Update of August 2001 Overflight Fees, 6989-6990 [E9-2985]

Download as PDF 6989 Rules and Regulations Federal Register Vol. 74, No. 28 Thursday, February 12, 2009 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. (2005), secs. 147 and 149 of the Atomic Energy Act. Dated in Rockville, Maryland, this 6th day of February 2009. For the Nuclear Regulatory Commission. Michael T. Lesar, Chief, Rulemaking, Directives, and Editing Branch, Division of Administrative Services, Office of Administration. [FR Doc. E9–3074 Filed 2–11–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION DEPARTMENT OF TRANSPORTATION determined by the FAA. In making membership selections, the FAA will consider geographic diversity, operational differences, and the amount of Overflight Fees paid to the FAA by the requester in fiscal year 2008. If you want to be considered for selection as a member of the ARC, you need to notify the contact person listed in this Notice within 30 days of the date of publication of the Notice. Issued in Washington, DC, on February 5, 2009. Ramesh K. Punwani, Assistant Administrator for Financial Services/CFO, Federal Aviation Administration. 10 CFR Parts 2, 30, 40, 50, 52, 60, 63, 70, 71, 72, 73, 76, and 150 Federal Aviation Administration RIN 3150–AH57 14 CFR Part 187 Order [NRC–2005–0001] Update of August 2001 Overflight Fees Federal Aviation Administration Overflight Fee Aviation Rulemaking Committee Charter 1. Purpose. This order constitutes the charter for the Overflight Fee Aviation Rulemaking Committee (the ‘‘Committee’’) that is designated and established pursuant to the Administrator’s authority under 49 U.S.C. 106(p)(5). 2. Distribution. This order is distributed at the director level in Washington headquarters and throughout the Office of the Associate Administrator for Financial Services and the Air Traffic Organization. 3. Background. Section 273 of the Federal Aviation Reauthorization Act of 1996, 49 U.S.C. 45301 (the ‘‘1996 Act’’), authorized the FAA to impose fees on aircraft that traverse U.S.-controlled airspace but neither take off nor land in the United States. Under the 1996 Act, ‘‘[s]ervices for which costs may be recovered include the costs of air traffic control, navigation, weather services, training and emergency services which are available to facilitate safe transportation over the United States, and other services provided by the Administrator or by programs financed by the Administrator to flights that neither take off nor land in the United States.’’ 49 U.S.C. 45301(b)(1)(B). At the time of its enactment, section 273 provided that the FAA Administrator ‘‘shall ensure that each of the [overflight] fees * * * is directly related to the Administration’s costs * * * of providing the service rendered.’’ 49 U.S.C. 45301(b)(1)(B)(1996). In November 2001, Section 273 was amended to state that the Administrator Protection of Safeguards Information; Correction AGENCY: Nuclear Regulatory Commission. ACTION: Final rule; correction. mstockstill on PROD1PC66 with RULES SUMMARY: This document corrects a rule that appeared in the Federal Register on October 24, 2008 (73 FR 63545), that amends the regulations for the protection of Safeguards Information (SGI) to protect SGI from inadvertent release and unauthorized disclosure which might compromise the security of nuclear facilities and materials. This action is necessary to correct an erroneous authority citation. DATES: Effective February 23, 2009. FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking, Directives, and Editing Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone (301) 492–3663, e-mail: Michael.Lesar@nrc.gov. SUPPLEMENTARY INFORMATION: In FR doc. E8–24904, published on October 24, 2008, on page 63571, in the second column, under instruction 20, the authority citation for 10 CFR part 52 is corrected to read as follows: Authority: Secs. 103, 104, 161, 182, 183, 186, 189, 68 Stat. 936, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109–58, 119 Stat. 594 VerDate Nov<24>2008 16:07 Feb 11, 2009 Jkt 217001 AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of establishment of an Aviation Rulemaking Committee on Overflight Fees. SUMMARY: On December 17, 2008, the Acting Administrator of the Federal Aviation Administration (FAA) approved the Charter of an Aviation Rulemaking Committee (ARC) created for the purpose of consulting with the FAA regarding the cost of providing air traffic control and related services to overflights, and providing advice and recommendations to the Administrator regarding the future level of FAA’s Overflight Fees. This Notice includes a copy of the Overflight Fees ARC Charter and information about how to request to participate as a member of the ARC. FOR FURTHER INFORMATION CONTACT: For more information, please contact Dave Lawhead, Office of Financial Controls (AFC–300), FAA, Washington, DC 20591. E-mail: Dave.lawhead@faa.gov, or by phone at (202) 267–9759. SUPPLEMENTARY INFORMATION: The Overflight Fees ARC Charter is printed in its entirety immediately following this Notice. Please note that, in addition to the Chair, and a Vice-Chair, if one is designated, the ARC will be limited to no more than 15 other members, each of whom will serve totally at their own expense, with no compensation, per diem, or reimbursement of expenses of any kind. If more than 15 air carriers, trade associations, or other system users express an interest in serving on the Committee, membership will be PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12FER1.SGM 12FER1 mstockstill on PROD1PC66 with RULES 6990 Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Rules and Regulations ‘‘shall ensure that each of the fees * * * is reasonably related to the Administration’s costs, as determined by the Administrator, of providing the service rendered * * *.’’ Section 119(d) of the Aviation and Transportation Security Act of 2001, Public Law 107– 71. 4. Objective. The Administrator deems it appropriate to create the Overflight Fees Aviation Rulemaking Committee to obtain advice and recommendations on the appropriate amounts for future Overflight Fees. 5. Duties. The Committee is to evaluate information regarding the services rendered to overflights by the FAA and the costs of providing those services to overflights, and, based on that evaluation, to make recommendations regarding future overflight fee increases. The Committee shall provide its recommendations to the Administrator by a deadline to be determined by the Chair, which may be modified by the Administrator. 6. Organization and Administration. a. The Committee shall be led by the Chair, who shall be a full-time employee of the FAA appointed by the Assistant Administrator for Financial Services. The Chair may designate a Vice Chair, who shall not be employed by the FAA and who shall be a representative of foreign air carriers or trade associations of those carriers, or other system users who are subject to Overflight Fees. b. In addition to the Chair and Vice Chair, the Committee shall be comprised of not more than 15 members, who shall be employees or other representatives of the foreign air carriers (or trade associations of those carriers) or other system users that are subject to the FAA’s Overflight Fees. The members shall be selected by the Associate Administrator for Financial Services and, to the extent possible, the membership also shall be geographically diverse and include representatives that conduct primarily enroute overflights and primarily oceanic overflights. Each member may designate one representative and one alternate to serve on the Committee. Each member of the Committee shall have one vote. c. Members may permit their employees and consultants (including financial, technical and legal professionals) to attend any Committee meeting and review Committee documents. d. Additional FAA personnel may participate, as directed by the Chair, as adjunct non-members of the Committee. e. The Assistant Administrator for Financial Services is the sponsor of the Committee. The Associate Administrator for Financial Services VerDate Nov<24>2008 16:07 Feb 11, 2009 Jkt 217001 shall receive all Committee recommendations and reports. The Associate Administrator shall also be responsible for providing administrative support for the Committee and shall provide a secretariat. The Chair shall be responsible for establishment of the procedures, consistent with this charter, under which the Committee shall operate. f. Meetings shall be held as frequently as needed, as determined solely by the Chair. g. The Chair shall arrange notification to all members of the time, place and agenda for any meeting through the secretariat and shall ensure that, to the extent practicable, any materials to be considered at the meeting are distributed to Committee members in advance. The Committee is not required to keep minutes, but the Chair may elect to do so. Committee recommendations to the Administrator must be approved by at least a two-thirds vote of the members. The Chair shall have the right to submit a separate report or recommendation to the Administrator. 7. Compensation. All non-government Committee members shall serve without compensation from the U.S. government, and shall bear all costs related to their participation on the Committee. 8. Public Participation. Unless otherwise decided by the Chair, all meetings of the Committee shall be closed. Interested persons wishing to attend a meeting who are not members of the Committee (or employees or consultants invited by a member) must request and receive approval in advance of the meeting from the Chair. 9. Availability of Records. Subject to the provisions of the Freedom of Information Act, Title 5 U.S.C. 522, records, reports, agendas, working papers, and other documents that are made available to, prepared by, or prepared for the Committee shall be available for public inspection and copying at the FAA Office of Rulemaking, 800 Independence Avenue, SW., Washington, DC 20591. Fees shall be charged for the information furnished to the public in accordance with the fee schedule published in part 7 of title 49, Code of Federal Regulations. 10. Public Interest. The formation of the Committee is determined to be in the public interest in connection with the performance of duties imposed on the FAA by law. 11. Effective Date and Duration. This order is effective immediately. The Committee shall remain in existence for two years after the effective date of this Order unless sooner terminated or extended by the Administrator. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Dated: December 17, 2008. Robert A. Sturgell, Acting Administrator. [FR Doc. E9–2985 Filed 2–11–09; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1500 Children’s Products Containing Lead; Exemptions for Certain Electronic Devices; Interim Final Rule AGENCY: Consumer Product Safety Commission. ACTION: Interim final rule. SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is issuing an interim final rule concerning certain electronic devices for which it is not technologically feasible to meet the lead limits as required under section 101 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), Public Law 110–314, 122 Stat. 3016. By notice published elsewhere in today’s Federal Register, the Commission is withdrawing the proposed rule on exemptions for certain electronic devices published in the Federal Register on January 15, 2009, 74 FR 2435. DATES: This interim final rule is effective February 10, 2009. Comments must be in writing and should be submitted by March 16, 2009. ADDRESSES: Comments should be emailed to Sec101ElectronicDevices@cpsc.gov. Comments should be captioned ‘‘Section 101 Electronic Devices Interim Rule.’’ Comments may also be mailed, preferably in five copies, to the Office of the Secretary, Consumer Product Safety Commission, Room 502, 4330 East West Highway, Bethesda, Maryland 20814, or delivered to the same address (telephone (301) 504–7923). Comments also may be filed by facsimile to (301) 504–0127. FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, PhD., M.P.H., Directorate for Health Sciences, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; telephone (301) 504– 7254, e-mail khatlelid@cpsc.gov. SUPPLEMENTARY INFORMATION: A. Background The CPSIA Lead Content Limits The CPSIA provides for specific lead limits in children’s products. Section 101(a) of the CPSIA provides that, by E:\FR\FM\12FER1.SGM 12FER1

Agencies

[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Rules and Regulations]
[Pages 6989-6990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2985]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 187


Update of August 2001 Overflight Fees

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of establishment of an Aviation Rulemaking Committee on 
Overflight Fees.

-----------------------------------------------------------------------

SUMMARY: On December 17, 2008, the Acting Administrator of the Federal 
Aviation Administration (FAA) approved the Charter of an Aviation 
Rulemaking Committee (ARC) created for the purpose of consulting with 
the FAA regarding the cost of providing air traffic control and related 
services to overflights, and providing advice and recommendations to 
the Administrator regarding the future level of FAA's Overflight Fees. 
This Notice includes a copy of the Overflight Fees ARC Charter and 
information about how to request to participate as a member of the ARC.

FOR FURTHER INFORMATION CONTACT: For more information, please contact 
Dave Lawhead, Office of Financial Controls (AFC-300), FAA, Washington, 
DC 20591. E-mail: Dave.lawhead@faa.gov, or by phone at (202) 267-9759.

SUPPLEMENTARY INFORMATION: The Overflight Fees ARC Charter is printed 
in its entirety immediately following this Notice. Please note that, in 
addition to the Chair, and a Vice-Chair, if one is designated, the ARC 
will be limited to no more than 15 other members, each of whom will 
serve totally at their own expense, with no compensation, per diem, or 
reimbursement of expenses of any kind. If more than 15 air carriers, 
trade associations, or other system users express an interest in 
serving on the Committee, membership will be determined by the FAA. In 
making membership selections, the FAA will consider geographic 
diversity, operational differences, and the amount of Overflight Fees 
paid to the FAA by the requester in fiscal year 2008. If you want to be 
considered for selection as a member of the ARC, you need to notify the 
contact person listed in this Notice within 30 days of the date of 
publication of the Notice.

    Issued in Washington, DC, on February 5, 2009.
Ramesh K. Punwani,
Assistant Administrator for Financial Services/CFO, Federal Aviation 
Administration.

Order

Federal Aviation Administration Overflight Fee Aviation Rulemaking 
Committee Charter

    1. Purpose. This order constitutes the charter for the Overflight 
Fee Aviation Rulemaking Committee (the ``Committee'') that is 
designated and established pursuant to the Administrator's authority 
under 49 U.S.C. 106(p)(5).
    2. Distribution. This order is distributed at the director level in 
Washington headquarters and throughout the Office of the Associate 
Administrator for Financial Services and the Air Traffic Organization.
    3. Background. Section 273 of the Federal Aviation Reauthorization 
Act of 1996, 49 U.S.C. 45301 (the ``1996 Act''), authorized the FAA to 
impose fees on aircraft that traverse U.S.-controlled airspace but 
neither take off nor land in the United States. Under the 1996 Act, 
``[s]ervices for which costs may be recovered include the costs of air 
traffic control, navigation, weather services, training and emergency 
services which are available to facilitate safe transportation over the 
United States, and other services provided by the Administrator or by 
programs financed by the Administrator to flights that neither take off 
nor land in the United States.'' 49 U.S.C. 45301(b)(1)(B). At the time 
of its enactment, section 273 provided that the FAA Administrator 
``shall ensure that each of the [overflight] fees * * * is directly 
related to the Administration's costs * * * of providing the service 
rendered.'' 49 U.S.C. 45301(b)(1)(B)(1996). In November 2001, Section 
273 was amended to state that the Administrator

[[Page 6990]]

``shall ensure that each of the fees * * * is reasonably related to the 
Administration's costs, as determined by the Administrator, of 
providing the service rendered * * *.'' Section 119(d) of the Aviation 
and Transportation Security Act of 2001, Public Law 107-71.
    4. Objective. The Administrator deems it appropriate to create the 
Overflight Fees Aviation Rulemaking Committee to obtain advice and 
recommendations on the appropriate amounts for future Overflight Fees.
    5. Duties. The Committee is to evaluate information regarding the 
services rendered to overflights by the FAA and the costs of providing 
those services to overflights, and, based on that evaluation, to make 
recommendations regarding future overflight fee increases. The 
Committee shall provide its recommendations to the Administrator by a 
deadline to be determined by the Chair, which may be modified by the 
Administrator.
    6. Organization and Administration.
    a. The Committee shall be led by the Chair, who shall be a full-
time employee of the FAA appointed by the Assistant Administrator for 
Financial Services. The Chair may designate a Vice Chair, who shall not 
be employed by the FAA and who shall be a representative of foreign air 
carriers or trade associations of those carriers, or other system users 
who are subject to Overflight Fees.
    b. In addition to the Chair and Vice Chair, the Committee shall be 
comprised of not more than 15 members, who shall be employees or other 
representatives of the foreign air carriers (or trade associations of 
those carriers) or other system users that are subject to the FAA's 
Overflight Fees. The members shall be selected by the Associate 
Administrator for Financial Services and, to the extent possible, the 
membership also shall be geographically diverse and include 
representatives that conduct primarily enroute overflights and 
primarily oceanic overflights. Each member may designate one 
representative and one alternate to serve on the Committee. Each member 
of the Committee shall have one vote.
    c. Members may permit their employees and consultants (including 
financial, technical and legal professionals) to attend any Committee 
meeting and review Committee documents.
    d. Additional FAA personnel may participate, as directed by the 
Chair, as adjunct non-members of the Committee.
    e. The Assistant Administrator for Financial Services is the 
sponsor of the Committee. The Associate Administrator for Financial 
Services shall receive all Committee recommendations and reports. The 
Associate Administrator shall also be responsible for providing 
administrative support for the Committee and shall provide a 
secretariat. The Chair shall be responsible for establishment of the 
procedures, consistent with this charter, under which the Committee 
shall operate.
    f. Meetings shall be held as frequently as needed, as determined 
solely by the Chair.
    g. The Chair shall arrange notification to all members of the time, 
place and agenda for any meeting through the secretariat and shall 
ensure that, to the extent practicable, any materials to be considered 
at the meeting are distributed to Committee members in advance. The 
Committee is not required to keep minutes, but the Chair may elect to 
do so. Committee recommendations to the Administrator must be approved 
by at least a two-thirds vote of the members. The Chair shall have the 
right to submit a separate report or recommendation to the 
Administrator.
    7. Compensation. All non-government Committee members shall serve 
without compensation from the U.S. government, and shall bear all costs 
related to their participation on the Committee.
    8. Public Participation. Unless otherwise decided by the Chair, all 
meetings of the Committee shall be closed. Interested persons wishing 
to attend a meeting who are not members of the Committee (or employees 
or consultants invited by a member) must request and receive approval 
in advance of the meeting from the Chair.
    9. Availability of Records. Subject to the provisions of the 
Freedom of Information Act, Title 5 U.S.C. 522, records, reports, 
agendas, working papers, and other documents that are made available 
to, prepared by, or prepared for the Committee shall be available for 
public inspection and copying at the FAA Office of Rulemaking, 800 
Independence Avenue, SW., Washington, DC 20591. Fees shall be charged 
for the information furnished to the public in accordance with the fee 
schedule published in part 7 of title 49, Code of Federal Regulations.
    10. Public Interest. The formation of the Committee is determined 
to be in the public interest in connection with the performance of 
duties imposed on the FAA by law.
    11. Effective Date and Duration. This order is effective 
immediately. The Committee shall remain in existence for two years 
after the effective date of this Order unless sooner terminated or 
extended by the Administrator.

    Dated: December 17, 2008.
Robert A. Sturgell,
Acting Administrator.
 [FR Doc. E9-2985 Filed 2-11-09; 8:45 am]
BILLING CODE 4910-13-P

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