Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Rules and Regulations 62605 

1The Commission voted 3–2 to publish this 

revocation, with changes, in the Federal Register. 

Chairman Inez M. Tenenbaum, Commissioners 

Robert Adler and Thomas Moore voted to publish 

the revocation. Commissioners Nancy Nord and 

Anne Northup voted against publication of this 

revocation. Chairman Tenenbaum, Commissioner 

Adler, Commissioner Moore and Commissioner 

Nord filed statements regarding the vote. The 

statements may be viewed at http://www.cpsc.gov/ 

pr/statements.html. 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0543; Directorate 

Identifier 2011–CE–018–AD; Amendment 

39–16709; AD 2011–12–02] 

RIN 2120–AA64 

Airworthiness Directives; Viking Air 

Limited Model DHC–3 (Otter) Airplanes 

With Supplemental Type Certificate 

(STC) SA 09866SC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to Viking Air Limited Model 

DHC–3 (Otter) airplanes equipped with 

a Honeywell TPE331–10 or –12JR 

turboprop engine installed per STC 

SA09866SC (Texas Turbines 

Conversions, Inc.). The wording on how 

the AD is justified and the wording of 

the temporary placard need 

clarification. The clarification does not 

affect the actions of the AD. This 

document makes this clarification. In all 

other respects, the original document 

remains the same. 

DATES: This final rule is effective 

October 11, 2011. The effective date for 

AD 2011–12–02 remains June 2, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Peter W. Hakala, Aerospace Engineer, 

Special Certification Office, FAA, 

Rotorcraft Directorate, 2601 Meacham 

Blvd., Fort Worth, Texas 76137; phone: 

(817) 222–5145; fax: (817) 222–5785; email: peter.w.hakala@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Airworthiness Directive 2011–12–02, 

Amendment 39–16709 (76 FR 31800, 

June 2, 2011), currently requires 

incorporating revised airspeed 

limitations and marking the airspeed 

indicator accordingly for Viking Air 

Limited Model DHC–3 (Otter) airplanes 

equipped with a Honeywell TPE331–10 

or –12JR turboprop engine installed per 

STC SA09866SC (Texas Turbines 

Conversions, Inc.). There is also a 

requirement for the installation of a 

temporary placard until the airspeed 

indicator can be modified but not to 

exceed a certain period of time. 

As published, the wording on 

justification for the AD and the wording 

of the temporary placard need 

clarification. The clarification does not 

affect the actions of the AD. Only the 

changed portion of the final rule is 

being published in the Federal Register. 

The effective date of this AD remains 

June 2, 2011. 

Correction of Non-Regulatory Text 

In the Federal Register of June 2, 

2011, AD 2011–12–02; Amendment 39– 

16709 (76 FR 31800, June 2, 2011), is 

corrected as follows: 

On page 31800, in the third column, 

on line two under Airworthiness 

Directives; add at the end of the section 

the phrase ‘‘with Supplemental Type 

Certificate (STC) SA09866SC.’’ 

On page 31801, in the first column, at 

the end of the fifth line from the top and 

beginning of the sixth line from the top, 

remove the phrase ‘‘as stated in the 

regulations.’’ 

On page 31801, in the first column, in 

lines 10 through 12 from the top, 

replace the phrase ‘‘that exceed the 

speeds established in the federal 

aviation regulations for safe operation’’ 

with ‘‘that exceed those determined to 

be safe by the FAA.’’ 

On page 31801, in the second column, 

in lines 7 and 8 from the top, remove 

the phrase ‘‘as stated in the 

regulations.’’ 

On page 31801, in the second column, 

in lines 4 through 7 of the first full 

paragraph, replace the ‘‘with color band 

markings that do not comply with 14 

CFR 23.1505(c). This could result in 

reduced safety margins that may result 

in an unsafe condition.’’ with ‘‘with 

color band markings that could result in 

reduced safety margins and cause an 

unsafe condition.’’ 

On page 31801, in the second column, 

in lines 5 through 7 of the third full 

paragraph, replace the phrase ‘‘that 

exceed the speeds established in the 

federal aviation regulations for safe 

operation’’ with ‘‘that exceed those 

determined to be safe by the FAA.’’ 

Correction of Regulatory Text 

§ 39.13 [Corrected] 

■ In the Federal Register of June 2, 

2011, AD 2011–12–02; Amendment 39– 

16709 (76 FR 31800, June 2, 2011), on 

page 31802, paragraphs (e) and (f)(2) of 

AD 2011–12–02 are corrected to read as 

follows: 

(e) This AD was prompted by analysis that 

showed that airspeed limitations for the 

affected airplanes are not adjusted for the 

installation of a turboprop engine. We are 

issuing this AD to prevent the loss of airplane 

structural integrity due to the affected 

airplanes being able to operate at speeds that 

exceed those determined to be safe by the 

FAA. 

(f)(2) Fabricate a placard using letters of at 

least 1⁄8-inch in height with the following 

words: ‘‘Maximum certificated operating 

speed is 144 MPH, VMO speed limit for land/ 

ski plane and 134 MPH, VMO speed limit for 

seaplane.’’ Install this placard on the airplane 

instrument panel next to the airspeed 

indicator within the pilot’s clear view. 

Issued in Kansas City, Missouri, on 

October 3, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–26002 Filed 10–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1450 

Virginia Graeme Baker Pool and Spa 

Safety Act; Interpretation of 

Unblockable Drain 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule; revocation. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission,’’ ‘‘CPSC’’ or 

‘‘we’’) is revoking its interpretation of 

the term ‘‘unblockable drain’’ as used in 

the Virginia Graeme Baker Pool and Spa 

Safety Act (‘‘VGB Act’’).1

DATES: Effective date: This rule is 

effective October 11, 2011. 

Compliance date: This revocation 

does not alter the current requirement 

that public pools and spas be in 

compliance with the VGB Act, which 

became effective December 19, 2008. 

Any public pools or spas that require 

modifications as a result of this 

revocation shall comply by May 28, 

2012. 

Comment dates: Written comments 

and submissions in response to this 


jlentini on DSK4TPTVN1PROD with RULES
62606 Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Rules and Regulations 

action must be received by December 

12, 2011. The Commission invites 

written comments regarding the ability 

of those who have installed VGBA 

compliant unblockable drain covers as 

described at 16 CFR 1450.2(b) to come 

into compliance with our revocation by 

May 28, 2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2011– 

0071, by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail), except through 

http://www.regulations.gov. 

Written Submissions 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for paper 

(preferably in five copies), disk, or CD– 

ROM submissions), to: Office of the 

Secretary, Consumer Product Safety 

Commission, Room 820, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing and noted as 

such. 

Docket: For access to the docket to 

read background comments or 

comments received, go to: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Troy 

Whitfield, Lead Compliance Officer, 

Office of Compliance, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814– 

4408; telephone (301) 504–7548 or 

e-mail twhitfield@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Virginia Graeme Baker Pool and 

Spa Safety Act, Pub. L. 110–140, Title 

XIV (‘‘the VGB Act’’) was signed into 

law on December 19, 2007, and became 

effective on December 19, 2008. The 

VGB Act’s purpose is to prevent suction 

entrapment by swimming pool and spa 

drains and child drowning in swimming 

pools and spas. 

Section 1404(c)(1)(A)(i) of the VGB 

Act requires that each public pool and 

spa in the United States be equipped 

with drain covers that comply with the 

ASME/ANSI A112.19.8 performance 

standard or any successor standard. (In 

the Federal Register of August 5, 2011 

(76 FR 47436), we published a final rule 

to incorporate into our regulations 

ANSI/APSP–16 2011 as the successor 

standard to ANSI/ASME A112.19.8. The 

effective date of this incorporation is 

September 6, 2011, so that drain covers 

manufactured, distributed, or entered 

into commerce in the United States 

must conform to ANSI/APSP–16 2011 

as of that date. See 16 CFR 1450.3) 

Section 1404(c)(1)(A)(ii) of the VGB Act 

requires that each public pool and spa 

in the United States with a single main 

drain, other than an unblockable drain, 

be equipped, at a minimum, with one or 

more of the following: 

• Safety vacuum release system; 

• Suction-limiting vent system; 

• Gravity drainage system; 

• Automatic pump shut-off system; 

• Drain disablement; and/or 

• Any other system determined by 

the Commission to be equally effective 

as, or better than, the enumerated 

systems at preventing or eliminating the 

risk of injury or death associated with 

pool drainage systems. 

For purposes of this preamble, we 

will refer to these systems collectively 

as ‘‘secondary anti-entrapment 

systems.’’ Thus, under the VGB Act, 

each public pool or spa with a single 

main drain, other than an unblockable 

drain, must be equipped with a 

secondary anti-entrapment system. 

Section 1403(7) of the VGB Act defines 

an ‘‘unblockable drain’’ as ‘‘a drain of 

any size and shape that a human body 

cannot sufficiently block to create a 

suction entrapment hazard.’’ 

On April 27, 2010, the Commission 

issued a final interpretive rule in the 

Federal Register (75 FR 21985) 

interpreting ‘‘unblockable drain’’ as 

follows: 

A suction outlet defined as all components, 

including the sump and/or body, cover/grate, 

and hardware such that its perforated (open) 

area cannot be shadowed by the area of the 

18′′ x 23′′ Body Blocking Element of ASME/ 

ANSI A112.19.8–2007 and that the rated flow 

through the remaining open area (beyond the 

shadowed portion) cannot create a suction 

force in excess of the removal force values in 

Table 1 of that Standard. All suction outlet 

covers, manufactured or field-fabricated, 

shall be certified as meeting the applicable 

requirements of the ASME/ANSI A112.19.8 

standard. 

This language is codified in 16 CFR 

1450.2(b). Under this interpretation, 

when a drain cover meeting certain 

specifications was attached to a drain, 

the covered drain constituted an 

‘‘unblockable drain.’’ As an unblockable 

drain, this drain did not require a 

secondary anti-entrapment system. For 

the reasons set forth in Part B, the 

Commission is revoking this 

interpretation. As a result, a blockable 

drain cannot be made ‘‘unblockable’’ by 

use of a cover alone. 

B. Revised Interpretation 

Since the issuance of this interpretive 

rule, we received 156 letters asking us 

to reexamine our interpretation of the 

definition of ‘‘unblockable drain.’’ In 

general, these letters assert that drain 

covers, regardless of their size, can come 

off or break over the course of the life 

of a pool or spa, even when the owners 

and operators have the best intentions. 

They claim that for this reason, backup 

systems are necessary, and a swimming 

pool or spa with a single main drain 

cannot be made ‘‘unblockable’’ by the 

simple installation of a drain cover 

meeting certain requirements. They also 

claim that our interpretation of the 

definition of ‘‘unblockable drain’’ 

undermines the law’s intent of 

incorporating several layers of 

protection into pools and spas. These 

letters have been made part of the 

docket. 

In light of these letters, we have 

reconsidered our interpretation of an 

‘‘unblockable drain,’’ at 16 CFR 

1450.2(b) and believe it was in error. 

Regardless of the size of a drain and its 

cover, the drain cover can come off, 

presenting a risk of entrapment. We 

believe that not requiring an additional 

layer of protection in the form of a 

secondary anti-entrapment system 

thwarts the layers of protection 

intended by the VGB Act. Accordingly, 

the Commission is revoking the 

interpretation of unblockable drain at 16 

CFR 1450.2(b). 

C. Effect of Revocation of 16 CFR 

1450.2(b) 

The revocation of this rule means that 

a drain cover can no longer be used to 

convert a blockable drain into an 

unblockable drain. Pursuant to the VGB 

Act, drains that are blockable require a 

secondary anti-entrapment system. 

Section 1404(c)(1)(A)(ii) of the VGB Act. 

Accordingly, if you have used an 

unblockable drain cover to create an 

unblockable drain, the revocation of the 

interpretative rule means that you must 

equip your public pool or public spa 

with a secondary anti-entrapment 

system as required by the VGB Act. A 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Rules and Regulations 62607 

drain is ‘‘unblockable’’ if the suction 

outlet, including the sump, has a 

perforated (open) area that cannot be 

shadowed by the area of the 18′′ x 23′′ 

Body Blocking Element of ANSI/APSP– 

16 2011 and the rated flow through any 

portion of the remaining open area 

(beyond the shadowed portion) cannot 

create a suction force in excess of the 

removal force values in Table 1 of that 

Standard. The Staff Technical Guidance 

of June 2008 will be updated to clarify 

that placing a removable, unblockable 

drain cover over a blockable drain does 

not constitute an unblockable drain. 

This revocation corrects the previous 

interpretation, which the Commission 

now believes was in error and thwarts 

the intent of the law to require layers of 

protection in cases where a drain cover, 

regardless of its size, can be removed, 

broken, or otherwise expose a blockable 

drain and present an entrapment 

hazard. The Commission has set a 

compliance date of May 28, 2012, to 

allow time for firms that require 

modifications as a result of this 

revocation to bring their pools into 

compliance with the statute as written. 

In addition, the Commission invites 

written comments regarding the ability 

of those who have installed VGBA 

compliant unblockable drain covers as 

described at 16 CFR 1450.2(b) to come 

into compliance with our revocation by 

May 28, 2012. 

List of Subjects in 16 CFR Part 1450 

Consumer protection, Infants and 

children, Law enforcement. 

For the reasons stated above, the 

Commission amends part 1450 of title 

16 of the Code of Federal Regulations as 

set forth below: 

PART 1450—VIRGINIA GRAEME 

BAKER POOL AND SPA SAFETY ACT 

REGULATIONS 

■ 1. The authority citation for part 1450 

continues to read as follows: 

Authority: 15 U.S.C. 2051–2089, 86 Stat. 

1207; 15 U.S.C. 8001–8008, 121 Stat. 1794. 

§ 1450.2 [Removed and Reserved] 

■ 2. Remove and reserve § 1450.2. 

Dated: September 29, 2011. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2011–25601 Filed 10–7–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[TD 9543] 

RIN 1545–BA99 

Timely Mailing Treated as Timely Filing 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final regulations. 

SUMMARY: This document contains 

corrections to final regulations that were 

published in the Federal Register on 

Tuesday, August 23, 2011, the 

regulations provide that the proper use 

of registered or certified mail, or a 

service of a private delivery service 

designated under criteria established by 

the Internal Revenue Service, will 

constitute prima facie evidence of 

delivery. The regulations affect 

taxpayers who mail Federal tax 

documents to the Internal Revenue 

service or the United States Tax Court. 

DATES: This correction is effective on 

October 11, 2011 and applies to any 

payment or document mailed and 

delivered in accordance with the 

requirements of § 301.7502–1 in an 

envelope bearing a postmark dated after 

September 21, 2004. 

FOR FURTHER INFORMATION CONTACT: 

Steven Karon, (202) 622–4570 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 9543) that is 

the subject of this correction is under 

sections 301 and 602 of the Internal 

Revenue Code. 

Need for Correction 

As published on August 23, 2011 (76 

FR 52561), the final regulations (TD 

9543) contains errors that may prove to 

be misleading and is in need of 

clarification. 

Correction of Publication 

Accordingly, the final regulations (TD 

9543), that were the subject of FR Doc. 

2011–21416, are corrected as follows: 

1. On page 52561, column 1, in the 

regulation heading, the CFR Title and 

part Number, line 3, the phrase ‘‘26 CFR 

part 301’’ is corrected to read ‘‘26 CFR 

parts 301 and 602’’. 

2. On page 52561, column 2, in the 

preamble, under the caption ‘‘FOR

FURTHER INFORMATION CONTACT’’, line 1, 

the phrase ‘‘(202) 622- 4570’’ is 

corrected to read ‘‘(202) 622–4570’’. 

3. On page 52562, column 3, in the 

preamble under the caption ‘‘Special 

Analyses’’, lines 6 and 7 from the 

bottom of the second paragraph, the 

phrase ‘‘$2.80 and registered mail can 

be used for as little as $10.60’’ is 

corrected to read ‘‘$2.85 and registered 

mail can be used for as little as $10.75.’’ 

4. On page 52562, column 3, in the 

preamble, the caption ‘‘List of Subjects 

in 26 CFR part 301’’ is corrected to read 

as follows: 

List of Subjects 

26 CFR Part 301 

Employment taxes, Estate taxes, Gift 

taxes, Income taxes, Penalties, Reporting 

and recordkeeping requirements. 

26 CFR Part 602 

Reporting and recordkeeping 

requirements. 

5. On page 52562, column 3, in the 

preamble under the caption ‘‘Adoption 

of Amendments to the Regulations’’, 

line 1, the phrase ‘‘Accordingly, 26 CFR 

part 301 is amended as follows:’’ is 

corrected to read ‘‘Accordingly, 26 CFR 

parts 301 and 602 are amended as 

follows:’’. 

Diane O. Williams, 

Federal Register Liaison, Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel, (Procedure 

and Administration). 

[FR Doc. 2011–26187 Filed 10–7–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Part 1060 

RIN 1506–AB12 

Comprehensive Iran Sanctions, 

Accountability, and Divestment 

Reporting Requirements 

AGENCY: Financial Crimes Enforcement 

Network (‘‘FinCEN’’), Treasury. 

ACTION: Final rule. 

SUMMARY: FinCEN, to comply with the 

congressional mandate to prescribe 

regulations under section 104(e) of the 

Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 

2010 (‘‘CISADA’’) and consistent with 

its statutory mission under 31 U.S.C. 

310, is issuing this final rule. The rule 

requires a U.S. bank that maintains a 

correspondent account for a foreign 

bank to inquire of the foreign bank, and 

report to FinCEN certain information 

with respect to transactions or other 

financial services provided by that 

foreign bank. Under the rule, U.S. banks 

will only be required to report this 


jlentini on DSK4TPTVN1PROD with RULES