53296 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

1Rule 4.14(c) continues to require, for 

Commission action, ‘‘the affirmative concurrence of 

a majority of the participating Commissioners, 

except where a greater majority is required by 

statute or rule or where the action is taken pursuant 

to a valid delegation of authority.’’

2See Robert’s Rules of Order (10th Ed.) § 3, p. 20 

(2001) (discussing purpose of a quorum rule); 

Assure Competitive Transportation v. United 

States, 629 F.2d 467 (7th Cir. 1980), cert. denied, 

429 U.S. 1124 (1981) (quoting Robert’s Rules). We 

understand this to mean that the rule protects 

against totally unrepresentative actions in the name 

of the Commissioners able to participate in a matter. 

This does not necessarily mean that the 

participating Commissioners would reach the same 

result that the full complement of sitting 

Commissioners would have reached if they were all 

able to participate. But, if that were the test, any 

quorum rule would fail unless it required that every 

member of the body participated in every action 

taken by the body. The FTC’s revised rule, like its 

former rule, also enables Commissioners who 

oppose an agency action to try to change the minds 

of their colleagues who are inclined to support it. 

3The SEC’s rule, while it would not find a 

quorum in every situation where the FTC’s new 

rule would, does provide for quorum size to be 

reduced by recusals. That rule provides, 

the National Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a summary of the costs 

to comply with this AD and placed it in 

the AD Docket. You may get a copy of 

this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends 14 CFR part 39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2005–18–16 General Electric Company: 

Amendment 39–14256. Docket No. 

FAA–2004–18869; Directorate Identifier 

2004–NE–23–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 13, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to General Electric 

CF34–3A1 turbofan engines installed on 

Bombardier series Regional Jet Model CL–

600–2B19 (Regional Jet Series 100 and 440) 

airplanes with one or more of the HPT 

rotating components installed, listed in the 

following Table 1: 

TABLE 1.—HPT ROTATING COMPONENTS WITH LIFE LIMITS RESTORED

Part No. Nomenclature 

6078T90P01 .. Seal, Balance Piston Air. 

6017T00P05 .. Shaft, HPT Rotor. 

TABLE 1.—HPT ROTATING COMPONENTS WITH LIFE LIMITS RESTORED—Continued 

Part No. Nomenclature 

4027T15P03 .. Plate, Stage 1 Front Cooling. 

6078T93P01 .. Disk, Stage 1 Turbine. 

6078T93P02 .. Disk, Stage 1 Turbine. 

5041T70P03 .. Plate, Stage 1 Aft Cooling. 

5023T97P03 .. Plate, Stage 2 Rear Cooling. 

6078T94P01 .. Disk, Stage 2 Turbine. 

6078T94P02 .. Disk, Stage 2 Turbine. 

5042T29P02 .. Plate, Stage 2 Front Cooling. 

5041T67P02 .. Coupling, Outer Torque. 

5079T02P01 .. Coupling, Inner Torque. 

Unsafe Condition 

(d) This AD results from the discovery that 

the manufacturer removed the HPT rotating 

component part numbers, listed in Table 1 of 

this AD, from the HPT Life Limits section of 

the CF34 Engine Manual, SEI–756. We view 

this as a change to the life limit of the part, 

removing the type design life limit and 

imposing an unlimited life on the part. We 

are issuing this AD to re-impose life limits on 

the HPT rotating components with part 

numbers listed in Table 1 of this AD to 

prevent LCF cracking and failure of those 

components, which could result in 

uncontained engine failure and damage to 

the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

(f) Remove from service the HPT rotating 

components listed in Table 1 of this AD 

before exceeding the life limit of 6,000 

cycles-since-new. 

Alternative Methods of Compliance 

(g) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(h) GE Temporary Revision No. 05–0073, 

and Temporary Revision No. 05–0074, for 

CF34 Engine Manual, SEI–756, also pertain 

to the subject of this AD. 

Issued in Burlington, Massachusetts, on 

August 31, 2005. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–17761 Filed 9–7–05; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 4 

Quorums 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

Commission is amending § 4.14(b) of its 

Rules of Practice to provide that the 

number of Commissioners needed for a 

quorum will be a majority of those 

sitting and not recused in a matter. 

DATES: Effective Date: This amendment 

is effective September 8, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Marc Winerman, Attorney, Office of the 

General Counsel, 202–326–2451. 

SUPPLEMENTARY INFORMATION: The 

Commission is revising Rule 4.14(b) of 

its rules of practice. The former rule 

defined a quorum as ‘‘a majority of the 

members of the Commission.’’ The 

revised rule defines a quorum as ‘‘[a] 

majority of the members of the 

Commission in office and not recused 

from participating in a matter (by virtue 

of 18 U.S.C. 208 or otherwise).’’ 1 The 

amendment will allow the Commission 

to act in more situations than did its 

former rule. 

While the Commission’s former rule 

reflected the ‘‘almost universally 

accepted common-law rule’’ respecting 

quorums, FTC v. Flotill Products, Inc., 

389 U.S. 179, 183–84 (1967), that 

common-law rule (or, more precisely, 

the common-law rule that applies in the 

absence of an express statutory 

provision), does not prevent the 

adoption of a different quorum rule. 

Falcon Trading Group, Ltd. v. SEC, 102 

F.3d 579, 582 (D.C. Cir. 1996). The 

FTC’s new rule, like its predecessor, 

protects against ‘‘totally 

unrepresentative action in the name of 

the body by an unduly small number of 

persons.’’ 2 Further, in reducing quorum 

numbers by virtue of recusals as well as 

vacancies, the FTC is following the 

approach taken by the SEC in 1995.3

Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 53297 

A quorum * * * shall consist of three members; 

provided, however, that if the number of 

Commissioners in office is less than three, a 

quorum shall consist of the number of members in 

office; and provided further that on any matter of 

business as to which the number of members in 

office, minus the number of members who either 

have disqualified themselves from consideration of 

such matter pursuant to § 200.60 or are otherwise 

disqualified from such consideration, is two, two 

members shall constitute a quorum for purposes of 

such matter. 

17 CFR 200.41. See also Falcon Trading Group, 

supra (upholding rule, in a matter decided by two 

Commissioners when the SEC’s other three seats 

were vacant, as an exercise of the SEC’s general 

rulemaking authority). Cf. SEC v. Feminella, 947 F. 

Supp. 722, 725–27 (S.D.N.Y. 1996) (also upholding 

the rule, but treating it as a delegation). 

The Administrative Procedure Act 

does not require prior public notice and 

comment on this amendment because it 

relates solely to a rule of agency 

organization, procedure or practice. 5 

U.S.C. 553(b)(A). For this reason, the 

Regulatory Flexibility Act also does not 

require an initial or final regulatory 

flexibility analysis. See 5 U.S.C. 603, 

604. The revision does not involve the 

collection of information subject to the 

Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. 

List of Subjects in 16 CFR Part 4 

Administrative practice and 

procedure, Freedom of Information Act, 

Privacy Act, Sunshine Act. 

■ For the reasons set forth in the 

preamble, the Federal Trade 

Commission amends Title 16, Chapter 1, 

Subchapter A, of the Code of Federal 

Regulations, as follows: 

PART 4—MISCELLANEOUS RULES 

■ 1. The authority citation for Part 4 

continues to read as follows: 

Authority: 15 U.S.C. 46, unless otherwise 

noted. 

■ 2. Revise § 4.14(b) to read as follows: 

§ 4.14. Conduct of business. 

* * * * * 

(b) A majority of the members of the 

Commission in office and not recused 

from participating in a matter (by virtue 

of 18 U.S.C. 208 or otherwise) 

constitutes a quorum for the transaction 

of business in that matter. 

* * * * * 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 05–17856 Filed 9–7–05; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[T.D. TTB–32; Re: Notice No. 30] 

RIN 1513–AA67 

Expansion of the Russian River Valley 

Viticultural Area (2003R–144T) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: This Treasury decision 

expands by 30,200 acres the existing 

Russian River Valley viticultural area in 

Sonoma County, California, to a total of 

126,600 acres. We designate viticultural 

areas to allow vintners to better describe 

the origin of their wines and to allow 

consumers to better identify wines they 

may purchase. 

DATES: Effective October 11, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Sutton, Regulations and 

Procedures Division, Alcohol and 

Tobacco Tax and Trade Bureau, 925 

Lakeville St., No. 158, Petaluma, 

California 94952; telephone (415) 271–

1254. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (the FAA Act, 27 

U.S.C. 201 et seq.) requires that alcohol 

beverage labels provide the consumer 

with adequate information regarding a 

product’s identity and prohibits the use 

of misleading information on such 

labels. The FAA Act also authorizes the 

Secretary of the Treasury to issue 

regulations to carry out its provisions. 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) administers these 

regulations. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region 

distinguishable by geographical 

features, the boundaries of which have 

been recognized and defined in part 9 

of the regulations. These designations 

allow vintners and consumers to 

attribute a given quality, reputation, or 

other characteristic of a wine made from 

grapes grown in an area to its 

geographic origin. The establishment of 

viticultural areas allows vintners to 

describe more accurately the origin of 

their wines to consumers and helps 

consumers to identify wines they may 

purchase. Establishment of a viticultural 

area is neither an approval nor an 

endorsement by TTB of the wine 

produced in that area. 

Requirements 

Section 4.25(e)(2) of the TTB 

regulations outlines the procedure for 

proposing an American viticultural area 

and provides that any interested party 

may petition TTB to establish a grapegrowing region as a viticultural area. 

Section 9.3(b) of the TTB regulations 

requires the petition to include—

• Evidence that the proposed 

viticultural area is locally and/or 

nationally known by the name specified 

in the petition; 

• Historical or current evidence that 

supports setting the boundary of the 

proposed viticultural area as the 

petition specifies; 

• Evidence relating to the 

geographical features, such as climate, 

soils, elevation, and physical features, 

that distinguish the proposed 

viticultural area from surrounding areas; 

• A description of the specific 

boundary of the proposed viticultural 

area, based on features found on United 

States Geological Survey (USGS) maps; 

and 

• A copy of the appropriate USGS 

map(s) with the proposed viticultural 

area’s boundary prominently marked. 

Russian River Valley Petition and 

Rulemaking 

General Background 

TTB received a petition from the 

Russian River Valley Winegrowers, a 

wine industry association based in 

Fulton, California, proposing a 30,200- 

acre expansion of the established 

96,000-acre Russian River Valley 

viticultural area (27 CFR 9.66). The 

viticultural area, located in central 

Sonoma County, California, is about 50 

miles north of San Francisco. 

Currently, the Russian River Valley 

viticultural area boundary surrounds 

areas north and west of Santa Rosa, 

north of Sebastopol, east of the 

Bohemian Highway (about 7 miles 

inland from the Pacific coast), and south 

of Healdsburg. 

This viticultural area also 

encompasses all of the Chalk Hill