Unknown. Final rule; request for comments

6,790 words·~31 min read·/register/2010/04/26/2010-9692·

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-2010-04-26.xml --- 75 79 Monday, April 26, 2010 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Business-Cooperative Service See Rural Utilities Service PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21730-21747 2010-8928 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21577 2010-9543 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Communicable Diseases in Horses; Correction, 21577 C1--2010--9054 Census Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Business and Professional Classification Report, 21592-21593 2010-9567 Survey of Income and Program Participation Wave 8 of the 2008 Panel, 21593-21594 2010-9536 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21630-21631 2010-9606 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 21750-21771 2010-8930 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21591-21592 2010-9570 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21603 2010-9643 Defense Defense Department RULES Retroactive Stop Loss Special Pay Compensation; Correction, 21505-21506 2010-9541 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21773-21776, 21900-21902 2010-8932 2010-8993 NOTICES Renewal of Department of Defense Federal Advisory Committee:

Advisory Council on Dependents' Education, 21604-21605 2010-9540 Missouri River (North Dakota) Task Force, 21603-21604 2010-9539 Defense Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 21605-21606 2010-9720 Drug Drug Enforcement Administration NOTICES Importer of Controlled Substances; Application, 21660-21661 2010-9562 2010-9564 Manufacturer of Controlled Substances; Application, 21661 2010-9559 Education Education Department RULES Magnet Schools Assistance Program, 21506 2010-9195 NOTICES Applications for New Awards (FY 2010):

Investing in Innovation Fund; Correction, 21614 2010-9649 Rehabilitation Capacity Building for Traditionally Underserved Populations, etc., 21617-21621 2010-9635 Rehabilitation Short-Term Training Program, 21614-21617 2010-9646 Rehabilitation Training—National Clearinghouse of Rehabilitation Training Materials, 21606-21609 2010-9626 State Vocational Rehabilitation Unit In-Service Training, 21610-21613 2010-9644 Meetings: National Assessment Governing Board, 21621-21623 2010-9576 Employee Employee Benefits Security Administration NOTICES Grants of Individual Exemptions:

Chrysler LLC, Located in Auburn Hills, MI, 21668-21678 2010-9607 Employment Employment and Training Administration NOTICES Amended Certification Eligibility to Apply for Worker Adjustment Assistance: Maysteel, LLC, Including On-Site Leased Workers, etc., Menomonee Falls, WI, 21663 2010-9571 Energy Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21778-21779 2010-8967 EPA Environmental Protection Agency PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 21872-21884 2010-8940 NOTICES Draft NPDES General Permits MAG910000 and NHG910000; Availability: Remediation Facility Discharges in the Commonwealth Of Massachusetts, et al., 21625 2010-9628 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 21625-21626 2010-9462 Executive Office of the President See Science and Technology Policy Office FAA Federal Aviation Administration RULES Airworthiness Directives: Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes, 21499-21503 2010-9692 PROPOSED RULES Airworthiness Directives:

Bombardier, Inc. Model DHC 8 200 and DHC 8 300 Series Airplanes, 21530-21532 2010-9573 McDonnell Douglas Corporation Model MD-90-30 Airplanes, 21528-21530 2010-9572 Airworthiness Standards: Rotor Overspeed Requirements, 21523-21527 2010-9588 Establishments of Class E Airspace: Bryce Canyon, UT, 21532-21534 2010-9614 FBI Federal Bureau of Investigation NOTICES Meetings: Criminal Justice Information Services Advisory Policy Board, 21661-21662 2010-9444 FCC Federal Communications Commission PROPOSED RULES Assessment and Collection of Regulatory Fees (Fiscal Year 2010), 21536-21567 2010-9553 Regulatory Agenda:

Semiannual Regulatory Agenda, 21904-21947 2010-8968 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21626-21627 2010-9566 Status of Short-Form Applications to Participate in Auction (87): Auction of Lower and Upper Paging Bands Licenses (Rescheduled for June 15, 2010), 21627 2010-9623 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 21627-21628 2010-9535 Federal Energy Federal Energy Regulatory Commission RULES Transferring Certain Enforcement Hotline Matters to the Dispute Resolution Service, 21503-21505 2010-9125 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 21623-21625 2010-9529 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 21719 2010-9666 Federal Railroad Federal Railroad Administration NOTICES Application for Approval of Discontinuance or Modification of a Railroad Signal System, etc., 21717-21718 2010-9631 Federal Reserve Federal Reserve System PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21950 2010-8941 NOTICES Changes in Bank Control;

Acquisitions of Shares of Banks or Bank Holding Companies, 21628 2010-9593 FTC Federal Trade Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21952-21953 2010-8982 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition to List the Harlequin Butterfly as Endangered, 21568-21571 2010-9533 Marine Mammal Protection Act; Deterrence Guidelines, 21571-21576 2010-9595 NOTICES Endangered and Threatened Wildlife and Plants:

Attwaters Prairie-Chicken (Tympanuchus cupido attwateri) Recovery Plan, Second Revision, 21649-21650 2010-9605 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agreement for Shipment of Devices for Sterilization, 21631-21632 2010-9555 Draft Guidance for Industry and Food and Drug Administration Staff: Total Product Life Cycle; Infusion PumpPremarket Notification [510(k)] Submissions; Availability , 21632-21634 2010-9209 Meetings:

Infusion Pumps, 21641-21642 2010-9208 Foreign Foreign-Trade Zones Board NOTICES Applications for Reorganization/Expansion under Alternative Site Framework: Foreign-Trade Zone 126 - Reno, NV, 21594-21595 2010-9621 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Rogue River-Siskiyou National Forest, Powers Ranger District, Coos, County, OR, etc., 21577-21579 2010-9437 Meetings: Modoc County Resource Advisory Committee, 21583 2010-9600 Siskiyou County Resource Advisory Committee, 21583 2010-9440 Wrangell-Petersburg Resource Advisory Committee, 21583 2010-9583 Proposed New Fee Site:

Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447), 21583-21584 2010-9445 GSA General Services Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21886-21888, 21900-21902 2010-8988 2010-8993 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Health and Human Services Acquisition Regulation;

Corrections, 21508-21512 2010-9382 PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21782-21804 2010-8934 NOTICES Meetings: HIT Policy Committee, 21629-21630 2010-9578 HIT Policy Committee's Workgroups, 21630 2010-9579 HIT Standards Committee, 21628-21629 2010-9575 HIT Standards Committee's Workgroups, 21629 2010-9577 Health Health Resources and Services Administration NOTICES Secretary's Advisory Committee on Heritable Disorders in Newborns and Children's Commissioned Report;

Request for Comments, 21645-21647 2010-9625 Homeland Homeland Security Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21806-21813 2010-8960 Housing Housing and Urban Development Department NOTICES Web Availability: Opportunity to Register and Other Important Information for Electronic Application Submissions Continuum of Care Homeless Assistance Programs, 21647-21648 2010-9617 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service See National Park Service See Surface Mining Reclamation and Enforcement Office PROPOSED RULES Regulatory Agenda Semiannual Regulatory Agenda, 21816-21817 2010-8937 International International Boundary and Water Commission, United States and Mexico NOTICES Availability of a Draft Environmental Assessment and Finding of No Significant Impact:

Arroyo Colorado South Levee Rehabilitation Project in Cameron and Hidalgo Counties, Texas, 21659-21660 2010-9426 International International Trade Administration NOTICES Beauty and Cosmetics Trade Mission to India, 21595-21597 2010-9534 Business Development Trade Mission to Baghdad, Iraq, 21597-21598 2010-9590 Energy and Infrastructure Mission to Saudi Arabia, 21598-21600 2010-9597 International International Trade Commission NOTICES Investigations: Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago, 21658-21659 2010-9538 Wooden Bedroom Furniture from China, 21657-21658 2010-9537 Meetings;

Sunshine Act, 21659 2010-9770 Justice Justice Department See Drug Enforcement Administration See Federal Bureau of Investigation PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21820-21822 2010-8985 NOTICES Lodging of Consent Decree Under the Residential Lead-Based Paint Hazard Reduction Act, 21660 2010-9524 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Occupational Safety and Health Administration PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 21824-21838 2010-8938 Legal Legal Services Corporation RULES Fee-Generating Cases: Use of Non-LSC Funds, Transfers of LSC Funds, Program Integrity; Attorneys' Fees, 21506-21508 2010-9397 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21715-21716 2010-9586 Mexico and United States, International Boundary and Water Commission See International Boundary and Water Commission, United States and Mexico Minerals Minerals Management Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Oil Spill Financial Responsibility for Offshore Facilities, 21648-21649 2010-9622 Requests for Interest (RFI): Commercial Leasing for Wind Power on Outer Continental Shelf Offshore Delaware, 21653-21657 2010-9610 NASA National Aeronautics and Space Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21900-21902 2010-8993 National Credit National Credit Union Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21956-21957 2010-8979 National Economic National Economic Council NOTICES Extension of Comment Period:

Commercialization of University Research Request for Information, 21686 2010-9560 National Highway National Highway Traffic Safety Administration PROPOSED RULES Denial of Petition for Rulemaking: Federal Motor Vehicle Safety Standard No. 108; Lamp, Reflective Devices and Associated Equipment, 21567-21568 2010-9587 NIH National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 21634-21640 2010-9640 2010-9641 2010-9642 Meetings: Center for Scientific Review, 21641 2010-9652 National Advisory Neurological Disorders and Stroke Council, 21643 2010-9616 National Cancer Institute, 21640, 21643-21645 2010-9639 2010-9636 2010-9637 National Heart, Lung, and Blood Institute, 21644 2010-9651 National Institute on Deafness and Other Communication Disorders, 21643 2010-9615 Office of the Director, National Institutes of Health, 21640-21643 2010-9618 2010-9638 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic:

Reef Fish Fishery of Gulf of Mexico; Amendment (31), 21512-21520 2010-9613 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Natural Resource Damage Assessment Restoration Project Information Sheet, 21592 2010-9596 Groundfish Fisheries of the Bering Sea and Aleutian Islands Area and the Gulf of Alaska: King and Tanner Crab Fisheries in Bering Sea/Aleutian Islands; Scallop and Salmon Fisheries Off Coast of Alaska, 21600-21601 2010-9569 Issuance of Permit:

Endangered Species, 21601-21602 2010-9620 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Coral Reef Restoration Plan; Biscayne National Park, FL, 21650-21651 2010-9548 Prisoners Harbor Coastal Wetland Restoration Plan, Channel Islands National Park, Santa Barbara County, CA, 21651-21652 2010-9547 National Register of Historic Places: Notification of Pending Nominations and Related Actions, 21652 2010-9589 National Science National Science Foundation NOTICES Meetings:

Business and Operations Advisory Committee, 21678 2010-9554 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Commerce Spectrum Management Advisory Committee, 21602-21603 2010-9561 Online Safety and Technology Working Group, 21602 2010-9563 Nuclear Nuclear Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21960-21961 2010-8980 NOTICES Environmental Assessments; Findings of No Significant Impact:

STP Nuclear Operating Co., South Texas Project, Units 1 and 2, 21678-21679 2010-9585 Establishment of Atomic Safety and Licensing Board: GE-Hitachi Global Laser Enrichment LLC, 21680 2010-9581 Facility Operating Licenses; Amendments, etc.: Exelon Generation Co., LLC, et al.; Peach Bottom Atomic Power Station (Units 2 and 3), 21680-21685 2010-9582 Occupational Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Access to Employee Exposure and Medical Records, 21662-21663 2010-9544 Application for Expansion of Recognition: Underwriters Laboratories Inc., 21664-21666 2010-9545 Canadian Standards Association; Application for Expansion of Recognition, 21666-21668 2010-9546 Postal Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 21685 2010-9774 Railroad Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21685-21686 2010-9531 Regulatory Regulatory Information Service Center PROPOSED RULES Regulatory Agenda Semiannual Regulatory Agenda;

Regulatory Plan, 21723-21728 2010-9118 Research Research and Innovative Technology Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Airline Service Quality Performance (Part 234), 21716 2010-9556 Report of Passengers Denied Confirmed Space (BTS Form 251), 21717 2010-9557 Rural Rural Business-Cooperative Service NOTICES Solicitation of Applications (NOSA): Renewable Energy Systems and Energy Efficiency Improvements Grants and Guaranteed Loans, etc., 21584-21591 2010-9580 RUS Rural Utilities Service NOTICES Grant Application Deadlines and Funding Levels, 21579-21583 2010-9452 Science Science and Technology Policy Office NOTICES Extension of Comment Period:

Commercialization of University Research Request for Information, 21686 2010-9560 SEC Securities and Exchange Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21964-21971 2010-8964 NOTICES Meetings; Sunshine Act, 21686 2010-9745 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 21686-21688 2010-9549 NASDAQ OMX PHLX, Inc., 21689-21690 2010-9551 NASDAQ Stock Market LLC, 21688-21689 2010-9552 NYSE Arca, Inc., 21690-21692 2010-9550 SBA Small Business Administration PROPOSED RULES Disaster and Miscellaneous Amendments:

Surety Bond Guarantee Program, 21521-21523 2010-9434 Regulatory Agenda: Semiannual Regulatory Agenda, 21890-21897 2010-8943 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Texas Regulatory Program, 21534-21536 2010-9574 Surface Surface Transportation Board NOTICES Control: Canadian National Railway Co. and Grand Trunk Corp.; EJ and E West Co., 21718-21719 2010-9611 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration See Surface Transportation Board PROPOSED RULES Regulatory Agenda:

Semiannual Regulatory Agenda, 21840-21865 2010-8987 NOTICES Denial of Airlines Temporary Exemption Requests from DOTs Tarmac Delay Rules for JFK, EWR et al., 21692-21695 2010-9716 Funding Availabilities: National Infrastructure Investments, 21695-21715 2010-9591 Treasury Treasury Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 21868-21870 2010-8939 Separate Parts In This Issue Parts II-XXIII The Unified Agenda of the Federal Regulatory and Deregulatory Actions 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 79 Monday, April 26, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2010-0430; Directorate Identifier 2010-NM-098-AD; Amendment 39-16270; AD 2010-09-05] RIN 2120-AA64 Airworthiness Directives;

The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER Series Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. SUMMARY: The FAA is superseding an existing airworthiness directive

(AD)that applies to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. The existing AD currently requires doing a detailed inspection of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms for gaps between the swage ring and the aft attach lug, and between the spacer and the aft attach lug; trying to move or rotate the spacer using hand pressure; and replacing any discrepant elevator tab control mechanism, including performing the detailed inspection on the replacement part before and after installation. For certain airplanes, this new AD adds improved repetitive inspections for discrepancies of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms, and replacement if necessary. For certain other airplanes, this new AD adds a one-time inspection for discrepancies of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms, and replacement if necessary. For airplanes on which the elevator control tab mechanism is replaced with a certain mechanism, this AD requires repetitive inspections for discrepancies of the elevator control tab mechanism and replacement if necessary. Replacing the elevator control tab mechanism with a new, Boeing-built mechanism terminates the repetitive inspections. This AD results from a report of failure of the aft attach lugs on the left elevator tab control mechanism, which resulted in severe elevator vibration; this event occurred on an airplane on which the existing AD had been done. We are issuing this AD to detect and correct a loose bearing in the aft lug of the elevator tab control mechanism, which could result in unwanted elevator and tab vibration. Consequent structural failure of the elevator or horizontal stabilizer could result in loss of structural integrity and aircraft control. DATES: This AD becomes effective April 29, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 29, 2010. On April 7, 2010 (75 FR 16648, April 2, 2010), the Director of the Federal Register approved the incorporation by reference of a certain other publication listed in the AD. We must receive any comments on this AD by June 10, 2010. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; e-mail *me.boecom@boeing.com* ; Internet *https://www.myboeingfleet.com.* Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Kelly McGuckin, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)917-6490; fax

(425)917-6590. SUPPLEMENTARY INFORMATION: Discussion On March 18, 2010, we issued AD 2010-06-51, amendment 39-16250 (75 FR 16648, April 2, 2010). That AD applies to all The Boeing Company Model 737-600, -700, -700C, -800, -900, and -900ER series airplanes. That AD requires doing a detailed inspection of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms for gaps between the swage ring and the aft attach lug, and between the spacer and the aft attach lug; trying to move or rotate the spacer using hand pressure; and replacing any discrepant elevator tab control mechanism, including performing the detailed inspection on the replacement part before and after installation. That AD resulted from a report of failure of the aft attach lugs on the left elevator tab control mechanism, which resulted in severe elevator vibration. The actions specified in that AD are intended to detect and correct a loose bearing in the aft lug of the elevator tab control mechanism, which could result in unwanted elevator and tab vibration. Consequent structural failure of the elevator or horizontal stabilizer could result in loss of structural integrity and aircraft control. Actions Since AD Was Issued Since we issued that AD, we received an additional report of failure of the aft attach lugs on the left elevator tab control mechanism. This event occurred on an airplane that had been inspected in accordance with AD 2010-06-51. We have determined that an improved inspection is necessary to address the identified unsafe condition. We verified the inspection procedure with an operator prior to approval of Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010. Relevant Service Information We have reviewed Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010. The service bulletin describes procedures for Model 737-700, -700C, -800, and -900ER series airplanes, line numbers 2508 through 3250 inclusive. The service bulletin specifies a one-time detailed inspection (for all airplanes having line numbers 2708 through 3250 inclusive that are approved for operation under ETOPS), and repetitive detailed inspections (for all airplanes having line numbers 2508 through 2707 inclusive) for discrepancies of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms, and replacing any discrepant mechanisms. The detailed inspection includes the use of a feeler gage and finger pressure and instructs to apply hand pressure during the inspection for gaps and looseness. Discrepancies include the following conditions: • The spacer moves or rotates. • Gap exists between the swage ring and the outer face of the aft attach lug such that a 0.005 inch feeler gage can be inserted more than 0.025 inch. • Gap exists between two nested lugs such that a 0.005 inch feeler gage can be inserted more than 0.050 inch. • Gap exists between the inner face of the aft attach lug and the spacer such that a 0.005 inch feeler gage can be inserted more than 0.050 inch. The service bulletin also specifies that for airplanes on which the elevator control tab mechanism is replaced with an elevator control tab mechanism that is not a Boeing-built mechanism, the repetitive detailed inspections described above are necessary. The service bulletin also specifies that replacing discrepant elevator control tab mechanisms with Boeing-built elevator control tab mechanisms eliminates the need for the repetitive inspections. FAA's Determination and Requirements of This AD The unsafe condition described previously is likely to exist or develop on other airplanes of these same type designs. For this reason, we are issuing this AD to supersede AD 2010-06-51. This new AD retains the inspection requirements of AD 2010-06-51, and also requires, for certain airplanes, accomplishing the actions specified in Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010, described previously, except as discussed under “Differences Between the AD and Boeing Alert Service Bulletin 737-27A1297.” This new AD also requires sending the inspection results to the manufacturer and sending discrepant elevator control tab mechanisms to the manufacturer. Differences Between the AD and Boeing Alert Service Bulletin 737-27A1297 Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010, specifies that replacing discrepant elevator control tab mechanisms with Boeing-built elevator control tab mechanisms eliminates the need for the repetitive inspections. This AD specifies that installing only a new, Boeing-built elevator control tab mechanism terminates the repetitive inspections. We have not received sufficient data to demonstrate that repaired elevator control tab mechanisms were repaired using procedures that will adequately address the identified unsafe condition. We find that only allowing new Boeing elevator control tab mechanisms as terminating action, as specified by this AD, will adequately address the unsafe condition. We have coordinated this issue with Boeing. While Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010, does not identify Model 737-600 and -900 series airplanes, this AD applies to those airplanes because they are subject to the Parts Installation paragraph of this AD. Interim Action This AD is considered to be interim action. The inspection reports and the returned discrepant parts that are required by this AD will enable the airframe manufacturer and the FAA to obtain better insight into the nature, cause, and extent of the issue, and eventually to develop final action to address the unsafe condition. Once final action has been identified, we might consider further rulemaking. FAA's Justification and Determination of the Effective Date A loose bearing in the aft lug of the elevator tab control mechanism could result in unwanted elevator and tab vibration. Consequent structural failure of the elevator or horizontal stabilizer could result in loss of structural integrity and aircraft control. Because of our requirement to promote safe flight of civil aircraft and thus the critical need to ensure the structural integrity of the airplane, and the short compliance time involved with this action, this AD must be issued immediately. Because an unsafe condition exists that requires the immediate adoption of this AD, we find that notice and opportunity for prior public comment hereon are impracticable and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2010-0430; Directorate Identifier 2010-NM-098-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov* , including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. 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 have 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 that the regulation:* 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. *See* the ADDRESSES section for a location to examine the regulatory evaluation. 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 part 39 of the Federal Aviation Regulations (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 Federal Aviation Administration

(FAA)amends § 39.13 by removing amendment 39-16250 (75 FR 16648, April 2, 2010) and by adding the following new airworthiness directive (AD): **2010-09-05 The Boeing Company:** Amendment 39-16270. Docket No. FAA-2010-0430; Directorate Identifier 2010-NM-098-AD. Effective Date

(a)This AD becomes effective April 29, 2010. Affected ADs

(b)This AD supersedes AD 2010-06-51, Amendment 39-16250. Applicability

(c)This AD applies to all The Boeing Company Model 737-600, −700, −700C, −800, −900, and −900ER series airplanes; certificated in any category. Subject

(d)Air Transport Association

(ATA)of America Code 27: Flight controls. Unsafe Condition

(e)This AD results from a report of failure of the aft attach lugs on the left elevator tab control mechanism, which resulted in severe elevator vibration; this event occurred on an airplane on which the existing AD had been done. The Federal Aviation Administration is issuing this AD to detect and correct a loose bearing in the aft lug of the elevator tab control mechanism, which could result in unwanted elevator and tab vibration. Consequent structural failure of the elevator or horizontal stabilizer could result in loss of structural integrity and aircraft control. Compliance

(f)You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Restatement of Requirements of AD 2010-06-51 Inspection and Corrective Action

(g)For Groups 1, 2, and 3; and Group 4, Configuration 2; as identified in Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010: At the applicable time specified in paragraph 1.E. Compliance of Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010, except as required by paragraph

(i)of this AD, do a detailed inspection of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms for gaps between the swage ring and the aft attach lug, and between the spacer and the aft attach lug; and try to move or rotate the spacer using hand pressure; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010. Doing the inspection required by paragraph

(m)or

(o)of this AD, as applicable, terminates the requirements of this paragraph.

(h)If, during accomplishment of the actions required by paragraph

(g)of this AD, any gap is found between the swage ring and the aft attach lug, or between the spacer and the aft attach lug; or if the spacer moves or rotates: Before further flight, do the actions required by paragraphs (h)(1) and (h)(2) of this AD, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010.

(1)Inspect the replacement elevator tab control mechanism for discrepancies, as specified in paragraph

(g)of this AD; and, if no discrepancy is found, install the replacement elevator tab control mechanism.

(2)Re-inspect the installed elevator tab control mechanism, as required by paragraph

(g)of this AD. Exception to Service Bulletin Specifications

(i)Where Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010, specifies a compliance time after the date of the original issue of the service bulletin, this AD requires compliance within the specified compliance time after April 7, 2010 (the effective date of AD 2010-06-51). Inspection Done According to Multi Operator Message

(j)An inspection done before April 7, 2010, according to Boeing Multi Operator Message Number MOM-MOM-10-0159-01B, dated March 10, 2010, is considered acceptable for compliance with the corresponding inspection specified in paragraph

(g)of this AD. Reporting

(k)At the applicable time specified in paragraph (k)(1) or (k)(2) of this AD: Submit a report of the findings (both positive and negative) of the inspections required by paragraph

(g)of this AD to Boeing Commercial Airplanes Group, *Attention:* Manager, Airline Support, e-mail: *rse.boecom@boeing.com.* The report must include the inspection results including a description of any discrepancies found, the airplane line number, and the number of flight cycles and flight hours accumulated on the airplane. 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 contained in this AD and has assigned OMB Control Number 2120-0056.

(1)If the inspection was done on or after April 7, 2010: Submit the report within 10 days after the inspection.

(2)If the inspection was done before April 7, 2010: Submit the report within 10 days after April 7, 2010. Parts Installation Specified in AD 2010-06-51

(l)For all airplanes: As of April 7, 2010, and until the effective date of this AD, no person may install an elevator tab control mechanism, part number 251A2430-( ), on any airplane, unless the mechanism has been inspected before and after installation, in accordance with the requirements of paragraph

(g)of this AD, and no discrepancies have been found. As of the effective date of this AD, comply with paragraph

(u)of this AD. New Requirements of This AD Repetitive Inspections for Group 1 Airplanes, as Identified in Boeing Alert Service Bulletin 737-27A1297, Dated April 16, 2010

(m)For Group 1 airplanes, as identified in Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010: Except as required by paragraph

(n)of this AD, within 12 days after the effective date of this AD, do a detailed inspection for discrepancies of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010. Repeat the inspection thereafter at intervals not to exceed 300 flight hours until the replacement specified in paragraph

(r)of this AD is done. Doing the initial inspection required by this paragraph terminates the requirements of paragraph

(g)of this AD.

(n)For Group 1 airplanes as identified in Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010: Beginning 7 days after the effective date of this AD, no person may operate an airplane on an extended twin operations (ETOPS) flight unless the initial inspection required by paragraph

(m)of this AD has been accomplished. One-Time Inspection for Group 2, Configuration 1 Airplanes, as Identified in Boeing Alert Service Bulletin 737-27A1297, Dated April 16, 2010

(o)For Group 2, Configuration 1 airplanes as identified in Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010: Within 30 days after the effective date of this AD, do a one-time detailed inspection for discrepancies of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010. Doing the inspection required by this paragraph terminates the requirements of paragraph

(g)of this AD. Corrective Actions

(p)If, during any inspection required by paragraph (m), (o), or

(q)of this AD, any discrepancy is found, before further flight, replace the elevator tab control mechanism by doing the actions specified in paragraphs (p)(1) and (p)(2) of this AD.

(1)Do a detailed inspection for discrepancies of the replacement elevator tab control mechanism; and, if no discrepancy is found, install the replacement elevator tab control mechanism; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010. If any discrepancy is found, then that elevator tab control mechanism cannot be installed and the actions specified in this paragraph must be done before further flight on another replacement elevator tab control mechanism.

(2)Re-inspect the installed elevator tab control mechanism using the inspection procedure specified in paragraph

(o)of this AD. Repetitive Inspections for Certain Group 2, Configuration 1 Airplanes, as Identified in Boeing Alert Service Bulletin 737-27A1297, Dated April 16, 2010

(q)For Group 2, Configuration 1 airplanes as identified in Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010, on which the elevator control tab mechanism is replaced with a mechanism other than a new, Boeing-built mechanism: Within 300 flight hours after doing the replacement, do a detailed inspection for discrepancies of the inboard and outboard aft attach lugs of the left and right elevator control tab mechanisms, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010. Repeat the inspection thereafter at intervals not to exceed 300 flight hours until the replacement specified in paragraph

(r)of this AD is done. Terminating Action

(r)Replacing an elevator tab mechanism with a new, Boeing-built mechanism, as specified in paragraphs (r)(1) and (r)(2) of this AD, terminates the inspections required by paragraphs (m), (o), and

(q)of this AD. Note 1: Refer to paragraphs 3.B.7.b.(1)(a)1) and 3.B.7.b.(1)(a)2) of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010, to establish whether the mechanism is Boeing-built.

(1)Do a detailed inspection for discrepancies of the new, Boeing-built replacement elevator tab control mechanism; and, if no discrepancy is found, install the replacement elevator tab control mechanism; in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010. If any discrepancy is found, then that elevator tab control mechanism cannot be installed and the actions specified in this paragraph must be done on another new, Boeing-built replacement elevator tab control mechanism.

(2)Re-inspect the installed elevator tab control mechanism using the inspection procedure specified in paragraph

(o)of this AD. Reporting

(s)At the applicable time specified in paragraph (s)(1) or (s)(2) of this AD: Submit a report of any findings (positive and negative) of the first inspection required by paragraphs (m), (o), and

(q)of this AD, and any positive findings from the repetitive inspections required by this AD, to Boeing Commercial Airplanes Group, Attention: Manager, Airline Support, e-mail: *rse.boecom@boeing.com.* The report must include the inspection results including a description of any discrepancies found, the airplane line number, and the total number of flight cycles and flight hours accumulated on the airplane. 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 contained in this AD and has assigned OMB Control Number 2120-0056.

(1)If the inspection was done on or after the effective date of this AD: Submit the report within 10 days after the inspection.

(2)If the inspection was done before the effective date of this AD: Submit the report within 10 days after the effective date of this AD. Return of Discrepant Parts

(t)If, during any inspection required by paragraph (m), (o), or

(q)of this AD, any discrepancy is found, and if the inspection was done on or after the effective date of this AD: Within 30 days after the inspection, return the discrepant elevator tab control mechanism, and include a copy of the inspection report sent to Boeing, as specified in paragraph

(s)of this AD, to: Spares Distribution Center, Attention: Manager, Airline Support, Repair Overhaul and Exchange Services, SSA 111, Boeing Commercial Airplane Group, 2201 South 142nd Street, Door W10, Seatac, Washington, USA, 98168. Parts Installation

(u)For all airplanes identified in paragraph

(c)of this AD: As of the effective date of this AD, comply with the conditions specified in paragraphs (u)(1) and (u)(2) of this AD.

(1)No person may install an elevator tab control mechanism, part number 251A2430-(), on any airplane, unless the mechanism has been inspected before and after installation using the inspection procedures specified in either paragraphs (p)(1) and (p)(2) of this AD, or in paragraphs (r)(1) and (r)(2) of this AD; and no discrepancies have been found.

(2)An elevator tab control mechanism, part number 251A2430-(), that is not a new, Boeing-built elevator tab control mechanism may be installed, provided that the mechanism is inspected using the inspection procedures specified in paragraph

(m)of this AD within 300 flight hours after doing the installation, and that the inspection is repeated thereafter at the interval specified in paragraph

(m)of this AD. Alternative Methods of Compliance (AMOCs) (v)(1) The Manager, Seattle Aircraft Certification Office (ACO), 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:* Kelly McGuckin, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-917-6490; fax 425-917-6590. Information may be e-mailed to *9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.*

(2)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. 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. The AMOC approval letter must specifically refer to this AD.

(3)An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization

(ODA)that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

(4)AMOCs approved previously in accordance with AD 2010-06-51 are approved as AMOCs for the corresponding provisions of paragraph

(g)or

(l)of this AD. Material Incorporated by Reference

(w)You must use Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010; or Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010; 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 Boeing Alert Service Bulletin 737-27A1297, dated April 16, 2010, under 5 U.S.C. 552(a) and 1 CFR part 51.

(2)The Director of the Federal Register previously approved the incorporation by reference of Boeing Alert Service Bulletin 737-27A1296, dated March 12, 2010, on April 7, 2010 (75 FR 16648, April 2, 2010).

(3)For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P. O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-544-5000, extension 1; fax 206-766-5680; e-mail *me.boecom@boeing.com* ; Internet *https://www.myboeingfleet.com.*

(4)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.

(5)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 April 19, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010-9692 Filed 4-22-10; 4:15 pm]

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