Unknown. Final rule

4,865 words·~22 min read·/register/2010/02/23/2010-3116

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-02-23.xml --- 75 35 Tuesday, February 23, 2010 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Blueberry and Hass Avocado Promotion, Research, and Information Orders; Section 610 Reviews, 7986-7987 2010-3446 Blueberry Promotion, Research, and Information Order; Withdrawal, 7985-7986 2010-3478 Kiwifruit Grown in California; Secretary's Decision and Referendum Order on Proposed Amendments to Marketing Order (No. 920), 7981-7985 2010-3477 NOTICES Meetings:

Fruit and Vegetable Industry Advisory Committee, 8038 2010-3447 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-3430 8031-8035 2010-3435 2010-3436 Air Force Air Force Department NOTICES Meetings: Air University Board of Visitors, 2010-3502 8049 2010-3504 Antitrust Antitrust Division NOTICES National Cooperative Research and Production Act of 1993:

Ice Crystal Consortium, 8116 2010-3088 Institute of Electrical and Electronics Engineers, 8115-8116 2010-3085 Joint Venture Under Tip Award No. (70NANB10H009), 8116 2010-3084 Network Centric Operations Industry Consortium, Inc., 8116 2010-3086 Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Civil Civil Rights Commission NOTICES Public Hearings: Department of Justice's Actions Related to the New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights Act, 8045 C1--2010--3168 Coast Guard Coast Guard RULES 2010 Rates for Pilotage on the Great Lakes, 7958-7971 2010-3396 PROPOSED RULES Safety Zones:

Wicomico Community Fireworks, Great Wicomico River, Mila, VA, 8005-8008 2010-3474 NOTICES Public Workshop: Marine Technology and Standards, 8099-8101 2010-3473 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Community Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8190 2010-3550 Consumer Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, 8045 2010-3323 Corporation Corporation for National and Community Service PROPOSED RULES Serve America Act Amendments to the National and Community Service Act (of 1990), 8013-8030 2010-3385 Council Council on Environmental Quality NOTICES National Environmental Policy Act Draft Guidance: Consideration of the Effects of Climate Change and Greenhouse Gas Emissions, 8046 2010-3532 Establishing, Applying, and Revising Categorical Exclusions under the National Environmental Policy Act, 8045-8046 2010-3531 NEPA Mitigation and Monitoring, 8046-8047 2010-3535 Defense Defense Department See Air Force Department See Engineers Corps Drug Drug Enforcement Administration NOTICES Denial of Application:

Jeri Hassman, M.D., 8194-8237 2010-3305 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8049-8050 2010-3506 Employee Employee Benefits Security Administration NOTICES Prohibited Transaction Exemptions and Grant of Individual Exemptions: 2010-01; Deutsche Bank, AG (Deutsche Bank or the Applicant), D-11082 and D-11109; 2010-02, State Street Bank and Trust Co., etc., 8117-8128 2010-3445 Proposed Exemptions: Citigroup Inc. and Its Affiliates (Citigroup or the Applicant);

Subaru of America, Inc. (Subaru); and Bank of New York Mellon (BNY Mellon); et al., 8128-8137 2010-3444 Energy Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners: Preliminary Technical Support Document; Public Meeting and Availability, 7987-7990 2010-3479 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Hanford, 8050-8051 2010-3480 2010-3483 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Duke Energy Carolinas, LLC, Offshore Wind Demonstration Project, Pamlico Sound, Dare County, NC, 8047-8049 2010-3494 Lower Walnut Creek General Reevaluation Report, 8047 2010-3493 EPA Environmental Protection Agency PROPOSED RULES Revisions to the California State Implementation Plan: Imperial County Air Pollution Control District, 8008-8013 2010-3513 NOTICES A Framework for Categorizing the Relative Vulnerability of Threatened and Endangered Species to Climate Change, 8053-8054 2010-3516 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Drinking Water State Revolving Fund Program (Renewal), 8055-8056 2010-3519 California State Nonroad Engine Pollution Control Standards: California New Nonroad Compression Ignition Engines, 8056-8061 2010-3237 Meetings: Clean Air Scientific Advisory Committee Particulate Matter Review Panel; Public Teleconference(s), 8062-8063 2010-3518 Stakeholder Meeting Regarding Revisions to the Unregulated Contaminant Monitoring Regulation, 8063 2010-3534 Regional Waiver of Section 1605 (Buy American requirement) of the American Recovery and Reinvestment Act (of 2009):

City of North Pole (the City) Alaska, 8063-8065 2010-3525 Environmental Quality Council See Council on Environmental Quality Executive Office of the President See Council on Environmental Quality See Management and Budget Office See Presidential Documents See Trade Representative, Office of United States Export Export-Import Bank NOTICES Meetings; Sunshine Act, 8065 2010-3322 FAA Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A310-203, -221, -222 Airplanes; and Model A300 F4-605R and -622R Airplanes, 7942-7945 2010-3222 Airbus Model A330-200 Series Airplanes and Model A340-200 and -300 Series Airplanes, 7940-7942 2010-3119 Airbus Model A380-841, -842, and -861 Airplanes, 7931-7934 2010-3121 Augustair, Inc.

Models 2150, 2150A, and 2180 Airplanes, 7945-7947 2010-3185 Bombardier, Inc. Model CL 600 2C10 (Regional Jet Series 700, 701, & 702), CL 600 2D15 (Regional Jet Series 705), et al. Airplanes, 7938-7940 2010-3096 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190 100 LR, 100 IGW, 100 STD, 200 STD, 200 LR, and 200 IGW Airplanes, 7929-7931 2010-3116 Extra Flugzeugproduktions- und Vertriebs- GmbH Models EA-300/200 and EA-300/L Airplanes, 7949-7951 2010-3120 McCauley Propeller Systems 1A103/TCM Series Propellers, 7934-7936 2010-3113 SCHEIBE-Flugzeugbau GmbH Model SF 25C Gliders, 7936-7938 2010-3186 Thielert Aircraft Engines GmbH

(TAE)Model TAE 125-01 Reciprocating Engines, 7947-7949 2010-3117 PROPOSED RULES Airworthiness Directives: Airbus A318, A319, A320, A321 Series Airplanes, 8003-8005 2010-3442 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB 135 and 145, 145ER, 145MR, 145LR, 145XR, 145MP, and 145EP Airplanes, 7998-8001 2010-3441 Hawker Beechcraft Corporation (Type Certificate No. A00010WI Previously Held By Raytheon Aircraft Company) Model 390 Airplanes, 8001-8003 2010-3538 Thielert Aircraft Engines GmbH

(TAE)Models TAE 125-01 and TAE 125-02-99 Reciprocating Engines, etc., 7996-7998 2010-3484 FCC Federal Communications Commission RULES Elimination of the Commission's Rules Governing International Fixed Public Radiocommunication Services, 7971-7974 2010-3262 Procedures to Govern Use of Satellite Earth Stations on Board Vessels (59256425 MHz/37004200 MHz Bands and 14.014.5 GHz/11.712.2 GHz Bands), 7975-7976 2010-3381 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8065-8070 2010-3462 2010-3490 2010-3541 Closed Auction of Broadcast Construction Permits Scheduled for July 20, 2010; Auction 88: Comment Sought on Competitive Bidding Procedures, etc., 8070-8076 2010-3583 FDIC Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Renewal of Currently Approved Collection (3064-0127), 8076-8077 2010-3411 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 7955-7958 2010-3428 2010-3440 NOTICES Emergency Declaration: Arizona (Amendment No. 1), 8098 2010-3438 Major Disaster and Related Determinations: Arkansas, 8098-8099 2010-3437 North Carolina, 8099 2010-3439 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Petal Gas Storage, L.L.C., 8051-8052 2010-3459 Filing: Stetson Wind II, LLC, 8052 2010-3460 Initial Market-Based Rate Filing: Centre Lane Trading Ltd., 8052-8053 2010-3458 Request Under Blanket Authorization: Southern Star Central Gas Pipeline, Inc., 8053 2010-3461 Federal Housing Federal Housing Finance Agency PROPOSED RULES Use of Community Development Loans by Community Financial Institutions to Secure Advances, etc., 7990-7995 2010-3407 Federal Housing Federal Housing Finance Board PROPOSED RULES Use of Community Development Loans by Community Financial Institutions to Secure Advances, etc., 7990-7995 2010-3407 FMC Federal Maritime Commission NOTICES Petition for Exemption from Mandatory Tariff Publication: National Customs Brokers and Forwarders Association of America, Inc., 8077-8078 2010-3325 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Drivers License Standards: Application for Exemption: Volvo Trucks North America (Volvo), 8181-8182 2010-3561 Qualification of Drivers; Exemption Applications; Diabetes, 8182-8183 2010-3562 Qualification of Drivers; Exemption Applications; Vision, 8183-8186 2010-3567 2010-3573 Qualification of Drivers; Exemption Renewals; Vision, 2010-3566 8186-8188 2010-3575 2010-3577 2010-3582 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8180-8181 2010-3427 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for Single Use Permits and Registration of Production Facilities, 8102-8103 2010-3367 Comprehensive Conservation Plan and Environmental Assessment: Don Edwards San Francisco Bay National Wildlife Refuge, Alameda, Santa Clara, and San Mateo Counties, CA, 8106-8107 2010-3557 Final Comprehensive Conservation Plans, Availability, etc.: Bond Swamp National Wildlife Refuge, Bibb and Twiggs Counties, GA, 8107-8108 2010-3482 Food Food and Drug Administration NOTICES Debarment Orders: Patrick J. Lais, 8081-8082 2010-3552 Preventive Controls for Fresh Produce; Request for Comments, 8086-8087 2010-3409 Food Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Nutrition Assistance Program; Federal Collection of State Plan of Operations, Operating Guidelines and Forms, 8035-8036 2010-3448 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Monitor-Hot Creek Rangelend Project, 8036-8037 2010-3327 Health Health and Human Services Department See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Meetings: HIT Policy Committee's Workgroup, 8078-8079 2010-3547 HIT Standards Committee's Workgroup, 8079 2010-3548 President's Advisory Council on Faith-based and Neighborhood Partnerships, 8079-8080 2010-3559 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency PROPOSED RULES Privacy Act of 1974; Implementation of Exemptions: Department of Homeland Security Transportation Security Administration - 023 Workplace Violence Prevention Program System of Records, 7978-7979 2010-3360 Department of Homeland Security/ALL - 027 The History of the Department of Homeland Security System of Records, 7979-7981 2010-3361 NOTICES Meetings: DHS Data Privacy and Integrity Advisory Committee, 8087-8088 2010-3400 Privacy Act; Systems of Records: Department of Homeland Security Transportation Security Administration - 023 Workplace Violence Prevention Program System of Records, 8096-8098 2010-3401 Department of Homeland Security/ALL - 023 Personnel Security Management System of Records, 8088-8092 2010-3362 Department of Homeland Security/ALL - 027 The History of the Department of Homeland Security System of Records, 8092-8095 2010-3402 Indian Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Self-Determination and Education Assistance Contracts, 8103-8104 2010-3486 Tax Credit Bonds for Bureau of Indian Affairs-Funded Schools, 8104-8105 2010-3487 Indian Gaming; Approved Tribal-State Class III Gaming Compact, 8108 2010-3399 Indian Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Self-Determination and Education Assistance Contracts, 8103-8104 2010-3486 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service NOTICES Charter Renewal: Art Advisory Panel, 8190-8191 2010-3429 International International Trade Administration NOTICES Export Trade Certificate of Review, 8040-8042 2010-3422 International International Trade Commission NOTICES Investigations: Cast Steel Railway Wheels, Processes for Manufacturing or Relating to Same and Certain Products Containing Same, 8114-8115 2010-3421 Certain Electronic Devices Having Image Capture or Display Functionality and Components, 8115 2010-3420 Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, 8112-8113 2010-3426 Chloropicrin from China, 8112 2010-3530 Drill Pipe from China, 8113-8114 2010-3424 Preserved Mushrooms from Chile, China, India, and Indonesia, 8111-8112 2010-3528 Pressure Sensitive Plastic Tape from Italy, 8114 2010-3423 Prestressed Concrete Steel Wire Strand from China, 8113 2010-3425 Justice Justice Department See Antitrust Division See Drug Enforcement Administration Labor Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Alaska Native Claims Selection, 8105-8106 2010-3416 2010-3417 2010-3418 Environmental Impact Statements; Availability, etc. Stirling Energy Systems Solar Two Project and Possible California Desert Conservation Area Plan Amendment; Correction, 8105 C1--2010--3374 Proposed Withdrawal Extension and Opportunity for Public Meeting; Alaska, 8111 2010-3419 Management Management and Budget Office NOTICES Coordination and Strategic Planning of the Federal Effort Against Intellectual Property Infringement: Request of the Intellectual Property Enforcement Coordinator for Public Comments Regarding the Joint Strategic Plan, 8137-8139 2010-3539 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings; Sunshine Act, 8139 2010-3306 National Institute National Institute of Standards and Technology NOTICES American Petroleum Institute's Standards Activities, 8039-8040 2010-3500 Meetings: Advisory Committee on Earthquake Hazards Reduction, 8042-8043 2010-3505 Prospective Grant of Exclusive Patent License, 8043 2010-3501 Summer Undergraduate Research Program; Extension of Due Date for Proposals, 8044-8045 2010-3507 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Investigating the Causes of Post Donation information; Errors in the Donor Screening Process, 8080-8081 2010-3449 Government-Owned Inventions; Availability for Licensing, 8082-8083 2010-3450 Meetings: National Heart, Lung, and Blood Institute, 8085 2010-3457 National Institute of Allergy and Infectious Diseases, 8084 2010-3453 National Institute of Dental and Craniofacial Research, 8084-8085 2010-3455 National Institute of Diabetes and Digestive and Kidney Diseases, 8084-8085 2010-3451 2010-3456 National Institutes of Health Guidelines for Human Stem Cell Research, 8085-8086 2010-3527 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska, 7976 2010-3568 Pacific Cod for American Fisheries Act Catcher-Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, 7976-7977 2010-3569 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8101-8102 2010-3556 National Register of Historic Places: Notification of Pending Nominations and Related Actions, 8108-8109 2010-3554 Weekly Listing of Historic Properties, 8109-8111 2010-3553 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 8139 2010-3692 Nuclear Nuclear Regulatory Commission NOTICES Biweekly Notice; Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 8139-8147 2010-3357 Consideration of Amendment Request for Decommissioning: Analytical Bio-Chemistry Laboratories, Inc., Sanitary Lagoon, Columbia, MO, 8147-8149 2010-3351 Environmental Assessments, etc.: Arizona Public Service Co., et al., Palo Verde Nuclear Generating Station (Units 1, 2, and 3), 8149-8150 2010-3496 Nebraska Public Power District, Cooper Nuclear Station, 8153-8154 2010-3497 Pacific Gas and Electric Co., Diablo Canyon Power Plant, 8152-8153 2010-3499 STP Nuclear Operating Co., South Texas Project (Units 1 and 2), 8150-8151 2010-3498 Meetings: Advisory Committee on Reactor Safeguards, 8154-8155 2010-3489 Meetings; Sunshine Act, 8155 2010-3665 Office of Management and Budget See Management and Budget Office Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8038-8039 2010-3481 Request for Nominations: National Medal of Technology and Innovation Nomination Evaluation Committee, 8043-8044 2010-3398 Postal Postal Regulatory Commission RULES New Postal Product, 7951-7954 2010-3475 Presidential Presidential Documents EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: Fiscal Responsibility and Reform, National Commission (EO 13531), 7927-7928 2010-3725 Reclamation Reclamation Bureau NOTICES Change in Discount Rate for Water Resources Planning, 8106 2010-3137 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 8155-8156 2010-3685 Order of Suspension of Trading: Electronic Game Card, Inc., 8156 2010-3643 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 8161-8163 2010-3468 Financial Industry Regulatory Authority, Inc., 8169-8171 2010-3393 International Securities Exchange, LLC, 8158-8160 2010-3465 NASDAQ Stock Market LLC, 8156-8158, 8160-8161 2010-3394 2010-3467 New York Stock Exchange LLC, 8163-8164 2010-3466 NYSE Arca, Inc., 8164-8169 2010-3464 Social Social Security Administration NOTICES Privacy Act; Systems of Records, 8171-8176 2010-3495 State State Department NOTICES Meetings: Advisory Committee on Historical Diplomatic Documentation, 8176-8177 2010-3564 Shipping Coordinating Committee, 8176 2010-3565 U.S. Advisory Commission on Public Diplomacy, 8176 2010-3563 Surface Surface Transportation Board NOTICES Adverse Abandonment: City of Chicago, IL; Chicago Terminal Railroad in Chicago, IL, 8179-8180 2010-3408 Trade Trade Representative, Office of United States NOTICES WTO Dispute Settlement Proceeding: United States Anti-Dumping Measures on Certain Shrimp from Viet Nam, 8177-8178 2010-3551 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Surface Transportation Board NOTICES Application for Commuter Air Carrier Authority: Rugby Aviation LLC d/b/a Northwest Sky Ferry, 8178-8179 2010-3452 Treasury Treasury Department See Community Development Financial Institutions Fund See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8188-8190 2010-3431 2010-3432 Separate Parts In This Issue Part II Justice Department, Drug Enforcement Administration, 8194-8237 2010-3305 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 35 Tuesday, February 23, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2009-0418; Directorate Identifier 2009-NM-020-AD; Amendment 39-16201; AD 2010-04-08] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 LR, and -200 IGW Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD results from mandatory continuing airworthiness information

(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: During routine inspection procedures on the wing assembly line it was identified the possibility of cracks and deformation developing during assembly on the internal wing spars and rib flanges, causing a safe[ty] margin reduction. The unsafe condition is cracking and deformation of wing spar and rib flanges, which could result in loss of structural integrity of the wing. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective March 30, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of March 30, 2010. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2848; fax

(425)227-1149. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on May 7, 2009 (74 FR 21285). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: During routine inspection procedures on the wing assembly line it was identified the possibility of cracks and deformation developing during assembly on the internal wing spars and rib flanges, causing a safe[ty] margin reduction. The unsafe condition is cracking and deformation of wing spar and rib flanges, which could result in loss of structural integrity of the wing. Corrective actions include performing a detailed inspection for damage on wing spar I, II, and III flanges and on certain rib flanges, and contacting Agência Nacional de Aviação Civil

(ANAC)(or its delegated agent) and Embraer for an approved repair. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. Request To Remove Certain Model ERJ 190 Airplanes Embraer requests that we remove Model ERJ 190-100 ECJ airplanes from the applicability of the NPRM, because that model is not included in the effectivity statement of Embraer Service Bulletin 190-57-0023, dated June 9, 2008, and is not subject to the unsafe condition addressed by the NPRM. We agree, for the reasons provided by the commenter. We have revised the applicability statement of the AD accordingly. Request To Change Repair Contact Authority Embraer requests that we change paragraph (f)(2) of the NPRM to require that any repair of detected cracking or deformation be approved by either the FAA or the ANAC, and that Embraer may be contacted for repair support. Embraer states that the appropriate corrective action would be applying an authority-approved repair to the damaged wing rib and spar flanges. We disagree with the commenter's request to change paragraph (f)(2) of this AD. As specified in paragraph (g)(2) of this AD, corrective actions obtained from a manufacturer cannot be used unless they are FAA-approved. Paragraph (g)(2) of this AD also states that corrective actions are considered FAA-approved if they are approved by the State of Design Authority, in this case ANAC (or its delegated agent). We have not changed the AD in this regard. Request To State When No Further Action Is Required Embraer requests that we add a paragraph (f)(3) to the NPRM stating “If no cracking or deformation is detected during the inspection required by paragraph (f)(1) of this AD, no further action is required.” Embraer did not provide justification for this request. We agree with Embraer's request to add the statement as clarification. We have therefore added paragraph (f)(3) to the AD. Explanation of Change to Costs of Compliance Since issuance of the NPRM, we have increased the labor rate used in the Costs of Compliance from $80 per work-hour to $85 per work-hour. The Costs of Compliance information, below, reflects this increase in the specified hourly labor rate. Conclusion We reviewed the available data, including the comment received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 27 products of U.S. registry. We also estimate that it will take about 10 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $22,950, or $850 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a 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. *For the reasons discussed above, I certify this AD:* 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2010-04-08 Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Amendment 39-16201. Docket No. FAA-2009-0418; Directorate Identifier 2009-NM-020-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective March 30, 2010. Affected ADs

(b)None. Applicability

(c)This AD applies to Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190-100 LR, -100 IGW, -100 STD, -200 STD, -200 LR, and -200 IGW airplanes, certificated in any category, serial numbers 19000002, 19000004, and 19000006 through 19000062 inclusive. Subject

(d)Air Transport Association

(ATA)of America Code 57: Wings. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: During routine inspection procedures on the wing assembly line it was identified the possibility of cracks and deformation developing during assembly on the internal wing spars and rib flanges, causing a safe[ty] margin reduction. The unsafe condition is cracking and deformation of wing spar and rib flanges, which could result in loss of structural integrity of the wing. Corrective actions include performing a detailed inspection for damage on wing spar I, II, and III flanges and on certain rib flanges, and contacting Agência Nacional de Aviação Civil

(ANAC)(or its delegated agent) and Embraer for an approved repair. Actions and Compliance

(f)Unless already done, do the following actions.

(1)Before the accumulation of 5,000 total flight cycles on the airplane, or within 1,000 flight cycles after the effective date of this AD, whichever occurs later: Perform a detailed inspection of the left and right wing rib and spars I, II, and III flanges to detect cracking or deformation, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 190-57-0023, dated June 9, 2008.

(2)If any cracking or deformation is detected during the inspection required by paragraph (f)(1) of this AD, before further flight, send the inspection results and request for repair instructions to ANAC (or its delegated agent) and Embraer Technical Support; e-mail: *structure@embraer.com.br;* and do the repair.

(3)If no cracking or deformation is detected during the inspection required by paragraph (f)(1) of this AD, no further action is required by this AD. FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows: Although the MCAI or service information allows further flight after cracks are found during compliance with the required action, paragraph (f)(2) of this AD requires that you repair the crack(s) before further flight. Other FAA AD Provisions

(g)The following provisions also apply to this AD:

(1)*Alternative Methods of Compliance (AMOCs):* The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2848; fax

(425)227-1149. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector

(PMI)or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office.

(2)*Airworthy Product:* For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service.

(3)*Reporting Requirements:* For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ), the Office of Management and Budget

(OMB)has approved the information collection requirements and has assigned OMB Control Number 2120-0056. Related Information

(h)Refer to MCAI Brazilian Airworthiness Directive 2008-10-03, effective October 21, 2008; and Embraer Service Bulletin 190-57-0023, dated June 9, 2008; for related information. Material Incorporated by Reference

(i)You must use Embraer Service Bulletin 190-57-0023, dated June 9, 2008, as applicable, to do the actions required by this AD, unless the AD specifies otherwise.

(1)The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227-901 São Jose dos Campos—SP—BRASIL; *telephone:* +55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; *e-mail: distrib@embraer.com.br; Internet: http://www.flyembraer.com.*

(3)You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425-227-1221 or 425-227-1152.

(4)You may also review copies of the service information that is incorporated by reference 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.* Issued in Renton, Washington, on February 5, 2010. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010-3116 Filed 2-22-10; 8:45 am]

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