Unknown. Final rule

4,833 words·~22 min read·/register/2010/05/21/2010-11356·

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-2010-05-21.xml --- 75 98 Friday, May 21, 2010 Contents Agriculture Agriculture Department See Forest Service See Rural Housing Service Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act; Canceled, 28543 2010-12358 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28620-28622 2010-12181 2010-12182 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel: Conducting Public Health Research in Kenya; Funding Opportunity Announcement, 28622 2010-12174 Meetings: Disease, Disability and Injury Prevention and Control Special Emphasis Panel, 28625-28626 2010-12169 Disease, Disability, and Injury Prevention and Control Special Interest Projects, 28626-28627 2010-12212 Subcommittee on Procedures Review, Advisory Board on Radiation and Worker Health, 28626 2010-12306 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 28589-28590 2010-12219 2010-12220 CITA Committee for the Implementation of Textile Agreements NOTICES Procedures for Considering Requests from the Public for Textile and Apparel Safeguard Actions on Imports from Oman, 28544-28547 2010-12285 Commodity Commodity Futures Trading Commission NOTICES Meetings: Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues, 28667-28668 2010-12301 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 28612-28616 2010-12320 Defense Defense Department See Engineers Corps NOTICES Funding Opportunity: Brigade Basing Remediation—Support for Public Entities, 28590-28592 2010-12307 Education Education Department RULES Teacher Incentive Fund, 28714-28739 2010-12218 NOTICES Applications for New Awards (FY 2010): Ready-to-Learn Television Program; Correction, 28594 2010-12308 Teacher Incentive Fund: Applications for New Awards for Fiscal Year

(FY)2010, 28740-28749 2010-12216 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 28594-28595 2010-12332 Employment Employment and Training Administration NOTICES Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance: Chrysler LLC, St. Louis North Assembly Plant., et al., Fenton, MO, 28654-28655 2010-12252 Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance: Amphenol Printed Circuits Inc., et al., Nashua, NH, 28656 2010-12288 Dell Products IP, et al., Austin and Round Rock, TX, 28657 2010-12257 Delphi Packard Electrical/Electronic Architecture, et al., Warren, OH, 28655-28656 2010-12253 Indalex, Inc., Girard, OH, 28656 2010-12256 New United Motor Manufacturing, Inc., et al., Fremont, CA, 28656-28657 2010-12258 Rexam Closure Systems, Inc., et al., Hamlet, NC, 28655 2010-12249 Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance, 28657-28659 2010-12250 2010-12251 Negative Determination Regarding Application for Reconsideration: Ceda-Pine Veneer Inc., Sandpoint, ID, 28661 2010-12254 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Meetings: Board on Coastal Engineering Research, 28593-28594 2010-12225 Missouri River Authorized Purposes Study, Missouri River Basin, 28592-28593 2010-12223 EPA Environmental Protection Agency RULES Exemption from Requirement of Tolerance: Silver Nitrate, 28488-28492 2010-12116 PROPOSED RULES Revisions to California State Implementation Plan: San Joaquin Valley Unified Air Pollution Control District, 28509-28511 2010-12281 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation Operations (Renewal), 28607-28608 2010-12276 NESHAP for Off-Site Waste and Recovery Operations (Renewal), 28606-28607 2010-12284 NESHAP for Pharmaceutical Production (Renewal), 28605-28606 2010-12273 Application for Emergency Exemption, Solicitation of Public Comment: Calcium Hydroxide, 28608-28610 2010-12100 Draft EPA's Reanalysis of Key Issues Related to Dioxin Toxicity and Response to NAS Comments, 28610-28612 2010-12280 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 28612 2010-12262 FAA Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A300 Series Airplanes; Model A300 B4-600, B4-600R, F4-600R Series Airplanes, etc., 28480-28483 2010-11757 Airbus Model A330-200 and -300 Series Airplanes, and Model A340-300 Series Airplanes, 28475-28478 2010-11740 BAE SYSTEMS (Operations) Limited Model BAe 146 Airplanes and Model Avro 146-RJ Airplanes, 28463-28465 2010-11356 Bombardier, Inc. Model CL-600-1A11 (CL-600), CL-600-2A12 (CL-601), etc. Airplanes, 28471-28475 2010-11743 Dassault-Aviation Model FALCON 2000 and FALCON 2000EX Airplanes, 28465-28469 2010-11358 Dowty Propellers R175/4-30-4/13; R175/4-30-4/13e; R184/4-30-4/50; R193/4-30-4/50, et al., Model Propellers, 28483-28485 2010-11764 Eurocopter France

(ECF)Model AS332L1 and AS332L2 Helicopters, 28478-28480 2010-11420 Eurocopter France Model AS332L2 Helicopters, 28469-28471 2010-11418 Gulfstream Aerospace LP (Type Certificate Previously Held by Israel Aircraft Industries, Ltd.), etc., 28485-28488 2010-11760 PROPOSED RULES Airworthiness Directives: Hawker Beechcraft Corp. (Type Certificate No. A00010WI Previously Held By Raytheon Aircraft Company) Model 390 Airplanes, 28506-28509 2010-12300 Various Aircraft Equipped with Rotax Aircraft Engines 912 A Series Engines, 28504-28506 2010-12298 FCC Federal Communications Commission PROPOSED RULES 2004 and 2006 Biennial Regulatory Reviews: Streamlining and Other Revisions of Commission's Rules Governing Construction, Marking, and Lighting of Antenna Structures etc., 28517-28540 2010-12142 FDIC Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28612-28616 2010-12320 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 28497-28499 2010-12199 Suspension of Community Eligibility, 28492-28497 2010-12203 PROPOSED RULES Proposed Flood Elevation Determinations, 28511-28516 2010-12204 NOTICES Amendment No. 1 to Emergency Declaration: North Dakota, 28627 2010-12191 Amendment No. 1 to Major Disaster Declaration: Alabama, 28628 2010-12200 California, 28627 2010-12198 Kentucky, 28627-28628 2010-12201 Amendment No. 2 to Major Disaster Declaration: Maryland, 28628 2010-12196 New Jersey, 28628-28629 2010-12195 Amendment No. 5 to Major Disaster Declaration: Tennessee, 28629 2010-12202 Amendment No. 6 to Major Disaster Declaration: Tennessee, 28629 2010-12194 Major Disaster and Related Determinations: Alabama, 28629-28630 2010-12197 California, 28630 2010-12193 Maryland, 28630-28631 2010-12192 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Bryant Mountain LLC, 28596-28597 2010-12241 City of Idaho Falls, 28595 2010-12236 Georgia Power Co., 28597-28598 2010-12237 Public Utility District No. 1 of Snohomish County, 28597 2010-12239 Tidewalker Associates, 28596 2010-12242 Williston Basin Interstate Pipeline Co., 28598-28599 2010-12235 Wisconsin Power River Co., 28595-28596 2010-12238 Baseline Filings: Acacia Natural Gas Corp, 28599 2010-12232 Combined Filings: Electric Corporate, 28599-28601 2010-12244 Compliance Filings: Corning Natural Gas Corp., 28602 2010-12240 Cranberry Pipeline Corporation, 28601-28602 2010-12229 PELICO Pipeline, LLC, 28602 2010-12233 Environmental Assessments; Availability, etc.: Bully Camp Gas Storage Project, 28602-28603 2010-12243 City of Spearfish, SD, 28603-28604 2010-12231 Petitions for Declaratory Orders: Southern California Edison Co., et al., 28604 2010-12234 United Illuminating Co., 28604-28605 2010-12230 FMC Federal Maritime Commission PROPOSED RULES NVOCC Negotiated Rate Arrangements; notice of meeting schedule, 28516-28517 2010-12299 Federal Motor Federal Motor Carrier Safety Administration RULES Medical Certification Requirements as Part of the Commercial Drivers License (CDL); Technical, Organizational, and Conforming Amendments, 28499-28502 2010-12189 NOTICES Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 28684-28685 2010-12188 Vision, 28682-28684 2010-12187 Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 28677-28682 2010-12186 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28612-28616 2010-12320 Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 28616 2010-12134 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies Engaged, etc., 28616 2010-12133 FTC Federal Trade Commission NOTICES Analysis of the Agreement Containing Consent Order to Aid Public Comment: Agilent Technologies, Inc., 28616-28619 2010-12183 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28673-28674 2010-12126 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants: Initiation of 5-Year Reviews of 34 Species in California and Nevada, etc., 28636-28642 2010-12170 Environmental Assessments; Availability, etc.: Limiting Mountain Lion Predation on Desert Bighorn Sheep on Kofa National Wildlife Refuge, Yuma and La Paz Counties, AZ, 28642-28643 2010-12247 Environmental Assessments; Availability: Pine Island, Matlacha Pass, Island Bay, and Caloosahatchee National Wildlife Refuges, FL, 28643-28647 2010-12213 Receipt of Applications for Permit, 28650-28651 2010-12222 Food Food and Drug Administration NOTICES FDA Transparency Initiative: Draft Proposals for Public Comment Regarding Disclosure Policies, etc., 28622-28623 2010-12314 Foreign Foreign-Trade Zones Board NOTICES Applications for Subzones: Foreign-Trade Zone 50 Long Beach, CA, Louisville Bedding Company (Household Bedding Products), Ontario, California, 28554 2010-12287 Reorganization of Foreign-Trade Zone 2 under Alternative Site Framework: New Orleans, Louisiana, Area, 28568 2010-12289 Forest Forest Service NOTICES Meetings: GMUG Resource Advisory Committee, 28543 2010-12152 Ravalli County Resource Advisory Committee, 28543 2010-12149 Superior Resource Advisory Committee, 28542 2010-12089 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Responsibility of Applicants for Promoting Objectivity in Research for which Public Health Service Funding is Sought and Responsible Prospective Contractors, 28688-28712 2010-11885 NOTICES Meetings: Advisory Committee on Blood Safety and Availability, 28619-28620 2010-12326 Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Indian Housing Block Grant Program, 28631-28632 2010-12221 Federal Housing Administration: Temporary Exemption from Compliance with FHA's Regulation on Property Flipping, 28632-28634 2010-12148 Federal Property Suitable as Facilities to Assist the Homeless, 28634-28636 2010-11838 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Delivery Verification Procedure, 28550-28551 2010-12184 International Import Certificate, 28550 2010-12185 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Aerospace Supplier Mission to Russia, 28547-28548 2010-12205 Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Oil Country Tubular Goods from the People's Republic of China, 28551-28554 2010-12370 Executive Green ICT and Energy Efficiency Trade Mission: Mexico City, Mexico, 28555-28557 2010-12207 Extension of Time Limit for Final Results of Antidumping Duty Administrative Review: Circular Welded Carbon Steel Pipes and Tubes from Thailand, 28557 2010-12305 Final Affirmative Countervailing Duty Determination: Pre-Stressed Concrete Steel Wire Strand from the People's Republic of China, 28557-28560 2010-12292 Final Determination of Sales at Less Than Fair Value: Prestressed Concrete Steel Wire Strand from the People's Republic of China, 28560-28564 2010-12310 Partial Rescission of Antidumping Duty Administrative Review: New Pneumatic Off-the-Road Tires from People's Republic of China, 28567-28568 2010-12295 International International Trade Commission NOTICES Investigations: Certain Electronic Paper Towel Dispensing Devices and Components Thereof, 28651-28652 2010-12210 Certain Environmental Goods; Probable Economic Effect of Duty-Free Treatment for U.S. Imports, etc., 28652-28654 2010-12211 Certain Restraining Systems for Transport, Components Thereof, and Methods of Using Same, 28654 2010-12266 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Filing of Plats of Survey: Oregon/Washington, 28647 2010-12164 Meetings: Coeur d'Alene District Resource Advisory Council, Idaho, 28649 2010-12297 State of Arizona Resource Advisory Council, 28649 2010-12217 Proposed Reinstatement of Terminated Oil and Gas Lease: Wyoming, 28649-28650 2010-12246 Realty Actions: Proposed Direct Sale of Public Lands in Riverside County, CA, 28650 2010-12168 NASA National Aeronautics and Space Administration NOTICES Government-Owned Inventions: Available for Licensing, 28663-28664 2010-12161 2010-12163 2010-12166 2010-12178 2010-12179 2010-12180 National Highway National Highway Traffic Safety Administration NOTICES Denial of Application for Renewal of Temporary Exemption from Federal Motor Vehicle Safety Standard (No. 108): Mercedes-Benz, U.S.A. LLC, 28674-28677 2010-12190 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 28623-28625 2010-12154 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall; etc., 28502-28503 2010-12274 PROPOSED RULES Fisheries in the Western Pacific: Community Development Program Process, 28540-28541 2010-12283 NOTICES Fisheries of the Northeast Region: Pacific Region, 28564 2010-12282 Fisheries of the South Atlantic and the Gulf of Mexico: Southeast Data, Assessment, and Review; Spiny Lobster, 28565 2010-12311 Incidental Taking of Marine Mammals: Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico, 28566 2010-12293 Meetings: New England Fishery Management Council, 28566-28567 2010-12291 Pacific Fishery Management Council, 28567 2010-12312 Takes of Marine Mammals Incidental to Specified Activities: Marine Geophysical Survey in the Northwest Pacific Ocean (July through September, 2010), 28568-28587 2010-12296 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Missile Launch Operations from San Nicolas Island, CA, 28587-28588 2010-12294 National Park National Park Service NOTICES Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 28648-28649 2010-12275 University of Colorado Museum, Boulder, CO, 28647-28648 2010-12272 Nuclear Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: License Amendment to Early Site Permit Issued to Southern Nuclear Operating Company et al., 28664-28665 2010-12365 Occupational Occupational Safety and Health Administration NOTICES Meetings: National Advisory Committee on Occupational Safety and Health (NACOSH), 28659-28661 2010-12172 Requests For Nominations: National Advisory Committee on Occupational Safety and Health (NACOSH), 28661-28663 2010-12175 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28548-28550 2010-12214 2010-12215 Eliminations of Classification Requirements: Green Technology Pilot Program, 28554-28555 2010-12328 Rural Rural Housing Service NOTICES Availability of Funds: Section 533 Housing Preservation Grants for Fiscal Year 2010; correction, 28542 2010-12162 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28665 2010-12261 Applications: Kinetics Mutual Funds, Inc., et al., 28665-28667 2010-12260 Market Structure Roundtable, 28667 2010-12303 Meetings: Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues, 28667-28668 2010-12301 Meetings; Sunshine Act, 28668-28669 2010-12366 2010-12369 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 28670-28672 2010-12226 NASDAQ OMX PHLX, Inc., 28669-28670 2010-12227 State State Department NOTICES Determination Under Foreign Assistance Act and Department of State, Foreign Operations, and Related Programs Appropriations Acts, 28672 2010-12322 Lifting of Nonproliferation Measures Against Two Russian Entities, 28672 2010-12313 Meetings: Overseas Security Advisory Council, 28673 2010-12316 U.S. National Commission for UNESCO; Teleconference, 28672-28673 2010-12319 Termination of Measures Against Russian Entity, 28673 2010-12304 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Prevention, 28623 2010-12208 Surface Surface Transportation Board NOTICES Acquisition and Operation Exemptions: Carolina Coastal Railway, Inc., Morehead and South Fork Railroad Co.; Correction, 28673 2010-12245 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28612-28616 2010-12320 Approval of Conversion Application: Colonial Bankshares, MHC, Vineland, New Jersey, 28685-28686 2010-12119 FedFirst Financial Corp., Monessen, Pennsylvania, 28686 2010-12120 Oritania Financial Corp., MHC, Township of Washington, New Jersey, 28685 2010-12117 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Meetings: Clinical Science Research and Development Service Cooperative Studies Scientific Evaluation Committee, 28686 2010-12206 Research Advisory Committee on Gulf War Veterans' Illnesses, 28686 2010-12209 Separate Parts In This Issue Part II Health and Human Services Department, 28688-28712 2010-11885 Part III Education Department, 28714-28749 2010-12218 2010-12216 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 98 Friday, May 21, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD; Amendment 39-16301; AD 2010-10-22] RIN 2120-AA64 Airworthiness Directives; BAE SYSTEMS (Operations) Limited Model BAe 146 Airplanes and Model Avro 146-RJ Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: The FAA is superseding an existing airworthiness directive (AD), which applies to Model BAe 146 airplanes and Model Avro 146-RJ airplanes. That AD currently requires revising the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness to incorporate life limits for certain items and inspections to detect fatigue cracking in certain structures. This new AD requires incorporating new and more restrictive life limits for certain items and for certain inspections to detect fatigue cracking in certain structures. This AD also requires revising the airworthiness limitations to include critical design configuration control limitations for the fuel system. This AD results from issuance of a later revision to the airworthiness limitations. We are issuing this AD to ensure that fatigue cracking of certain structural elements is detected and corrected, and to prevent ignition sources in the fuel tanks; fatigue cracking of certain structural elements could adversely affect the structural integrity of these airplanes. DATES: This AD becomes effective June 25, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 25, 2010. ADDRESSES: For BAE SYSTEMS (Operations) Limited service information identified in this AD, contact BAE Systems Regional Aircraft, 13850 McLearen Road, Herndon, Virginia 20171; telephone 703-736-1080; e-mail *raebusiness@baesystems.com;* Internet *http://www.baesystems.com/Businesses/RegionalAircraft/index.htm* . For Messier-Dowty service information identified in this AD, contact Messier-Dowty Limited, Cheltenham Road, Gloucester GL2 9QH, England; telephone +44(0)1452 712424; fax +44(0)1452 713821; Internet *https://techpubs.services.messier-dowty.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 address for the Docket Office (telephone 800-647-5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-4056; telephone

(425)227-1175; fax

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

(NPRM)to amend 14 CFR part 39 to include an AD that supersedes AD 2005-23-12, Amendment 39-14370 (70 FR 70483, November 22, 2005). The existing AD applies to all BAE SYSTEMS (Operations) Limited Model BAe 146 airplanes and Model Avro 146-RJ airplanes. That supplemental NPRM was published in the **Federal Register** on March 9, 2010 (75 FR 10701). That supplemental NPRM proposed to continue to require revising the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness to incorporate life limits for certain items and inspections to detect fatigue cracking in certain structures. That supplemental NPRM proposed to require incorporating new and more restrictive life limits for certain items and for certain inspections to detect fatigue cracking in certain structures. That supplemental NPRM also proposed to require revising the airworthiness limitations to include critical design configuration control limitations for the fuel system. Comments We provided the public the opportunity to participate in the development of this AD. No comments have been received on the supplemental NPRM or on the determination of the cost to the public. Conclusion We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed in the supplemental NPRM. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this AD. Estimated Costs Action Work hours Average labor rate per hour Parts Cost per airplane Number of U.S.- registered airplanes Fleet cost ALS Revision (required by AD 2005-23-12) 1 $85 None $85 1 $85 ALS Revision (new action) 1 85 None 85 1 85 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 this AD:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)Is not a “significant rule” under 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 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 39-14370 (70 FR 70483, November 22, 2005) and by adding the following new airworthiness directive (AD): **2010-10-22 BAE SYSTEMS (Operations) Limited:** Amendment 39-16301. Docket No. FAA-2008-0909; Directorate Identifier 2007-NM-363-AD. Effective Date

(a)This AD becomes effective June 25, 2010. Affected ADs

(b)This AD supersedes AD 2005-23-12, Amendment 39-14370. Applicability

(c)This AD applies to all BAE SYSTEMS (Operations) Limited Model BAe 146-100A, -200A, and -300A series airplanes; and Model Avro 146-RJ70A, 146-RJ85A, and 146-RJ100A airplanes; certificated in any category. Note 1: This AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, the operator may not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance

(AMOC)according to paragraph

(k)of this AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Subject

(d)Air Transport Association

(ATA)of America Code 05. Unsafe Condition

(e)This AD results from issuance of a later revision to the airworthiness limitations of the BAE SYSTEMS (Operations) Limited BAe146 Series/Avro146-RJ Series Aircraft Maintenance Manual (AMM), which specifies new inspections and compliance times for inspection and replacement actions. We are issuing this AD to ensure that fatigue cracking of certain structural elements is detected and corrected, and to prevent ignition sources in the fuel tanks; fatigue cracking of certain structural elements could adversely affect the structural integrity of these airplanes. 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 CERTAIN REQUIREMENTS OF AD 2005-23-12: Airworthiness Limitations Revision

(g)Within 30 days after December 27, 2005 (the effective date of AD 2005-23-12), revise the Airworthiness Limitations Section

(ALS)of the Instructions for Continued Airworthiness to incorporate new and more restrictive life limits for certain items and new and more restrictive inspections to detect fatigue cracking in certain structures, in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the Civil Aviation Authority (or its delegated agent). NEW REQUIREMENTS OF THIS AD: New Airworthiness Limitations Revisions

(h)Within 90 days after the effective date of this AD, revise Chapter 5 of the BAE SYSTEMS (Operations) Limited BAe146 Series/Avro146-RJ Series AMM to incorporate new and more restrictive life limits for certain items and new and more restrictive inspections to detect fatigue cracking in certain structures, and to add fuel system critical design configuration control limitations (CDCCLs) to prevent ignition sources in the fuel tanks, in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency

(EASA)(or its delegated agent). Incorporating the new and more restrictive life limits and inspections into the ALS terminates the requirements of paragraph

(g)of this AD, and after incorporation has been done, the limitations required by paragraph

(g)of this AD may be removed from the ALS. Note 2: Guidance on revising Chapter 5 of the BAE SYSTEMS (Operations) Limited BAe146 Series/Avro146-RJ Series AMM, Revision 97, dated July 15, 2009, can be found in the applicable sub-chapters listed in Table 1 of this AD. Table 1—Applicable AMM Sub-Chapters AMM Sub-chapter Subject 05-10-01 Airframe Airworthiness Limitations before Life Extension Programme. 05-10-05 1 Airframe Airworthiness Limitations, Life Extension Programme Landings Life Extended. 05-10-10 2 Airframe Airworthiness Limitations, Life Extension Programme Calendar Life Extended. 05-10-15 Aircraft Equipment Airworthiness Limitations. 05-10-17 Power Plant Airworthiness Limitations. 05-15-00 Critical Design Configuration Control Limitations (CDCCL)—Fuel System Description and Operation. 05-20-00 3 Scheduled Maintenance. 05-20-01 Airframe Scheduled Maintenance—Before Life Extension Programme. 05-20-05 1 Airframe Scheduled Maintenance—Life Extension Programme Landings Life Extended. 05-20-10 2 Airframe Scheduled Maintenance—Life Extension Programme Calendar Life Extended. 05-20-15 Aircraft Equipment Scheduled Maintenance. 1 Applicable only to airplanes post-modification HCM20011A or HCM20012A or HCM20013A. 2 Applicable only to airplanes post-modification HCM20010A. 3 Paragraphs 5 and 6 only, on the Corrosion Prevention and Control Program

(CPCP)and the Supplemental Structural Inspection Document (SSID). Note 3: Sub-chapter 05-15-00 of the BAE SYSTEMS (Operations) Limited BAe146 Series/Avro146-RJ Series AMM, is the CDCCL. Note 4: Within Sub-chapter 05-20-00 of the BAE SYSTEMS (Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the relevant issues of the support documents are as follows: BAE SYSTEMS (Operations) Limited BAe 146 Series/Avro 146-RJ Corrosion Prevention and Control Program Document CPCP-146-01, Revision 3, dated July 15, 2008, including BAE SYSTEMS (Operations) Limited Temporary Revision

(TR)2.1, dated December 2008; and BAE SYSTEMS (Operations) Limited BAe146 Series Supplemental Structural Inspection Document SSID-146-01, Revision 1, dated June 15, 2009. Note 5: Within Sub-chapter 05-20-01 of the BAE SYSTEMS (Operations) Limited BAe146 Series/Avro146-RJ Series AMM, the relevant issue of BAE SYSTEMS (Operations) Limited BAe 146/Avro 146-RJ Maintenance Review Board Report Document MRB 146-01, Issue 2, is Revision 15, dated March 2009 (mis-identified in EASA AD 2009-0215, dated October 7, 2009, as being dated May 2009). Note 6: Notwithstanding any other maintenance or operational requirements, components that have been identified as airworthy or installed on the affected airplanes before the revision of the ALS, as required by paragraph

(g)of this AD; or before revision of Chapter 5 of the AMM, as required by paragraph

(h)of this AD; do not need to be reworked in accordance with the CDCCLs. However, once the ALS or AMM has been revised, future maintenance actions on these components must be done in accordance with the CDCCLs.

(i)Except as specified in paragraph

(k)of this AD: After the actions specified in paragraph

(g)or

(h)of this AD have been accomplished, no alternative inspections or inspection intervals may be approved for the structural elements specified in the documents listed in paragraph

(g)or

(h)of this AD.

(j)Modifying the main fittings of the main landing gear in accordance with Messier-Dowty Service Bulletin 146-32-171, dated August 11, 2009, extends the safe limit of the main landing gear main fitting from 32,000 landings to 50,000 landings on the main fitting. Alternative Methods of Compliance (AMOCs)

(k)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: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98057-4056; telephone

(425)227-1175; 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. The AMOC approval letter must specifically reference this AD. Related Information

(l)EASA Airworthiness Directive 2009-0215, dated October 7, 2009; and Messier-Dowty Service Bulletin 146-32-171, dated August 11, 2009; also address the subject of this AD. Material Incorporated by Reference

(m)If you do the optional modification specified in this AD, you must use Messier-Dowty Service Bulletin 146-32-171, dated August 11, 2009, to do those actions, 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 Messier-Dowty service information identified in this AD, contact Messier-Dowty Limited, Cheltenham Road, Gloucester GL2 9QH, England; telephone +44(0)1452 712424; fax +44(0)1452 713821; Internet *https://techpubs.services.messier-dowty.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.

(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 May 3, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010-11356 Filed 5-20-10; 8:45 am]

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