Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 5697 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) AD No. 2009–0211, 

dated October 6, 2009; PIAGGIO AERO 

INDUSTRIES S.p.A. Service Bulletin 

(Mandatory) N.: SB–80–0267Rev.0, dated 

May 19, 2009; and PIAGGIO AERO 

INDUSTRIES S.p.A. Service Bulletin 

(Mandatory) N.: SB–80–0267Rev.1, dated 

June 16, 2009, for related information. 

Material Incorporated by Reference 

(i) You must use PIAGGIO AERO 

INDUSTRIES S.p.A. Service Bulletin 

(Mandatory) N.: SB–80–0267Rev.0, dated 

May 19, 2009; and PIAGGIO AERO 

INDUSTRIES S.p.A. Service Bulletin 

(Mandatory) N.: SB–80–0267Rev.1, dated 

June 16, 2009, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Piaggio Aero Industries 

S.p.a., Via Cibrario, 4—16154 Genoa, Italy; 

fax: +39 010 6481 881; e-mail: 

airworthiness@piaggioaero.it. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on January 

26, 2010. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–2001 Filed 2–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 314 

RIN 2105–AD94 

Employee Protection Program; 

Removal 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This rule removes the 

procedural regulations of the 

Department of Transportation Employee 

Protection Program. These regulations 

are removed because the underlying 

program was repealed by an act of 

Congress and the program has been 

terminated. 

DATES: Effective Date: February 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Bernard Diederich, Office of the General 

Counsel, 1200 New Jersey Ave., SE., 

Washington, DC 20590, (202) 366–9159. 

SUPPLEMENTARY INFORMATION: The 

Congress in 1978 established the 

Employee Protection Program, to be 

administered by the U.S. Department of 

Transportation. Section 43 of the Airline 

Deregulation Act of 1978, Public Law 

95–504, 92 Stat. 1750, codified at 49 

U.S.C. App. 1552 (1991). 

The Program was intended to 

compensate covered airline employees 

who might have lost their employment 

or had their compensation reduced as a 

result of a bankruptcy or major 

employment contraction, if the major 

cause of the bankruptcy or major 

contraction was the change in regulatory 

structure provided by the Airline 

Deregulation Act. DOT established 

regulations to support the Program, 

based on the regulations previously 

established by the Civil Aeronautics 

Board, which previously handled the 

Program. 45 FR 49,291 (July 24, 1980); 

47 FR 9,744 (March 5, 1982); 50 FR 

2,426 (January 16, 1985). The 

regulations were codified at 14 CFR Part 

314. DOT conducted hearings under the 

regulations and issued a final DOT order 

with findings in initial selected cases, 

finding no basis to support any 

compensation under the Program. DOT 

Order 91–9–20, dated September 18, 

1991, in DOT dockets 40201, 39783, 

38978, 38883, and 38571. 

While appeals and processing of the 

Program were underway, the Program 

was repealed by Act of Congress, 

effective August 7, 1998. Section 

199(a)(6) of the Workforce Investment 

Act of 1998, Public Law 105–220, 112 

Stat. 1059. The Program was codified as 

subchapter I of chapter 421 of title 49, 

United States Code, which was repealed 

at subsection (a)(6) of the Workforce 

Investment Act. See also 144 Cong. Rec. 

H6689 (daily ed. July 29, 1998). 

Accordingly, DOT has halted all 

action in the Program and is removing 

the Program regulations. DOT lacks a 

statutory basis for any further action on 

the Program. 

Regulatory Analyses and Notices 

A. Administrative Procedure Act 

The Department has determined that 

this rule may be issued without a prior 

opportunity for notice and comment 

because providing prior notice and 

comment would be unnecessary, 

impracticable, or contrary to the public 

interest. The Program was repealed by 

an Act of Congress in 1998, thus there 

would not be any harm to any 

identifiable beneficiary by repealing the 

rule. The Department has ceased all 

actions under the regulations. Thus, this 

rule should be rescinded. For the same 

reasons, the Department finds that there 

is good cause to make the rule effective 

immediately. 

B. Executive Order 12866 and 

Regulatory Flexibility Act 

The Department has determined that 

this action is not considered a 

significant regulatory action for 

purposes of Executive Order 12866 or 

the Department’s regulatory policies and 

procedures. This rule is being adopted 

solely to rescind a rule that is no longer 

necessary due to the Congress repealing 

the program’s statutory authority. Given 

the absence of compliance costs to 

anyone, I certify that final rule does not 

have a significant economic impact on 

a substantial number of small entities. 

C. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

D. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

E. Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

F. Unfunded Mandates Reform Act 

The Department of Transportation has 

determined that the requirements of 

Title II of the Unfunded Mandates 

Reform Act of 1995 do not apply to this 

rulemaking. 


cprice-sewell on DSK2BSOYB1PROD with RULES
5698 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 

List of Subjects in 14 CFR Part 314 

Administrative practice and 

procedure, Air transportation, Aviation 

safety, Hazardous materials 

transportation, Investigations, Law 

enforcement, Penalties. 

■ Accordingly, under the authority of 

Section 199(a)(6) of the Workforce 

Investment Act of 1998, Public Law 

105–220, 112 Stat. 1059, the Department 

of Transportation amends 14 CFR 

chapter 2 by removing part 314: 

PART 314—[REMOVED AND 

RESERVED] 

Issued in Washington, DC, on January 27, 

2010. 

Susan Kurland, 

Assistant Secretary for Aviation and 

International Affairs. 

[FR Doc. 2010–2281 Filed 2–3–10; 8:45 am] 

BILLING CODE 4910–9X–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0745; FRL–9110–2] 

Approval and Promulgation of 

Implementation Plans; AlbuquerqueBernalillo County, NM; Excess 

Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving 

revisions to the New Mexico State 

Implementation Plan (SIP) submitted by 

the Governor of New Mexico on behalf 

of the Albuquerque Environmental 

Health Department (AEHD) in a letter 

dated September 23, 2009 (the 

September 23, 2009 SIP submittal). The 

September 23, 2009 SIP submittal 

concerns revisions to New Mexico 

Administrative Code Title 20, Chapter 

11, Part 49, Excess Emissions (20.11.49 

NMAC—Excess Emissions) occurring 

during startup, shutdown, and 

malfunction related activities. We are 

approving the September 23, 2009 SIP 

submittal in accordance with the 

requirements of section 110 of the Clean 

Air Act (the Act). 

DATES: This direct final rule will be 

effective April 5, 2010 without further 

notice unless EPA receives relevant 

adverse comments by March 8, 2010. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2008–0815, by one of the 

following methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

• Follow the online instructions for 

submitting comments. 

• EPA Region 6 ‘‘Contact Us’’ Web 

site: http://epa.gov/region6/ 

r6comment.htm. Please click on ‘‘6PD 

(Multimedia)’’ and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7242. 

• Mail: Mr. Guy Donaldson, Chief, 

Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

• Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays, 

and not on legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OAR–2008–0815. 

The EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. The 

State submittal is also available for 

public inspection during official 

business hours, by appointment, at the 

State Air Agency listed below during 

official business hours by appointment: 

AEHD, Air Quality Division, One Civic 

Plaza, Albuquerque, NM 87102. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan Shar, Air Planning Section (6PD– 

L), Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 700, 

Dallas, Texas 75202–2733, telephone 

(214) 665–6691, fax (214) 665–7263, 

e-mail address shar.alan @epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Outline 

I. Background 

A. What action are we taking in this 

document? 

B. What documents did we use in our 

evaluation of the September 23, 2009 SIP 

submittal? 

C. Why are we approving the September 

23, 2009 SIP submittal? 

II. Final Action 

III. Statutory and Executive Order Reviews 


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