Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Notices 52997 

Gas and Hazardous Liquid Pipeline 

Safety Program Certifications 

For the hazardous liquids program, 

the Office of Pipeline Safety (OPS) 

currently has two States with an 

agreement under 49 U.S.C. 60106(a) and 

15 State programs that are certified 

under 49 U.S.C. 60105(a) with six States 

acting as Interstate Agents. 

For the natural gas program, the 

Office of Pipeline Safety (OPS) currently 

has one State with an agreement under 

49 U.S.C. 60106(a) and 51 State 

programs that are certified under 49 

U.S.C. 60105(a) (Hawaii and Alaska are 

exceptions) with nine States acting as 

Interstate Agents. 

An estimate of the revised burden is 

as follows: 

Title: Pipeline Safety: Gas and 

Hazardous Liquid Pipeline Safety 

Program Certifications. 

OMB Control Number: 2137–0584. 

Type of Request: Revision of a 

currently approved information 

collection. 

Abstract: A State agency participating 

in the pipeline safety program must 

maintain records to demonstrate that the 

agency is properly monitoring the 

operations of pipeline operators in that 

State. The State agency must also 

submit an annual certificate to PHMSA 

verifying compliance. PHMSA uses the 

information collected to evaluate the 

State’s eligibility for Federal grants. 

Estimated number of respondents: 67. 

Estimated annual burden hours: 3,920 

hours. 

Frequency of collection: Annually. 

Issued in Washington, DC on October 7, 

2009. 

John A. Gale, 

Director of Regulations. 

[FR Doc. E9–24838 Filed 10–14–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that a Buy America waiver is 

appropriate for the purchase of foreign 

butterfly valves for a Federal-aid/ 

American Recovery and Reinvestment 

Act (ARRA) project for the City of 

Colorado Springs, Colorado. 

DATES: The effective date of the waiver 

is October 16, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via e-mail at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via e-mail 

at michael.harkins@dot.gov. Office 

hours for the FHWA are from 7:45 a.m. 

to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application of such requirements would 

be inconsistent with the public interest 

or when satisfactory quality domestic 

steel and iron products are not 

sufficiently available. This notice 

provides information regarding the 

FHWA’s finding that a Buy America 

waiver is appropriate for the acquisition 

of butterfly valves for the Woodmen 

Road Corridor Improvement Project in 

the City of Colorado Springs, Colorado. 

Specifically, the City of Colorado 

Springs was not able to find a domestic 

supplier for a 42 inch Vanessa Zero 

Leakage 30,000 Series Butterfly Valve. 

This project is funded under the 

American Recovery and Reinvestment 

Act of 2009. 

In accordance with the Division I, 

section 126 of the ‘‘Omnibus 

Appropriations Act, 2009’’ (Pub. L. 111– 

8), the FHWA published a notice of 

intent to issue a waiver for the butterfly 

valves (http://www.fhwa.dot.gov/ 

construction/contracts/ 

waivers.cfm?id=37) on August 24, 2009. 

The FHWA received one comment in 

response to this notice which suggested 

that the butterfly valves may be 

available domestically. This comment 

was provided by Mr. Edward J. Schutz, 

Director of Sales with the Henry Pratt 

Company. 

Mr. Adam Baker with the City of 

Colorado Springs contacted Mr. Shutz 

with the Henry Pratt Company regarding 

the company’s products and 

conformance with the City of Colorado 

Spring’s design criteria. Both parties 

agreed that the company’s products 

would not meet the project 

specifications. A copy of the City’s 

September 16, 2009, letter to Mr. Schutz 

documenting this conversation and Mr. 

Schutz’s confirmation is available upon 

request. 

During the 15-day comment period, 

the FHWA conducted an additional 

review to locate potential domestic 

manufacturers for the butterfly valves. 

Based on all the information available to 

the agency, the FHWA concludes that 

there are no domestic manufacturers for 

the specified butterfly valves. Thus, the 

FHWA concludes that a Buy America 

waiver is appropriate as provided by 23 

CFR 635.410(c)(1). 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat.1572), the FHWA 

is providing this notice as its finding 

that a waiver of Buy America 

requirements is appropriate. The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the link provided to the City of 

Colorado Springs waiver page noted 

above. 

(Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410) 

Issued on: October 8, 2009. 

King Gee, 

Associate Administrator for Infrastructure. 

[FR Doc. E9–24851 Filed 10–14–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Consensus Standards, Light-Sport 

Aircraft 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: This notice announces the 

availability of four revised consensus 

standards to previously accepted 

consensus standards relating to the 

provisions of the Sport Pilot and LightSport Aircraft rule issued July 16, 2004, 

and effective September 1, 2004. ASTM 

International Committee F37 on Light 

Sport Aircraft developed the revised 

standards with Federal Aviation 

Administration (FAA) participation. By 

this notice, the FAA finds the revised 

standards acceptable for certification of 

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52998 Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Notices 

the specified aircraft under the 

provisions of the Sport Pilot and LightSport Aircraft rule. 

DATES: Comments must be received on 

or before December 14, 2009. 

ADDRESSES: Comments may be mailed 

to: Federal Aviation Administration, 

Small Airplane Directorate, Programs 

and Procedures Branch, ACE–114, 

Attention: Terry Chasteen, Room 301, 

901 Locust, Kansas City, Missouri 

64106. Comments may also be e-mailed 

to: 9-ACE-AVR-LSA-Comments@faa.gov. 

All comments must be marked: 

Consensus Standards Comments, and 

must specify the standard being 

addressed by ASTM designation and 

title. 

FOR FURTHER INFORMATION CONTACT: 

Terry Chasteen, Light-Sport Aircraft 

Program Manager, Programs and 

Procedures Branch (ACE–114), Small 

Airplane Directorate, Aircraft 

Certification Service, Federal Aviation 

Administration, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone 

(816) 329–4147; e-mail: 

terry.chasteen@faa.gov. 

SUPPLEMENTARY INFORMATION: This 

notice announces the availability of four 

revised consensus standards to 

previously accepted consensus 

standards relating to the provisions of 

the Sport Pilot and Light-Sport Aircraft 

rule. ASTM International Committee 

F37 on Light Sport Aircraft developed 

the new and revised standards. The 

FAA expects a suitable consensus 

standard to be reviewed at least every 

two years. The two-year review cycle 

will result in a standard revision or 

reapproval. A standard is issued under 

a fixed designation (i.e., F2244); the 

number immediately following the 

designation indicates the year of 

original adoption or, in the case of 

revision, the year of last revision. A 

number in parentheses indicates the 

year of last reapproval. A reapproval 

indicates a two-year review cycle 

completed with no technical changes. A 

superscript epsilon (e) indicates an 

editorial change since the last revision 

or reapproval. A notice of availability 

(NOA) will only be issued for new or 

revised standards. Reapproved 

standards issued with no technical 

changes or standards issued with 

editorial changes only (i.e., superscript 

epsilon (e)) are considered accepted by 

the FAA without need for a NOA. 

Comments Invited: Interested persons 

are invited to submit such written data, 

views, or arguments, as they may desire. 

Communications should identify the 

consensus standard number and be 

submitted to the address specified 

above. All communications received on 

or before the closing date for comments 

will be forwarded to ASTM 

International Committee F37 for 

consideration. The standard may be 

changed in light of the comments 

received. The FAA will address all 

comments received during the recurring 

review of the consensus standard and 

will participate in the consensus 

standard revision process. 

Background: Under the provisions of 

the Sport Pilot and Light-Sport Aircraft 

rule, and revised Office of Management 

and Budget (OMB) Circular A–119, 

‘‘Federal Participation in the 

Development and Use of Voluntary 

Consensus Standards and in Conformity 

Assessment Activities’’, dated February 

10, 1998, industry and the FAA have 

been working with ASTM International 

to develop consensus standards for 

light-sport aircraft. These consensus 

standards satisfy the FAA’s goal for 

airworthiness certification and a 

verifiable minimum safety level for 

light-sport aircraft. Instead of 

developing airworthiness standards 

through the rulemaking process, the 

FAA participates as a member of 

Committee F37 in developing these 

standards. The use of the consensus 

standard process assures government 

and industry discussion and agreement 

on appropriate standards for the 

required level of safety. 

Comments on Previous Notices of 

Availability 

In the Notice of Availability (NOA) 

issued on July 28, 2008, and published 

in the Federal Register on July 28, 2008, 

the FAA asked for public comments on 

the new and revised consensus 

standards accepted by that NOA. The 

comment period closed on September 

26, 2008. No public comments were 

received regarding the standards 

accepted by this NOA. 

Consensus Standards in This Notice of 

Availability 

The FAA has reviewed the standards 

presented in this NOA for compliance 

with the regulatory requirements of the 

rule. Any light-sport aircraft issued a 

special light-sport airworthiness 

certificate, which has been designed, 

manufactured, operated and 

maintained, in accordance with this and 

previously accepted ASTM consensus 

standards provides the public with the 

appropriate level of safety established 

under the regulations. Manufacturers 

who choose to produce these aircraft 

and certificate these aircraft under 14 

CFR part 21, §§ 21.190 or 21.191 are 

subject to the applicable consensus 

standard requirements. The FAA 

maintains a listing of all accepted 

standards on the FAA Web site. 

The Revised Consensus Standard and 

Effective Period of Use 

The following previously accepted 

consensus standards have been revised, 

and this NOA is accepting the later 

revision. Either the previous revision or 

the later revision may be used for the 

initial certification of special light-sport 

aircraft until April 1, 2010. This 

overlapping period of time will allow 

aircraft that have started the initial 

certification process using the previous 

revision level to complete that process. 

After April 1, 2010, manufacturers must 

use the later revision and must identify 

the later revision in the Statement of 

Compliance for initial certification of 

special light-sport aircraft unless the 

FAA publishes a specific notification 

otherwise. The following Consensus 

Standard may not be used after April 1, 

2010: 

ASTM Designation F2240–05, titled: 

Standard Specification for Manufacturer 

Quality Assurance Program for Powered 

Parachute Aircraft. 

ASTM Designation F2244–05, titled: 

Standard Specification for Design and 

Performance for Powered Parachute 

Aircraft. 

ASTM Designation F 2245–07a, titled: 

Standard Specification for Design and 

Performance of a Light Sport Airplane. 

ASTM Designation F 2316–06, titled: 

Standard Specification for Airframe 

Emergency Parachutes for Light Sport 

Aircraft. 

The Consensus Standards 

The FAA finds the following revised 

consensus standards acceptable for 

certification of the specified aircraft 

under the provisions of the Sport Pilot 

and Light-Sport Aircraft rule. The 

consensus standards listed below may 

be used unless the FAA publishes a 

specific notification otherwise. 

a. ASTM Designation F2240–08, 

titled: Standard Specification for 

Manufacturer Quality Assurance 

Program for Powered Parachute Aircraft. 

b. ASTM Designation F2244–08, 

titled: Standard Specification for Design 

and Performance for Powered Parachute 

Aircraft. 

c. ASTM Designation F 2245–09, 

titled: Standard Specification for Design 

and Performance of a Light Sport 

Airplane. 

d. ASTM Designation F 2316–08, 

titled: Standard Specification for 

Airframe Emergency Parachutes for 

Light Sport Aircraft. 

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Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Notices 52999 

Availability 

These consensus standards are 

copyrighted by ASTM International, 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959. 

Individual reprints of a standard (single 

or multiple copies, or special 

compilations and other related technical 

information) may be obtained by 

contacting ASTM at this address, or at 

(610) 832–9585 (phone), (610) 832–9555 

(fax), through service@astm.org (e-mail), 

or through the ASTM Web site at http:// 

www.astm.org. To inquire about 

standard content and/or membership, or 

about ASTM International Offices 

abroad, contact Daniel Schultz, Staff 

Manager for Committee F37 on Light 

Sport Aircraft: (610) 832–9716, 

dschultz@astm.org. 

Issued in Kansas City, Missouri on October 

1, 2009. 

Scott Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–24746 Filed 10–14–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2009–0136] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the coastwise trade laws for the vessel 

POCH MA HON. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2009– 

0136 http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

November 16, 2009. 

ADDRESSES: Comments should refer to 

docket number MARAD–2009–0136 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov. 

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

Federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 

202–366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel POCH MA HON is: 

Intended Commercial Use of Vessel: 

‘‘Take a maximum of 6 paying 

passengers on sailing charters from a 

few hours to several days.’’ Geographic 

Region: ‘‘West Coast of Florida from 

Tampa Bay to Key West’’. 

Privacy Act 

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 DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Dated: October 6, 2009. 

By Order of the Maritime Administrator. 

Christine Gurland, 

Secretary, Maritime Administration. 

[FR Doc. E9–24785 Filed 10–14–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2009–0137] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

WYSPA. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2009– 

0137 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

November 16, 2009. 

ADDRESSES: Comments should refer to 

docket number MARAD–2009–0137. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

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