This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

6989 

Vol. 74, No. 28 

Thursday, February 12, 2009 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2, 30, 40, 50, 52, 60, 63, 

70, 71, 72, 73, 76, and 150 

RIN 3150–AH57 

[NRC–2005–0001] 

Protection of Safeguards Information; 

Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects a rule 

that appeared in the Federal Register on 

October 24, 2008 (73 FR 63545), that 

amends the regulations for the 

protection of Safeguards Information 

(SGI) to protect SGI from inadvertent 

release and unauthorized disclosure 

which might compromise the security of 

nuclear facilities and materials. This 

action is necessary to correct an 

erroneous authority citation. 

DATES: Effective February 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Michael T. Lesar, Chief, Rulemaking, 

Directives, and Editing Branch, Division 

of Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone (301) 492–3663, e-mail: 

Michael.Lesar@nrc.gov. 

SUPPLEMENTARY INFORMATION: In FR doc. 

E8–24904, published on October 24, 

2008, on page 63571, in the second 

column, under instruction 20, the 

authority citation for 10 CFR part 52 is 

corrected to read as follows: 

Authority: Secs. 103, 104, 161, 182, 183, 

186, 189, 68 Stat. 936, 948, 953, 954, 955, 

956, as amended, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2133, 2201, 2232, 2233, 

2236, 2239, 2282); secs. 201, 202, 206, 88 

Stat. 1242, 1244, 1246, as amended (42 U.S.C. 

5841, 5842, 5846); sec. 1704, 112 Stat. 2750 

(44 U.S.C. 3504 note); Energy Policy Act of 

2005, Pub. L. No. 109–58, 119 Stat. 594 

(2005), secs. 147 and 149 of the Atomic 

Energy Act. 

Dated in Rockville, Maryland, this 6th day 

of February 2009. 

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Chief, Rulemaking, Directives, and Editing 

Branch, Division of Administrative Services, 

Office of Administration. 

[FR Doc. E9–3074 Filed 2–11–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 187 

Update of August 2001 Overflight Fees 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of establishment of an 

Aviation Rulemaking Committee on 

Overflight Fees. 

SUMMARY: On December 17, 2008, the 

Acting Administrator of the Federal 

Aviation Administration (FAA) 

approved the Charter of an Aviation 

Rulemaking Committee (ARC) created 

for the purpose of consulting with the 

FAA regarding the cost of providing air 

traffic control and related services to 

overflights, and providing advice and 

recommendations to the Administrator 

regarding the future level of FAA’s 

Overflight Fees. This Notice includes a 

copy of the Overflight Fees ARC Charter 

and information about how to request to 

participate as a member of the ARC. 

FOR FURTHER INFORMATION CONTACT: For 

more information, please contact Dave 

Lawhead, Office of Financial Controls 

(AFC–300), FAA, Washington, DC 

20591. E-mail: Dave.lawhead@faa.gov, 

or by phone at (202) 267–9759. 

SUPPLEMENTARY INFORMATION: The 

Overflight Fees ARC Charter is printed 

in its entirety immediately following 

this Notice. Please note that, in addition 

to the Chair, and a Vice-Chair, if one is 

designated, the ARC will be limited to 

no more than 15 other members, each of 

whom will serve totally at their own 

expense, with no compensation, per 

diem, or reimbursement of expenses of 

any kind. If more than 15 air carriers, 

trade associations, or other system users 

express an interest in serving on the 

Committee, membership will be 

determined by the FAA. In making 

membership selections, the FAA will 

consider geographic diversity, 

operational differences, and the amount 

of Overflight Fees paid to the FAA by 

the requester in fiscal year 2008. If you 

want to be considered for selection as a 

member of the ARC, you need to notify 

the contact person listed in this Notice 

within 30 days of the date of publication 

of the Notice. 

Issued in Washington, DC, on February 5, 

2009. 

Ramesh K. Punwani, 

Assistant Administrator for Financial 

Services/CFO, Federal Aviation 

Administration. 

Order 

Federal Aviation Administration 

Overflight Fee Aviation Rulemaking 

Committee Charter 

1. Purpose. This order constitutes the 

charter for the Overflight Fee Aviation 

Rulemaking Committee (the 

‘‘Committee’’) that is designated and 

established pursuant to the 

Administrator’s authority under 49 

U.S.C. 106(p)(5). 

2. Distribution. This order is 

distributed at the director level in 

Washington headquarters and 

throughout the Office of the Associate 

Administrator for Financial Services 

and the Air Traffic Organization. 

3. Background. Section 273 of the 

Federal Aviation Reauthorization Act of 

1996, 49 U.S.C. 45301 (the ‘‘1996 Act’’), 

authorized the FAA to impose fees on 

aircraft that traverse U.S.-controlled 

airspace but neither take off nor land in 

the United States. Under the 1996 Act, 

‘‘[s]ervices for which costs may be 

recovered include the costs of air traffic 

control, navigation, weather services, 

training and emergency services which 

are available to facilitate safe 

transportation over the United States, 

and other services provided by the 

Administrator or by programs financed 

by the Administrator to flights that 

neither take off nor land in the United 

States.’’ 49 U.S.C. 45301(b)(1)(B). At the 

time of its enactment, section 273 

provided that the FAA Administrator 

‘‘shall ensure that each of the 

[overflight] fees * * * is directly related 

to the Administration’s costs * * * of 

providing the service rendered.’’ 49 

U.S.C. 45301(b)(1)(B)(1996). In 

November 2001, Section 273 was 

amended to state that the Administrator 

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6990 Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Rules and Regulations 

‘‘shall ensure that each of the fees * * * 

is reasonably related to the 

Administration’s costs, as determined 

by the Administrator, of providing the 

service rendered * * *.’’ Section 119(d) 

of the Aviation and Transportation 

Security Act of 2001, Public Law 107– 

71. 

4. Objective. The Administrator 

deems it appropriate to create the 

Overflight Fees Aviation Rulemaking 

Committee to obtain advice and 

recommendations on the appropriate 

amounts for future Overflight Fees. 

5. Duties. The Committee is to 

evaluate information regarding the 

services rendered to overflights by the 

FAA and the costs of providing those 

services to overflights, and, based on 

that evaluation, to make 

recommendations regarding future 

overflight fee increases. The Committee 

shall provide its recommendations to 

the Administrator by a deadline to be 

determined by the Chair, which may be 

modified by the Administrator. 

6. Organization and Administration. 

a. The Committee shall be led by the 

Chair, who shall be a full-time employee 

of the FAA appointed by the Assistant 

Administrator for Financial Services. 

The Chair may designate a Vice Chair, 

who shall not be employed by the FAA 

and who shall be a representative of 

foreign air carriers or trade associations 

of those carriers, or other system users 

who are subject to Overflight Fees. 

b. In addition to the Chair and Vice 

Chair, the Committee shall be 

comprised of not more than 15 

members, who shall be employees or 

other representatives of the foreign air 

carriers (or trade associations of those 

carriers) or other system users that are 

subject to the FAA’s Overflight Fees. 

The members shall be selected by the 

Associate Administrator for Financial 

Services and, to the extent possible, the 

membership also shall be geographically 

diverse and include representatives that 

conduct primarily enroute overflights 

and primarily oceanic overflights. Each 

member may designate one 

representative and one alternate to serve 

on the Committee. Each member of the 

Committee shall have one vote. 

c. Members may permit their 

employees and consultants (including 

financial, technical and legal 

professionals) to attend any Committee 

meeting and review Committee 

documents. 

d. Additional FAA personnel may 

participate, as directed by the Chair, as 

adjunct non-members of the Committee. 

e. The Assistant Administrator for 

Financial Services is the sponsor of the 

Committee. The Associate 

Administrator for Financial Services 

shall receive all Committee 

recommendations and reports. The 

Associate Administrator shall also be 

responsible for providing administrative 

support for the Committee and shall 

provide a secretariat. The Chair shall be 

responsible for establishment of the 

procedures, consistent with this charter, 

under which the Committee shall 

operate. 

f. Meetings shall be held as frequently 

as needed, as determined solely by the 

Chair. 

g. The Chair shall arrange notification 

to all members of the time, place and 

agenda for any meeting through the 

secretariat and shall ensure that, to the 

extent practicable, any materials to be 

considered at the meeting are 

distributed to Committee members in 

advance. The Committee is not required 

to keep minutes, but the Chair may elect 

to do so. Committee recommendations 

to the Administrator must be approved 

by at least a two-thirds vote of the 

members. The Chair shall have the right 

to submit a separate report or 

recommendation to the Administrator. 

7. Compensation. All non-government 

Committee members shall serve without 

compensation from the U.S. 

government, and shall bear all costs 

related to their participation on the 

Committee. 

8. Public Participation. Unless 

otherwise decided by the Chair, all 

meetings of the Committee shall be 

closed. Interested persons wishing to 

attend a meeting who are not members 

of the Committee (or employees or 

consultants invited by a member) must 

request and receive approval in advance 

of the meeting from the Chair. 

9. Availability of Records. Subject to 

the provisions of the Freedom of 

Information Act, Title 5 U.S.C. 522, 

records, reports, agendas, working 

papers, and other documents that are 

made available to, prepared by, or 

prepared for the Committee shall be 

available for public inspection and 

copying at the FAA Office of 

Rulemaking, 800 Independence Avenue, 

SW., Washington, DC 20591. Fees shall 

be charged for the information furnished 

to the public in accordance with the fee 

schedule published in part 7 of title 49, 

Code of Federal Regulations. 

10. Public Interest. The formation of 

the Committee is determined to be in 

the public interest in connection with 

the performance of duties imposed on 

the FAA by law. 

11. Effective Date and Duration. This 

order is effective immediately. The 

Committee shall remain in existence for 

two years after the effective date of this 

Order unless sooner terminated or 

extended by the Administrator. 

Dated: December 17, 2008. 

Robert A. Sturgell, 

Acting Administrator. 

[FR Doc. E9–2985 Filed 2–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1500 

Children’s Products Containing Lead; 

Exemptions for Certain Electronic 

Devices; Interim Final Rule 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Interim final rule. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC or Commission) is 

issuing an interim final rule concerning 

certain electronic devices for which it is 

not technologically feasible to meet the 

lead limits as required under section 

101 of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA), 

Public Law 110–314, 122 Stat. 3016. By 

notice published elsewhere in today’s 

Federal Register, the Commission is 

withdrawing the proposed rule on 

exemptions for certain electronic 

devices published in the Federal 

Register on January 15, 2009, 74 FR 

2435. 

DATES: This interim final rule is 

effective February 10, 2009. Comments 

must be in writing and should be 

submitted by March 16, 2009. 

ADDRESSES: Comments should be emailed to 

Sec101ElectronicDevices@cpsc.gov. 

Comments should be captioned 

‘‘Section 101 Electronic Devices Interim 

Rule.’’ Comments may also be mailed, 

preferably in five copies, to the Office of 

the Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, Maryland 20814, or 

delivered to the same address 

(telephone (301) 504–7923). Comments 

also may be filed by facsimile to (301) 

504–0127. 

FOR FURTHER INFORMATION CONTACT: 

Kristina Hatlelid, PhD., M.P.H., 

Directorate for Health Sciences, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814; telephone (301) 504– 

7254, e-mail khatlelid@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The CPSIA Lead Content Limits 

The CPSIA provides for specific lead 

limits in children’s products. Section 

101(a) of the CPSIA provides that, by 

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