Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 54069 

1Commission regulations referred to herein are 

found at 17 CFR Ch. I (2007) and may be accessed 

through the Commission’s Web site, http:// 

www.cftc.gov/lawandregulation/index.htm. 

(1) Remove the pulley drive assembly, the 

torque limiter, the compressor drive belt, and 

the alternator/compressor support. 

(2) Inspect for cracks on the pulley drive 

surfaces and the alternator/compressor 

support welds. 

(i) If any crack is detected, replace the 

pulley drive assembly or conditionally repair 

the cracked unit following the 

accomplishment instructions in section D.2 

of EADS SOCATA Mandatory TBM Aircraft 

Alert Service Bulletin SB 70–161, 

amendment 2, dated July 2008. 

(ii) Replacement of the assembly 

incorporates replacement of the pulley drive 

sheer shaft required by paragraph (f)(3) of 

this AD for airplanes with 30 hours TIS or 

more with the torque limiter installed on the 

pulley drive shear shaft. 

(3) Replace any pulley drive shear shaft 

that has accumulated 30 hours TIS or more 

with the torque limiter installed. This action 

is not required if you replaced the whole 

assembly per paragraph (f)(2)(i) of this AD. 

(4) Re-install the pulley drive assembly and 

the alternator/compressor support, without 

re-installing the compressor drive belt or the 

torque limiter. 

(5) Install on the instrument panel and in 

the pilot’s primary field of vision, the 

following placard: 

‘‘AIR COND’’ INOPERATIVE 

RECOMMENDED ‘‘AIR COND’’ SWITCH 

POSITION: ‘‘MANUAL’’ 

and insert EADS SOCATA Mandatory TBM 

Aircraft Alert Service Bulletin SB 70–161, 

amendment 2, dated July 2008 in the 

limitations section of the pilot’s operating 

handbook. 

(g) For all serial number airplanes; 

(1) Within 100 hours TIS after October 8, 

2008 (the effective date of this AD), and 

thereafter at intervals not to exceed 100 hours 

TIS, inspect for cracks on the pulley drive 

surfaces and the alternator/compressor 

support welds, following EADS SOCATA 

Mandatory TBM Aircraft Alert Service 

Bulletin SB 70–161, amendment 2, dated July 

2008. For accomplishment of the repetitive 

inspections required by paragraph (g)(1) of 

this AD, paragraph C.2 of the 

accomplishment instructions of EADS 

SOCATA Mandatory TBM Aircraft Alert 

Service Bulletin SB 70–161, amendment 2, 

dated July 2008, does not apply since the 

torque limiter has already been removed. 

(2) If cracks are found during any of these 

inspections, before further flight, replace the 

assembly or conditionally repair the unit 

following EADS SOCATA Mandatory TBM 

Aircraft Alert Service Bulletin SB 70–161, 

amendment 2, dated July 2008. The 100-hour 

TIS repetitive inspections are still required 

after replacement or repair. 

(h) As an alternative to the requirements of 

paragraphs (f) and (g) of this AD, do the 

following actions before further flight after 

October 8, 2008 (the effective date of this 

AD), following EADS SOCATA Mandatory 

TBM Aircraft Alert Service Bulletin SB 70– 

161, amendment 3, dated July 2008: 

(1) Install a zero-timed pulley drive 

assembly P/N T700G215510000000 following 

the accomplishment instructions in section 

D.1, I and J of EADS SOCATA Mandatory 

TBM Aircraft Alert Service Bulletin SB 70– 

161, amendment 3, dated July 2008. 

(2) Within 100 hours TIS after the 

installation required in paragraph (h)(1) of 

this AD and repetitively thereafter at 

intervals not to exceed 100 TIS, inspect the 

alternator/compressor support welds for 

cracks following the accomplishment 

instructions in sections B,G, H, I, and J of 

EADS SOCATA Mandatory TBM Aircraft 

Alert Service Bulletin SB 70–161, 

amendment 3, dated July 2008. 

(3) If any crack is detected in the 

inspection required in paragraph (h)(2) of 

this AD, before further flight, replace or 

repair the cracked unit following EADS 

SOCATA Mandatory TBM Aircraft Alert 

Service Bulletin SB 70–161, amendment 3, 

dated July 2008. 

(4) Upon the accumulation of 400 hours 

TIS, replace each pulley drive assembly, 

P/N T700G215510000000, with a zerotimed one. 

Note 1: Compliance with the requirements 

of paragraph (h) of this AD restores the 

capability to make use of the air conditioning 

system. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(i) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4119; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer or other source, 

use these actions if they are FAA-approved. 

Corrective actions are considered FAAapproved if they are approved by the State 

of Design Authority (or their delegated 

agent). You are required to assure the product 

is airworthy before it is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(j) Refer to MCAI EASA Emergency AD 

No.: 2008–0129R1–E, dated July 31, 2008; 

EADS SOCATA Mandatory TBM Aircraft 

Alert Service Bulletin SB 70–161, 

amendment 2, and EADS SOCATA 

Mandatory TBM Aircraft Alert Service 

Bulletin SB 70–161, amendment 3, both 

dated July 2008, for related information. 

Material Incorporated by Reference 

(k) You must use EADS SOCATA 

Mandatory TBM Aircraft Alert Service 

Bulletin SB 70–161, amendment 2, or EADS 

SOCATA Mandatory TBM Aircraft Alert 

Service Bulletin SB 70–161, amendment 3, 

both dated July 2008, 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 EADS SOCATA—Direction 

des Services, 65921 Tarbes Cedex 9, France; 

telephone: +33 (0)5 62 41 73 00; fax: +33 (0)5 

62 41 7–54; or in the United States contact 

EADS SOCATA North America, Inc., North 

Perry Airport, 7501 South Airport Road., 

Pembroke Pines, Florida 33023; telephone: 

(954) 893–1400; fax: (954) 964–4141. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, Room 506, Kansas City, 

Missouri 64106; or 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/ 

cfr/ibr-locations.html. 

Issued in Kansas City, Missouri, on 

September 8, 2008. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E8–21429 Filed 9–17–08; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 3 and 30 

RIN 3038–AC26 

Exemption From Registration for 

Certain Firms With Regulation 30.10 

Relief 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’) 

has amended the regulation concerning 

the registration of firms located outside 

the U.S. that are engaged in commodity 

interest activities with respect to trading 

on U.S. designated contract markets 

(‘‘DCMs’’) and U.S. derivatives 

transaction execution facilities 

(‘‘DTEFs’’).1 The amended regulation 


dwashington3 on PRODPC61 with RULES
54070 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 

2See 72 FR 63976 (Nov. 14, 2007). 

3 73 FR 4499 (Jan. 25, 2008). 

4CFTC Staff Letter 07–16, [Current Transfer 

Binder] Comm. Fut. L. Rep. (CCH) ¶llll (Aug. 

21, 2007). CFTC Staff Letters issued since 1995 may 

be accessed through http://www.cftc.gov/ 

lawandregulation/ 

exemptivenoactionandinterpretativeletters/ 

index.htm. 

codifies past actions of the 

Commission’s staff to permit certain 

foreign firms that have confirmed relief 

from registration as futures commission 

merchants (‘‘FCMs’’) in accordance with 

the regulations to introduce to registered 

FCMs certain U.S. customers in 

connection with trading futures and 

commodity options listed on, or subject 

to the rules of, a U.S. DCM or DTEF 

without having to register as an 

introducing broker (‘‘IB’’) pursuant to 

Section 4d of the Commodity Exchange 

Act (‘‘Act’’). The Commission also has 

revoked the regulation regarding 

quarterly reporting requirements for 

foreign futures and foreign options 

transactions. 

DATES: Effective Date: October 20, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Andrew V. Chapin, Associate Director, 

at (202) 418–5430, Division of Clearing 

and Intermediary Oversight, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581. Electronic mail: 

achapin@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. The Proposal 

Part 3 of the Commission’s regulations 

governs the registration of 

intermediaries engaged in the offer and 

sale of, and providing advice 

concerning, futures and commodity 

options traded on U.S. markets, 

including both DCMs and DTEFs. 

Regulation 3.10 sets forth the manner in 

which FCMs, IBs, commodity pool 

operators (‘‘CPOs’’), commodity trading 

advisors (‘‘CTAs’’), and leverage 

transaction merchants must apply for 

registration with the Commission. 

Regulation 3.10(c) also provides an 

exemption from registration for certain 

persons. For example, Regulation 

3.10(c)(3) provides an exemption from 

registration to any foreign person 

engaged in the activity of an IB, CPO or 

CTA solely on behalf of customers 

located outside the U.S., provided that 

all commodity interest transactions are 

submitted for clearing to a registered 

FCM.2 Part 30 of the Commission’s 

regulations governs the offer and sale to 

U.S. persons of futures and option 

contracts entered into on or subject to 

the rules of a foreign board of trade. 

On January 25, 2008, the Commission 

published for comment proposed 

amendments to Regulations 3.10 and 

30.8 (the ‘‘Proposal’’).3 Specifically, the 

Commission proposed new Regulation 

3.10(c)(4) to exempt from registration as 

an IB the foreign affiliate of a registered 

FCM that introduces eligible contract 

participants (‘‘ECPs’’) to a registered 

FCM for the purpose of trading U.S. 

exchange-traded futures and options. 

Among other conditions, the registration 

relief described in the Proposal was 

predicated upon the foreign affiliate 

obtaining an exemption from FCM 

registration pursuant to Regulation 

30.10 (‘‘Regulation 30.10 firm’’) and the 

affiliated FCM’s acknowledgment that it 

would be jointly and severally liable for 

any violations of the Act or the 

Commission’s regulations by the foreign 

affiliate in connection with those 

activities, even if the FCM did not 

submit the trade for clearing. 

As explained in the Proposal, the 

Commission sought to codify past noaction positions taken by Commission 

staff that provided a limited-purpose 

exemption from IB registration only to 

those foreign affiliates of registered 

FCMs engaged in global futures 

brokerage activities on behalf of 

institutional customers located in the 

U.S. In doing so, the Commission 

recognized that institutional U.S. 

customers who trade globally 

throughout the 24-hour trading day may 

achieve greater operational and 

economic efficiencies by eliminating the 

need to use multiple order entry 

systems to execute transactions both 

domestically and abroad. 

The Commission also proposed to 

revoke Regulation 30.8 requiring each 

FCM to provide the National Futures 

Association (‘‘NFA’’) with a quarterly 

report containing data for the total 

volume of foreign futures and options 

contracts effected on foreign boards of 

trade. In the Proposal, the Commission 

stated that the Regulation 30.8 reporting 

requirement was overly burdensome in 

lieu of other extensive reporting and 

recordkeeping requirements applicable 

to FCMs as set forth in Part 1 of its 

regulations. 

II. Comments Regarding the Proposal 

A. The Comments 

The Commission received four 

comment letters. All of the commenters 

supported the adoption of Regulation 

3.10(c)(4). The two commenters on the 

proposal to revoke Regulation 30.8 

similarly supported that action. 

One commenter, a registered FCM, 

requested the Commission to preserve 

the position taken in Staff Letter 07–16, 

applicable to one of the FCM’s foreign 

affiliates.4 In contrast to other recipients 

of prior no-action relief, the FCM’s 

foreign affiliate was exempt from IB 

registration pursuant to Regulation 30.5 

and not Regulation 30.10. As such, the 

FCM’s foreign affiliate would not be 

eligible for the IB registration exemption 

under the Proposal until such time that 

either its foreign regulator or selfregulatory organization filed a petition 

with the Commission in accordance 

with Regulation 30.10. Another 

commenter, a membership organization 

comprised of FCMs and other futures 

industry participants, commented that 

FCMs’ foreign affiliates in non-30.10 

jurisdictions may be interested in 

obtaining exemptive relief consistent 

with Regulation 3.10(c)(4) and, 

accordingly, it requested that the 

Commission consider addressing those 

foreign affiliates in the final rulemaking. 

B. The Commission’s Response 

The Commission does not believe it is 

appropriate at this time to extend the 

proposed IB registration exemption for 

trading on domestic markets as set forth 

in Regulation 3.10(c)(4) to those foreign 

affiliates exempt from IB registration 

pursuant to Regulation 30.5. This is 

because, while the limited-purpose 

exemption from IB registration set forth 

in Regulation 3.10(c)(4) is predicated on 

the existence of a comparable regulatory 

program in the jurisdiction in which the 

Regulation 30.10 firm is located, the 

exemption available in Regulation 30.5 

is not. The Commission’s determination 

to limit the relief set forth in Regulation 

3.10(c)(4) to Regulation 30.10 firms will 

benefit U.S. customers by requiring any 

firm not registered with the Commission 

as an IB to be subject to a comparable 

regulatory program in lieu of 

compliance with the provisions of the 

Act and Commission regulations 

applicable to IBs. As set forth in 

Appendix A to Part 30, the 

Commission’s review of each Regulation 

30.10 firm’s regulatory program, among 

other requirements, addresses the 

foreign laws and regulations applicable 

to registration and fitness, 

recordkeeping and reporting, and 

minimum sales practice standards. 

III. Final Rulemaking 

Accordingly, the Commission has 

determined to adopt Regulation 

3.10(c)(4) as proposed. As the 

Commission indicated would be the 

case in the Proposal, the adoption of 

Regulation 3.10(c)(4) will supersede the 

following Staff Letters: 03–28, 04–09, 

04–14, 05–06, 07–05, 07–08, 07–16, 07– 


dwashington3 on PRODPC61 with RULES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 54071 

5 47 FR 18618–18621 (Apr. 30, 1982). 

6 47 FR 18619–18620. 

7 47 FR 18618; see also 48 FR 35276 (Aug. 3, 

1983). 

8Pub. L. 104–13 (May 13, 1995). 

9 73 FR at 4502. 

17, 07–20, and 07–23 (the ‘‘Prior Staff 

Letters’’). 

Regulation 3.10(c)(4)(iii) requires that 

the FCM affiliated with the Regulation 

30.10 firm seeking relief thereunder file 

with NFA an acknowledgment of joint 

and several liability with the 30.10 

Firm. Notwithstanding that the Prior 

Staff Letters have been superseded by 

the adoption of Regulation 3.10(c)(4), by 

this Federal Register release the 

Commission confirms that any FCM that 

previously filed an acknowledgment of 

joint and several liability pursuant to 

the conditions of a Prior Staff Letter is 

not required to file a new 

acknowledgment with NFA—provided 

that the previously filed 

acknowledgment complies with 

Regulation 3.10(c)(4)(iii). 

For the reasons provided in the 

Proposal, and in the absence of any 

comments to the contrary, the 

Commission similarly has determined to 

revoke and reserve Regulation 30.8. 

IV. Related Matters 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601–611, requires that 

agencies, in proposing regulations, 

consider the impact of those regulations 

on small businesses. The Commission 

has previously established certain 

definitions of ‘‘small entities’’ to be used 

by the Commission in evaluating the 

impact of its regulations on such entities 

in accordance with the RFA.5 The 

Commission previously has determined 

that registered FCMs are not small 

entities for the purpose of the RFA 

because each FCM has an underlying 

fiduciary relationship with its 

customers, regardless of the size of the 

FCM.6 The Commission notes that 

certain foreign persons affected by the 

changes to the Commission’s regulations 

would be registered as FCMs if not for 

the exemption provided therein and, as 

such, would maintain a fiduciary 

relationship with customers similar to 

the relationship maintained by each 

registered FCM. 

With respect to IBs, the Commission 

has stated that it would evaluate within 

the context of a particular rule whether 

all or some affected IBs would be 

considered to be small entities and, if 

so, the economic impact on them of any 

rule.7 The Commission does not believe 

that any affected global IBs would be 

considered to be small entities. 

Moreover, the Commission invited 

public comment on the impact these 

proposed rules may have on small 

entities and received no comments. 

Therefore, the Acting Chairman, on 

behalf of the Commission, hereby 

certifies, pursuant to 5 U.S.C. 605(b), 

that these regulations will not have a 

significant economic impact on a 

substantial number of small entities. No 

comment was received regarding the 

impact of these amendments on small 

businesses. 

B. Paperwork Reduction Act 

As required by the Paperwork 

Reduction Act of 1995,8 the 

Commission submitted a copy of the 

proposed rule amendments to the Office 

of Management and Budget for its 

review. The Commission did not receive 

any public comments relative to its 

analysis of paperwork burdens 

associated with this rulemaking. 

C. Cost-Benefit Analysis 

Section 15(a) of the Act requires the 

Commission to consider the costs and 

benefits of its actions before issuing new 

regulations under the Act. The 

Commission published an analysis of 

costs and benefits when it proposed the 

rule amendments that it is now 

adopting.9 It did not receive any public 

comments pertaining to the analysis. 

List of Subjects 

17 CFR Part 3 

Definitions, Foreign futures, 

Consumer protection, Foreign options, 

Registration requirements. 

17 CFR Part 30 

Definitions, Foreign futures, 

Consumer protection, Foreign options, 

Registration requirements. 

■ In consideration of the foregoing, and 

pursuant to the authority contained in 

the Commodity Exchange Act and, in 

particular, Sections 2(a)(1), 4(b), 4c and 

8a thereof, 7 U.S.C. 2, 6(b), 6c and 12a 

(1982), and pursuant to the authority 

contained in 5 U.S.C. 552 and 552b 

(1982), the Commission hereby amends 

Chapter I of Title 17 of the Code of 

Federal Regulations as follows: 

PART 3—REGISTRATION 

■ 1. The authority citation for part 3 

continues to read as follows: 

Authority: 5 U.S.C. 522, 522b; 7 U.S.C. 1a, 

2, 4, 6, 6a, 6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6k, 

6m, 6n, 6o, 6p, 8, 9, 9a, 12, 12a, 13b, 13c, 

16a, 18, 19, 21, 23, unless otherwise noted. 

■ 2. Section 3.10 is amended by adding 

paragraph (c)(4) to read as follows: 

§ 3.10 Registration of futures commission 

merchants, introducing brokers, commodity 

trading advisors, commodity pool operators 

and leverage transaction merchants. 

* * * * * 

(c) * * * 

(4) A person located outside the 

United States, its territories or 

possessions that is exempt from 

registration as a futures commission 

merchant in accordance with § 30.10 of 

this chapter is not required to register as 

an introducing broker in accordance 

with section 4d of the Act if: 

(i) Such a person is affiliated with a 

futures commission merchant registered 

in accordance with section 4d of the 

Act; 

(ii) Such a person introduces, on a 

fully-disclosed basis in accordance with 

§ 1.57 of this chapter, any institutional 

customer, as defined in § 1.3(g) of this 

chapter, to a registered futures 

commission merchant for the purpose of 

trading on a designated contract market 

or derivatives execution facility; 

(iii) Prior to a person located outside 

the United States, its territories or 

possessions, that is exempt from 

registration as a futures commission 

merchant pursuant to § 30.10 of this 

chapter, engaging in the introducing 

activities described in this paragraph, 

the affiliated futures commission 

merchant has filed with the National 

Futures Association (ATTN: Vice 

President, Compliance) an 

acknowledgement that it will be jointly 

and severally liable for any violations of 

the Act or the Commission’s regulations 

committed by such person in 

connection with those introducing 

activities, whether or not the affiliated 

futures commission merchant submits 

for clearing any trades resulting from 

those introducing activities; and 

(iv) Such person does not solicit any 

person located in the United States, its 

territories or possessions for trading on 

a designated contract market or 

derivatives transaction execution 

facility, nor does such person handle 

the customer funds of any person 

located in the United States, its 

territories or possessions for the purpose 

of trading on any designated contract 

market or derivatives transaction 

execution facility. 

(v) For the purposes of this paragraph, 

a person shall be affiliated with a 

futures commission merchant if such a 

person: 

(A) Owns 50 percent or more of the 

futures commission merchant; 

(B) Is owned 50 percent or more by 

the futures commission merchant; or 

(C) Is owned 50 percent or more by a 

third person that also owns 50 percent 


dwashington3 on PRODPC61 with RULES
54072 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 

or more of the futures commission 

merchant. 

* * * * * 

PART 30—FOREIGN FUTURES AND 

FOREIGN OPTIONS TRANSACTIONS 

■ 3. The authority citation for part 30 

continues to read as follows: 

Authority: 7 U.S.C. 1a, 2, 4, 6, 6c, and 12a, 

unless otherwise noted. 

§ 30.8 [Removed and reserved] 

■ 4. Section 30.8 is removed and 

reserved. 

Dated: September 12, 2008. 

By the Commission. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. E8–21857 Filed 9–17–08; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2008–0760] 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, Jay 

Jay, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Seventh 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the NASA 

Railroad bridge across the Atlantic 

Intracoastal Waterway, mile 876.6, at Jay 

Jay, FL. The deviation is necessary to 

perform rehabilitation work on the 

bridge. This deviation allows the bridge 

to not open to vessel traffic from 7 a.m. 

until 11 a.m. and from 1 p.m. until 5 

p.m., Monday through Friday except 

Federal holidays until October 19, 2008. 

All other times the bridge will continue 

to operate in accordance with 33 CFR 

117.261(j). 

DATES: This deviation is effective from 

September 18, 2008 until October 19, 

2008. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2008– 

0760 and are available online at 

http://www.regulations.gov. They are 

also available for inspection or copying 

at two locations: the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays, and the 

Commander (dpb), Seventh Coast Guard 

District, 909 SE 1st Avenue, Room 432, 

Miami, Florida 33131–3028 between 8 

a.m. and 4:30 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call Mr. 

Barry Dragon, Bridge Branch, Seventh 

Coast Guard District, at 305–415–6743. 

If you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: This 

deviation was requested by NASA, the 

bridge owner, in order to complete 

rehabilitation of the NASA Bridge, mile 

876.6, of the Atlantic Intracoastal 

Waterway, Jay Jay, FL. The bridge has a 

vertical clearance of 7 feet in the closed 

position and a horizontal clearance of 

90 feet. The work will require four 

hours of continuous closure followed by 

two hours for vessel passage followed 

by four hours of continuous closure, 

Monday through Friday except Federal 

holidays. All other times the bridge will 

operate in accordance with 33 CFR 

117.261(j). This deviation period begins 

September 18, 2008 and ends on 

October 19, 2008. The bridge must 

return to its regular operating schedule 

immediately at the end of the 

designated time period. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: August 1, 2008. 

Gregory E. Shapley, 

Chief, Bridge Branch, Commander, Seventh 

Coast Guard District. 

[FR Doc. E8–21891 Filed 9–17–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Area at Blount Island 

Command and Marine Corps Support 

Facility—Blount Island, Jacksonville, 

FL 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending the 

existing regulations for a restricted area 

at Blount Island Command, located on 

Marine Corps Support Facility—Blount 

Island, Jacksonville, Florida. Blount 

Island Command is responsible for 

managing the United States Marine 

Corps Prepositioning Programs. Due to 

the importance of this mission, the 

current restricted area in this section 

must be extended due to Department of 

Defense (DoD) directives that require the 

implementation of specified force 

protection measures by all DoD 

components. This amendment to the 

existing regulation is necessary to 

protect U.S government personnel, 

equipment, and facilities from potential 

terrorist attack by providing stand-off 

corridors encompassing the waters 

immediately contiguous to Marine 

Corps Support Facility—Blount Island. 

DATES: Effective Date: October 20, 2008. 

ADDRESSES: U.S. Army Corps of 

Engineers, Attn: CECW–CO (David B. 

Olson), 441 G Street, NW., Washington, 

DC 20314–1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or Mr. 

Jon M. Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–1680. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat 892; 33 U.S.C. 3) the Corps is 

amending the regulations in 33 CFR part 

334 by modifying § 334.515. The 

modification to the existing restricted 

area is described below. 

The proposed rule was published in 

the June 10, 2008, issue of the Federal 

Register (73 FR 32665), and its 

regulations.gov docket number is COE– 

2007–0037. No comments were received 

in response to the proposed rule. 

The amendment to this regulation 

will allow the Commanding Officer, 

Blount Island Command and Marine 

Corps Support Facility—Blount Island 

to restrict passage of persons, watercraft, 

and vessels in waters contiguous to this 

Command, thereby ensuring that DoD 

force protection requirements are met 

and antiterrorism measures are properly 

implemented as required by DoD 

directives. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This rule is issued with respect 

to a military function of the Defense 

Department and the provisions of 

Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. The rule has been 

reviewed under the Regulatory 


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