Unknown. Final rule

4,923 words·~22 min read·/register/2010/06/11/2010-11071·

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-2010-06-11.xml --- 75 112 Friday, June 11, 2010 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Policy and Research Special Emphasis Panel, 33315 2010-13982 Agriculture Agriculture Department See Food and Nutrition Service See Forest Service See Rural Utilities Service Army Army Department NOTICES Environmental Impact Statements; Availability, etc.: Disposal and Reuse of Fort Monroe, VA, 33273 2010-13494 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Council for the Elimination of Tuberculosis, 33316 2010-14076 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 33315 2010-14074 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33308-33309 2010-13898 Medicare and Medicaid Programs: Procedure for Hospitals Seeking to Enter Into an Agreement with a Different Organ Procurement Organization Following an 1138(a)(2) Waiver, 33313-33315 2010-14098 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 33309-33310 2010-14002 Coast Guard Coast Guard RULES Safety Zones: City of Martinez Fourth of July Fireworks, Martinez, CA, 33170-33172 2010-14034 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33241-33242 2010-14037 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 33269-33271 2010-14095 2010-14096 Commodity Commodity Futures Trading Commission PROPOSED RULES Co-location/Proximity Hosting Services, 33198-33202 2010-13613 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33385-33386 2010-14067 2010-14068 Defense Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: New Designated Country-Taiwan-DFARS (Case 2009-D010), 33195-33196 2010-14123 PROPOSED RULES Defense Federal Acquisition Regulation Supplement:

Contractor Insurance/Pension Review (DFARS Case 2009-D025), 33237 2010-14120 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Foreign Acquisition, 33271-33273 2010-14124 Defense Defense Department See Army Department See Defense Acquisition Regulations System See Navy Department Education Education Department NOTICES Applications for New Awards (FY 2010): Reducing Obesity and Obesity-Related Health Conditions Among Adolescents and Young Adults With Disabilities From Diverse Race and Ethnic Backgrounds, 33277-33281 2010-14128 Rehabilitation Engineering Research Centers;

Universal Design in the Built Environment and Technologies for Children with Orthopedic Disabilities, 33274-33277 2010-14125 Final Priorities: Disability and Rehabilitation Research Projects and Centers Program; Rehabilitation Engineering Research Centers, 33281-33285 2010-14126 Reducing Obesity and Obesity-Related Secondary Health Conditions Among Adolescents and Young Adults With Disabilities From Diverse Race and Ethnic Backgrounds, 33285-33288 2010-14135 Employee Employee Benefits Security Administration NOTICES Grant of Individual Exemptions:

Morgan Stanley & Co. Inc. and its current and future affiliates and Subsidiaries (Morgan Stanley) and Union Bank, N.A. and its affiliates (Union Bank), etc., 33333-33343 2010-14022 Proposed Exemptions: Citigroup Global Markets, Inc. and Its Affiliates (together, CGMI or the Applicant; and L-11624, Boston Carpenters Apprenticeship and Training Fund (the Fund), et al., 33343-33355 2010-14023 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

Reasonable Further Progress Plan, 2002 Base Year Emission Inventory, Maryland, et al., 33172-33174 2010-13687 Approval and Promulgation of Implementation Plans: New Mexico; Interstate Transport of Pollution, 33174-33190 2010-13686 Pesticide Tolerances: Trifloxystrobin, 33190-33195 2010-13938 PROPOSED RULES Amendments to the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing, 33392-33420 2010-10955 Extension of Public Comment Period for Proposed Rule on the Approval and Promulgation of Implementation Plans:

Excess Emissions During Startup, Shutdown, Maintenance, and Malfunction Activities; Texas, 33220 2010-14094 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 33299-33300 2010-14080 Meetings: FIFRA Scientific Advisory Panel, 33300-33303 2010-14092 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Meetings: Joint Meeting of FASAB and GASB, 33306 2010-14129 FAA Federal Aviation Administration RULES Airworthiness Directives: Bell Helicopter Textron Canada Model 222, 222B, 222U, 230, and 430 Helicopters, 33159-33162 2010-11071 Microturbo Saphir 20 Model 095 Auxiliary Power Units (APUs), 33162-33163 2010-13928 Modification of Jet Routes J-32, J-38, and J-538:

Minnesota, 33164 2010-13992 Revision of Class E Airspace: Galena, AK, 33165 2010-13985 NOTICES Passenger Facility Charge

(PFC)Approvals and Disapprovals, 33376-33379 2010-13983 FBI Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33332-33333 2010-13996 FCC Federal Communications Commission PROPOSED RULES 2010 Quadrennial Regulatory Review: Review of the Commissions Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of (1996), 33227-33237 2010-14099 Unlicensed Personal Communications Services Devices in the 1920-1930 MHz Band, 33220-33226 2010-14101 NOTICES Comment Sought on Measurement of Mobile Broadband Network Performance and Coverage, 33303-33305 2010-14102 Meetings: Consumer Advisory Committee, 33305 2010-14100 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 33306 2010-13980 Federal Emergency Federal Emergency Management Agency NOTICES Amendment No. 4 to Notice of a Major Disaster Declaration: Kentucky, 33320 2010-14001 Federal Energy Federal Energy Regulatory Commission NOTICES Application Tendered for Filing with the Commission and Establishing Procedural Schedule for Licensing and Deadline for Submission of Final Amendments: Public Utility District No. 1 of Douglas County (Douglas PUD), 33289 2010-14026 Application: Columbia Gas Transmission, LLC, 33289-33290 2010-14031 Availability of Environmental Assessment: City of Broken Bow, Oklahoma, 33290-33291 2010-14027 Combined Filings, 33291-33295 2010-14087 2010-14088 2010-14089 2010-14090 Declaration of Intention and Petition for Relief Filing and Soliciting Comments: Clark-Wiltz Mining, 33295-33296 2010-14028 Filing: Columbia Gulf Transmission Company, 33296 2010-14025 Intent to File License Application, Filing of Pre-Application Document, and Approving Use of the Traditional Licensing Process: Western Technical College, 33297 2010-14030 Meetings: Commission Staff Attendance at North American Electric Reliability Corporation, 33297-33298 2010-14033 Records Governing Off-the-Record Communications, 33298 2010-14029 Request Under Blanket Authorization: Columbia Gas Transmission, LLC, 33298-33299 2010-14024 Florida Gas Transmission Company, LLC, 33299 2010-14032 Revised Filings: Guardian Pipeline, L.L.C., 33299 2010-14086 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 33379 2010-14044 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 33306 2010-13997 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 33307 2010-13999 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies that are Engaged in Permissible Nonbanking Activities, 33307 2010-13998 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act:, 33307 2010-14172 Food Food and Drug Administration RULES Dental Devices: Classification of Dental Amalgam, Reclassification of Dental Mercury, etc.; Technical Amendment, 33169-33170 2010-14083 NOTICES Guidance for Industry on Bioequivalence Recommendations for Specific Products; Availability, 33311-33312 2010-14036 Indexing Structured Product Labeling for Human Prescription Drug and Biological Products: Request for Comments, 33312-33313 2010-14047 Meetings: Dental Products Panel of Medical Devices Advisory Committee, 33315-33316 2010-14084 Public Workshop: Antibacterial Resistance and Diagnostic Device and Drug Development Research for Bacterial Diseases, 33317 2010-14048 Food Food and Nutrition Service RULES Supplemental Nutrition Assistance Program: Quality Control Provisions of Title IV of Public Law (107-171), 33422-33444 2010-13446 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Rangeland Allotment Management Planning, etc.; Fall River and Pine Ridge Ranger Districts, Nebraska National Forest, 33239-33241 2010-13979 Meetings: Coconino Resource Advisory Committee, 33241 2010-13984 Northeast Oregon Forests Resource Advisory Committee, 33241 2010-14077 Tuolumne-Mariposa Counties Resource Advisory Committee, 33241 2010-13981 Geological Geological Survey NOTICES Environmental Assessment; Availability Marine Geophysical Survey by the U.S. Geological Survey in the Arctic Ocean; August-September 2010, 33325-33326 2010-14038 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings: Presidential Advisory Council on HIV/AIDS, 33307-33308 2010-14079 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33310-33311 2010-14108 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection See U.S. Immigration and Customs Enforcement PROPOSED RULES U.S. Citizenship and Immigration Services Fee Schedule, 33446-33488 2010-13991 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FHA-Application for Insurance of Advance of Mortgage Proceeds, 33320-33321 2010-14104 Availability: Funding Availability

(NOFA)for HUDs Fiscal Year

(FY)2009 Rental Assistance for Non-Elderly Persons with Disabilities; Correction, 33321 2010-14103 Federal Property Suitable as Facilities to Assist the Homeless, 33321-33323 2010-13692 Fiscal Year

(FY)2010 Funding Availability

(NOFA)Policy Requirements, 33323-33324 2010-14004 Funding Availability

(NOFA)for Fiscal Year

(FY)2009: Brownfields Economic Development Initiative

(BEDI)Second Competition, 33324 2010-14003 Interior Interior Department See Geological Survey See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33380-33389 2010-14005 2010-14006 2010-14007 2010-14008 2010-14009 2010-14010 2010-14011 2010-14012 2010-14013 2010-14014 2010-14015 2010-14016 2010-14017 2010-14018 International International Trade Administration NOTICES Final Results of Countervailing Duty Administrative Review: Carbazole Violet Pigment 23 from India, 33243-33244 2010-14109 Preliminary Affirmative Countervailing Duty Determination: Drill Pipe from the People's Republic of China, 33245-33262 2010-14111 Preliminary Results of Antidumping Duty Administrative Review: Certain Welded Carbon Steel Pipe and Tube from Turkey, 33262-33268 2010-14106 International International Trade Commission NOTICES Scheduling of the Final Phase of Antidumping Investigations: Seamless Refined Copper Pipe and Tube from China and Mexico, 33330-33332 2010-14035 Justice Justice Department See Federal Bureau of Investigation See Juvenile Justice and Delinquency Prevention Office PROPOSED RULES Revision of the Procedures for the Administration of Section 5 of the Voting Rights Act, 33205-33216 2010-13393 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33332 2010-14000 Labor Labor Department See Employee Benefits Security Administration See Veterans Employment and Training Service Land Land Management Bureau NOTICES Filing of Plats of Survey: Montana, 33326 2010-14081 Intent to Establish and Call for Nominations: Rio Grande Natural Area Commission Colorado, 33326-33327 2010-14091 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 33355 2010-14171 Minerals Minerals Management Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 1010-NEW, Study of Sharing to Assess Community Resilience, 33324-33325 2010-14122 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 33355-33357 2010-14227 National Institute National Institute of Standards and Technology NOTICES Technology Innovation Program

(TIP)Notice of Availability of Funds; Amendment, 33268-33269 2010-14115 NIH National Institutes of Health NOTICES Request for Information

(RFI)on Plan to Develop the Genetic Testing Registry, 33317-33319 2010-14021 NOAA National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States: Pacific Coast Groundfish Fishery; Suspension of the Primary Pacific Whiting Season; etc., 33196-33197 2010-14075 NOTICES Atlantic Coastal Fisheries Cooperative Management Act Provisions: Weakfish Fishery, 33242-33243 2010-14064 Endangered and Threatened Species: Take of Anadromous Fish, 33243 2010-14078 Meetings: Marine Fisheries Advisory Committee, 33244-33245 2010-14082 Pacific Fishery Management Council, 33245 2010-14105 National Park National Park Service NOTICES Inventory Completion: New York University College of Dentistry, New York, NY, 33327-33330 2010-14039 2010-14040 2010-14041 Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA; Correction, 33328-33329 2010-14043 Navy Navy Department NOTICES Preferred Supplier Program (PSP): Withdrawal, 33273 2010-14045 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33357-33358 2010-14061 Confirmatory Order: Energy Carolinas, LLC; McGuire Nuclear Station, 33358-33361 2010-14059 Issuance of Regulatory Guide, 33361-33362 2010-14062 Opportunity To Request A Hearing And Provide Written Comments On Order Approving Indirect License Transfers, 33362-33365 2010-14202 Withdrawal of Application for Amendment to Facility Operating License: Entergy Nuclear Operations, Inc., 33365-33366 2010-14050 Exelon Generation Company, LLC; Oyster Creek Nuclear Generating Station, 33366 2010-14053 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33366-33367 2010-14113 2010-14114 Postal Postal Service NOTICES Meetings; Sunshine Act, 33367 2010-14226 RUS Rural Utilities Service NOTICES Basin Electric Power Cooperative: Deer Creek Station, 33238-33239 2010-14020 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33368-33369 2010-14055 2010-14056 2010-14057 Applications: EQ Advisors Trust, et al., 33369-33374 2010-14052 Meetings; Sunshine Act, 33374 2010-14148 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Incorporated, 33374-33375 2010-14054 SBA Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting and Recordkeeping Requirements, 33367 2010-14071 Disaster Declaration: Kentucky, 33367-33368 2010-14072 2010-14073 Social Social Security Administration RULES Extension of Expiration Dates for Several Body System Listings, 33166-33167 2010-13988 Technical Amendment Language Change from ''Wholly'' to ''Fully'', 33167-33169 2010-13987 State State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Shrimp Exporters/Importers Declaration, 33375-33376 2010-14132 Determination Related to Serbia Under Section 7072(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010, 33376 2010-14130 Surface Surface Transportation Board NOTICES Productivity Adjustments: Railroad Cost Recovery Procedures; Quarterly Rail Cost Adjustment Factor, 33379-33380 2010-14112 Thrift Thrift Supervision Office NOTICES Appointment of Receiver: TierOne Bank; Lincoln, NE, 33389 2010-13989 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office Customs U.S. Customs and Border Protection NOTICES Issuance of Final Determination Concerning a Lift Unit for an Overhead Patient Lift System; Correction, 33320 2010-14019 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ICE Mutual Agreement between Government and Employers (IMAGE), 33319 2010-14042 Veterans Veterans Affairs Department PROPOSED RULES Payment or Reimbursement for Emergency Treatment Furnished by Non-VA Providers in Non-VA Facilities: Certain Veterans with Service-connected or Nonservice-connected Disabilities, 33216-33219 2010-14110 Veterans Veterans Employment and Training Service PROPOSED RULES Funding Formula for Grants to States, 33203-33205 2010-13870 Separate Parts In This Issue Part II Environmental Protection Agency, 33392-33420 2010-10955 Part III Agriculture Department, Food and Nutrition Service, 33422-33444 2010-13446 Part IV Homeland Security Department, 33446-33488 2010-13991 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. 75 112 Friday, June 11, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2008-0071; Directorate Identifier 2006-SW-27-AD; Amendment 39-16291; AD 2010-10-12] RIN 2120-AA64 Airworthiness Directives; Bell Helicopter Textron Canada Model 222, 222B, 222U, 230, and 430 Helicopters AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment supersedes an existing airworthiness directive

(AD)for the specified Bell Helicopter Textron Canada

(BHTC)helicopters, that currently requires certain checks and inspections of the tail rotor blades. If a crack is found, the existing AD requires replacing the tail rotor blade (blade) with an airworthy blade before further flight. This amendment requires the same checks and inspections of the blades until they are required to be replaced and removes certain serial numbered and specifically coded blades from the applicability of the AD. This amendment is prompted by the approved rework of certain blades and two newly redesigned blades, which, if installed, constitute terminating action for the inspection requirements. The actions specified by this AD are intended to detect a crack in a blade, and to prevent loss of a blade and subsequent loss of control of the helicopter. DATES: Effective July 16, 2010. ADDRESSES: You may get the service information identified in this AD from Bell Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101, telephone

(817)280-3391, fax

(817)280-6466, or at *http://www.bellcustomer.com/files/* . *Examining the Docket:* You may examine the docket that contains this AD, any comments, and other information on the Internet at *http://www.regulations.gov,* or at the Docket Operations office, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, Sharon Miles, ASW-111, Aviation Safety Engineer, Rotorcraft Directorate, Regulations and Guidance Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone

(817)222-5122, fax

(817)222-5961. SUPPLEMENTARY INFORMATION: On February 10, 2005, we issued AD 2005-04-09, Amendment 39-13981 (70 FR 8021, February 17, 2005), that superseded AD 2004-26-11, Amendment 39-13923 (70 FR 7, January 3, 2005), to require certain checks and inspections of the blades. Both AD 2004-26-11 and 2005-04-09 also require replacing any cracked blade before further flight. AD 2004-26-11 was prompted by reports of cracked blades and required certain checks, inspections, and replacements, if necessary. AD 2005-04-09 required the same checks and inspections as AD 2004-26-11 but also added two serial numbers to the applicability and corrected some typographical errors. Since issuing AD 2005-04-09, the manufacturer has introduced a rework procedure for the affected blades and two newly redesigned blades, which, if installed, constitute terminating action for the inspection requirements. Therefore, a proposal to amend 14 CFR part 39 by superseding AD 2005-04-09 for the specified BHTC model helicopters was published as a Notice of proposed rulemaking

(NPRM)in the **Federal Register** on July 28, 2008 (73 FR 43648, July 28, 2008). That NPRM proposed the same checks, inspections, and replacements of the blades. The NPRM also proposed to remove certain serial numbered and specifically coded blades from the applicability of the AD. The NPRM was prompted by the approved rework of certain blades and two newly redesigned blades, which, if installed, constitutes terminating action for the inspection requirements. Transport Canada, the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on the specified BHTC model helicopters. Transport Canada advises of the discovery of cracked blades during scheduled inspections on three occasions. Two cracks originated from the outboard feathering bearing bore underneath the flanged sleeves. The third crack started from the inboard feathering bearing bore. Investigation found that the cracks originated from either a machining burr or a corrosion site in the bearing bore underneath the flanged sleeves. BHTC has issued Alert Service Bulletin

(ASB)No. 222-04-100, Revision B, for Model 222 and 222B helicopters; ASB No. 222U-04-71, Revision B, for Model 222U helicopters; ASB No. 230-04-31, Revision B, for Model 230 helicopters; and ASB No. 430-04-31, Revision C, for Model 430 helicopters, all dated March 31, 2008. The ASBs specify a visual inspection of the blade root end around the feathering bearings for a crack, not later than at the next scheduled inspection, and thereafter at every 3 flight hours maximum. Further, they describe a visual inspection for a crack, to include removing the blade from the helicopter if a crack is found in the paint, within the next 50 flight hours, and thereafter at every 50 flight hours. In addition, the ASBs state that, on or before December 31, 2008, each blade should be reworked by Rotor Blades, Inc., or exchanged if the blade has less than 4,000 hours TIS or if the blade has 4,000 or more hours TIS, the blade should continue to be repetitively inspected or a replacement blade should be ordered. Transport Canada classified these service bulletins as mandatory and issued AD CF-2004-21R3, dated April 23, 2008, to ensure the continued airworthiness of these helicopters in Canada. This AD differs from the ASB in that it requires, on or before 90 days after the effective date of the AD, replacing all affected blades with airworthy blades that are not subject to the inspection requirements, without differentiating between blades based on hours TIS. Additionally, this AD does not require operators to send their blades to Rotor Blades, Inc. for rework. These helicopter models are manufactured in Canada and are type certificated for operation in the United States under the provisions of 14 CFR 21.29 and the applicable bilateral agreement. Pursuant to the applicable bilateral agreement, Transport Canada has kept the FAA informed of the situation described above. The FAA has examined the findings of Transport Canada, reviewed all available information, and determined that AD action is necessary for products of these type designs that are certificated for operation in the United States. Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed. However, we have inserted the Joint Aircraft System/Component Code into this AD for informational purposes. We have determined that this change will neither increase the economic burden on any operator nor increase the scope of this AD. We estimate that this AD will affect 156 helicopters of U.S. registry, and the required actions will take: • About 0.25 work hour for a pilot check, and 2 work hours for a maintenance inspection, at an average labor rate of $80 per work hour, and • About 6 work hours to remove and replace the blade. Required parts will cost about $13,410 per blade, assuming one blade per helicopter is replaced each year. Based on these figures, we estimate the cost of this AD on U.S. operators is $3,090,360, assuming each helicopter requires 200 pilot checks and 12 maintenance inspections prior to replacing a blade on or before the compliance date for all affected helicopters. 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 an economic evaluation of the estimated costs to comply with this AD. See the AD docket to examine the economic evaluation. 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration 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. Section 39.13 is amended by removing Amendment 39-13981 (70 FR 8021, February 17, 2005), and by adding a new airworthiness directive (AD), Amendment 39-16291, to read as follows: **2010-10-12 Bell Helicopter Textron Canada** : Amendment 39-16291. Docket No. FAA-2008-0071; Directorate Identifier 2006-SW-27-AD. Supersedes AD 2005-04-09, Amendment 39-13981, Docket No. FAA-2005-20107. *Applicability:* The following helicopter models, with a listed helicopter serial number (S/N) and a listed part-numbered tail rotor blade (blade) installed, that does not have an excepted S/N or code, certificated in any category. Helicopter model Helicopter S/N Blade Part No. (P/N) 222 47006 through 47089 222-016-001-123, -123M, -127, -127M, -131, -135, -139M, -141M, except those P/Ns with S/Ns listed in Exceptions 1 and 2 or the “R” code described in Exception 3. 222B 47131 through 47156 222-016-001-123, -123M, -127, -127M, -131, -135, -139M, -141M, except those P/Ns with S/Ns listed in Exceptions 1 and 2 or the “R” code described in Exception 3. 222U 47501 through 47574 222-016-001-123, -123M, -131, -139M, except those P/Ns with a S/N listed in Exception 2 or the “R” code described in Exception 3. 230 23001 through 23038 222-016-001-123, -123M, -131, -139M, except those P/Ns with a S/N listed in Exception 2 or the “R” code described in Exception 3. 430 49001 through 49107 222-016-001-123, -123M, -131, -139M, except those P/Ns with a S/N listed in Exception 2 or the “R” code described in Exception 3. *Exception 1:* Blade, P/N 222-016-001-135 or -141M, S/N A-1502, A-1503, A-1504, A-1505, A-1507, A-1508, A-1509, A-1510, A-1556, A-1557, A-1558, A-1560, A-1561, A-1574, A-1635, A-1636, A-1828, A-1829, and S/Ns with a prefix of “A” and a number greater than 1829 have the intent of this proposal accomplished prior to delivery and no further action is required by this AD. *Exception 2:* Blade, P/N 222-016-001-131 and -139M, S/N A-2049, A-2055, A-2060, A-2070, A-2071, A-2085, and S/Ns with a prefix of “A” and a number greater than 2085 have the intent of this proposal accomplished prior to delivery and no further action is required by this AD. *Exception 3:* Blades identified with an “R” code in the square block below the P/N field of the Data Plate have already been modified and no further actions are required by this AD. Note 1: New blades, P/N 222-016-001-139 and -141, with no letter on the Data Plate after the P/N, are not subject to the requirements of this AD. *Compliance:* Required as indicated. To detect a crack in a blade, and to prevent loss of the blade and subsequent loss of control of the helicopter, accomplish the following:

(a)Within 3 hours time-in-service (TIS), unless accomplished previously, and thereafter at intervals not to exceed 3 hours TIS, clean and visually check both sides of each blade for a crack in the paint in the areas shown in Figure 1 of this AD. An owner/operator (pilot), holding at least a private pilot certificate, may perform this visual check and must enter compliance with this paragraph into the helicopter maintenance records by following 14 CFR 43.11 and 91.417(a)(2)(v). ER11JN10.002 Note 2: Bell Helicopter Textron Alert Service Bulletin

(b)If the visual check required by paragraph

(a)of this AD reveals a crack in the paint, before further flight, remove the blade and follow the requirements in paragraphs (c)(2) through (c)(3)(ii) of this AD.

(c)Within the next 50 hours TIS, unless accomplished previously, and thereafter at intervals not to exceed 50 hours TIS, clean the blade by wiping down both surfaces of each blade in the inspection area depicted in Figure 1 of this AD using aliphatic naphtha (C-305) or detergent (C-318) or an equivalent. Using a 10X or higher power magnifying glass, visually inspect both sides of the blade in the areas depicted in Figure 1 of this AD.

(1)If a crack is found, even if only in the paint, before further flight, remove the blade from the helicopter and proceed with the following:

(2)Remove the paint on the blade down to the bare metal in the area of the suspected crack by using plastic media blasting

(PMB)or a nylon web abrasive pad. Abrade the blade surface in a span-wise direction only. Note 3: PMB may cause damage to helicopter parts if untrained personnel perform the paint removal. BHT-ALL-SPM, chapter 3, paragraph 3-24, contains guidance on the subject of this AD.

(3)Using a 10X or higher power magnifying glass, inspect the blade for a crack.

(i)If a crack is found, replace the blade with an airworthy blade before further flight.

(ii)If no crack is found in the blade surface, refinish the blade by applying one coat of epoxy polyamide primer, MIL-P-23377 or MIL-P-85582, so that the primer overlaps the existing coats just beyond the abraded area. Let the area dry for 30 minutes to 1 hour. Then, apply one sealer coat of polyurethane, MILC85285 TYI CL2, color number 27925 (semi-gloss white). Reinstall the blade. Note 4: BHT-ALL-SPM, chapter 4, contains guidance on painting the blade.

(d)On or before 90 days after the effective date of this AD, replace any affected serial-numbered blade with an airworthy blade that has a S/N that is not subject to, or has been excepted from, the requirements of this AD. Installing an airworthy blade that is not subject to the requirements of this AD, or has been excepted from the requirements of this AD, including those blades with an “R” code in the square block below the part number field of the Data Plate, constitute a terminating action for the requirements of this AD.

(e)To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Contact the Manager, Safety Management Group, FAA, ATTN: Sharon Miles, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas 76137, telephone

(817)222-5122, fax

(817)222-5961, for information about previously approved alternative methods of compliance.

(f)The Joint Aircraft System/Component

(JASC)Code is 6410: Tail Rotor Blades.

(g)This amendment becomes effective on July 16, 2010. Note 5: The subject of this AD is addressed in Transport Canada (Canada) AD CF-2004-21R3, dated April 23, 2008. Issued in Fort Worth, Texas, on April 28, 2010. Mark R. Schilling, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service. [FR Doc. 2010-11071 Filed 6-10-10; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

CFR