Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Rules and Regulations 28441 

A, dated March 20, 2009 (ASB), paragraph 

3.A. 

Note 1: Figure 1 of the ASB contains 

guidance for removal and installation of the 

studs 

(2) Visually inspect the tapped holes and 

the MGB housing lockring counterbore for 

damage. If you find damage in the tapped 

holes or in the MGB housing lockring 

counterbore, contact the Boston Aircraft 

Certification Office for an approved repair. 

(3) Install steel studs and mark the MGB 

housing as ‘‘TS–062–01’’ near the P/N by 

following the Accomplishment Instructions 

in the ASB, paragraph 3.C. 

(b) Within 10 hours time-in-service, for all 

helicopters regardless of MGB housing 

assembly P/N: 

(1) Revise the Normal and Emergency 

procedures sections of the Rotorcraft Flight 

Manual (RFM) by making the following 

changes, approved May 13, 2009: 

RFM Remove Remove Insert 

SA S92A–RFM–000 

Part I.

Temporary Revision (T-Rev) No. 

1, Revised Main Gearbox 

Emergency Procedure.

Page 2–12, and Sub-Section 7 

‘‘Gear Box Malfunctions’’ from 

Section III.

Page 2–12, and Sub-Section 7 ‘‘Gear Box 

Malfunctions’’ from Section III of SA S92A– 

RFM–000, Revision No. 4. 

SA S92A–RFM–002 

Part I.

T-Rev No. 5, Revised Main Gearbox Emergency Procedure.Page 2–13, and Sub-Section 7 

‘‘Gear Box Malfunctions’’ from 

Section III.

Page 2–13, and Sub-Section 7 ‘‘Gear Box 

Malfunctions’’ from Section III of SA S92A– 

RFM–002, Revision No. 10. 

SA S92A–RFM–003 

Part I.

T-Rev No. 4, Revised Main Gearbox Emergency Procedure.Page 2–13, and Sub-Section 7 

‘‘Gear Box Malfunctions’’ from 

Section III.

Page 2–13, and Sub-Section 7 ‘‘Gear Box 

Malfunctions’’ from Section III of SA S92A– 

RFM–003, Revision No. 10. 

SA S92A–RFM–004 

Part I.

T-Rev No. 4, Revised Main Gearbox Emergency Procedure.Page 2–12, and Sub-Section 7 

‘‘Gear Box Malfunctions’’ from 

Section III.

Page 2–12, and Sub-Section 7 ‘‘Gear Box 

Malfunctions’’ from Section III of SA S92A– 

RFM–004, Revision No. 8. 

SA S92A–RFM–005 

Part I.

T-Rev No. 3, Revised Main Gearbox Emergency Procedure.Page 2–13, and Sub-Section 7 

‘‘Gear Box Malfunctions’’ from 

Section III.

Page 2–13, and Sub-Section 7 ‘‘Gear Box 

Malfunctions’’ from Section III of SA S92A– 

RFM–005, Revision No. 7. 

SA S92A–RFM–006 

Part I.

T-Rev No. 2, Revised Main Gearbox Emergency Procedure.Page 2–13, and Sub-Section 7 

‘‘Gear Box Malfunctions’’ from 

Section III.

Page 2–13, and Sub-Section 7 ‘‘Gear Box 

Malfunctions’’ from Section III of SA S92A– 

RFM–006, Revision No. 8. 

S92A–RFMS No. 3 ...... N/A ................................................ Sub-Section 7 ‘‘Gear Box Malfunctions’’ from Section III.Sub-Section 7 ‘‘Gear Box Malfunctions’’ from 

Section III of S92A-RFM Supplement No. 

3, Revision No. 2. 

All paragraphs of subsection 7 ‘‘Gear Box Malfunctions’’ starting with paragraph 7.0 are affected. 

Note 2: Inserting the following revisions, 

approved on May 13, 2009, and their 

associated Errata Sheets, dated June 4, 2009, 

into the RFM, as applicable, satisfies the 

requirements of this AD: 

(i) SA S92A–RFM–000 Revision No. 4, 

(ii) SA S92A–RFM–002 Revision No. 10, 

(iii) SA S92A–RFM–003 Revision No. 10, 

(iv) SA S92A–RFM–004 Revision No. 8, 

(v) SA S92A–RFM–005 Revision No. 7, 

(vi) SA S92A–RFM–006 Revision No. 8, 

and 

(vii) S92A–RFM Supplement No. 3, 

Revision No. 2. 

(c) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Boston Aircraft 

Certification Office, FAA, Attn: John M. 

Coffey, FAA, 12 New England Executive 

Park, Burlington, MA 01803, telephone (781) 

238–7173, fax (781) 238–7170, for 

information about previously approved 

alternative methods of compliance. 

(d) Special flight permits will not be 

issued. 

(e) Remove and replace the titanium studs 

by following the specified portions of 

Sikorsky Alert Service Bulletin No. 92–63– 

014, Revision A, dated March 20, 2009. The 

Director of the Federal Register previously 

approved the incorporation by reference of 

this information on April 27, 2009 under 5 

U.S.C. 552(a) and 1 CFR part 51 (74 FR 

18977, April 27, 2009. Copies may be 

obtained from Sikorsky Aircraft Corporation, 

Attn: Manager, Commercial Technical 

Support, mailstop s581a, 6900 Main Street, 

Stratford, CT, telephone (203) 383–4866, email address tsslibrary@sikorsky.com or at 

http://www.sikorsky.com. Copies may be 

inspected at the FAA, Office of the Regional 

Counsel, Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas, 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. 

(f) This amendment becomes effective on 

July 1, 2009. 

Issued in Fort Worth, Texas, on June 9, 

2009. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–14081 Filed 6–15–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Parts 192, 470, 625, 634, 650, 

655, 772, 971, 972, 973, 1206, 1208, 

1210, and 1215 

[FHWA Docket No. FHWA–2009–0028] 

RIN 2125–AF30 

Address Correction 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Final rule. 

SUMMARY: The FHWA is amending a 

number of its regulations to reflect the 

move of DOT’s headquarters site in 

Washington, DC. 

DATES: Effective Date: June 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Outhouse, Office of Chief 

Counsel, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; (202) 366–1381. 

SUPPLEMENTARY INFORMATION: This 

publication makes corrections to the 

FHWA regulations to update the DOT 

headquarters address. Since this 

amendment relates to departmental 

management, organization, procedure, 

and practice, notice and comment are 

unnecessary under 5 U.S.C. 553(b). 

Further, since the amendment merely 

makes technical corrections and 

updates, the FHWA finds good cause 

under 5 U.S.C. 553(d)(3) for the final 

rule to be effective on the date of 

publication in the Federal Register. 

Regulatory Analyses and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule is not considered a 

significant regulatory action under 

Executive Order 12866 and DOT 

regulatory Policies and Procedures (44 

FR 11034). It was not reviewed by the 

Office of Management and Budget. 

There are no costs associated with this 

rule. 


cprice-sewell on PRODPC61 with RULES
28442 Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Rules and Regulations 

B. Executive Order 13132 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (Federalism). This final rule does 

not have a substantial direct effect on, 

or sufficient federalism implications for, 

the States, nor would it limit the 

policymaking discretion of the States. 

Therefore the consultation requirements 

of Executive Order 13132 do no apply. 

C. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (Consultation and Coordination 

with Indian Tribal Governments). 

Because this final rule does not 

significantly or uniquely affect the 

communities of the Indian tribal 

government and does not impose 

substantial direct compliance costs, the 

funding and consultations requirements 

of Executive Order 13175 do not apply. 

D. Regulatory Flexibility Act 

Because no notice of proposed 

rulemaking is required for this rule 

under the Administrative Procedure 

Act, 5 U.S.C. 553, the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. We also do not 

believe this rule would impose any 

costs on small entities because it simply 

makes nonsubstantive corrections. 

Therefore, the FHWA certifies this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

E. Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

F. Unfunded Mandates Reform Act 

The Federal Highway Administration 

has determined that the requirements of 

the Title II of the Unfunded Mandates 

Reform Act of 1995 do no apply to this 

rulemaking. 

List of Subjects 

23 CFR Part 192 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 230, Subpart C, Appendix 

A 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 470 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 625 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 634 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 650 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 655 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 772 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 971 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 972 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 973 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 1206 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 1208 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 1210 

Highways, Reporting and 

recordkeeping requirements. 

23 CFR Part 1215 

Highways, Reporting and 

recordkeeping requirements. 

Issued on: April 21, 2009. 

Jeffrey F. Paniati, 

Acting Deputy Administrator, Federal 

Highway Administration. 

■ In consideration of the foregoing, the 

FHWA amends Parts 192, 470, 625, 634, 

650, 655, 772, 971, 972, 973, 1206, 1208, 

1210, and 1215 of title 23, Code of 

Federal Regulations, as follows: 

TITLE 23—HIGHWAYS 

PARTS 192, 470, 625, 634, 650, 655, 

772, 971, 972, 973, 1206, 1208, 1210, 

AND 1215 [AMENDED] 

§§ 192.10, 470.105, 625.4, 634.2, 650.317, 

655.603, 772.17, 971.212, 972.212, 973.212, 

1206.5, 1208.6, 1210.10, and 1215.6 

[Amended] 

■ 1. In Title 23, remove text specified in 

the ‘‘Remove’’ column and add in its 

place the text in the ‘‘Add’’ column in 

the sections indicated below: 

Section Remove Add 

192.10(b) ............................................................ 400 Seventh Street, SW .................................. 1200 New Jersey Avenue, SE. 

Part 230, Subpart C, Appendix A, FN 1 ............ 400 7th St., SW ............................................... 1200 New Jersey Avenue, SE. 

470.105(a) .......................................................... 400 Seventh Street, SW .................................. 1200 New Jersey Avenue, SE. 

625.4(d) introductory text ................................... 400 Seventh Street, SW., Washington, DC, in 

Room 2200.

634.2 in the definition of High-visibility safety 

apparel.

400 Seventh Street, SW., Room 4232 ............ 1200 New Jersey Avenue, SE., Washington, 

DC. 

650.317(a) .......................................................... 400 Seventh Street, SW., Washington, DC, in 

Room 2200.

1200 New Jersey Avenue, SE. 

655.603(c), footnote 1 ........................................ 400 Seventh Street, SW .................................. 1200 New Jersey Avenue, SE., Washington, 

DC. 

772.17(a) ............................................................ 400 Seventh Street, SW., Room 3240 ............ 1200 New Jersey Avenue, SE. 

971.212(b), footnote 3 ........................................ Room 3407, 400 Seventh Street, SW ............. 1200 New Jersey Avenue, SE. 

972.212(b), footnote 3 ........................................ Room 3407, 400 Seventh Street, SW ............. 1200 New Jersey Avenue, SE. 

973.212(c), footnote 3 ........................................ Room 3407, 400 Seventh Street, SW ............. 1200 New Jersey Avenue, SE. 

1206.5(b) ............................................................ 400 Seventh Street, SW .................................. 1200 New Jersey Avenue, SE. 

1208.6(b) ............................................................ 400 Seventh Street, SW .................................. 1200 New Jersey Avenue, SE. 

1210.10(b) .......................................................... 400 Seventh Street, SW .................................. 1200 New Jersey Avenue, SE. 

1215.6(b) ............................................................ 400 Seventh Street, SW .................................. 1200 New Jersey Avenue, SE. 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 114 / Tuesday, June 16, 2009 / Rules and Regulations 28443 

[FR Doc. E9–13990 Filed 6–15–09; 8:45 am] 

BILLING CODE 4910–22–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 35 

[EPA–HQ–SFUND–2009–0144; FRL–8919–3] 

RIN 2050–AG53 

Inclusion of CERCLA Section 128(a) 

State Response Programs and Tribal 

Response Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule revises 

regulations to include State Response 

Programs and Tribal Response Programs 

under Section 128(a) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) as among the 

Environmental Program Grants eligible 

for inclusion in a Performance 

Partnership Grant (PPG). The rule also 

adds State Response Program and Tribal 

Response Program specific provisions. 

DATES: This rule is effective on June 16, 

2009. 

ADDRESSES: The mailing address of the 

Office of Brownfields and Land 

Revitalization, Office of Solid Waste and 

Emergency Response, is U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., MC 5105T, 

Washington, DC 20460. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact the U.S. 

EPA’s Virginia Fornillo, Office of Solid 

Waste and Emergency Response, Office 

of Brownfields and Land Revitalization, 

at (202) 566–2770 

(fornillo.virginia@epa.gov), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460–0002, Mail Code 

5105T. 

SUPPLEMENTARY INFORMATION: 

I. Background 

State Response Program Grants and 

Tribal Response Program Grants, 

authorized under Section 128(a) of 

CERCLA, are awarded to States and 

Tribes to establish or enhance the 

response program of the State or Tribe; 

capitalize a revolving loan fund for 

Brownfield remediation under section 

104(k)(3); or purchase insurance or 

develop a risk sharing pool, an 

indemnity pool, or insurance 

mechanism to provide financing for 

response actions under a State or Tribal 

response program. Public Law 104–134 

authorizes EPA to combine State and 

Tribal Assistance Grant (STAG) 

‘‘categorical’’ program grant funds into 

PPGs. The CERCLA 128(a) State and 

Tribal Response program grants are 

funded from STAG categorical 

appropriations and are eligible for 

inclusion under 40 CFR 35.133 and 

35.533 in a PPG. On August 20, 2004, 

EPA implemented a pilot program 

authorizing EPA Regional Offices to add 

CERCLA 128(a) State and Tribal Grant 

program funds into PPGs for one state 

and one tribe in each region (69 FR 

51756). 

II. This Action 

The intent of this action is to include 

CERCLA 128(a) grants in the list of 

grants eligible to be included in a 

Performance Partnership Grant (PPG). 

Consistent with current Agency 

guidance on using CERCLA 128 funds, 

EPA has determined that funds awarded 

to states and tribes under CERCLA 

128(a)(1)(B)(ii) to capitalize a revolving 

loan fund for Brownfield remediation 

under section 104(k)(3); or purchase 

insurance or develop a risk sharing 

pool, an indemnity pool, or insurance 

mechanism to provide financing for 

response actions under a State or Tribal 

response program are not eligible for 

inclusion in PPGs. EPA’s regulations 

implementing PPGs are found at 40 CFR 

35.101, 40 CFR 35.130–35.138, 40 CFR 

35.501 and 40 CFR 35.530–35.538. This 

rule amends these regulations to include 

State Response Programs Section 

CERCLA 128(a) under Title 40 Part 35 

Subpart A and Tribal Response 

Programs Section CERCLA 128(a) under 

Title 40 Part 35, Subpart B as a PPG 

eligible grant program. The rule also 

adds State Response Program and Tribal 

Response Program specific provisions to 

40 CFR Part 35, Subparts A and B. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to OMB review. 

Because this grant action is not subject 

to notice and comment requirements 

under the Administrative Procedures 

Act or any other statute, it is not subject 

to the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) or Sections 202 and 

205 of the Unfunded Mandates Reform 

Act of 1999 (UMRA) (Pub. L. 104–4). In 

addition, this action does not 

significantly or uniquely affect small 

governments. Although this action does 

not generally create new binding legal 

requirements, where it does, such 

requirements do not substantially and 

directly affect Tribes under Executive 

Order 13175 (63 FR 67249, November 9, 

2000). Although this grant action does 

not have significant Federalism 

implications under Executive Order 

13132 (64 FR 43255, August 10, 1999), 

EPA consulted with states in the 

development of these grant guidelines. 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), because it is 

not a significant regulatory action under 

Executive Order 12866. This action does 

not involve technical standards; thus, 

the requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). This action does 

not entail special considerations of 

environmental justice related issues as 

delineated by Executive Order 12898 

(59 FR 7629, February 16, 1994). The 

Congressional Review Act, 5 U.S.C. 801 

et seq., generally provides that before 

certain actions may take effect, the 

agency promulgating the action must 

submit a report, which includes a copy 

of the action, to each House of the 

Congress and to the Comptroller General 

of the United States. Since this grant 

action, when finalized, will contain 

legally binding requirements, it is 

subject to the Congressional Review Act, 

and EPA will submit its final action in 

its report to Congress under the Act. 

List of Subjects in 40 CFR Part 35 

Environmental protection, Air 

pollution control, Grant programs— 

environmental protection, Grant 

programs—Indians, Indians, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: June 9, 2009. 

Lisa P. Jackson, 

Administrator. 

■ EPA amends 40 CFR Part 35 as 

follows: 

PART 35—STATE AND LOCAL 

ASSISTANCE—[AMENDED] 

■ 1. The authority citation for part 35, 

subpart A continues to read as follows: 


cprice-sewell on PRODPC61 with RULES