FR Notice July 8, 2009

32570

Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices

National Environmental Policy Act
In 2001, the USAF prepared an EA for
Harbor Activities Associated with the
Delta IV Program at VAFB. In 2005,
NMFS prepared an EA augmenting the
information contained in the USAF EA
and issued a Finding of No Significant
Impact on the issuance of an IHA for
Boeing’s, now ULA, harbor activities in
accordance with section 6.01 of the
NOAA Administrative Order 216–6
(Environmental Review Procedures for
Implementing the National
Environmental Policy Act, May 20,
1999). ULA’s proposed activities and
impacts for 2009–2010 are expected to
be within the scope of NMFS’ 2005 EA
and FONSI.
Preliminary Conclusions
Based on the preceding information,
and provided that the proposed
mitigation and monitoring are
incorporated, NMFS has preliminarily
concluded that the proposed activity
will incidentally take, by level B
behavioral harassment only, small
numbers of marine mammals. There is
no subsistence harvest of marine
mammals in the proposed research area;
therefore, the provision relating to
impacts on certain subsistence activities
is not implicated by this proposed
action. No take by Level A harassment
(injury) or death is anticipated and
harassment takes should be at the
lowest level practicable due to
incorporation of the mitigation
measures proposed in this document.
Northern fur seals, Guadalupe fur
seals, and Steller sea lions are unlikely
to be found in the area and, therefore,
will not be affected. No rookeries,
mating grounds, areas of concentrated
feeding, or other areas of special
significance for marine mammals occur
within or near south VAFB harbor.
Proposed Authorization

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NMFS proposes to issue an IHA to
ULA for the Delta IV/EELV Program
during August 2009 to August 2010,
provided that the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: July 2, 2009.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E9–16070 Filed 7–7–09; 8:45 am]
BILLING CODE 3510–22–S

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CONSUMER PRODUCT SAFETY
COMMISSION
Proposed Extension of Approval of
Information Collection; Comment
Request—Safety Standard for
Automatic Residential Garage Door
Operators
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice.
SUMMARY: As required by the Paperwork
Reduction Act (44 U.S.C. Chapter 35),
the Consumer Product Safety
Commission (CPSC or Commission)
requests comments on a proposed
request for extension of approval of a
collection of information from
manufacturers and importers of
residential garage door operators. The
collection of information consists of
testing and recordkeeping requirements
in certification regulations
implementing the Safety Standard for
Automatic Residential Garage Door
Operators (16 CFR Part 1211). The
Commission will consider all comments
received in response to this notice
before requesting approval of this
extension of a collection of information
from the Office of Management and
Budget (OMB).
DATES: The Office of the Secretary must
receive written comments not later than
September 8, 2009.
ADDRESSES: Written comments should
be captioned ‘‘Residential Garage Door
Operators’’ and e-mailed to the Office of
the Secretary at cpsc-os@cpsc.gov.
Comments may also be sent by facsimile
to (301) 504–0127, or by mail to the
Office of the Secretary, Consumer
Product Safety Commission, 4330 EastWest Highway, Bethesda, Maryland
20814.
FOR FURTHER INFORMATION CONTACT: For
information about the proposed
collection of information call or write
Linda Glatz, Division of Policy and
Planning, Office of Information
Technology and Technology Services,
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD
20814; telephone: (301) 504–7671 or by
e-mail to lglatz@cpsc.gov.
SUPPLEMENTARY INFORMATION: In 1990,
Congress enacted legislation requiring
residential garage door operators to
comply with the provisions of a
standard published by Underwriters
Laboratories to protect against
entrapment under provisions of the
Consumer Product Safety Act (CPSA)
(15 U.S.C. 2051 et seq.). The entrapment
protection requirements of UL Standard
325 are codified into the Safety

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Standard for Automatic Residential
Garage Door Operators, 16 CFR Part
1211. Automatic residential garage door
operators must comply with the latest
edition of the Commission’s regulations
at 16 CFR Part 1211.
OMB approved the collection of
information concerning the Safety
Standard for Automatic Residential
Garage Door Operators under control
number 3041–0125. OMB’s most recent
approval will expire on October 31,
2009. The Commission now proposes to
request an extension of approval
without changes of this collection of
information.
A. Certification Requirements
Section 203 of Public Law 101–608
requires that UL Standard 325 shall be
considered to be a consumer product
safety standard under section 9 of the
CPSA (15 U.S.C. 2058). Section 14(a) of
the CPSA (15 U.S.C. 2063(a)) requires
manufacturers, importers, and private
labelers of a consumer product subject
to a consumer product safety standard
under the CPSA or similar rule, ban,
standard, or regulation under any other
act enforced by the Commission to issue
a certificate stating that the product
complies with all applicable rules, bans,
standards or regulations. Section 14(a)
of the CPSA also requires that the
certificate of compliance must be based
on a test of each product or upon a
reasonable testing program and specify
each such rule, ban, standard or
regulation applicable to the product.
Section 14(b) of the CPSA (15 U.S.C.
2063(b)) authorizes the Commission to
issue regulations to prescribe a
reasonable testing program to support
certificates of compliance with a
consumer product safety standard under
the CPSA or similar rule, ban, standard,
or regulation under any other act
enforced by the Commission. Section
16(b) of the CPSA (15 U.S.C. 2065(b))
authorizes the Commission to issue
rules to require that firms ‘‘establish and
maintain’’ records to permit the
Commission to determine compliance
with rules issued under the authority of
the CPSA.
On December 22, 1992, the
Commission issued rules prescribing
requirements for a reasonable testing
program to support certificates of
compliance with the Safety Standard for
Automatic Residential Garage Door
Operators (57 FR 60449). These
regulations also require manufacturers,
importers, and private labelers of
residential garage door operators to
establish and maintain records to
demonstrate compliance with the
requirements for testing to support
certification of compliance. 16 CFR Part

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices
1211, Subparts B and C. The
Commission uses the information
compiled and maintained by
manufacturers and importers of
residential garage door operators to
protect consumers from risks of death
and injury resulting from entrapment
accidents associated with garage door
operators. More specifically, the
Commission uses this information to
determine whether the products
produced and imported by those firms
comply with the standard. The
Commission also uses this information
to facilitate corrective action if any
residential garage door operators fail to
comply with the standard in a manner
that creates a substantial risk of injury
to the public.

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B. Estimated Burden
The Commission staff estimates that
about 21 firms are subject to the testing
and recordkeeping requirements of the
certification regulations. The staff
estimates that each respondent will
spend 40 hours annually on the
collection of information for a total of
about 840 hours. The estimated total
annual cost to industry is approximately
$22,800 based on 840 hours × $27.14
(the average hourly total compensation
for sales and office workers in goodsproducing industries, Bureau of Labor
Statistics, September 2008).
The Commission staff will expend
approximately 6 staff months reviewing
records required to be maintained for
automatic residential garage door
operators. The annual cost to the
Federal government of the collection of
information in these regulations is
estimated to be $83,000.
C. Request for Comments
The Commission solicits written
comments from all interested persons
about the proposed collection of
information. The Commission
specifically solicits information relevant
to the following topics:
—Whether the collection of information
described above is necessary for the
proper performance of the
Commission’s functions, including
whether the information would have
practical utility;
—Whether the estimated burden of the
proposed collection of information is
accurate;
—Whether the quality, utility, and
clarity of the information to be
collected could be enhanced; and
—Whether the burden imposed by the
collection of information could be
minimized by use of automated,
electronic or other technological
collection techniques, or other forms
of information technology.

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Dated: June 30, 2009.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E9–16009 Filed 7–7–09; 8:45 am]
BILLING CODE 6355–01–P

CONSUMER PRODUCT SAFETY
COMMISSION
Proposed Extension of Approval of
Information Collection; Comment
Request—Omnidirectional Citizens
Band Base Station Antennas
AGENCY: Consumer Product Safety
Commission.
ACTION:

Notice.

SUMMARY: As required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Consumer Product
Safety Commission requests comments
on a proposed extension of approval of
a collection of information from
manufacturers and importers of citizens
band base station antennas. The
collection of information is in
regulations implementing the Safety
Standard for Omnidirectional Citizens
Band Base Station Antennas (16 CFR
Part 1204). These regulations establish
testing and recordkeeping requirements
for manufacturers and importers of
antennas subject to the standard. The
Commission will consider all comments
received in response to this notice
before requesting an extension of
approval of this collection of
information from the Office of
Management and Budget (OMB).
DATES: The Office of the Secretary must
receive comments not later than
September 8, 2009.

Written comments should
be captioned ‘‘Citizens Band Base
Station Antennas’’ and e-mailed to the
Office of the Secretary at cpscos@cpsc.gov. Comments may also be
sent by facsimile to (301) 504–0127, or
by mail to the Office of the Secretary,
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda,
Maryland 20814.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT: For
information about the proposed
collection of information call or write
Linda Glatz, Division of Policy and
Planning, Office of Information
Technology and Technology Services,
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD
20814; telephone: (301) 504–7671 or by
e-mail to lglatz@cpsc.gov.
SUPPLEMENTARY INFORMATION:

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32571

A. Background
In 1982, the Commission issued the
Safety Standard for Omnidirectional
Citizens Band Antennas (16 CFR Part
1204) to reduce risks of death and
serious injury that may result if an
omnidirectional antenna contacts an
overhead power line while being
erected or removed from its site. The
standard contains performance tests to
demonstrate that an antenna will not
transmit a harmful electric current if it
contacts an electric power line with a
voltage of 14,500 volts phase-to-ground.
Certification regulations implementing
the standard require manufacturers,
importers, and private labelers of
antennas subject to the standard to
perform tests to demonstrate that those
products meet the requirements of the
standard, and to maintain records of
those tests. The certification regulations
are codified at 16 CFR Part 1204,
Subpart B.
The Commission uses the information
compiled and maintained by
manufacturers, importers, and private
labelers of antennas subject to the
standard to help protect the public from
risks of injury or death associated with
omnidirectional citizens band base
station antennas. More specifically, this
information helps the Commission
determine that antennas subject to the
standard comply with all applicable
requirements. The Commission also
uses this information to obtain
corrective actions if omnidirectional
citizens band base station antennas fail
to comply with the standard in a
manner which creates a substantial risk
of injury to the public.
OMB approved the collection of
information in the certification
regulations under control number 3041–
0006. OMB’s most recent extension of
approval expires on September 30,
2009. The Commission now proposes to
request an extension of approval
without change for the collection of
information in the certification
regulations.
B. Estimated Burden
The Commission staff estimates that
about 5 firms manufacture or import
citizens band base station antennas
subject to the standard. The
Commission staff estimates that the
certification regulations will impose an
average annual burden of about 220
hours on each of those firms. That
burden will result from conducting the
testing required by the regulations and
maintaining records of the results of that
testing. The total annual burden
imposed by the regulations on
manufacturers and importers of citizens

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