18288 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 

packed were sealed with a seal of the 

national government of the region of 

origin by the salaried veterinarian of the 

national government of the region of 

origin who signed the certificate or, if 

exported from Mexico, by the 

veterinarian accredited by the national 

government of Mexico who signed the 

certificate. 

(ix) In addition, if the eggs were laid 

in any region where END is considered 

to exist (see paragraph (a) of this 

section), the certificate must also state: 

* * * * * 

(C) The eggs are from a flock of origin 

found free of END as follows: On the 

seventh and fourteenth days of the 21- 

day period before the certificate is 

signed, at least 1 cull bird (a sick or 

dead bird, not a healthy bird that was 

killed) for each 10,000 live birds 

occupying each poultry house certified 

for exporting table eggs was tested for 

END virus using embryonated egg 

inoculation technique. The weekly cull 

rate of birds of every exporting poultry 

house within the exporting farm does 

not exceed 0.1 percent. The tests present 

no clinical or immunological evidence 

of END by embryonated egg inoculation 

technique from tissues of birds that 

were culled and have been collected by 

a salaried veterinary officer of the 

national government of the region of 

origin or by a veterinarian accredited by 

the national government of Mexico. All 

examinations and embryonated egg 

inoculation tests were conducted in a 

laboratory located in the region of 

origin, and the laboratory was approved 

to conduct the examinations and tests 

by the veterinary services organization 

of the national government of that 

region. All results were negative for 

END. 

(D) Egg drop syndrome is notifiable in 

the region of origin and there have been 

no reports of egg drop syndrome in the 

flocks of origin of the eggs, or within a 

50 kilometer radius of the flock of 

origin, for the 90 days prior to the 

issuance of the certificate. 

* * * * * 

(Approved by the Office of Management 

and Budget under control numbers 

0579–0015, 0579–0245, and 0579–0328) 

§ 94.8 [Amended] 

■ 9. In § 94.8 in the introductory text 

and paragraph (a)(4) introductory text 

footnotes 8 and 9 are redesignated as 

footnotes 7 and 8 respectively. 

§ 94.9 [Amended] 

■ 10. In § 94.9 (a), (c)(3), and (e)(2) 

introductory text footnotes 10 through 

12 are redesignated as footnotes 9 

through 11 respectively. 

■ 11. Section 94.12 is amended as 

follows: 

■ a. In paragraph (b)(1)(iii)(B), by 

redesignating footnote 13 as footnote 12. 

■ b. In paragraph (b)(3), by 

redesignating footnote 14 as footnote 13 

and revising newly redesignated 

footnote 13 to read as set forth below. 

§ 94.12 Pork and pork products from 

regions where swine vesicular disease 

exists. 

* * * * * 

(b) * * * 

(3) * * * 13

13See footnote 9 in § 94.9. 

§ 94.16 [Amended] 

■ 12. In § 94.16 (b)(2) footnote 15 is 

redesignated as footnote 14. 

■ 13. Section 94.17 is amended as 

follows: 

■ a. In paragraph (e), by redesignating 

footnote 16 as footnote 15. 

■ b. In paragraph (p)(1)(i), by 

redesignating footnote 17 as footnote 16 

and revising newly redesignated 

footnote 16 to read as set forth below. 

§ 94.17 Dry-cured pork products from 

regions where foot-and-mouth disease, 

rinderpest, African swine fever, classical 

swine fever, or swine vesicular disease 

exists. 

* * * * * 

(p) * * * 

(1) * * * 

(i) * * * 16

16See footnote 15 in paragraph (e) of this 

section. 

§ 94.18 [Amended] 

■ 14. In § 94.18 in paragraphs (c)(2) and 

(d)(1) footnotes 18 and 19 are 

redesignated as footnotes (17) and (18) 

respectively. 

§ 94.24 [Amended] 

■ 15. In § 94.24 in paragraphs (a)(5) and 

(b)(6) footnotes 20 and 21 are 

redesignated as footnotes 19 and 20 

respectively. 

Done in Washington, DC, this 15th day of 

April 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–9102 Filed 4–21–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–1259; Airspace 

Docket No. 08–ASO–1] 

Modification of the Atlantic High and 

San Juan Low Offshore Airspace 

Areas; East Coast, United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will amend the 

boundaries of the Atlantic High and San 

Juan Low Offshore Airspace Areas 

located off the east coast of the United 

States. The implementation of the West 

Atlantic Route System Plus (WATRS 

Plus) project modified the boundaries of 

the Miami Control Area (CTA)/Flight 

Identification Region (FIR), the San Juan 

CTA/FIR, and the New York Oceanic 

CTA/FIR. This action modifies the 

Atlantic High and San Juan Low 

Offshore Airspace Area boundaries to 

coincide with the CTA/FIR changes. 

DATES: Effective Date: 0901 UTC, July 2, 

2009. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On Thursday January 15, 2009, the 

FAA published in the Federal Register 

a notice of proposed rulemaking to 

modify the Atlantic High and San Juan 

Low Offshore Airspace Areas, East 

Coast, United States (74 FR 2427). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal. No comments were received. 

With the exception of editorial changes, 

this amendment is the same as that 

proposed in the NPRM. 

High offshore airspace areas are 

published in paragraph 2003, and low 

offshore airspace areas are published in 

paragraph 6007, of FAA Order 7400.9S 

signed October 3, 2008, and effective 

October 31, 2008, which is incorporated 

by reference in 14 CFR 71.1. The 

offshore airspace areas listed in this 


dwashington3 on PROD1PC60 with RULES
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 18289 

document will be published 

subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

modifying the boundaries of the 

Atlantic High and San Juan Low 

Offshore Airspace Areas to match recent 

boundary changes to the Miami, San 

Juan and New York Oceanic CTA/FIRs. 

The CTA/FIR boundaries were modified 

due to the implementation of the 

WATRS Plus project, which introduced 

a redesigned route structure and a 

reduced lateral separation standard on 

oceanic routes in the WATRS Plus CTAs 

to enhance en route capacity. This 

change is a minor realignment of one 

point common to both the Atlantic High 

and San Juan Low Offshore Airspace 

area boundaries. The point at lat. 

21°08′00′ N., long. 67°45′00′′ W. is 

changed to read lat. 21°14′21′′ N., long. 

67°39′02′′ W. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administration. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it enhances the safety of aircraft within 

the National Airspace System. 

ICAO Considerations 

As this action relates to navigable 

airspace outside the United States, this 

notice is submitted in accordance with 

the International Civil Aviation 

Organization (ICAO) International 

Standards and Recommended Practices. 

The application of International 

Standards and Recommended Practices 

by the FAA, Office of System 

Operations Airspace and AIM, Airspace 

& Rules, in areas outside the United 

States domestic airspace, is governed by 

the Convention on International Civil 

Aviation. Specifically, the FAA is 

governed by Article 12 and Annex 11, 

which pertain to the establishment of 

necessary air navigational facilities and 

services to promote the safe, orderly, 

and expeditious flow of civil air traffic. 

The purpose of Article 12 and Annex 11 

is to ensure that civil aircraft operations 

on international air routes are 

performed under uniform conditions. 

The International Standards and 

Recommended Practices in Annex 11 

apply to airspace under the jurisdiction 

of a contracting state, derived from 

ICAO. Annex 11 provisions apply when 

air traffic services are provided and a 

contracting state accepts the 

responsibility of providing air traffic 

services over high seas or in airspace of 

undetermined sovereignty. 

A contracting state accepting this 

responsibility may apply the 

International Standards and 

Recommended Practices that are 

consistent with standards and practices 

utilized in its domestic jurisdiction. 

In accordance with Article 3 of the 

Convention, state-owned aircraft are 

exempt from the Standards and 

Recommended Practices of Annex 11. 

The United States is a contracting state 

to the Convention. Article 3(d) of the 

Convention provides that participating 

state aircraft will be operated in 

international airspace with due regard 

for the safety of civil aircraft. Since this 

action involves the designation of 

navigable airspace outside the United 

States, the Administrator consulted with 

the Secretary of State and the Secretary 

of Defense in accordance with the 

provisions of Executive Order 10854. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 

paragraph 311a of FAA Order 1050.1E, 

Environmental Impacts: Polices and 

Procedures. This airspace action is not 

expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9S, 

Airspace Designations and Reporting 

Points, signed October 3, 2008 and 

effective October 31, 2008, is amended 

as follows: 

Paragraph 2003 Offshore Airspace Areas. 

* * * * * 

Atlantic High [Amended] 

That airspace extending upward from 

18,000 feet MSL to and including FL 600 

within the area bounded on the east from 

north to south by the Moncton FIR, New 

York Oceanic CTA/FIR, and the San Juan 

Oceanic CTA/FIR; to the point where the San 

Juan Oceanic CTA/FIR boundary turns 

southwest at lat. 21°14′21′′ N., long. 67°39′02′′ 

W., thence from that point southeast via a 

straight line to intersect a 100-mile radius of 

the Fernando Luis Ribas Dominicci Airport at 

lat. 19°47′28′′ N., long. 67°09′37′′ W., thence 

counter-clockwise via a 100-mile radius of 

the Fernando Luis Ribas Dominicci Airport 

to lat. 18°53′05′′ N., long. 67°47′43′′ W., 

thence from that point northwest via a 

straight line to intersect the point where the 

Santo Domingo FIR turns northwest at lat. 

19°39′00′′ N., long. 69°09′00′′ W., thence from 

that point the area is bounded on the south 

from east to west by the Santo Domingo FIR, 

Port-Au-Prince CTA/FIR, and the Havana 

CTA/FIR; bounded on the west from south to 

north by the Houston Oceanic CTA/FIR, 

southern boundary of the Jacksonville Air 

Route Traffic Control Center and a line 12 

miles offshore and parallel to the U.S. 

shoreline. 

* * * * * 

Paragraph 6007 Offshore Airspace Areas. 

* * * * * 

San Juan Low, PR [Amended] 

That airspace extending upward from 

5,500 feet MSL from the point of intersection 

of the San Juan Oceanic CTA/FIR and Miami 

Oceanic CTA/FIR boundary at lat. 21°14′21′′ 

N., long. 67°39′02′′ W., thence from that point 


dwashington3 on PROD1PC60 with RULES
18290 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Rules and Regulations 

southeast via a straight line to intersect a 100- 

mile radius of the Fernando Luis Ribas 

Dominicci Airport at lat. 19°47′28′′ N., long. 

67°09′37′′ W., thence clockwise via a 100- 

mile radius of the Fernando Luis Ribas 

Dominicci Airport to lat. 18°53′05′′ N., long. 

67°47′43′′ W., thence from that point 

northwest via a straight line to intersect the 

point where the Santo Domingo FIR turns 

northwest at lat. 19°39′00′′ N., long. 69°09′00′′ 

W., thence from that point northeast along 

the San Juan CTA/FIR and Miami CTA/FIR 

boundary to the point of beginning. 

* * * * * 

Issued in Washington, DC, on April 15, 

2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–9137 Filed 4–21–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket No. RM08–11–000] 

Version Two Facilities Design, 

Connections and Maintenance 

Reliability Standards 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule: correction. 

SUMMARY: This document corrects 

compliance filing deadline errors in a 

Final Rule that the Federal Energy 

Regulatory Commission published in 

the Federal Register on March 30, 2009. 

That action approved three revised 

Reliability Standards developed by the 

North American Electric Reliability 

Corporation (NERC), designated by 

NERC as FAC–010–2, FAC–011–2 and 

FAC–014–2, which set requirements for 

the development and communication of 

system operating limits of the BulkPower system for use in planning and 

operation horizons. 

DATES: Effective Date: April 29, 2009. 

FOR FURTHER INFORMATION CONTACT: Cory 

Lankford (Legal Information), Office of 

the General Counsel, Federal Energy 

Regulatory Commission, at (202) 502– 

6711. 

SUPPLEMENTARY INFORMATION: In FR 

Document E–9–6823, published March 

30, 2009 (74 FR 14008), make the 

following corrections to compliance 

filing dates: 

1. On page 14014, column 2, the last 

sentence of paragraph 50 is corrected to 

read: ‘‘The ERO shall submit its 

revisions to the Commission within 30 

days from the effective date of this final 

rule, as discussed above and as 

indicated in Attachment A.’’ 

2. On page 14016, column 1, the last 

sentence of paragraph 65 is corrected to 

read: ‘‘The ERO shall submit its 

revisions to sub-requirements R4.1 

through R4.3 to the Commission within 

30 days of the effective date of this final 

rule, as discussed above and as 

indicated in Attachment A.’’ 

3. On page 14016, column 2, the last 

sentence of paragraph 71 is corrected to 

read: ‘‘The Commission therefore adopts 

the NOPR proposal agreed to by NERC 

and directs the ERO to file revised 

violation severity levels for FAC–011–2, 

Requirements R3 within 30 days of the 

effective date of this final rule, as 

discussed above and as indicated in 

Attachment A. 

4. On page 14017, column 1, the last 

sentence of paragraph 75 is corrected to 

read: ‘‘The ERO shall submit its 

revisions to sub-requirements R4.1 

through R4.3 to the Commission with 30 

days of the effective date of this final 

rule, as discussed above and as 

indicated in Attachment A.’’ 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–9169 Filed 4–21–09; 8:45 am] 

BILLING CODE P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Valuing and Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule; correction. 

SUMMARY: The Pension Benefit Guaranty 

Corporation published in the Federal 

Register of April 15, 2009, a final rule 

informing the public of the interest rates 

and assumptions to be used under 

certain Pension Benefit Guaranty 

Corporation regulations. This document 

corrects an inadvertent error in that 

final rule. 

DATES: Effective May 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Attorney, Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005, 

202–326–4024. (TTY/TDD users may 

call the Federal relay service toll-free at 

1–800–877–8339 and ask to be 

connected to 202–326–4024.) 

SUPPLEMENTARY INFORMATION: The 

Pension Benefit Guaranty Corporation 

published a document in the April 15, 

2009, Federal Register (74 FR 17395), 

informing the public of the interest rates 

and assumptions to be used under 

certain Pension Benefit Guaranty 

Corporation regulations. This document 

corrects an inadvertent error in that 

final rule. 

■ In FR Doc. E9–8674, published on 

April 15, 2009 (74 FR 17395), make the 

following corrections. 

Appendix B to Part 4022—[Corrected] 

■ 1. On page 17396, in the table for 

Appendix B to Part 4022, under 

‘‘Immediate annuity rate (percent)’’, 

remove the figure ‘‘3.25’’, and add, in its 

place, ‘‘3.50’’. 

Appendix C to Part 4022—[Corrected] 

■ 2. On page 17396, in the table for 

Appendix C to Part 4022, under 

‘‘Immediate annuity rate (percent)’’, 

remove the figure ‘‘3.25’’, and add, in its 

place, ‘‘3.50’’. 

Issued in Washington, DC, on this 16th day 

of April 2009. 

Vincent K. Snowbarger, 

Acting Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E9–9212 Filed 4–21–09; 8:45 am] 

BILLING CODE 7709–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2008–1268] 

RIN 1625–AA08 

Special Local Regulation; Volvo Ocean 

Race 2009, Nahant, Boston Harbor, MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

during the Volvo Ocean Race 2009 InPort Race to be held on Broad Sound, 

off Nahant, Massachusetts, on May 9, 

2009. This special local regulation is 

necessary to provide for the safety of life 

on navigable waters during the event. 

This proposed action is intended to 

restrict vessel traffic before, during and 

after the race. 

DATES: This rule is effective from 10:30 

a.m. through 4 p.m. on May 09, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 


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