authority of the National Environmental 

Policy Act and the IRFA are available at 

http://swr.nmfs.noaa.gov/ or may be 

obtained from Rod McInnis, Regional 

Administrator, NMFS SWR (see 

ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: 

Heidi Hermsmeyer, NMFS SWR, 562– 

980–4036. 

SUPPLEMENTARY INFORMATION: 


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