53640 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 

1See: http://www.sba.gov/idc/groups/public/ 

documents/sba_homepage/serv_sstd_tablepdf.pdf. 

maintain, and test scales according to 

the requirements of the 2009 edition of 

NIST Handbook 44, and use scales that 

are in good condition and equipped 

with a printing device to record weight 

values. Since regulated entities are 

required under State law to comply with 

NIST Handbook 44, there are no new 

costs or burden to comply. 

Executive Order 12866 and Regulatory 

Flexibility Act 

The Office of Management and Budget 

(OMB) has designated this rule as not 

significant for the purposes of Executive 

Order 12866. 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), GIPSA has 

considered the economic impact of this 

action on small entities. The purpose of 

the RFA is to fit regulatory actions to the 

scale of businesses subject to such 

actions in order that small businesses 

will not be unduly or disproportionately 

burdened. 

The Small Business Administration 

(SBA) defines small businesses by their 

North American Industry Classification 

System Codes (NAICS).1 This final rule 

affects swine contractors, most of which 

are either slaughterers or processors of 

swine with more than 500 employees 

(NAICS code 311611), or are producers 

with more than $750,000 in annual sales 

(NAICS code 112210), and do not meet 

the applicable size standards for small 

entities under the Small Business Act 

(13 CFR 121.201). Therefore, we have 

determined that this final rule will not 

have a significant economic impact on 

a substantial number of small entities as 

defined in the RFA and are not 

providing an initial regulatory flexibility 

analysis. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. These actions are not 

intended to have retroactive effect. This 

final rule will not pre-empt state or local 

laws, regulations, or policies, unless 

they present an irreconcilable conflict 

with this rule. There are no 

administrative procedures that must be 

exhausted prior to any judicial 

challenge to the provisions of this final 

rule. 

Paperwork Reduction Act 

This final rule does not contain new 

or amended information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). It does not involve collection of 

new or additional information by the 

federal government. 

E-Government Act Compliance 

GIPSA is committed to complying 

with the E-Government Act, to promote 

the use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

List of Subjects in 9 CFR Part 201 

Swine, Hogs, Livestock, Measurement 

standards, Incorporation by reference. 

■ For the reasons set forth in the 

preamble, we amend 9 CFR part 201 to 

read as follows: 

PART 201—REGULATIONS UNDER 

THE PACKERS AND STOCKYARDS 

ACT 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 7 U.S.C. 181–229c. 

■ 2. In § 201.71, paragraphs (a), (b) and 

(d) are revised to read as follows: 

§ 201.71 Scales; accurate weights, repairs, 

adjustments or replacements after 

inspection. 

(a) All scales used by stockyard 

owners, swine contractors, market 

agencies, dealers, packers, and live 

poultry dealers to weigh livestock, 

livestock carcasses, live poultry, or feed 

for the purposes of purchase, sale, 

acquisition, payment, or settlement 

shall be installed, maintained, and 

operated to ensure accurate weights. 

Such scales shall meet applicable 

requirements contained in the General 

Code, Scales Code, and Weights Code of 

the 2009 edition of the National 

Institute of Standards and Technology 

(NIST) Handbook 44, ‘‘Specifications, 

Tolerances, and Other Technical 

Requirements for Weighing and 

Measuring Devices,’’ which is hereby 

incorporated by reference. This 

incorporation by reference was 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. These 

materials are incorporated as they exist 

on the date of approval and a notice of 

any change in these materials will be 

published in the Federal Register. All 

approved material is available for 

inspection at the National Archives and 

Records Administration (NARA). For 

more 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. Also, it is available 

for inspection at USDA, GIPSA, P&SP, 

1400 Independence Ave., SW., 

Washington, DC 20250, (202) 720–7363. 

The handbook is for sale by the National 

Conference of Weights & Measures 

(NCWM), 1135 M Street, Suite-110, 

Lincoln, Nebraska, 68508. Information 

on these materials may be obtained from 

NCWM by calling 402–434–4880, by 

e-mailing nfo@ncwm.net, or on the 

Internet at http://www.nist.gov/owm. 

(b) All scales used by stockyard 

owners, swine contractors, market 

agencies, dealers, packers, and live 

poultry dealers to weigh livestock, 

livestock carcasses, live poultry, or feed 

for the purpose of purchase, sale, 

acquisition, payment, or settlement of 

livestock or live poultry and all scales 

used for the purchase, sale acquisition, 

payment, or settlement of livestock on a 

carcass weight basis shall be equipped 

with a printing device which shall 

record weight values on a scale ticket or 

other document. 

* * * * * 

(d) No scales shall be operated or used 

by any stockyard owners, swine 

contractors, market agencies, dealers, 

packers, or live poultry dealers to weigh 

livestock, livestock carcasses, live 

poultry, or feed for the purposes of 

purchase, sale, acquisition, payment, or 

settlement of livestock, livestock 

carcasses or live poultry unless it has 

been found upon test and inspection, as 

specified in § 201.72, to be in a 

condition to give accurate weight. If a 

scale is inspected or tested and 

adjustments or replacements are made 

to a scale, it shall not be used until it 

has been inspected and tested and 

determined to meet all accuracy 

requirements specified in the 

regulations in this section. 

Alan R. Christian, 

Acting Administrator, Grain Inspection, 

Packers and Stockyards Administration. 

[FR Doc. E9–25040 Filed 10–19–09; 8:45 am] 

BILLING CODE 3410–KD–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2009–BT–TP–0020] 

RIN 1904–AC09 

Energy Conservation Program: Repeal 

of Test Procedures for Televisions 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Energy (DOE) repeals the regulatory 


cprice-sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 53641 

1This part was originally titled Part B; however, 

it was redesignated Part A after Part B was repealed 

by Public Law 109–58. 

provisions establishing the test 

procedure for televisions under the 

Energy Policy and Conservation Act 

(EPCA). The test procedure has been 

made obsolete by the transition from 

analog to digital television in the United 

States, effective June 13, 2009. 

DATES: Effective Date: This rule is 

effective October 20, 2009. 

ADDRESSES: The public may review 

copies of all materials related to this 

rulemaking at the U.S. Department of 

Energy, Resource Room of the Building 

Technologies Program, 950 L’Enfant 

Plaza, SW., Suite 600, Washington, DC 

(202) 586–2945, between 9 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Ron 

Lewis, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 950 

L’Enfant Plaza, SW., Room 6057, 

Washington, DC 20585–0121, (202) 586– 

8423, e-mail: Ronald.Lewis@ee.doe.gov. 

Eric Stas, Esq., GC–72, U.S. 

Department of Energy, Office of General 

Counsel, 1000 Independence Avenue, 

SW., Washington, DC 20585, (202) 586– 

5827, e-mail: Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Discussion 

III. Procedural Requirements 

A. Executive Order 12866 

B. Administrative Procedure Act 

C. National Environmental Policy Act 

D. Regulatory Flexibility Act 

E. Paperwork Reduction Act 

F. Unfunded Mandates Reform Act of 1995 

G. Treasury and General Government 

Appropriations Act, 1999 

H. Executive Order 13132 

I. Executive Order 12988 

J. Treasury and General Government 

Appropriations Act, 2001 

K. Executive Order 13211 

L. Executive Order 12630 

M. Section 32 of the Federal Energy 

Administration Act of 1974 

N. Congressional Notification 

IV. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

Conservation Act (42 U.S.C. 6291 et 

seq.; EPCA) sets forth a variety of 

provisions designed to improve energy 

efficiency. Part A 1 of title III (42 U.S.C. 

6291–6309) establishes the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles.’’ The 

consumer products subject to this 

program (hereafter ‘‘covered products’’) 

include televisions. Under EPCA, the 

overall program consists essentially of 

testing, labeling, and Federal energy 

conservation standards. 

Section 323 of EPCA (42 U.S.C. 6293) 

sets forth generally applicable criteria 

and procedures for DOE’s adoption and 

amendment of test procedures. It states, 

for example, that ‘‘[a]ny test procedures 

prescribed or amended under this 

section shall be reasonably designed to 

produce test results which measure 

energy efficiency, energy use, * * * or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use, as 

determined by the Secretary [of Energy], 

and shall not be unduly burdensome to 

conduct.’’ (42 U.S.C. 6293(b)(3)) 

Manufacturers of covered products must 

use test procedures prescribed under 

EPCA as the basis for establishing and 

certifying to DOE that their products 

comply with energy conservation 

standards adopted under EPCA. (42 

U.S.C. 6295(s)) 

EPCA also specifies that State law 

providing for the disclosure of 

information with respect to any measure 

of energy consumption is superseded to 

the extent that such law requires testing 

or the use of any measure of energy 

consumption or energy descriptor in 

any manner other than provided under 

section 323 of EPCA. (42 U.S.C. 

6297(a)(1)(A); 42 U.S.C. 6297(f)(3)(G)) 

Therefore, in the absence of a Federal 

test procedure or accompanying 

conservation standard, States may 

prescribe their own test procedures and 

standards pursuant to applicable State 

law. Id. 

II. Discussion 

The existing test procedure to 

measure the energy efficiency of 

television sets is codified at 10 CFR 

430.23(h) and 10 CFR Subpart B, 

Appendix H, and the sampling plan, 

that is, the specific requirements for the 

number of units to be tested, is set forth 

at 10 CFR 430.24(h). 

The existing test procedure is 

appropriate for measuring the energy 

efficiency of only analog television sets. 

In the Digital Television Transition and 

Public Safety Act of 2005, 47 U.S.C. 309 

note, as amended by the DTV Delay Act 

of 2009, 47 U.S.C. 609 note, Congress 

directed the Federal Communications 

Commission to terminate all licenses for 

full-power television stations in the 

analog television service, and to require 

the cessation of broadcasting by fullpower stations in the analog television 

service, by June 13, 2009. Given that the 

June 2009 deadline set by Congress for 

the transition to digital television has 

passed, the existing test procedure and 

sampling plan are obsolete. 

Regulatory definitions of ‘‘television 

set’’, ‘‘color television set’’, and 

‘‘monochrome television set’’ are set 

forth at 10 CFR 430.2. ‘‘Television set’’ 

is defined simply as ‘‘a color television 

set or a monochrome television set’’. 

‘‘Color television set’’ is defined as ‘‘an 

electrical device designed to convert 

incoming broadcast signals into color 

television pictures and associated 

sound’’, and ‘‘monochrome television 

set’’ is defined as ‘‘an electrical device 

designed to convert incoming broadcast 

signals into monochrome television 

pictures and associated sound’’. The 

definitions are not affected by the 

transition from analog to digital 

television in the United States because 

the broadcast signals they reference 

encompass both analog and digital 

signals. 

The Department of Energy received 

petitions from the California Energy 

Commission (Commission or CEC) and 

the Consumer Electronics Association 

(CEA) related to the existing television 

test procedure. The Commission 

petitioned for repeal of the regulatory 

provisions establishing the test 

procedure and defining ‘‘television set’’. 

CEA petitioned for replacement of the 

existing test procedure with the test 

procedure adopted by the International 

Electrochemical Commission, IEC 

62087–2008(E), published in September 

2008. 

In response to these petitions, and as 

a result of the transition to digital 

television discussed above, DOE is 

repealing the existing television test 

procedure and the regulatory provision 

specifying requirements for the number 

of units to be tested pursuant to the test 

procedure (i.e., the sampling plan). DOE 

will maintain the regulatory definitions 

because they continue to be appropriate 

notwithstanding the transition to digital 

television, and because television sets 

are listed as a covered product in EPCA. 

(42 U.S.C. 6292(12)) 

DOE will soon begin a rulemaking 

process to establish a new Federal test 

procedure and a new Federal energyefficiency standard for televisions. In 

establishing a new test procedure, DOE 

will give serious consideration to the 

suggestion made by CEA that DOE adopt 

IEC 62087–2008(E). 

III. Procedural Requirements 

A. Executive Order 12866 

Today’s regulatory action is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 


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53642 Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (October 4, 1993). 

Accordingly, this action was not subject 

to review under that Executive Order by 

the Office of Information and Regulatory 

Affairs (OIRA) of the Office of 

Management and Budget (OMB). 

B. Administrative Procedure Act 

The Department of Energy finds good 

cause to waive notice and comment on 

these regulations pursuant to 5 U.S.C. 

533(b)(B), and the 30-day delay in 

effective date pursuant to 5 U.S.C. 

553(d). Notice and comment are 

unnecessary and contrary to the public 

interest because this final rule is 

repealing a test procedure that has been 

made obsolete by act of Congress. A 

delay in effective date is unnecessary 

and contrary to the public interest for 

these same reasons. Therefore, these 

regulations are being published as final 

regulations and are effective October 20, 

2009. 

C. National Environmental Policy Act 

DOE has determined that this rule 

falls into a class of actions that are 

categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and DOE’s implementing 

regulations at 10 CFR part 1021. This 

rule amends an existing rule without 

changing its environmental effect, and, 

therefore, is covered by the Categorical 

Exclusion A5 found in appendix A to 

subpart D, 10 CFR part 1021. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that must be 

proposed for public comment, unless 

the agency certifies that the rule will 

have no significant economic impact on 

a substantial number of small entities. 

As required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site at http:// 

www.gc.doe.gov. Because a notice of 

proposed rulemaking is not required 

under the Administrative Procedure Act 

or other applicable law, the Regulatory 

Flexibility Act does not require 

certification or the conduct of a 

regulatory flexibility analysis for this 

rule. 

E. Paperwork Reduction Act 

This rulemaking imposes no new 

information or recordkeeping 

requirements. Accordingly, OMB 

clearance is not required under the 

Paperwork Reduction Act. (44 U.S.C. 

3501 et seq.) 

F. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments and the private sector. For 

proposed regulatory actions likely to 

result in a rule that may cause 

expenditures by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish estimates of the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a), (b)) 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate.’’ UMRA 

also requires an agency plan for giving 

notice and opportunity for timely input 

to small governments that may be 

affected before establishing a 

requirement that might significantly or 

uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA (62 FR 12820) (also available at 

http://www.gc.doe.gov). Today’s final 

rule contains neither an 

intergovernmental mandate nor a 

mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

G. Treasury and General Government 

Appropriations Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s rule would have no impact on 

the autonomy or integrity of the family 

as an institution. Accordingly, DOE has 

concluded that it is unnecessary to 

prepare a Family Policymaking 

Assessment. 

H. Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

executive order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. DOE has 

examined this final rule and determined 

that it would not preempt State law and 

would have no substantial direct effect 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Executive 

Order 13132 requires no further action. 

I. Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity, (2) write 

regulations to minimize litigation, (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard, and (4) promote simplification 

and burden reduction. Regarding the 

review required by section 3(a), section 

3(b) of Executive Order 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation (1) clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

sections 3(a) and 3(b) to determine 

whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this rule meets 

the relevant standards of Executive 

Order 12988. 


cprice-sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 201 / Tuesday, October 20, 2009 / Rules and Regulations 53643 

J. Treasury and General Government 

Appropriations Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516 note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed today’s notice under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB a Statement 

of Energy Effects for any proposed 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation a final 

rule, and that (1) is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s regulatory 

action is not a significant regulatory 

action under Executive Order 12866 or 

any successor order; would not have a 

significant adverse effect on the supply, 

distribution, or use of energy; and has 

not been designated by the 

Administrator of OIRA as a significant 

energy action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

L. Executive Order 12630 

Pursuant to Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 15, 1988), 

DOE has determined that this rule 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

M. Section 32 of the Federal Energy 

Administration Act of 1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91), the Department of Energy must 

comply with section 32 of the Federal 

Energy Administration Act of 1974 

(Pub. L. 93–275), as amended by the 

Federal Energy Administration 

Authorization Act of 1977 (Pub. L. 95– 

70). (15 U.S.C. 788) Section 32 provides 

that where a proposed rule authorizes or 

requires use of commercial standards, 

the notice of proposed rulemaking must 

inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the Department of Justice 

and the Federal Trade Commission 

concerning the impact of the 

commercial or industry standards on 

competition. This final rule to repeal the 

test procedure for determining the 

energy efficiency of television sets does 

not authorize or require the use of any 

commercial standards. Therefore, no 

consultation with either DOJ or FTC is 

required. 

N. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on October 2, 

2009. 

Henry Kelly, 

Principal Deputy Assistant Secretary, Energy 

Efficiency and Renewable Energy. 

■ For the reasons stated in the preamble, 

part 430 of chapter II of title 10, Code 

of Federal Regulations, is amended as 

set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for Part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

§ 430.23 [Amended] 

■ 2. Section 430.23 is amended by 

removing and reserving paragraph (h). 

§ 430.24 [Amended] 

■ 3. Section 430.24 is amended by 

removing and reserving paragraph (h). 

Appendix H [Removed and Reserved] 

■ 4. Appendix H to subpart B of part 

430 is removed and reserved. 

[FR Doc. E9–25170 Filed 10–19–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 91, and 141 

[Docket No. FAA–2006–26661; Amendment 

Nos. 61–124A, 91–309A, and 141–12A] 

RIN 2120–AI86 

Pilot, Flight Instructor, and Pilot 

School Certification; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Aviation 

Administration (FAA) is making several 

corrections to its ‘‘Pilot, Flight 

Instructor, and Pilot School 

Certification’’ final rule published in the 

Federal Register on August 21, 2009. 

The FAA corrections include 

standardizing certain part 61 time 

period durations from ‘‘60 days’’ to now 

read ‘‘2 calendar months.’’ We are also 

correcting an omission and errors to the 

prerequisite eligibility requirements for 

use of flight simulators. Additionally, 

we are correcting the duration of a 

student pilot certificate to 60 calendar 

months for a student pilot seeking a 

sport pilot certificate. Finally, we are 

correcting a sentence in the preamble to 

conform with the final rule regarding 

the use of flight training devices. 

DATES: These corrections are effective 

on October 20, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

D. Lynch, Certification and General 

Aviation Operations Branch, AFS–810, 

General Aviation and Commercial 

Division, Flight Standards Service, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3844; e-mail to 

john.d.lynch@faa.gov. 

For legal interpretative questions 

about this final rule, contact: Michael 

Chase, AGC–240, Office of Chief 

Counsel, Regulations Division, Federal 


cprice-sewell on DSKGBLS3C1PROD with RULES