22094 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On March 2, 2009, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to establish Class 

E airspace at Rushville, NE, adding 

controlled airspace at Modisett Airport, 

Rushville, NE. (74 FR 9053, Docket No. 

FAA–2009–0120). Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9S 

signed October 3, 2008, and effective 

October 31, 2008, which is incorporated 

by reference in 14 CFR Part 71.1. The 

Class E airspace designations listed in 

this document will be published 

subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace at 

Rushville, NE, adding controlled 

airspace at Modisett Airport, Rushville, 

NE, for the safety and management of 

IFR aircraft operations. 

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 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 U.S. Code. Subtitle 1, 

Section 106, describes the authority of 

the FAA Administrator. 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 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 adds 

controlled airspace at Modisett Airport, 

Rushville, NE. 

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 14 CFR 

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 Part 71.1 of the Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface 

* * * * * 

ACE NE E5 Rushville, NE [New] 

Rushville, Modisett Airport, NE 

(Lat. 42°44′12′′ N., long. 102°26′40′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.3-mile 

radius of Modisett Airport. 

* * * * * 

Issued in Fort Worth, TX, on April 24, 

2009. 

Roger M. Trevino, 

Acting Manager, Operations Support Group, 

Central Service Center. 

[FR Doc. E9–10989 Filed 5–11–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 361 

[Docket Number: 090416682–9683–01] 

Mexican Cement Import Licensing 

System 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final rule; removal of 

regulations. 

SUMMARY: The Department of Commerce 

is removing its Mexican Cement Import 

Licensing (‘‘MCILS’’) regulations 

currently published at 19 CFR Part 361. 

This action is being taken pursuant to 

provisions of the Agreement Between 

the Office of the United States Trade 

Representative and the Department of 

Commerce of the United States of 

America and the Ministry of Economy 

of the United Mexican States (Secretaria 

de Economia) on Trade in Cement 

(‘‘Cement Agreement’’), signed March 6, 

2006. The Cement Agreement was 

terminated at 11:59 p.m. on March 31, 

2009. Accordingly, the MCILS will no 

longer be necessary. 

DATE: Effective Date: May 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sally C. Gannon, (202) 482–0162 or 

Judith Wey Rudman, (202) 482–0192. 

SUPPLEMENTARY INFORMATION: On March 

6, 2006, the Office of the United States 

Trade Representative (‘‘USTR’’) and the 

United States Department of Commerce 

(‘‘Commerce’’) entered into an 

agreement with the Secretaria de 

Economia of Mexico pertaining to 

imports of gray portland cement and 

clinker from Mexico (‘‘Mexican 

Cement’’). The Cement Agreement 

provided for the settlement or 

suspension of ongoing litigation before 

North American Free Trade Agreement 

and World Trade Organization panels 

challenging various antidumping duty 

determinations involving Mexican 

Cement. Pursuant to the terms of the 

Cement Agreement, on February 28, 

2007, Import Administration (‘‘IA’’) 

issued a rule to add new regulations 

implementing the MCILS. This rule 

required all importers of cement from 

Mexico covered by the scope of the 

Cement Agreement to obtain an import 

license from the Department prior to 

completing their U.S. Customs and 

Border Protection entry summary 

documentation. IA used the information 

recorded via the MCILS to monitor 

compliance with the Cement 

Agreement. The Cement Agreement also 

provided that if all interested parties 

had abided by its terms, Commerce 

would terminate the Cement Agreement 

on March 31, 2009, and would revoke 

the underlying antidumping duty order. 

All obligations of the Cement 

Agreement were fulfilled; therefore, 

Commerce has terminated the Cement 

Agreement, and revoked the underlying 

antidumping duty order through a 

notice entitled Gray Portland Cement 

and Clinker from Mexico: Final Results 

of Changed-Circumstances Review, 


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Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 22095 

Revocation of Antidumping Duty Order, 

and Termination of Five-Year (Sunset) 

Review of Antidumping Duty Order 

published in the Federal Register on 

April 6, 2009 (74 FR 15435). As a result, 

the MCILS is no longer necessary and 

Commerce is removing the regulations 

pertaining to it. Commerce will also 

discontinue the associated collection-ofinformation authorization provided by 

the Office of Management and Budget 

under Control Number 0625–0259. 

Classification 

Executive Order 12866: This action 

has been determined to be not 

significant under E.O. 12866. 

Administrative Procedure Act: The 

Department of Commerce finds good 

cause under 5 U.S.C. 553(b)(B) to waive 

prior notice and opportunity for public 

comment as it is contrary to the public 

interest. The regulations implementing 

the MCILS required all importers of 

cement from Mexico covered by the 

scope of the Cement Agreement to 

obtain an import license from the 

Department through the MCILS prior to 

completing their U.S. Customs and 

Border Protection entry summary 

documentation. IA used the information 

recorded via the MCILS to monitor 

compliance with the Cement 

Agreement. The Cement Agreement 

provided that if all interested parties 

had abided by its terms, Commerce 

would terminate the Cement Agreement 

on March 31, 2009, and would revoke 

the underlying antidumping duty order. 

All obligations of the Cement 

Agreement were fulfilled; therefore, 

Commerce terminated the Cement 

Agreement on the agreed upon date. 

Commerce also revoked the underlying 

antidumping duty order effective April 

1, 2009. See 74 FR 15435. Accordingly, 

it is no longer necessary to collect 

licensing information via the MCILS, 

and is therefore in the public interest to 

discontinue regulations requiring 

importers to use, and for IA to maintain, 

the MCILS. If the Department continued 

to allow the operation of the MCILS, the 

public would be unduly burdened by 

the MCILS regulations. For the above 

reasons, the Department waives the 

notice and comment rulemaking 

requirements of 5 U.S.C. 553(b)(B) and 

issues this rule in final form. 

The Department of Commerce finds 

good cause under 5 U.S.C. 553(d)(1) to 

waive the 30-day delay in effectiveness 

as this rule relieves a restriction. This 

rule removes the regulations requiring 

all importers of cement from Mexico 

covered by the scope of the Cement 

Agreement to obtain an import license 

from the Department prior to 

completing their U.S. Customs and 

Border Protection entry summary 

documentation because it is no longer 

necessary to collect this information. 

Pursuant to the terms of the Agreement, 

the Department terminated the Cement 

Agreement on March 31, 2009, and 

revoked the underlying antidumping 

duty order effective April 1, 2009. See 

74 FR 15435. Because it is no longer 

necessary to collect the information 

through the MCILS, the Department 

discontinues the MCILS, and removes 

the related implementing regulations 

through this final rule. The removal of 

the MCILS regulations constitutes a 

relief of a restriction as importers of 

cement from Mexico would no longer be 

required to obtain an import license 

from the Department. In order to 

implement this action immediately, the 

Department makes this rule effective 

upon publication. 

Regulatory Flexibility Act: Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis is not required and 

has not been prepared. 

List of Subjects in 19 CFR Part 361 

Mexican Cement Import Licensing 

System. 

■ Accordingly, pursuant to 13 U.S.C. 

301(a) and 302, and section XI of the 

Cement Agreement, the Department is 

removing 19 CFR Part 361 in its 

entirety. 

Dated: May 4, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–10955 Filed 5–11–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0106] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Temporary Change of Dates 

for Recurring Marine Events in the 

Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the enforcement 

period of special local regulations for 

recurring marine events in the Fifth 

Coast Guard District. These regulations 

apply to only five recurring marine 

events that conduct on-water activities 

such as power boat races, swimming 

competitions, and harbor celebrations. 

Special local regulations are necessary 

to provide for the safety of life on 

navigable waters during the events. This 

action is intended to restrict vessel 

traffic in portions of the Chester River, 

MD; Rappahannock River, VA; Elizabeth 

River, Southern Branch, VA; North 

Atlantic Ocean, Ocean City, MD; and 

Pasquotank, River, Elizabeth, NC during 

each event. 

DATES: Effective May 15, 2009, through 

July 12, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0106 and are 

available online by going to http:// 

www.regulations.gov, selecting the 

Advanced Docket Search option on the 

right side of the screen, inserting USCG– 

2009–0106 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Dennis Sens, Project Manager, 

Fifth Coast Guard District, Prevention 

Division, at 757–398–6204 or e-mail at 

Dennis.M.Sens@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On March 25, 2009, we published a 

notice of proposed rulemaking (NPRM) 

entitled Special Local Regulation for 

Marine Events; Temporary Change of 

Dates for Recurring Marine Events in the 

Fifth Coast Guard District in the Federal 

Register (74 FR 12769). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. The necessary information 

regarding change of dates for these 


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