54462 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations 

determined by USDA to be rustresistant. 

Dates 

We are publishing this rule without a 

prior proposal because we view this 

action as noncontroversial and 

anticipate no adverse public comment. 

This rule will be effective, as published 

in this document, on November 8, 2010, 

unless we receive written adverse 

comments or written notice of intent to 

submit adverse comments on or before 

October 8, 2010. 

Adverse comments are comments that 

suggest the rule should not be adopted 

or that suggest the rule should be 

changed. 

If we receive written adverse 

comments or written notice of intent to 

submit adverse comments, we will 

publish a document in the Federal 

Register withdrawing this rule before 

the effective date. We will then publish 

a proposed rule for public comment. 

As discussed above, if we receive no 

written adverse comments or written 

notice of intent to submit adverse 

comments within 30 days of publication 

of this direct final rule, this direct final 

rule will become effective 60 days 

following its publication. We will 

publish a document in the Federal 

Register, before the effective date of this 

direct final rule, confirming that it is 

effective on the date indicated in this 

document. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule is subject to Executive Order 

12866. However, for this action, the 

Office of Management and Budget has 

waived its review under Executive 

Order 12866. 

This analysis provides the basis, as 

required by the Regulatory Flexibility 

Act, for certification by the APHIS 

Administrator that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This direct final rule will amend 7 

CFR 301.38-2 by adding four varieties to 

the list of rust-resistant Berberis species 

or cultivars. The nursery and 

floriculture industries that may be 

affected by this rule are largely 

composed of small entities. We expect 

these entities to benefit from the rule, by 

being able to market interstate barberry 

species and cultivars that have been 

determined to be rust-resistant. 

The introduction and spread of plant 

pests can result in damage to crops and 

losses to the U.S. agricultural sector. For 

the purpose of this analysis and 

following the Small Business 

Administration (SBA) guidelines, we 

note that a major segment of entities 

potentially affected by this rule are 

classified within the following 

industries: Nursery and Tree Production 

(NAICS 111421), and Floriculture 

Production (NAICS 111422). According 

to the Census of Agriculture, these two 

categories included 52,845 farms in 

2007, and represented 3 percent of all 

farms in the United States. These 

entities are considered small by SBA 

standards if their annual sales are 

$750,000 or less. Over 93 percent of the 

farms in these industries had annual 

sales of less than $500,000. Barberry 

plants are not one of the crops tracked 

by the Census and therefore data on 

production and number of producers are 

not available. Nurseries producing 

barberry plant species and cultivars will 

not be negatively affected. In fact, they 

will benefit from being able to market 

the four varieties interstate. In addition, 

the rule does not require any additional 

reporting, recordkeeping, or other 

compliance measures beyond what is 

already in place. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This rule contains no information 

collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 et 

seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, 7 CFR part 301 is 

amended as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701-7772 and 7781- 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75-15 issued under Sec. 

204, Title II, Public Law 106-113, 113 

Stat. 1501A-293; sections 301.75-15 and 

301.75-16 issued under Sec. 203, Title 

II, Public Law 106-224, 114 Stat. 400 (7 

U.S.C. 1421 note). 

■ 2. In § 301.38-2, paragraph (a)(1) is 

amended by adding, in alphabetical 

order, four rust-resistant Berberis 

species to read as follows. 

§ 301.38-2 Regulated articles. 

(a) * * * 

(1) * * * 

B. thunbergii ‘24kagozam’ (24 Karat 

GoldTM) 

* * * * * 

B. thunbergii ‘Grhozam’ (Green 

HornetTM) 

* * * * * 

B. thunbergii ‘Pyruzam’ (Pygmy 

RubyTM) 

* * * * * 

B. thunbergii ‘Velglozam’ (Velvet 

GlowTM) 

* * * * * 

Done in Washington, DC, this 1st day 

of September 2010. 

Gregory Parham 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–22363 Filed 9–7–10; 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0499; Directorate 

Identifier 2010–NE–06–AD; Amendment 39– 

16428; AD 2010–18–14] 

RIN 2120–AA64 

Airworthiness Directives; BombardierRotax GmbH 912 F Series and 912 S 

Series Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

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Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations 54463 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Due to high fuel pressure, caused by 

exceeding pressure in front of the mechanical 

fuel pump (e.g. due to an electrical fuel 

pump), in limited cases a deviation in the 

fuel supply could occur. This can result in 

exceeding of the fuel pressure and might 

cause engine malfunction and/or massive 

fuel leakage. 

We are issuing this AD to prevent the 

pump from exceeding the fuel pressure, 

which could result in engine 

malfunction or a massive fuel leak. 

These conditions could cause loss of 

control of the airplane or a fire. 

DATES: This AD becomes effective 

October 13, 2010. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Alan Strom, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on May 17, 2010 (75 FR 27487). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Due to high fuel pressure, caused by 

exceeding pressure in front of the mechanical 

fuel pump (e.g. due to an electrical fuel 

pump), in limited cases a deviation in the 

fuel supply could occur. This can result in 

exceeding of the fuel pressure and might 

cause engine malfunction and/or massive 

fuel leakage. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect about 

50 products of U.S. registry. We also 

estimate that it will take about 0.5 workhour per product to comply with this 

AD. The average labor rate is $85 per 

work-hour. Required parts will cost 

about $650 per product. Based on these 

figures, we estimate the cost of the AD 

on U.S. operators to be $34,625. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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. 

For the reasons discussed above, I 

certify this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 street address for 

the Docket Operations office (phone 

(800) 647–5527) is provided in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2010–18–14 Bombardier-Rotax GmbH 

(Formerly Motorenfabrik): Amendment 

39–16428. Docket No. FAA–2010–0499; 

Directorate Identifier 2010–NE–06–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 13, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier-Rotax 

912 F series and 912 S series reciprocating 

engines with fuel pumps, part numbers 

(P/Ns) 892230, 892232, 892540 (standard 

version) or P/Ns 892235, 892236, 892545 

(version including flexible fuel line), 

installed. These engines are installed on, but 

not limited to, Diamond (formerly HOAC) 

HK–36R Super Dimona, Aeromot AMT–200S 

Super Ximango; Diamond DA20–A1 Katana; 

Scheibe SF 25C; Iniziative Industriali Italiane 

S.p.A. Sky Arrow 650 TC, and 650 TCN 

airplanes. 

Reason 

(d) This AD results from mandatory 

continuing airworthiness information (MCAI) 

issued by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as: 

Due to high fuel pressure, caused by 

exceeding pressure in front of the mechanical 

fuel pump (e.g. due to an electrical fuel 

pump), in limited cases a deviation in the 

fuel supply could occur. This can result in 

exceeding of the fuel pressure and might 

cause engine malfunction and/or massive 

fuel leakage. 

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54464 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations 

We are issuing this AD to prevent the pump 

from exceeding the fuel pressure, which 

could result in engine malfunction or a 

massive fuel leak. These conditions could 

cause loss of control of the airplane or a fire. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) At the next maintenance, or within the 

next 25 hours of engine operation, whichever 

occurs first, after the effective date of this 

AD, remove affected fuel pumps, P/Ns 

892230, 892232, 892235, 892236, 892540, or 

892545. 

(2) After the effective date of this AD, do 

not install fuel pump, P/Ns 892230, 892232, 

892235, 892236, 892540, or 892545, on any 

engine. 

FAA AD Differences 

(f) This AD differs from the MCAI and/or 

service information as follows: The MCAI 

requires replacing an affected fuel pump with 

fuel pump, P/N 892542 or 892546. This AD 

requires replacement of an affected fuel 

pump with a fuel pump eligible for 

installation on the airplane. 

Other FAA AD Provisions 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(h) Refer to MCAI AD 2007–0060R1–E, 

dated April 20, 2007, and Rotax Aircraft 

Engines Service Bulletin SB–912–053, dated 

April 13, 2007, for related information. 

Contact BRP–Rotax GmbH & Co. KG, Welser 

Strasse 32, A–4623 Gunskirchen, Austria, or 

go to: http://www.rotax-aircraftengines.com/, for a copy of this service 

information. 

(i) Contact Alan Strom, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199, for more 

information about this AD. 

Material Incorporated by Reference 

(j) None. 

Issued in Burlington, Massachusetts, on 

August 27, 2010. 

Thomas A. Boudreau, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–22147 Filed 9–7–10; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–62821] 

Delegation of Authority to the Director 

of Its Division of Enforcement 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is amending 

its rules to delegate authority to the 

Director of the Division of Enforcement, 

in connection with the collection of 

delinquent debts arising from actions to 

enforce the federal securities laws, to 

terminate collection activity or 

discharge debts, to accept or reject offers 

to compromise debts, and to accept or 

reject offers to enter into payment plans. 

This action is intended to facilitate the 

Commission’s debt resolution process. 

DATES: Effective Date: September 8, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth H. Hall, 202–551–4936, Office 

of Chief Counsel, Division of 

Enforcement, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–6553. 

SUPPLEMENTARY INFORMATION: The 

Division of Enforcement seeks actively 

to collect amounts imposed in the civil 

actions that it files in federal district 

court and in administrative proceedings; 

these amounts represent disgorgement 

of ill-gotten gains from violations of the 

Federal securities laws and civil 

penalties. The Division pursues debts 

through further litigation, including 

contempt proceedings, against the 

debtor, and is authorized to refer 

delinquent debts to the U.S. Department 

of the Treasury for administrative 

collection activity, including offset of 

debts against amounts otherwise owed 

by the government to the debtor and 

administrative garnishment of a debtor’s 

wages. 

Based upon a debtor’s financial 

condition, as substantiated by creditable 

evidence, the Commission may 

determine to accept a debtor’s offer to 

pay the debt in installments, or to 

compromise, i.e., satisfy the debt by 

payment of a lesser amount than the 

outstanding balance. In addition, when 

all reasonable steps have been taken to 

collect a debt, the Commission may 

authorize its staff to terminate collection 

activity or discharge the debt. 

Termination of collection activity 

preserves the debt as an obligation of 

the debtor, and does not bar future 

activity to collect the debt should that 

become practicable. Discharge of the 

debt is essentially a forgiveness of the 

debtor’s obligation to pay, which may 

have tax consequences for the debtor. 

The Commission is delegating to the 

Director of the Division of Enforcement 

the authority to resolve certain debts 

arising from actions to enforce the 

federal securities laws; in particular, the 

Director is authorized to terminate 

collection activity or discharge debts, to 

accept offers to compromise debts 

(when the principal amount of the debt 

is $5 million or less) or to reject any 

offers to compromise debts, and to 

accept or reject offers to enter into 

payment plans. This delegation will 

improve the efficiency of the Division’s 

debt collection program. 

In any case the Division Director 

deems appropriate, the recommendation 

that a debt be resolved through 

termination of collection activity, 

discharge or by payment plan or 

compromise, may be submitted to the 

Commission for review. 

Administrative Law Matters: 

The Commission finds, in accordance 

with section 553(b)(3)(A) of the 

Administrative Procedure Act (‘‘APA’’) 

(5 U.S.C. 553(b)(3)(A)) that this 

amendment relates solely to agency 

organization, procedure, or practice, and 

does not relate to a substantive rule. 

Accordingly, notice, opportunity for 

public comment, and publication of the 

amendment prior to its effective date are 

unnecessary. For the same reason, and 

because this amendment does not 

substantively affect the rights or 

obligations of non-agency parties, the 

provisions of the Small Business 

Regulatory Enforcement Fairness Act, 

5 U.S.C. 804(3)(C), are not applicable. 

Additionally, the provisions of the 

Regulatory Flexibility Act, which apply 

only when notice and comment are 

required by the APA or other law, 

5 U.S.C. 603, are not applicable. Section 

23(a)(2) of the Securities Exchange Act 

of 1934, 15 U.S.C. 78w(a)(2), requires 

the Commission, in adopting rules 

under that Act, to consider the 

anticompetitive effects of any rules it 

adopts. The Commission does not 

believe that the amendment the 

Commission is adopting today will have 

any impact on competition. Finally, this 

amendment does not contain any 

collection of information requirements 

as defined by the Paperwork Reduction 

Act of 1980, as amended. 

List of Subjects in 17 CFR Part 200 

Administrative practice and 

procedure, Authority delegations 

(Government agencies). 

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