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

39629 

Vol. 75, No. 132 

Monday, July 12, 2010 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1703 

FOIA Fee Schedule Update 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Establishment of FOIA Fee 

Schedule. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board is publishing its 

Freedom of Information Act (FOIA) Fee 

Schedule Update pursuant to 10 CFR 

1703.107(b)(6) of the Board’s 

regulations. 

DATES: Effective Date: June 15, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Brian Grosner, General Manager, 

Defense Nuclear Facilities Safety Board, 

625 Indiana Avenue, NW., Suite 700, 

Washington, DC 20004–2901, (202) 694– 

7060. 

SUPPLEMENTARY INFORMATION: The FOIA 

requires each Federal agency covered by 

the Act to specify a schedule of fees 

applicable to processing of requests for 

agency records. 5 U.S.C. 552(a)(4)(i). On 

May 14, 2010 the Board published for 

comment in the Federal Register its 

Proposed FOIA Fee Schedule, 75 FR 

27228. No comments were received in 

response to that notice, and the Board 

is now establishing the Fee Schedule. 

Pursuant to 10 CFR 1703.107(b)(6) of 

the Board’s regulations, the Board’s 

General Manager will update the FOIA 

Fee Schedule once every 12 months. 

The previous Fee Schedule Update was 

published in the Federal Register and 

went into effect on May 1, 2009, 74 FR 

20934. 

Board Action 

Accordingly, the Board issues the 

following schedule of updated fees for 

services performed in response to FOIA 

requests: 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD SCHEDULE OF FEES FOR FOIA SERVICES

[Implementing 10 CFR 1703.107(b)(6)] 

Search or Review Charge .................................. $77.00 per hour. 

Copy Charge (paper) .......................................... $.12 per page, if done in-house, or generally available commercial rate (approximately $.10 

per page). 

Electronic Media ................................................. $5.00. 

Copy Charge (audio cassette) ............................ $3.00 per cassette. 

Duplication of DVD ............................................. $25.00 for each individual DVD; $16.50 for each additional individual DVD. 

Copy Charge for large documents (e.g., maps, 

diagrams).

Actual commercial rates. 

Dated: July 2, 2010. 

Brian Grosner, 

General Manager. 

[FR Doc. 2010–16919 Filed 7–9–10; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No.: FAA–2009–1059; SFAR 106] 

RIN 2120–AJ77 

Use of One Additional Portable Oxygen 

Concentrator Device on Board Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Special 

Federal Aviation Regulation 106 (SFAR 

106), Rules for Use of Portable Oxygen 

Concentrator Systems on Board Aircraft, 

to allow for the use of one additional 

portable oxygen concentrator (POC) 

device on board aircraft, provided 

certain conditions in the SFAR are met. 

This action is necessary to allow all 

POC devices deemed acceptable by the 

FAA for use in air commerce to be 

available to the traveling public in need 

of oxygen therapy. When this rule 

becomes effective, there will be 12 

different POC devices the FAA finds 

acceptable for use on board aircraft. 

Passengers will be able to carry these 

devices on board the aircraft and use 

them with the approval of the aircraft 

operator. 

DATES: This amendment becomes 

effective July 12, 2010. 

FOR FURTHER INFORMATION CONTACT: DK 

Deaderick, Air Transportation Division, 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591. Telephone: 

202–267–8166. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code (49 

U.S.C.). 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. 

The FAA is authorized to issue this 

final rule pursuant to 49 U.S.C. 44701. 

Under that section, the FAA is 

authorized to establish regulations and 

minimum standards for other practices, 

methods, and procedures the 

Administrator finds necessary for air 

commerce and national security. 

Background 

On July 12, 2005, the FAA published 

Special Federal Aviation Regulation 106 

(SFAR 106) entitled, ‘‘Use of Certain 

Portable Oxygen Concentrator Devices 

Onboard Aircraft’’ (70 FR 40156). SFAR 

106 is the result of a notice the FAA 

published in July 2004 (69 FR 42324) to 

address the needs of passengers who 


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39630 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Rules and Regulations 

must travel with medical oxygen. Before 

publication of SFAR 106, passengers in 

need of medical oxygen during air 

transportation faced many obstacles 

when requesting service. Many aircraft 

operators did not provide medical 

oxygen service aboard flights, and those 

that did often provided service at a price 

that travelers could not afford. 

Coordinating service between operators 

and suppliers at airports was also 

difficult, and passengers frequently 

chose not to fly because of these 

difficulties. 

New medical oxygen technologies 

approved by the Food and Drug 

Administration (FDA) reduce the risks 

typically associated with compressed 

oxygen and provide a safe alternative for 

passengers who need oxygen therapy. 

Several manufacturers have developed 

small portable oxygen concentrators 

(POC) that work by separating oxygen 

from nitrogen and other gases contained 

in ambient air and dispensing it in 

concentrated form to the user with an 

oxygen concentration of about 90%. The 

POCs operate using either rechargeable 

batteries or, if the aircraft operator 

obtains approval from the FAA, aircraft 

electrical power. 

In addition, the Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA) has 

determined that the POC covered by this 

amendment is not a hazardous material. 

Thus, it does not require the same level 

of special handling as compressed 

oxygen, and is safe for use on board 

aircraft, provided certain conditions for 

its use are met. 

SFAR 106 permits passengers to carry 

on and use certain POCs on board 

aircraft if the aircraft operator ensures 

that the conditions specified in the 

SFAR for their use are met. The devices 

initially determined acceptable for use 

in SFAR 106, published July 12, 2005, 

were the AirSep Corporation’s LifeStyle 

and the Inogen, Inc.’s Inogen One POCs. 

SFAR 106 was amended on September 

12, 2006, (71 FR 53954) to add three 

additional POC devices, AirSep 

Corporation’s FreeStyle, SeQual 

Technologies’ Eclipse, and Respironics 

Inc.’s EverGo, to the original SFAR. 

SFAR 106 was amended on January 15, 

2009, (74 FR 2351) in a similar manner 

to add two more POC devices, Delphi 

Medical Systems’ RS–00400 and 

Invacare Corporation’s XPO2, to the 

original SFAR. The FAA again amended 

SFAR 106 on January 6, 2010 (75 FR 

739) to add four more POC devices, 

DeVilbiss Healthcare Inc.’s iGo, 

International Biophysics Corporation’s 

LifeChoice, Inogen Inc.’s Inogen One G2, 

and Oxlife LLC.’s Oxlife Independence 

Oxygen Concentrator, that may be 

carried on and used by a passenger on 

board an aircraft. This final rule adds 

one more POC device, Invacare SOLO2, 

that may be carried on and used by a 

passenger on board an aircraft. 

Aircraft operators can now offer 

medical oxygen service as they did 

before SFAR 106 was enacted, or they 

can meet certain conditions and allow 

passengers to carry on and use one of 

the POC devices covered in SFAR 106. 

SFAR 106 is an enabling rule, which 

means that no aircraft operator is 

required to allow passengers to operate 

these POC devices on board its aircraft, 

but it may allow them to be operated on 

board. If one of these devices is allowed 

by the aircraft operator to be carried on 

board, the conditions in the SFAR must 

be met. 

When SFAR 106 was published, the 

FAA committed to establishing a single 

standard for all POCs so the regulations 

wouldn’t apply to specific 

manufacturers and models of device. 

Whenever possible, the FAA tries to 

regulate by creating performance-based 

standards rather than approving by 

manufacturer. In the case of SFAR 106, 

the most efficient way to serve both the 

passenger and the aircraft operator was 

to allow the use of the devices 

determined to be acceptable by the FAA 

in SFAR 106 in a special, temporary 

regulation. As the FAA stated in the 

preamble discussion of the final rule 

that established SFAR 106, ‘‘while we 

are committed to developing a 

performance-based standard for all 

future POC devices, we do not want to 

prematurely develop standards that 

have the effect of stifling new 

technology of which we are unaware.’’ 

The FAA developed and published 

SFAR 106 so passengers who otherwise 

could not fly could do so with an 

affordable alternative to what existed 

before SFAR 106 was published. 

The FAA continues to pursue the 

performance-based standard for all 

POCs. This process is time-consuming, 

and the FAA intends to publish a notice 

in the Federal Register and offer the 

public a chance to comment on the 

proposal when it is complete. In the 

meantime, manufacturers continue to 

create new and better POCs, and one has 

requested that its product also be 

included as an acceptable device in 

SFAR 106. This manufacturer is 

Invacare Corporation, which has 

formally petitioned the FAA for 

inclusion in SFAR 106 by submitting 

documentation of the device to the 

Department of Transportation’s Docket 

Management System. That 

documentation is available at http:// 

www.regulations.gov under docket 

number: FAA–2009–1059. 

As stated in Section 2 of SFAR 106, 

no covered device may contain 

hazardous materials as determined by 

PHMSA (written documentation 

necessary), and each device must also 

be regulated by the FDA. Invacare 

Corporation included technical 

specifications for the devices in its 

request for approval and the required 

documentation from PHMSA and the 

FDA. Invacare Corporation provided the 

FAA with the required documentation 

for the Invacare SOLO2 device. 

The Rule 

This amendment to SFAR 106 will 

include the Invacare SOLO2 device in 

the list of POC devices authorized for 

use in air commerce. The FAA has 

reviewed the device and accepted the 

documentation provided by the 

manufacturer. That documentation 

includes letters provided to the 

manufacturer by PHMSA and the FDA 

affirming the status of the device as it 

applies to the requirements stated in 

SFAR 106. After reviewing the 

applicable FDA safety standards and the 

PHMSA findings, the device was 

determined by the FAA to be acceptable 

for use in air commerce. 

Additionally, the FAA inadvertently 

included an incorrect model number 

reference for one POC device in SFAR 

106 that was added on January 15, 2009 

(74 FR 2351). Therefore, the FAA is 

changing the reference from ‘‘Invacare 

XPO100’’ to ‘‘Invacare XP02.’’ 

Good Cause for Adoption of This Final 

Rule Without Notice and Comment 

SFAR 106 was published on July 12, 

2005. The FAA stated in the preamble 

of that final rule that the AirSep 

LifeStyle and Inogen One POC devices 

were the only known acceptable devices 

when the rule was published. The FAA 

also stated in that final rule that ‘‘we 

cannot predict how future products may 

be developed and work.’’ The FAA 

initiated a notice and comment period 

for the use of POC devices on board 

aircraft on July 14, 2004, (69 FR 42324) 

and responded to the comments 

received in response to that NPRM in 

the final rule published in 2005. 

Therefore, it is unnecessary to publish 

a notice to request comments on this 

amendment because all issues related to 

the use of POC devices on board an 

aircraft have already been discussed. 

Further notice and comment would also 

delay the acceptance of the Invacare 

SOLO2 POC device as authorized for use 

on board aircraft, which would delay its 

availability for passengers in need of 

oxygen therapy. 

Therefore, I find that notice and 

public comment under 5 U.S.C. 553(b) 


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Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Rules and Regulations 39631 

is unnecessary and contrary to the 

public interest. Further, I find that good 

cause exists for making this rule 

effective immediately upon publication. 

Paperwork Reduction Act 

Information collection requirements 

associated with this final rule have been 

approved previously by the Office of 

Management and Budget (OMB) under 

the provisions of the Paperwork 

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

3507(d)) and have been assigned OMB 

Control Number 2120–0702. This final 

rule requires that if a passenger carries 

a POC device on board the aircraft with 

the intent to use it during the flight, he 

or she must inform the pilot in 

command of that flight. Additionally, 

the passenger who plans to use the 

device must provide a written statement 

signed by a licensed physician that 

verifies the passenger’s ability to operate 

the device, respond to any alarms, the 

extent to which the passenger must use 

the POC (all or a portion of the flight), 

and prescribes the maximum oxygen 

flow rate. The Paperwork Reduction Act 

paragraph in the final rule that 

established SFAR 106 still applies to 

this amendment. The availability of a 

new POC device will likely increase the 

availability and options for a passenger 

in need of oxygen therapy, but the 

paperwork burden discussed in the 

original final rule is unchanged. 

Therefore, the OMB Control Number 

associated with this collection remains 

2120–0702. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. 

International Compatibility 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these regulations. 

Regulatory Evaluation, Regulatory 

Flexibility Determination, International 

Trade Impact Assessment, and 

Unfunded Mandates Assessment 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Pub. L. 96–39) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. In 

developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this final rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows: 

This action amends SFAR 106 to 

allow for the use of the Invacare SOLO2

POC device on board aircraft, provided 

certain conditions in the SFAR are met. 

This action is necessary to allow an 

additional POC device deemed 

acceptable by the FAA to be available to 

the traveling public in need of oxygen 

therapy, for use in air commerce. When 

this rule becomes effective, there will be 

a total of 12 different POC devices the 

FAA finds acceptable for use on board 

aircraft, and passengers will be able to 

carry these devices on board the aircraft 

and use them with the approval of the 

aircraft operator. As the rule increases 

acceptable POC devices on board 

aircraft, the rule does not increase costs 

and provides additional benefits. The 

FAA has, therefore, determined that this 

final rule is not a ‘‘significant regulatory 

action’’ as defined in section 3(f) of 

Executive Order 12866, and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

This final rule adds Invacare SOLO2

device to the list of authorized POC 

devices in SFAR 106. This economic 

impact is minimal. Therefore, as the 

FAA Administrator, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$143.1 million in lieu of $100 million. 

This final rule does not contain such 

a mandate; therefore, the requirements 

of Title II of the Act do not apply. 

Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

FAA determined that this action will 


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39632 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Rules and Regulations 

not have a substantial direct effect on 

the States, or the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

FAA has determined that this final rule 

does not have federalism implications. 

Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f and involves no 

extraordinary circumstances. 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

FAA has determined that it is not a 

‘‘significant energy action’’ under the 

executive order because it is not a 

‘‘significant regulatory action’’ and it is 

not likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 

(1) Searching the Federal 

eRulemaking Portal at http:// 

www.regulations.gov; 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the amendment number or 

docket number of this rulemaking. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

Therefore, any small entity that has a 

question regarding this document may 

contact its local FAA official, or the 

person listed under FOR FURTHER

INFORMATION CONTACT. You can find out 

more about SBREFA on the Internet at 

http://www.faa.gov/ 

regulations_policies/rulemaking/ 

sbre_act/. 

List of Subjects in 14 CFR Part 121 

Air carriers, Aircraft, Airmen, 

Reporting and recordkeeping 

requirements. 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends SFAR No. 106 to Chapter II of 

Title 14, Code of Federal Regulations, as 

follows: 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 1153, 40101, 

40102, 40103, 40113, 41721, 44105, 44106, 

44111, 44701–44717, 44722, 44901, 44903, 

44904, 44906, 44912, 44914, 44936, 44938, 

46103, 46105. 

■ 2. Amend SFAR 106 by revising 

sections 2 and 3(a) introductory text to 

read as follows: 

Special Federal Aviation Regulation 106— 

Rules for use of Portable Oxygen 

Concentrator Systems on Board Aircraft 

* * * * * 

Section 2. Definitions—For the purposes of 

this SFAR the following definitions apply: 

Portable Oxygen Concentrator: means the 

AirSep FreeStyle, AirSep LifeStyle, Delphi 

RS–00400, DeVilbiss Healthcare iGo, Inogen 

One, Inogen One G2, International 

Biophysics LifeChoice, Invacare XPO2, 

Invacare Solo2, Oxlife Independence Oxygen 

Concentrator, Respironics EverGo, and 

SeQual Eclipse Portable Oxygen Concentrator 

medical device units as long as those medical 

device units: (1) Do not contain hazardous 

materials as determined by the Pipeline and 

Hazardous Materials Safety Administration; 

(2) are also regulated by the Food and Drug 

Administration; and (3) assist a user of 

medical oxygen under a doctor’s care. These 

units perform by separating oxygen from 

nitrogen and other gases contained in 

ambient air and dispensing it in concentrated 

form to the user. 

Section 3. Operating Requirements— 

(a) No person may use and no aircraft 

operator may allow the use of any portable 

oxygen concentrator device, except the 

AirSep FreeStyle, AirSep LifeStyle, Delphi 

RS–00400, DeVilbiss Healthcare iGo, Inogen 

One, Inogen One G2, International 

Biophysics LifeChoice, Invacare XPO2, 

Invacare Solo2, Oxlife Independence Oxygen 

Concentrator, Respironics EverGo, and 

SeQual Eclipse Portable Oxygen Concentrator 

units. These units may be carried on and 

used by a passenger on board an aircraft 

provided the aircraft operator ensures that 

the following conditions are satisfied: 

* * * * * 

Issued in Washington, DC, on July 1, 2010. 

J. Randolph Babbitt, 

Administrator. 

[FR Doc. 2010–16925 Filed 7–9–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0139] 

RIN 1625–AA11 

Regulated Navigation Area; Gulf 

Intracoastal Waterway, Inner Harbor 

Navigation Canal, Harvey Canal, 

Algiers Canal, New Orleans, LA; 

Correction 

ACTION: Interim rule; Correction. 

SUMMARY: In the Federal Register 

published on June 8, 2010, the Coast 

Guard placed the Interim Rule for the 

Regulated Navigation Area; Gulf 

Intracoastal Waterway, Inner Harbor 

Navigation Canal, Harvey Canal, Algiers 

Canal, New Orleans, LA into the Code 

of Federal Regulations. That publication 

contained an error in the DATES section, 

stating an incorrect May 21, 2010 

effective date. This error does not 

impact the Interim Rule’s correct May 

24, 2010 effective date because the rule 

is to be enforced only 24 hours in 

advance of, and during the duration of 

specified predicted weather conditions. 

In fact, the conditions to enforce this 

rule between the published effective 

date and the correct effective date did 

not occur. But, this error may cause 

confusion among members of the 

public. 

DATES: This correction is effective July 

12, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

information about this correction, 

contact Kevin d’Eustachio, Office of 

Regulations and Administrative Law, 

telephone (202) 372–3854, e-mail 

kevin.m.deustachio@uscg.mil. For 

information about the original 

regulation, contact Lieutenant 

Commander (LCDR) Marty Daniels, 

Coast Guard; telephone (504) 565–5044, 

e-mail William.M.Daniels@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

In FR Vol. 75, No. 109, USCG 2010– 

0139, appearing on page 32275 in the 

issue of Tuesday, June 8, 2010, the 

following correction is made: 


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