Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 30477 

information contact John Gale by phone 

at (202) 366–4046. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of April 14, 

2009, PHMSA published a direct final 

rule adopting the most recent editions of 

two consensus technical standards, the 

American Petroleum Institute (API) 5L 

(44th edition) and API 1104 (20th 

edition). Through use of these 

consensus standards, pipeline operators 

will be able to use current technology, 

materials, and practices. The 

incorporation of the most recent 

editions of these standards improves 

clarity, consistency, and accuracy, 

reduces unnecessary burdens on the 

regulated community and will provide, 

at minimum, an equivalent level of 

safety. PHMSA did not eliminate the 

use of the current referenced standards 

but simply allowed the additional use of 

these new standards. PHMSA may in 

the future propose to eliminate the 

incorporation of the existing referenced 

standards. 

Standards Incorporated by Reference 

The National Technology Transfer 

and Advancement Act of 1995 (Pub. L. 

104–113) directs Federal agencies to use 

voluntary consensus standards in lieu of 

government-written standards whenever 

possible. Voluntary consensus standards 

are standards developed or adopted by 

voluntary bodies that develop, establish, 

or coordinate technical standards using 

agreed upon procedures. 

PHMSA’s Office of Pipeline Safety 

participates in more than 25 national 

voluntary consensus standards 

committees. PHMSA’s policy is to adopt 

voluntary consensus standards when 

they are applicable to pipeline design, 

construction, maintenance, inspection, 

and repair. PHMSA has the ultimate 

responsibility to ensure the best 

interests of public safety are being 

served. PHMSA reviews and approves 

for incorporation by reference updated 

versions based on this directive. When 

PHMSA believes some aspect of the 

standard does not meet this directive, it 

will not incorporate the new edition, or 

that part of the standard that it believes 

is contradictory with the directive. In 

recent years, PHMSA has adopted 

dozens of new and revised voluntary 

consensus standards into its gas 

pipeline (49 CFR Part 192) regulations, 

its liquefied natural gas (LNG) (49 CFR 

Part 193) regulations, and its hazardous 

liquid pipeline (49 CFR Part 195) 

regulations. 

Parts 192, 193, and 195 incorporate by 

reference all or parts of more than 60 

standards and specifications developed 

and published by technical 

organizations, including the American 

Petroleum Institute, American Gas 

Association, American Society of Civil 

Engineers, American Society of 

Mechanical Engineers, American 

Society for Testing and Materials, 

Manufacturers Standardization Society 

of the Valve and Fittings Industry, 

National Fire Protection Association, 

Plastics Pipe Institute, and Pipeline 

Research Council International. These 

organizations update and revise their 

published standards every 3 to 5 years 

to reflect modern technology and best 

technical practices. PHMSA has 

reviewed the revised voluntary 

consensus standards being incorporated 

in this final rule. 

New Editions of Standards 

The following new editions of 

currently referenced standards are being 

incorporated by reference (IBR) in parts 

192 and 195. These new editions refine, 

and clarify existing material in the 

standard and generally do not introduce 

new topics. 

American Petroleum Institute (API) 

•ANSI/API Spec 5L/ISO 3183 

‘‘Specification for Line Pipe’’ (44th 

edition, 2007) Referenced by 49 CFR 

192.55(e); 192.112; 192.113; Item I, 

Appendix B to part 192; 195.106(b)(1)(i); 

195.106(e). 

Amendments to API 5L in the 44th 

edition include: 

1. High default toughness criteria for 

PSL 2 pipe previously not specified, 

ensuring a higher toughness baseline for 

most critical products in the field. 

2. Restrictive dimensional limits 

(including wall thickness, diameter, outof-round, pipe end geometric 

irregularities) ensuring better field fit up 

and welding. 

3. More comprehensive description of 

ultrasonic and radiographic methods 

and documentation testing providing a 

more consistent weld and body 

inspection and pipe traceability is 

improved through key inspection step. 

4. New sour service and offshore 

requirements including restrictive 

documentation, processing, chemical 

composition, inspection and mechanical 

property controls ensuring well suited 

product applied to these critical 

applications. 

• API 1104 ‘‘Welding of Pipelines and 

Related Facilities,’’ (20th edition, errata, 

2008) Referenced in 49 CFR 192.227(a); 

192.229(c)(1); and 192.241(c); Item II, 

Appendix B; 195.222; 195.228(b) and 

195.214(a). 

The 20th edition of API 1104 includes 

a new Appendix A. Appendix A 

describes the method to determine the 

maximum height and length of a weld 

imperfection that can remain in a girth 

weld and not be a threat to the integrity 

of a pipeline. Appendix A in the 19th 

edition is an old standard that was 

developed in the 1970’s and at that time 

X 60 material was the strongest pipe 

available. Now X 80 is commonplace. 

By letters dated September 26, 2008 

and December 4, 2008, EVRAZ, Inc. and 

California Steel Industries, Inc., 

petitioned PHMSA to allow the 

immediate use of the 44th edition of API 

5L. The petitioners explained that the 

failure to allow the use of the newer 

standard would adversely impact the 

metallurgy and tolerances of the pipe 

manufactured in their plants and that 

the impact was industry-wide. Due to 

the lead time of ordering steel pipe for 

major infrastructure projects, the 

petitioners urgently requested that 

PHMSA allow the use of the newer 

standard in order to avoid adverse 

impacts on their customers’ projects 

involving thousands of tons of pipe and 

hundreds of workers. 

The direct final rule was issued under 

the procedures set forth in 49 CFR 

190.339. That provision allows for 

incorporation by reference of industry 

standards by direct final rule. If an 

adverse comment or notice of intent to 

file an adverse comment is received, a 

timely document would be published in 

the Federal Register withdrawing this 

direct final rule in whole or in part. 

PHMSA did not receive any adverse 

comments. 

Issued in Washington, DC, on June 22, 

2009 under the authority delegated in part 1. 

Jeffrey D. Wiese, 

Acting Deputy Administrator. 

[FR Doc. E9–15045 Filed 6–25–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1570 

[Docket No. TSA–2008–0011] 

RIN 1652–AA65 

False Statements Regarding Security 

Background Checks 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Final rule. 

SUMMARY: On July 31, 2008, TSA 

published an interim rule prohibiting 

public transportation agencies, railroad 

carriers, and their respective contractors 

and subcontractors from knowingly 

30478 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 

misrepresenting Federal guidance or 

regulations concerning security 

background checks for certain 

individuals. This final rule follows 

publication of the July 31, 2008 interim 

rule, and makes no changes at this final 

rule stage. 

DATES: Effective Date: June 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Siegler, Assistant Chief Counsel, 

TSA–2, Transportation Security 

Administration, 601 South 12th Street, 

Arlington, VA 20598–6002; telephone 

(571) 227–2723; facsimile (571) 227– 

1379; e-mail Ellen.Siegler@dhs.gov. 

ADDRESSES: 

Availability of Rulemaking Document 

You can get an electronic copy using 

the Internet by— 

(1) Searching the electronic Federal 

Docket Management System (FDMS) 

Web page at http://www.regulations.gov; 

(2) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html; or 

(3) Visiting TSA’s Security 

Regulations Web page at http:// 

www.tsa.gov and accessing the link for 

‘‘Research Center’’ at the top of the page. 

In addition, copies are available by 

writing or calling the individual in the 

FOR FURTHER INFORMATION CONTACT

section. Make sure to identify the docket 

number of this rulemaking. 

SUPPLEMENTARY INFORMATION: 

Small Entity Inquiries 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires TSA to comply with small 

entity requests for information and 

advice about compliance with statutes 

and regulations within TSA’s 

jurisdiction. Any small entity that has a 

question regarding this document may 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

Persons can obtain further information 

regarding SBREFA on the Small 

Business Administration’s Web page at 

http://www.sba.gov/advo/laws/ 

law_lib.html. 

Good Cause for Immediate Effective 

Date 

This rule will be effective upon 

publication in the Federal Register. 

Section 553(d) of the Administrative 

Procedure Act 5 U.S.C. 553, allows an 

agency, upon finding good cause, to 

make a rule effective immediately. 

There is good cause for making this final 

rule effective immediately. An interim 

final rule (IFR), published on July 31, 

2008, is already in effect. There is no 

need to provide advance notice that this 

final rule will become effective because 

this final rule is substantively identical 

to the IFR; it does not prohibit any 

conduct not already prohibited by the 

IFR. 

I. Summary 

On July 31, 2008, TSA issued an IFR 

codifying in the Code of Federal 

Regulations (CFR) sections 1414(e) and 

1522(e) of the 9/11 Act, which prohibits 

public transportation agencies, railroad 

carriers, and their respective contractors 

and subcontractors from knowingly 

misrepresenting Federal guidance or 

regulations concerning security 

background checks for covered 

individuals. 73 FR 44665. Under 49 CFR 

1570.13, as added by the IFR, entities 

operating mass transit systems, 

passenger rail systems, and freight rail 

carriers must understand TSA’s 

regulations and guidance and represent 

these background checks accurately to 

their employees. 

The public comment period on the 

IFR expired on September 2, 2008. TSA 

received no comments. For the reasons 

set forth in the IFR, TSA is continuing 

without change the provisions of 49 

CFR 1570.13. 

II. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501. et seq.) requires 

that a Federal agency consider the 

impact of paperwork and other 

information collection burdens imposed 

on the public and, under the provisions 

of PRA section 3507(d), obtain approval 

from the Office of Management and 

Budget (OMB) for each collection of 

information it conducts, sponsors, or 

requires through regulations. TSA has 

determined that there are no current or 

new information collection 

requirements associated with this rule. 

III. Economic Impact Analyses 

Regulatory Evaluation Summary 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order (E.O.) 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), directs each 

Federal agency to propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 601 et seq., as 

amended by the Small Business 

Regulatory Enforcement Fairness Act 

(SBREFA) of 1996) requires agencies to 

analyze the economic impact of 

regulatory changes on small entities. 

Third, the Trade Agreements Act (19 

U.S.C. 2531–2533) prohibits agencies 

from setting standards that create 

unnecessary obstacles to the foreign 

commerce of the United States. Fourth, 

the Unfunded Mandates Reform Act of 

1995 (2 U.S.C. 1531–1538) requires 

agencies to prepare a written assessment 

of the costs, benefits, and other effects 

of proposed or final rules that include 

a Federal mandate likely to result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

annually (adjusted for inflation). 

Because this rule does not add any 

requirements to those in the statute and 

in the July 31, 2008, IFR, TSA has not 

performed a cost/benefit analysis. 

Executive Order 12866 Assessment 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993) provides for making 

determinations as to whether a 

regulatory action is ‘‘significant’’ and 

therefore subject to OMB review and the 

requirements of the Order. Executive 

Order 12866 classifies a rule as 

significant if it meets any one of a 

number of specified conditions, 

including economic significance, which 

is defined as having an annual impact 

on the economy of $100 million. A 

regulation is also considered a 

significant regulatory action if it raises 

novel legal or policy issues. 

This regulation is not significant 

under E.O. 12866. This final regulation 

will have no economic impact because 

the regulation makes no changes to 49 

CFR 1570.13. 

Regulatory Flexibility Act Assessment 

The Regulatory Flexibility Act of 1980 

(RFA) (5 U.S.C. 601 et seq., as amended 

by the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996), requires agencies to perform a 

review to determine whether a proposed 

or final rule will have a significant 

economic impact on a substantial 

number of small entities when the 

Administrative Procedure Act (APA) 

requires notice and comment 

rulemaking. TSA has not assessed 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities, as defined in 

the RFA. When an agency publishes a 

rulemaking without prior notice and an 

opportunity for comment, the RFA 

analysis requirements do not apply. 

This rulemaking is a final rule that 

follows an IFR that TSA issued on July 

31, 2008. Therefore, no RFA analysis is 

provided. 

International Trade Impact Assessment 

The Trade Agreement Act of 1979 

prohibits Federal agencies from 

establishing any standards or engaging 

Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 30479 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Legitimate domestic objectives, such as 

safety, are not considered unnecessary 

obstacles. The statute also requires 

consideration of international standards 

and, where appropriate, that they be the 

basis for U.S. standards. TSA has 

assessed the potential effect of this 

rulemaking and has determined that it 

will not create any unnecessary 

obstacles to foreign commerce. 

Unfunded Mandates Assessment 

The Unfunded Mandates Reform Act 

of 1995 is intended, among other things, 

to curb the practice of imposing 

unfunded Federal mandates on State, 

local, and tribal governments. Title II of 

the Act requires each Federal agency to 

prepare a written statement assessing 

the effects of any Federal mandate in a 

proposed or final agency rule that may 

result in a $100 million or more 

expenditure (adjusted annually for 

inflation) in any one year by State, local, 

and tribal governments, in the aggregate, 

or by the private sector; such a mandate 

is deemed to be a ‘‘significant regulatory 

action.’’ 

This rulemaking does not contain 

such a mandate. The requirements of 

Title II of the Act, therefore, do not 

apply and TSA has not prepared a 

statement under the Act. 

IV. Executive Order 13132, Federalism 

TSA has analyzed this final rule 

under the principles and criteria of E.O. 

13132, Federalism. We have determined 

that this action will not have a 

substantial direct effect on the States, or 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

have determined that this action does 

not have federalism implications. 

V. Environmental Analysis 

TSA has reviewed this action for 

purposes of the National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 

4321–4347) and has determined that 

this action will not have a significant 

effect on the human environment. 

VI. Energy Impact Analysis 

The energy impact of the action has 

been assessed in accordance with the 

Energy Policy and Conservation Act 

(EPCA), Public Law 94–163, as amended 

(42 U.S.C. 6362). We have determined 

that this rulemaking is not a major 

regulatory action under the provisions 

of the EPCA. 

List of Subjects in 49 CFR Part 1570 

Appeals, Commercial drivers license, 

Criminal history background checks, 

Explosives, Facilities, Hazardous 

materials, Incorporation by reference, 

Maritime security, Motor carriers, Motor 

vehicle carriers, Ports, Seamen, Security 

measures, Security threat assessment, 

Vessels, Waivers. 

The Amendments 

■ For the reasons set forth in the 

preamble, the interim rule for part 1570 

of Title 49 of the Code of Federal 

Regulations, adding § 1570.13, 

published July 31, 2008, at 73 FR 44665, 

is adopted as final, without change. 

Issued in Arlington, VA, on June 22, 2009. 

Gale D. Rossides, 

Acting Administrator. 

[FR Doc. E9–15080 Filed 6–25–09; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XP91 

Atlantic Highly Migratory Species; 

Inseason Action to Close the 

Commercial Non–Sandbar Large 

Coastal Shark Fisheries in the Shark 

Research Fishery and Atlantic Region 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Fishery closures. 

SUMMARY: NMFS is closing the 

commercial fisheries for non–sandbar 

large coastal sharks (LCS) in both the 

shark research fishery and Atlantic 

region. This action is necessary because 

NMFS estimated that these fisheries 

have reached or exceeded 80 percent of 

the available quota. 

DATES: The commercial non–sandbar 

LCS fisheries in both the shark research 

fishery and the Atlantic region are 

closed effective 11:30 p.m. local time 

July 1, 2009, until the effective date of 

the final 2010 shark season 

specifications in which NMFS will 

publish a separate document in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster–Geisz or Guy ́ DuBeck, 

301–713–2347; fax 301–713–1917. 

SUPPLEMENTARY INFORMATION: The 

Atlantic shark fisheries are managed 

under the 2006 Consolidated Atlantic 

Highly Migratory Species (HMS) Fishery 

Management Plan (FMP), its 

amendments, and its implementing 

regulations found at 50 CFR part 635 

issued under authority of the 

Magnuson–Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.). 

Under § 635.5(b)(1), shark dealers are 

required to report every two weeks. 

Dealer reports for fish received between 

the 1st and 15th of any month must be 

received by NMFS by the 25th of that 

month. Dealer reports for fish received 

between the 16th and the end of any 

month must be received by NMFS by 

the 10th of the following month. In 

addition, shark landings within the 

shark research fishery are monitored via 

scientific observer reports. Under 

§ 635.28(b)(2), when NMFS projects that 

fishing season landings for a specific 

shark quota have reached or are about 

to reach 80 percent of the available 

quota, NMFS will file for publication 

with the Office of the Federal Register 

a notice of closure for that shark species 

group that will be effective no fewer 

than 5 days from the date of filing. From 

the effective date and time of the closure 

until NMFS announces, via a notice in 

the Federal Register, that additional 

quota is available and the season is 

reopened, the fishery for that specific 

quota is closed, even across fishing 

years. 

On December 24, 2008 (73 FR 79005), 

NMFS announced that the non–sandbar 

LCS quota for the shark research fishery 

for the 2009 fishing year would be 37.5 

metric tons (mt) dressed weight (dw) 

(82,673 lb dw). Scientific observer 

reports through June 15, 2009, indicate 

that 34.9 mt dw or 93 percent of the 

available quota for non–sandbar LCS 

Atlantic shark research fishery has been 

taken. This amount exceeds the 80 

percent limit specified in the 

regulations. Accordingly, NMFS is 

closing the commercial non–sandbar 

LCS fishery in the shark research fishery 

as of 11:30 p.m. local time July 1, 2009. 

On December 24, 2008, NMFS 

announced that the non–sandbar LCS 

quota in the Atlantic region would be 

187.8 mt dw (414,024 lb dw). Dealer 

reports through May 31, 2009, indicate 

that 138.9 mt dw or 74 percent of the 

available quota for non–sandbar LCS 

has been taken. Dealer reports indicate 

that 19 percent of the quota was taken 

in April and 18 percent taken in May. 

Based on dealer reports in April and 

May, NMFS estimates that 

approximately 19 percent of the quota 

could be taken in June. Based on this 

projection, the non–sandbar LCS 

Atlantic region fishery could reach 92 

percent of the quota, which exceeds the