Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations 43 

20869), became effective August 27, 

2009. Subsequent to the effective date of 

the rule, the FAA found that the True 

bearing in the Class D description for 

Stanly County Airport was stated 

incorrectly. This action corrects that 

error. 

Correction 

Accordingly, pursuant to the 

authority delegated to me, the reference 

to FAA Order 7400.9 for FR Doc. E9– 

10397, FAA Airspace Docket No. 09– 

ASO–12, as published in the Federal 

Register May 6, 2009 (74 FR 20869), is 

corrected as follows: 

On page 20870, column two, line 38, 

amend the language to read 

71.1 [Amended] 

* * * * * 

‘‘* * * 037° bearing from Stanly County 

Airport to 7.8 miles northeast.’’ 

Confirmation of Effective Date 

The FAA published this direct final 

rule with a request for comments 

modifying Class D and E airspace, 

Albemarle, NC in the Federal Register 

on May 6, 2009 (74 FR 20869), Docket 

No. FAA–2009–0203; Airspace Docket 

No. 09–ASO–12. The FAA uses the 

direct final rulemaking procedure for a 

non-controversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

August 27, 2009. No adverse comments 

were received, and thus this notice 

confirms that effective date. 

* * * * * 

Issued in College Park, Georgia, on 

December 9, 2009. 

Barry A. Knight, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–30286 Filed 12–31–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0651; Airspace 

Docket No. 09–AEA–15] 

Modification of Class E Airspace; 

Beckley, WV 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of a direct final rule 

published in the Federal Register that 

modifies Class E airspace at Raleigh 

County Memorial Airport, Beckley, WV. 

This rule increases the safety and 

management of the aircraft operations at 

Raleigh County Memorial Airport. 

DATES: Effective 0901 UTC, December 

17, 2009. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; Telephone (404) 

305–5610, Fax 404–305–5572. 

SUPPLEMENTARY INFORMATION: 

Confirmation of Effective Date 

The FAA published a direct final rule 

with request for comments modifying 

Class E Airspace at Raleigh County 

Memorial Airport, Beckley, WV, in the 

Federal Register on October 19, 2009 

(74 FR 53408), Docket No. FAA–2009– 

0651; Airspace Docket No. 09–AEA–15). 

The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

December 17, 2009. No adverse 

comments were received, and thus this 

notice confirms that effective date. 

* * * * * 

Issued in College Park, Georgia, on 

December 15, 2009. 

Barry A. Knight, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–30800 Filed 12–31–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0652; Airspace 

Docket 09–ASO–21] 

Modification of Class E Airspace; 

Sarasota, FL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of a direct final rule 

published in the Federal Register that 

modifies the Class E airspace at 

Sarasota/Bradenton International 

Airport, Sarasota, FL. This rule 

increases the safety and management of 

the aircraft operations at Sarasota/ 

Bradenton International Airport. 

DATES: Effective Date: 0901 UTC, 

December 17, 2009. The Director of the 

Federal Register approves this 

incorporation by reference action under 

title 1, Code of Federal Regulations, part 

51, subject to the annual revision of 

FAA Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–5610. 

SUPPLEMENTARY INFORMATION: 

Confirmation of Effective Date 

The FAA published a direct final rule 

with request for comments modifying 

Class E Airspace at Sarasota/Bradenton 

International Airport, Sarasota, FL, in 

the Federal Register on September 14, 

2009 (74 FR 46898), Docket No. FAA– 

2009–0652; Airspace Docket 09–ASO– 

21. The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

mstockstill on DSKH9S0YB1PROD with RULES

44 Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Rules and Regulations 

within the comment period, the 

regulation would become effective on 

December 17, 2009. No adverse 

comments were received, and thus this 

notice confirms that effective date. 

* * * * * 

Issued in College Park, Georgia, on 

December 17, 2009. 

Barry A. Knight, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. E9–30855 Filed 12–31–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of the Census 

15 CFR Part 90 

[Docket Number 0908171239–91412–02] 

RIN 0607–AA49 

Temporary Suspension of the 

Population Estimates and Income 

Estimates Challenge Programs 

AGENCY: Bureau of the Census, 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of the Census 

(Census Bureau) publishes this final 

rule to announce to state and local 

governments and to federal agencies 

that, beginning on February 3, 2010, the 

Census Bureau will temporarily 

suspend the Population Estimates 

Challenge Program during both the 

decennial census year and the following 

year, and will indefinitely suspend the 

Per Capita Income Estimates Challenge 

Program (also known as Procedure for 

Challenging Certain Population and 

Income Estimates) to accommodate the 

taking of the 2010 Census. During this 

time, the Census Bureau will not 

provide the operations necessary to 

review the July 1, 2009, population or 

per capita income estimates for state, 

and other general-purpose governments, 

such as cities, towns, and villages. The 

Population Estimates Challenge Program 

will resume in 2012 as the program 

begins operations based upon the results 

of the 2010 Census. The Per Capita 

Income Estimates Challenge Program 

will be suspended until a rulemaking is 

initiated to remove those regulations 

from the Code of Federal Regulations. 

This rule also summarizes the 

comments received on the October 7, 

2009 proposed rule requesting 

comments on the proposed temporary 

suspension of the Population Estimates 

and Income Estimates Challenge 

Programs. 

DATES: This rule is effective on February 

3, 2010. 

ADDRESSES: Correspondence concerning 

this final rule may be submitted to Dr. 

Enrique Lamas, Chief of the Population 

Division, through any of the following 

methods: 

• Fax: Correspondence may be faxed 

to: (301) 763–2516. 

• E–Mail: Correspondence may be emailed to: Enrique.Lamas@census.gov. 

• Mail: Correspondence may be 

mailed to: Dr. Enrique Lamas, Chief, 

Population Division, U.S. Census 

Bureau, H.Q. 5H174, 4600 Silver Hill 

Road, Washington, DC 20233. 

Electronic availability: This final rule 

is available on the Internet from the 

Census Bureau’s Web site at http://

www.census.gov/popest/archives/

challenges.html. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rodger Johnson, Chief, Local 

Government Estimates and Migration 

Processing Branch, Population Division, 

Bureau of the Census, Washington, DC 

20233, telephone (301) 763–2461, e-mail 

at rodger.v.johnson@census.gov. 

SUPPLEMENTARY INFORMATION: The 

Census Bureau first adopted procedures 

for initiating informal challenges to 

certain population or per capita income 

estimates prepared by the Census 

Bureau in 1979 by amending Title 15 of 

the Code of Federal Regulations (CFR) to 

provide for a new Part 90 (44 FR 20646). 

These regulations were needed to 

standardize and codify procedures, and 

to extend to the state or local 

government the right to a hearing prior 

to a final determination of the 

challenged estimate by the Director of 

the Census Bureau. Legal authority for 

the challenge procedures remains 13 

U.S.C. 4, which provides in pertinent 

part, that the Secretary may issue rules 

and regulations, as he deems necessary 

to carry out his functions and duties 

under Title 13. 

The Census Bureau prepares estimates 

of total population and per capita 

income for states and units of local 

government for the period between 

decennial censuses. States, counties, 

and other units of general-purpose 

government may initiate informal 

challenges to population and per capita 

income estimates under the procedures 

set forth in 15 CFR Part 90. Under the 

regulations, a challenge is defined as 

‘‘the process of objecting to or calling 

into question the Census Bureau’s 

population or per capita income 

estimates of a state or unit of local 

government by that state or unit of local 

government.’’ Government entities are 

given 180 days after the release of the 

population or per capita income 

estimates to initiate an informal 

challenge. If the challenge cannot be 

resolved informally, the government 

submitting the challenge can choose to 

file a formal challenge (15 CFR 90.9), 

which is resolved in a hearing that is 

held at the Census Bureau Headquarters, 

and presided over by a hearing officer 

that is appointed by the Census Bureau 

Director. 

Summary of Comments and Responses 

On October 7, 2009, the Census 

Bureau published a proposed rule in the 

Federal Register (74 FR 51526) 

requesting comments on the proposed 

temporary suspension of the Population 

Estimates and Income Estimates 

Challenge Programs. Five sets of 

comments were received during the 

comment period. A summary of the 

public comments and the response of 

the Census Bureau are provided below: 

Commenter 1. The commenter 

suggested that the Census Bureau 

produce accurate estimates initially and 

not allow any challenges to the 

population estimates. The commenter 

also suggested that the challenge 

program is an expensive and 

unnecessary program. 

Response 1. The Census Bureau did 

not accept this suggestion. The 

challenge program is an essential and 

historical part of the estimates program, 

and it enables eligible general-purpose 

governmental units to comment upon 

population estimates of concern, and to 

provide alternative or supplemental 

data to the Census Bureau to evaluate 

for use in revising the original estimate. 

The Census Bureau will continue to 

work with state, county, and local 

governments to efficiently administer a 

program that focuses on improving the 

accuracy of the estimates. 

Commenter 2. The commenter wrote 

in support of the temporary suspension, 

deeming that it would be both confusing 

and pointless for the Census Bureau to 

administer a challenge process where 

the challenge decisions and responses 

would overlap with the first release of 

Census 2010 population counts to the 

President and Congress. 

Response 2. The Census Bureau 

acknowledges the comment and 

concurs. 

Commenter 3. The commenter had a 

number of questions or comments 

regarding the notice. The commenter 

wanted to know if it was a normal 

practice to suspend the population 

estimates challenge during decennial 

years, if the suspension covered the 

informal and formal phases of the 

process, if it was a cost-effective use of 

resources, and if there might be 

localities concerned about suspension of 

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