Federal Register / Vol. 73, No. 207 / Friday, October 24, 2008 / Rules and Regulations 63359 

Actions Compliance Procedures 

(i) Before further flight after any inspection where hydraulic fluid leakage was 

found; or 

(ii) Within the next 200 hours TIS after 

November 3, 2008 (the effective date 

of this AD) or within the next 6 months 

after November 3, 2008 (the effective 

date of this AD), whichever occurs first. 

(f) The replacement required by paragraph 

(e)(3) of this AD is terminating action for this 

AD. This replacement may be done instead 

of the inspections required by paragraphs 

(e)(1) and (e)(2) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Wichita Aircraft 

Certification Office (ACO), 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: Mike 

Imbler, Aerospace Engineer, Wichita ACO, 

1801 Airport Road, Room 100, Wichita, 

Kansas 67209; telephone: (316) 946–4147; 

fax: (316) 946–4107. 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. 

Material Incorporated by Reference 

(h) You must use Hawker Beechcraft 

Mandatory Service Bulletin SB 29–3897, 

dated August 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 Hawker Beechcraft 

Corporation, P.O. Box 85, Wichita, Kansas 

67201–0085; telephone: (800) 429–5372 or 

(316) 676–3140; Internet: http:// 

pubs.hawkerbeechcraft.com. 

(3) You may review copies at the FAA, 

Central Region, Office of the Regional 

Counsel, 901 Locust, 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on 

October 17, 2008. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–25284 Filed 10–23–08; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 10 and 12 

RIN 3038–AC50 

Proceedings Before the Commodity 

Futures Trading Commission 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’) is 

amending its Rules of Practice and 

Rules Relating to Reparation 

Proceedings, respectively, to 

standardize service and filing by 

electronic means. The amendments also 

revise rules regarding formatting 

requirements of reparations documents 

filed with the Proceedings Clerk. 

DATES: Effective October 24, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Thuy Dinh, Office of General Counsel, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. Telephone: (202) 418–5128. 

SUPPLEMENTARY INFORMATION: Personal 

delivery and delivery by U.S. mail are 

the manners of filing and service 

authorized in proceedings under 17 CFR 

Part 12. Since 1998, Part 10 of the 

Commission Rules has provided an 

additional means—service by fax. Up to 

now, neither Parts 10 nor 12 have 

provided for service by e-mail. In 

keeping with the demands of today’s 

world, and especially in light of 

cautionary measures used in the postSeptember 11 climate that have slowed 

incoming mail to the agency, the 

Commission proposes to authorize fax 

and e-mail as additional manners of 

filing and service, to: (1) Avoid undue 

delay; (2) take advantage of 

technological developments, which will 

be faster and less costly than the mails; 

and (3) streamline procedures. 

The Commission and the federal 

government overall are engaged in 

ongoing efforts to use technology to 

increase efficiency. Since March 2000, 

the Commission has allowed customers, 

clients of Commission registrants and 

commodity pool participants to sign 

electronically certain documents 

required under the Commodity 

Exchange Act (‘‘CEA’’), 7 U.S.C. 1 et seq. 

and Commission Rules. See, e.g., 17 

CFR 1.3(tt) and 1.4 (rules dealing with 

electronic signatures). In May 2000, the 

Office of Management and Budget 

issued a Guide on Implementation of 

the Government Paperwork Elimination 

Act (‘‘GPEA’’) at 65 FR 255508, 2000 

WL 517619. More recently, on July 25, 

2007, the Commission, acting on a 

request made by the National Futures 

Association (‘‘NFA’’), amended 17 CFR 

171.9(b) to allow for service by fax and 

e-mail in appeals from NFA actions. 

Thus, the amendments complement 

existing Commission Rules and 

government policy dealing with 

electronic submissions. 

All of the amendments under Parts 10 

and 12 make filing and service by fax 

and e-mail effective upon transmission. 

While authorizing these electronic 

means of filing and service, the 

Commission wishes to make clear that 

these options may be used on a case-bycase basis at the discretion of the 

Presiding Officer, with the parties’ 

consent. Signed documents filed or 

served by electronic means must be in 

PDF or other non-alterable form. With 

respect to Part 12, when a document to 

be filed requires the concurrent 

submission of a filing fee, filing is not 

complete until the fee has been paid. 

See Commission Rule 12.25. 

The Part 12 amended rules also allow 

filing and service by commercial 

package delivery service, which is 

already allowed under the Part 10 rules. 

To harmonize Parts 10 and 12, when 

documents are served by mail, the 

length of time within which a party 

being served in a Part 10 proceeding 

may respond is extended from three (3) 

extra days as Part 10 currently provides, 

to five (5) extra days, as provided in Part 

12. 

The amendments affect the Rules’ 

provisions respecting service upon 

parties by the Proceedings Clerk on 

behalf of the Commission, i.e., 

Commission Rules 10.12(b) and 

12.10(a)(3), providing that the 

Commission, in its discretion and with 

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63360 Federal Register / Vol. 73, No. 207 / Friday, October 24, 2008 / Rules and Regulations 

due consideration for the convenience 

of the parties, may serve documents 

(i.e., rulings, opinions and orders) to the 

parties by electronic means. 

The amendments also update 

Commission Rules 12.11(a) and (c) for 

filing hard copy pleadings. For example, 

outdated requirements such as 

references to mimeographed filings are 

hereby removed from the rule. 

Related Matters 

A. No Notice Is Required Under 5 U.S.C. 

553 

The Commission has determined that 

these amendments are exempt from the 

provisions of the Administrative 

Procedure Act, 5 U.S.C. 553, which 

generally require notice of proposed 

rulemaking and provide other 

opportunities for public participation. 

According to the exemptive language of 

5 U.S.C. 553, these amendments pertain 

to ‘‘rules of agency organization, 

procedure, or practice,’’ as to which 

there exists agency discretion not to 

provide notice. In addition, notice and 

public procedure are unnecessary in 

this case because the proposed 

amendments are self-explanatory. If 

made effective immediately, they will 

promote efficiency and facilitate the 

Commission’s core mission without 

imposing a new burden. For the above 

reasons, the notice requirements under 

5 U.S.C. 553 are inapplicable. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601 et seq., requires 

agencies with rulemaking authority to 

consider the impact those rules will 

have on small businesses. With respect 

to persons seeking Commission review 

of final exchange and NFA decisions, 

and initial decisions in reparation and 

administrative enforcement matters, the 

amendments impose no additional 

burden and in fact ease existing burdens 

by providing more options, greater 

certainty and increased predictability 

concerning filing and service. 

Accordingly, the Acting Chairman, on 

behalf of the Commission, hereby 

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

that the amendments will not have a 

significant economic impact on a 

substantial number of small businesses. 

C. Paperwork Reduction Act 

The amendments to Parts 10 and 12 

do not impose a burden within the 

meaning and intent of the Paperwork 

Reduction Act of 1980, 44 U.S.C. 3501, 

et seq. 

D. Cost-Benefit Analysis 

Section 15(a) of the Act, 7 U.S.C. 

19(a), requires the Commission to 

consider the costs and benefits of its 

action before issuing a new regulation. 

The Commission understands that, by 

its terms, Section 15(a) does not require 

the Commission to quantify the costs 

and benefits of a new regulation or to 

determine whether the benefits of the 

proposed regulation outweigh its costs. 

Nor does it require that each proposed 

rule be analyzed in isolation when that 

rule is a component of a larger package 

of rules or rule revisions. Rather, 

Section 15(a) simply requires the 

Commission to ‘‘consider the costs and 

benefits’’ of its action. 

Section 15(a) further specifies that 

costs and benefits shall be evaluated in 

light of five broad areas of market and 

public concern: (1) Protection of market 

participants and the public; (2) 

efficiency, competitiveness, and 

financial integrity of futures markets; (3) 

price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations. 

Accordingly, the Commission can, in its 

discretion, give greater weight to any 

one of the five enumerated areas of 

concern and can, in its discretion, 

determine that notwithstanding its 

costs, a particular rule is necessary or 

appropriate to protect the public interest 

or to effectuate any of the provisions, or 

accomplish any of the purposes, of the 

Commodity Exchange Act. 

The amendments to Parts 10 and 12 

will not create any significant change in 

the Commission’s adjudicatory process. 

In fact, the amendments will enhance 

the protection of market participants 

and the public by making filing and 

service more certain, faster and cheaper. 

The amendments do not bear directly 

upon the risk-benefit factors but simply 

increase the efficiency of litigation that 

arises pursuant to the operation of 

futures markets. 

List of Subjects in 17 CFR Parts 10 and 

12 

Administrative practice and 

procedure, Commodity futures. 

■ In consideration of the foregoing, the 

Commission amends Chapter I of Title 

17 of the Code of Federal Regulations as 

follows: 

PART 10—RULES OF PRACTICE 

■ 1. The authority citation for Part 10 is 

revised read as follows: 

Authority: Pub. L. 93–463, sec. 101(a)(11), 

88 Stat. 1391; 7 U.S.C. 2(a)(12). 

■ 2. Section 10.12 is amended by 

revising paragraphs (a)(2), (b) and (d)(1) 

to read as follows: 

§ 10.12 Service and filing of documents; 

form and execution 

(a) * * * 

(2) How service is made. Service shall 

be made by: 

(i) Personal service; 

(ii) First-class or a more expeditious 

form of United States mail or a similar 

commercial package delivery service; 

(iii) Transmitting the documents via 

facsimile machine (‘‘fax’’); or 

(iv) Via electronic mail (‘‘e-mail’’). 

(v) Service shall be complete at the 

time of personal service; upon deposit 

in the mail or with a similar commercial 

package delivery service of a properly 

addressed document for which all 

postage or delivery service fees have 

been paid; or upon transmission by fax 

or e-mail. Where a party effects service 

by mail or similar package delivery 

service (but not by fax or e-mail), the 

time within which the party being 

served may respond shall be extended 

by five (5) days. Service by fax or e-mail 

shall be permitted at the discretion of 

the Presiding Officer, with the parties’ 

consent. Signed documents that are 

served by e-mail must be in PDF or 

other non-alterable form. 

* * * * * 

(b) Service of decisions and orders. A 

copy of all rulings, opinions and orders 

of the Administrative Law Judge and the 

Commission shall be served by the 

Proceedings Clerk on each of the parties. 

The Commission, in its discretion and 

with due consideration for the 

convenience of the parties, may serve 

the aforementioned documents to the 

parties by electronic means. 

* * * * * 

(d) Filing of documents with the 

Proceedings Clerk. (1) All documents 

which are required to be served upon a 

party shall be filed concurrently with 

the Proceedings Clerk. A document 

shall be filed by delivering it in person 

or by certified or registered mail with 

return receipt requested to Proceedings 

Clerk, Office of Proceedings, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581; or faxing the 

document to (202) 418–5532 or emailing it to (PROC_Filings@cftc.gov) in 

accordance with the conditions set forth 

in paragraph (a)(2) of this section. 

* * * * * 

PART 12—RULES RELATING TO 

REPARATION PROCEEDINGS 

■ 1. The authority citation for Part 12 

shall read as follows: 

Authority: 7 U.S.C. 2(a)(12), 12a(5), and 18. 

■ 2. Section 12.10 is amended by 

revising paragraphs (a)(2), (a)(3) and (b) 

to read as follows: 

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Federal Register / Vol. 73, No. 207 / Friday, October 24, 2008 / Rules and Regulations 63361 

§ 12.10 Service. 

(a) * * * 

(2) Filing with the Proceedings Clerk; 

proof of service. All documents which 

are required to be served upon a party 

shall be filed concurrently with the 

Proceedings Clerk, and shall meet the 

requirements as to form prescribed by 

§§ 12.11 and 12.12 of this part. Unless 

otherwise provided in these rules, a 

document shall be filed by: 

(i) Delivering it in person; 

(ii) Mailing it by first-class or a more 

expeditious form of United States mail, 

or delivering it to a similar commercial 

package delivery service; 

(iii) Transmitting the documents via 

facsimile machine (‘‘fax’’); or 

(iv) Via electronic mail (‘‘e-mail.’’) 

(v) Mailed documents must be 

addressed to: Proceedings Clerk, Office 

of Proceedings, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581. Faxed 

documents should be sent to (202) 418– 

5532 and e-mailed documents to 

(PROC_Filings@cftc.gov), directed to the 

Proceedings Clerk. Electronic filing and 

service in a given case shall be at the 

discretion of the Presiding Officer, with 

the parties’ consent. Signed documents 

that are served by e-mail attachment 

must be in PDF or other non-alterable 

form. To be timely filed under this part, 

a document must be delivered; mailed 

by first-class or a more expeditious form 

of United States mail or a similar 

commercial package delivery service; or 

faxed or e-mailed to the Proceedings 

Clerk within the time prescribed for 

filing. Proof of filing shall be made by 

attaching to the document to be filed an 

affidavit certifying that the attached 

document was either deposited in the 

mail or with the commercial package 

delivery service, with postage or 

delivery service fees prepaid, addressed 

to the Proceedings Clerk, Office of 

Proceedings, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581; or faxed or e-mailed to the 

Proceeding Clerk on the date specified 

in the affidavit. Proof of service of a 

document shall be made by filing with 

the Proceedings Clerk, simultaneously 

with the filing of the required 

document, an affidavit of service 

executed by any person 18 years of age 

or older or a certificate of service 

executed by an attorney-at-law qualified 

to practice before the Commission. The 

proof of service shall identify the 

persons served, state that service has 

been made, set forth the date of service, 

and recite the manner of service. 

(3) Service of orders and decisions. A 

copy of all notices, rulings, opinions, 

and orders of the Proceedings Clerk, the 

Director of the Office of Proceedings, a 

Judgment Officer, Administrative Law 

Judge, the Deputy General Counsel for 

Opinions and Review or the 

Commission shall be served by the 

Proceedings Clerk on each of the parties. 

The Commission, in its discretion and 

with due consideration for the 

convenience of the parties, may serve 

the aforementioned documents to the 

parties by electronic means. 

(b) How service is made. (1) Service 

shall be made by: 

(i) Personal service; 

(ii) First-class or a more expeditious 

form of United States mail or a similar 

commercial package delivery service; 

(iii) Fax; or 

(iv) E-mail in accordance with the 

conditions set forth in paragraph (a)(2) 

of this section. 

(v) Service shall be complete at the 

time of personal service upon deposit in 

the mail or with a commercial package 

delivery service of a properly addressed 

document for which postage or delivery 

service fees have been prepaid; or upon 

transmission by fax or e-mail. Where 

service is effected by mail or a 

commercial package delivery service 

(but not by fax or e-mail), the time 

within which the person served may 

respond thereto shall be increased by 

five (5) days. Signed documents that are 

served by e-mail attachment must be in 

PDF or other non-alterable form. For the 

purposes of this Rule, service of any 

document by the Proceedings Clerk 

upon the Commission shall be regarded 

as service by mail. 

* * * * * 

■ 3. Section 12.11 is amended by 

revising paragraphs (a) and (c) to read as 

follows: 

§ 12.11 Formalities of filing of documents 

with the Proceedings Clerk. 

(a) Number of copies. Unless 

otherwise specifically provided, or 

unless filed by fax or e-mail in 

accordance with the requirements of 

§ 12.10(a)(2), an original and one 

conformed copy of all documents shall 

be filed with the Proceedings Clerk. 

* * * * * 

(c) Format. All documents filed under 

the Reparation Rules shall be 

typewritten, printed, or, if a party is not 

represented by counsel, in plainly 

legible handwriting. Documents sent in 

hardcopy must be on good quality white 

paper, 81⁄2 by 111⁄2 inches and bound at 

the top only. Documents e-mailed in 

accordance with the requirements of 

§ 12.10(a)(2) must be in PDF or other 

non-alterable form. All documents must 

be double-spaced, except for quotations 

more than 3 lines and footnotes, both of 

which should be single-spaced. 

* * * * * 

Issued in Washington, DC, on the 8th of 

October 2008, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E8–25354 Filed 10–23–08; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 210 and 211 

[Docket No. FDA–2007–N–0379] (formerly 

Docket No. 2007N–0280) 

Amendments to the Current Good 

Manufacturing Practice Regulations for 

Finished Pharmaceuticals; Final Rule; 

Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; correction. 

SUMMARY: The Food and Drug 

Administration (FDA) is correcting a 

final rule that appeared in the Federal 

Register of Monday, September 8, 2008 

(73 FR 51919). The final rule was 

published with an inadvertent error in 

the ‘‘Analysis of Impacts’’ section. This 

document corrects that error. 

FOR FURTHER INFORMATION CONTACT: 

Diane Sullivan, Office of Policy (HF– 

26), Food and Drug Administration, 

5600 Fishers Lane, rm. 12A–11, 

Rockville, MD 20857, 301–827–7069, email: diane.sullivan@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

E8–20709, appearing on page 51919 in 

the Federal Register of Monday, 

September 8, 2008, the following 

correction is made: 

1. On page 51931, in the first column, 

under ‘‘IV. Analysis of Impacts,’’ in the 

first full paragraph, the sentence ‘‘The 

agency believes that this final rule is not 

a significant regulatory action as defined 

by the Executive order, because the rule 

either clarifies the agency’s 

longstanding interpretation of, or 

increases latitude for manufacturers in 

complying with, existing CGMP 

requirements’’ is corrected to read ‘‘The 

agency certifies that this final rule is not 

a significant regulatory action as defined 

by the Executive order, because the rule 

either clarifies the agency’s 

longstanding interpretation of, or 

increases latitude for manufacturers in 

complying with, existing CGMP 

requirements.’’ 

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