Fed. Reg. Unknown — Final rule

--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-23.xml --- 75 120 Wednesday, June 23, 2010 Contents Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Income and Program Participation

(SIPP)2011 Re-engineered SIPP - Field Test, 35764-35765 2010-15085 Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35817-35818 2010-15170 Children Children and Families Administration NOTICES Advisory Committee on Head Start Research and Evaluation, 35816-35817 2010-15177 Civil Civil Rights Commission NOTICES Meetings: Massachusetts Advisory Committee, 35764 2010-15171 Coast Guard Coast Guard RULES Safety Zones: Annual Fireworks Events in the Captain of the Port Detroit Zone, 35648-35649 2010-15145 Fourth of July Fireworks, City of Sausalito, Sausalito, CA, 35650-35651 2010-15150 Fourth of July Fireworks, City of Vallejo, Vallejo, CA, 35652-35653 2010-15199 Fourth of July Fireworks, Lake Tahoe, CA, 35649-35650 2010-15152 Long Island Sound Annual Fireworks Displays, 35651 2010-15146 Northern California Annual Fireworks Events, Fourth of July Fireworks, South Lake Tahoe Gaming Alliance, 35652 2010-15200 Northern California Annual Fireworks Events, Independence Day Fireworks, 35650 2010-15151 Northern California Annual Fireworks Events, July Fourth Fireworks Display, 35649 2010-15149 San Francisco Chronicle Fireworks Display, San Francisco, CA, 35651-35652 2010-15153 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Comptroller Comptroller of the Currency PROPOSED RULES Community Reinvestment Act Regulation Hearings, 35686-35689 2010-15114 Defense Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Ownership or Control by a Foreign Government (DFARS Case 2010-D010), 35684-35685 2010-15126 Defense Defense Department See Defense Acquisition Regulations System See Engineers Corps Drug Drug Enforcement Administration NOTICES Controlled Substances: Proposed Revised Aggregate Production Quotas (for 2010), 35838-35841 2010-15159 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35773-35776 2010-15178 2010-15179 2010-15181 Applications for New Awards Using Fiscal Year

(FY)2009 Funds: Smaller Learning Communities Program, 35894-35900 2010-15084 Final Priorities, Requirements, Definition and Selection Criteria: Smaller Learning Communities Program, 35882-35891 2010-15083 Election Election Assistance Commission NOTICES Meetings; Sunshine Act:, 35776 2010-15378 Employee Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Return/Report of Employee Benefit Plan, 35843-35844 2010-15092 Prohibited Transaction Class Exemption 85-68; To Permit Employee Benefit Plans to Invest in Customer Notes of Employers, 35842-35843 2010-15093 Prohibited Transaction Class Exemption 92-6; Sale of Individual Life Insurance or Annuity Contracts by a Plan, 35842 2010-15091 Transactions Between Individual Retirement Accounts and Authorized Purchasers of American Eagle Coins, 35841-35842 2010-15089 Energy Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Permit Application for Proposed Salton Sea Species Conservation Habitat Project, Riverside and Imperial Counties, CA, 35770-35773 2010-15176 EPA Environmental Protection Agency RULES Final Authorization of State Hazardous Waste Management Program Revisions: Massachusetts, 35660-35666 2010-15255 Pesticide Tolerances: Thiamethoxam, 35653-35660 2010-15035 PROPOSED RULES Final Authorization of State Hazardous Waste Management Program Revisions: Massachusetts, 35720-35721 2010-15256 National Pollutant Discharge Elimination System: Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting, 35712-35720 2010-15254 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Request for Pulp and Paper Sector New Source Performance Standards, etc., 35792-35795 2010-15221 Information Requirements for Importation of Nonconforming Vehicles (Renewal), 35795-35796 2010-15219 Antimicrobial Pesticide Registration Review Dockets Opened for Review and Comment: Busan 74 (2-hydroxypropyl methanethiosulfonate); Chlorine Gas; and Dichromic Acid, et al., 35796-35798 2010-14895 Availability of Class Deviation; Disputes Resolution Procedures: Enforcement Actions Associated with Leaking Underground Storage Tank Cooperative Agreements Distributing Funds, etc., 35799-35800 2010-15222 Draft EPAs Reanalysis of Key Issues Related to Dioxin Toxicity and Response to NAS Comments, 35800-35801 2010-15217 Meetings: National Drinking Water Advisory Council, 35801 2010-15218 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 35801-35805 2010-15034 Pesticide Product Registrations; Conditional Approvals, 35805-35807 2010-15207 Receipt of Request to Voluntarily Amend Registrations to Terminate Certain Uses: 2-(Hydroxymethyl)-2-nitro-1,3-propanediol (Tris Nitro), 35807-35810 2010-15209 Registration Review; Pesticide Dockets Opened for Review and Comment, 35810-35812 2010-15212 Executive Office of the President See Presidential Documents See Science and Technology Policy Office FAA Federal Aviation Administration RULES Airworthiness Directives: Air Tractor, Inc. Models AT-802 and AT-802A Airplanes, 35616-35619 2010-14990 Boeing Company Model 777-200LR and -300ER Series Airplanes, 35609-35611 2010-14977 Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700 & 701), Model CL-600-2D15 (Regional Jet Series 705) Airplanes, etc., 35613-35616 2010-14979 Bombardier, Inc. Model DHC-8-400 Series Airplanes, 35622-35624 2010-14984 Fokker Services B.V. Model F.27 Mark 500 and 600 Airplanes, 35624-35627 2010-14783 Fokker Services B.V. Model F.28 Mark 0070 and 0100 Airplanes, 35605-35609 2010-15056 McDonnell Douglas Corporation Model DC-10-10, DC-10-10F, and MD-10-10F Airplanes, 35611-35613 2010-14982 Piper Aircraft, Inc. Models PA-32R-301T and PA-46-350P Airplanes, 35619-35622 2010-14991 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 35627-35631 2010-14980 2010-14983 FCC Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35813-35814 2010-15105 2010-15106 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Community Reinvestment Act Regulation Hearings, 35686-35689 2010-15114 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 35670-35684 2010-15229 2010-15231 2010-15234 2010-15235 Suspension of Community Eligibility, 35666-35670 2010-15228 NOTICES Emergency Declaration: North Dakota, 35826 2010-15239 Major Disaster Declarations: Kentucky, 35826, 35828 2010-15238 2010-15244 North Dakota, 35826-35827 2010-15236 2010-15250 Tennessee, 35827 2010-15249 Virginia, 35827 2010-15241 Federal Energy Federal Energy Regulatory Commission RULES Transparency Provisions of Section 23 of the Natural Gas Act, 35632-35643 2010-15118 PROPOSED RULES Revisions to Forms, Statements, and Reporting Requirements for Natural Gas Pipelines, 35700-35709 2010-15164 System Personnel Training Reliability Standards, 35689-35700 2010-15148 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35776-35778 2010-15140 Applications: Modesto Irrigation District and Turlock Irrigation District, 35778-35779 2010-15139 Northern Natural Gas Co., 35779-35780 2010-15136 Thermalito Afterbay Hydro, LLC, 35779 2010-15143 Baseline Filings: Centana Intrastate Pipeline, LLC, 35780-35781 2010-15137 2010-15141 Kinder Morgan North Texas Pipeline LLC, 35781 2010-15142 ONEOK Texas Gas Storage, L.L.C., 35780 2010-15144 Combined Filings, 35781-35786 2010-15120 2010-15122 2010-15123 2010-15124 2010-15165 2010-15166 Filings: Resale Power Group of Iowa et al., 35786 2010-15138 FMC Federal Maritime Commission NOTICES Agreement Filed, 35815 2010-15230 Ocean Transportation Intermediary License; Applicants, 35815 2010-15232 Federal Reserve Federal Reserve System PROPOSED RULES Community Reinvestment Act Regulation Hearings, 35686-35689 2010-15114 NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 35814 2010-15175 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 35814 2010-15173 Proposals to Engage in Permissible Nonbanking Activities or Acquire Companies Engaged in Permissible Nonbanking Activities, 35815 2010-15174 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35874-35875 2010-15108 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition to List the Honduran Emerald Hummingbird as Endangered, 35746-35751 2010-15225 Designation of Critical Habitat for Tumbling Creek Cavesnail, 35751-35763 2010-15252 Listing Ipomopsis Polyantha (Pagosa Skyrocket) as Endangered Throughout Its Range, etc., 35721-35746 2010-15251 NOTICES Comprehensive Conservation Plan and Environmental Assessment: Bear Lake National Wildlife Refuge, Oxford Slough Waterfowl Production Area, ID, 35829-35831 2010-15201 Receipt of Applications for Endangered Species Permits, 35834-35838 2010-15168 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Establishment of the Consumer Operated and Oriented Plan (CO-OP) Advisory Board, 35816 2010-15223 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department PROPOSED RULES On-Site Completion of Construction of Manufactured Homes, 35902-35918 2010-15088 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Economic Opportunities for Low- and Very Low-Income Persons, 35829 2010-15096 Youthbuild Program, 35828-35829 2010-15094 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Extended Carryback of Losses to or from a Consolidated Group, 35643-35648 2010-15087 PROPOSED RULES Extended Carryback of Losses to or from a Consolidated Group, 35710-35711 2010-15086 International International Trade Administration NOTICES Establishment and Solicitation of Nominations for Membership: Renewable Energy and Energy Efficiency Advisory Committee, 35766-35767 2010-15158 Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 35769 2010-15214 Rescission of Antidumping Duty Administrative Review: Certain Preserved Mushrooms from India, 35769-35770 2010-15220 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Public Tour and Meeting: Twin Falls District Resource Advisory Council, Idaho, 35832 2010-15162 Realty Action: Competitive Sale of Public Lands in Tehama County, CA, 35832-35834 2010-15203 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 35844-35845 2010-15272 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35875-35876 2010-15115 2010-15116 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 35845 2010-15167 National Highway National Highway Traffic Safety Administration NOTICES Receipt of Petition for Decision of Inconsequential Noncompliance: Bentley Motors Inc., 35877-35878 2010-15112 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 35822 2010-15183 National Human Genome Research Institute, 35821 2010-15187 National Institute of Biomedical Imaging and Bioengineering, 35820-35821 2010-15186 National Institute of Diabetes and Digestive and Kidney Diseases, 35821 2010-15188 National Institute of General Medical Sciences, 35820 2010-15184 National Institute of Mental Health, 35822 2010-15182 National Institute on Aging, 35821-35822 2010-15185 NOAA National Oceanic and Atmospheric Administration RULES Regulations to Amend the Civil Procedures, 2010-15213 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 35768 2010-15109 Mid-Atlantic Fishery Management Council, 35768-35769 2010-15154 South Atlantic Fishery Management Council, 35767-35768 2010-15104 National Park National Park Service NOTICES Meetings: Committee for the Preservation of the White House, 35831 2010-15098 National Register of Historic Places: Notification of Pending Nominations and Related Actions, 35831-35832 2010-15125 National Telecommunications National Telecommunications and Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: BroadbandMatch Web Site Tool, 35765-35766 2010-15107 Nuclear Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35845-35846 2010-15196 Order Imposing Civil Monetary Penalty: Babcock & Wilcox Nuclear Operations Group, Inc., Lynchburg, VA, 35846-35847 2010-15198 Presidential Presidential Documents PROCLAMATIONS Special Observances: Father's Day (Proc. 8537), 35947-35949 2010-15403 World Refugee Day (Proc. 8538), 35951-35952 2010-15404 Science Science and Technology Policy Office NOTICES Meetings: President's Council of Advisors on Science and Technology, 35851-35852 2010-15161 SEC Securities and Exchange Commission PROPOSED RULES Investment Company Advertising: Target Date Retirement Fund Names and Marketing, 35920-35945 2010-15012 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35852-35853 2010-15134 2010-15135 Privacy Act; Systems of Records, 35853-35855 2010-15233 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 35864-35865 2010-15127 NASDAQ OMX PHLX, Inc., 35871-35872 2010-15131 New York Stock Exchange LLC, 35856-35861 2010-15132 NYSE Amex LLC, 35862-35871 2010-15129 2010-15133 Options Clearing Corp., 35861-35862 2010-15128 SBA Small Business Administration NOTICES Privacy Act; Computer Matching Program, 35847-35851 2010-15113 Southwestern Southwestern Power Administration NOTICES White River Minimum Flows - Addendum to Final Determination of Federal and Non Federal Hydropower Impacts, 35786-35792 2010-15227 State State Department NOTICES Designation of Doku Umarov and Other Aliases as a Specially Designated Global Terrorist, 35872 2010-15204 Meetings: Shipping Coordinating Committee, 35873 2010-15211 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35818-35820 2010-15206 2010-15208 Surface Surface Transportation Board NOTICES Abandonment Exemptions: Union Pacific Railroad Co., San Mateo County, CA, 35873-35874 2010-15226 Quarterly Rail Cost Adjustment Factor, 35877 2010-15100 Senior Executive Service Performance Review Board, 35877 2010-15155 Thrift Thrift Supervision Office PROPOSED RULES Community Reinvestment Act Regulation Hearings, 35686-35689 2010-15114 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 35878-35879 2010-15189 U.S. U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, 35823 2010-15192 Application to Adjust Status from Temporary to Permanent Resident, 35825 2010-15172 National Interest Waivers; Supplemental Evidence to (I-140 and I-485), 35824 2010-15190 Petition to Classify Orphan as an Immediate Relative and Application for Advance Processing of Orphan Petition, 35824-35825 2010-15180 Request to Petition for Custody for P. L. 97-359 Amerasian, 35822-35823 2010-15193 Veterans Veterans Affairs Department PROPOSED RULES Schedule for Rating Disabilities; Evaluation of Amyotrophic Lateral Sclerosis, 35711-35712 2010-15169 Separate Parts In This Issue Part II Education Department, 35882-35891 2010-15083 Part III Education Department, 35894-35900 2010-15084 Part IV Housing and Urban Development Department, 35902-35918 2010-15088 Part V Securities and Exchange Commission, 35920-35945 2010-15012 Part VI Presidential Documents, 35947-35949, 35951-35952 2010-15403 2010-15404 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. 75 120 Wednesday, June 23, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2010-0220; Directorate Identifier 2008-NM-166-AD; Amendment 39-16342; AD 2010-13-11] RIN 2120-AA64 Airworthiness Directives; Fokker Services B.V. Model F.28 Mark 0070 and 0100 Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive

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

(MCAI)originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: Due to their position on the aeroplane, fuel fire shut-off valve actuators P/N [part number] 9409122 are susceptible to freezing, which has an adverse effect on the operation of the valve. Also, due to various causes, the failure rate of [fuel fire shut-off valve] actuator P/N 9409122 is higher than expected. Failure or freezing of the actuator may prevent the flight crew to close the fuel fire shut-off valve in case of an engine fire. Due to their position on the aeroplane, fuel crossfeed valve actuators P/N 9409122 are susceptible to freezing, which has an adverse effect on the operation of the valve. This condition, if not corrected, may generate fuel asymmetry alerts when a valve remains in the open position after being selected closed. It may also prevent the flight crew from correcting a fuel asymmetry when a valve remains in the closed position after being selected open. One event was reported where, due to such problems, the flight crew shut down an engine in-flight and diverted the aircraft. * * * [D]ue to their position on the aircraft, ice may form on actuators P/N 9409122 installed on fuel crossfeed valves and fuel fire shut-off valves. Tests revealed that the ice can prevent the actuator and thus the valve from operating in flight (frozen stuck). * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 28, 2010. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 28, 2010. ADDRESSES: You may examine the AD docket on the Internet at *http://www.regulations.gov* or in person at the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-1137; fax

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

(NPRM)to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the **Federal Register** on March 9, 2010 (75 FR 10696). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: In-service experience revealed that, due to their position on the aircraft, ice may form on actuators P/N 9409122 installed on fuel crossfeed valves and fuel fire shut-off valves. Tests revealed that the ice can prevent the actuator and thus the valve from operating in flight (frozen stuck). A new actuator is being developed by Fokker Services. However, an airworthiness assessment revealed that interim actions are required for actuators p/n 9409122 installed on fuel crossfeed valves and fuel fire shut-off valves until the new actuators are installed. Fokker Services have issued Service Bulletin

(SB)SBF100-28-049 to introduce interim actions that will reduce the probability that fuel crossfeed and fuel fire shut-off valves equipped with actuators p/n 9409122 do not operate due to ice. The interim actions consist of an operational check of the actuators and the application of a grease layer on the actuators, followed by a weekly visual check of the applied grease layer and a 4-weekly operational check of the actuators. For the reasons stated above, this Airworthiness Directive

(AD)requires compliance with instructions contained in the referenced SB. This AD has been re-published to correct typographical errors in the ‘Remarks’ section, where the word ‘Proposed’ should have been deleted. EASA AD 2009-0116 states: Due to their position on the aeroplane, fuel crossfeed valve actuators P/N 9409122 are susceptible to freezing, which has an adverse effect on the operation of the valve. This condition, if not corrected, may generate fuel asymmetry alerts when a valve remains in the open position after being selected closed. It may also prevent the flight crew from correcting a fuel asymmetry when a valve remains in the closed position after being selected open. One event was reported where, due to such problems, the flight crew shut down an engine in-flight and diverted the aircraft. Aeroplanes with serial numbers 11244 through 11441 were delivered from the production line with actuators P/N 9401037 (“chimney type”) installed. However, on some aeroplanes, these actuators have subsequently been replaced in service with actuators P/N 9409122 (using mounting blocks P/N 7923505) on one or both fuel crossfeed valves. As a result, those aeroplanes are also affected by this unsafe condition. To address and correct this unsafe condition, EASA issued AD 2008-0126 that required the replacement of all P/N 9409122 fuel crossfeed valve actuators in accordance with Fokker Services SBF100-28-046 with new actuators developed by the manufacturer Eaton Aerospace, P/N 53-0013, which have improved reliability and are less susceptible to freezing. Following the introduction of actuator P/N 53-0013 in service, Eaton Aerospace reported manufacturing and design errors on actuators with P/N 53-0013. As a result of these errors, the top-cap of the actuator may become loose, possibly leading to actuator failure. Eaton Aerospace has eliminated these problems by introducing a new actuator P/N 53-0027 and Fokker Services have published SBF100-28-061 to introduce these improved actuators on aeroplanes. As the compliance time of EASA AD 2008-0126 has not yet expired, both P/N 9409122 and P/N 53-0013 fuel crossfeed valve actuators can currently be installed on aeroplanes affected by this AD. For the reasons described above, this EASA AD retains the requirements of AD 2008- 0126, which is superseded, and adds the requirement to install the new P/N 53-0027 actuators. This AD also allows direct installation of P/N 53-0027 on aeroplanes that are still in pre-SBF100-28-046 configuration, provided this is done within the compliance time as established for that SB in AD 2008-0126 and retained by this new AD. EASA AD 2009-0168 states: Due to their position on the aeroplane, fuel fire shut-off valve actuators P/N 9409122 are susceptible to freezing, which has an adverse effect on the operation of the valve. Also, due to various causes, the failure rate of actuator P/N 9409122 is higher than expected. Failure or freezing of the actuator may prevent the flight crew to close the fuel fire shut-off valve in case of an engine fire. Aeroplanes serial numbers 11244 through 11441 were delivered from the production line with actuators P/N 9401037 (“chimney type”) installed. However, on some aeroplanes, these actuators have subsequently been replaced in service with actuators P/N 9409122 (using mounting blocks P/N 7923505) on one or both fuel fire shut-off valves. As a result, those aeroplanes are also affected by this unsafe condition. To address and correct this unsafe condition, EASA issued AD 2008-0193, requiring the replacement of all P/N 9409122 fuel fire shut-off valve actuators with new actuators developed by the manufacturer Eaton Aerospace, P/N 53-0013, which have improved reliability and are less susceptible to freezing. Following the introduction of actuator P/N 53-0013 in service, Eaton Aerospace reported manufacturing and design errors on actuators with P/N 53-0013. As a result of these errors, the top-cap of the actuator may become loose, possibly leading to actuator failure. Eaton Aerospace has eliminated these problems by introducing a new actuator P/N 53-0027 and Fokker Services have published SBF100-76-020 to introduce these improved actuators on aeroplanes. As a consequence of EASA AD 2008-0193, both P/N 9409122 and P/N 53-0013 fuel fire shut-off valve actuators are currently installed on aeroplanes affected by this AD. For the reasons described above, this EASA AD supersedes AD 2008-0193 and requires the installation of new P/N 53-0027 actuators. This AD also prohibits the installation of P/N 53-0013 actuators in accordance with SBF100-76-018 (which has been cancelled), as previously required by EASA AD 2008-0193. You may obtain further information by examining the MCAI in the AD docket. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect 2 products of U.S. registry. We also estimate that it will take about 23 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $29,800 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these parts. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of this AD to the U.S. operators to be $63,510, or $31,755 per product. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. “Subtitle VII: Aviation Programs,” describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in “Subtitle VII, Part A, Subpart III, Section 44701: General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this AD: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov* ; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone

(800)647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: **2010-13-11 Fokker Services B.V.:** Amendment 39-16342. Docket No. FAA-2010-0220; Directorate Identifier 2008-NM-166-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective July 28, 2010. Affected ADs

(b)None. Applicability

(c)This AD applies to Fokker Services B.V. Model F.28 Mark 0070 and Mark 0100 airplanes, certificated in any category, all serial numbers, if an actuator having part number (P/N) 9409122 or P/N 53-0013 is installed on one or both fuel crossfeed valves or one or both fuel fire shut-off valves. Subject

(d)Air Transport Association

(ATA)of America Code 28 and 76: Fuel and Engine Controls, respectively. Reason

(e)The mandatory continuing airworthiness information

(MCAI)consists of three EASA ADs: 2007-0122, dated May 3, 2007 (corrected May 7, 2007); 2009-0116, dated May 29, 2009; and MCAI 2009-0168, dated August 3, 2009. EASA AD 2007-0122 states: In-service experience revealed that, due to their position on the aircraft, ice may form on actuators P/N 9409122 installed on fuel crossfeed valves and fuel fire shut-off valves. Tests revealed that the ice can prevent the actuator and thus the valve from operating in flight (frozen stuck). A new actuator is being developed by Fokker Services. However, an airworthiness assessment revealed that interim actions are required for actuators p/n 9409122 installed on fuel crossfeed valves and fuel fire shut-off valves until the new actuators are installed. Fokker Services have issued Service Bulletin

(SB)SBF100-28-049 to introduce interim actions that will reduce the probability that fuel crossfeed and fuel fire shut-off valves equipped with actuators p/n 9409122 do not operate due to ice. The interim actions consist of an operational check of the actuators and the application of a grease layer on the actuators, followed by a weekly visual check of the applied grease layer and a 4-weekly operational check of the actuators. For the reasons stated above, this Airworthiness Directive

(AD)requires compliance with instructions contained in the referenced SB. This AD has been re-published to correct typographical errors in the ‘Remarks’ section, where the word ‘Proposed’ should have been deleted. EASA AD 2009-0116 states: Due to their position on the aeroplane, fuel crossfeed valve actuators P/N 9409122 are susceptible to freezing, which has an adverse effect on the operation of the valve. This condition, if not corrected, may generate fuel asymmetry alerts when a valve remains in the open position after being selected closed. It may also prevent the flight crew from correcting a fuel asymmetry when a valve remains in the closed position after being selected open. One event was reported where, due to such problems, the flight crew shut down an engine in-flight and diverted the aircraft. Aeroplanes with serial numbers 11244 through 11441 were delivered from the production line with actuators P/N 9401037 (“chimney type”) installed. However, on some aeroplanes, these actuators have subsequently been replaced in service with actuators P/N 9409122 (using mounting blocks P/N 7923505) on one or both fuel crossfeed valves. As a result, those aeroplanes are also affected by this unsafe condition. To address and correct this unsafe condition, EASA issued AD 2008-0126 that required the replacement of all P/N 9409122 fuel crossfeed valve actuators in accordance with Fokker Services SBF100-28-046 with new actuators developed by the manufacturer Eaton Aerospace, P/N 53-0013, which have improved reliability and are less susceptible to freezing. Following the introduction of actuator P/N 53-0013 in service, Eaton Aerospace reported manufacturing and design errors on actuators with P/N 53-0013. As a result of these errors, the top-cap of the actuator may become loose, possibly leading to actuator failure. Eaton Aerospace has eliminated these problems by introducing a new actuator P/N 53-0027 and Fokker Services have published SBF100-28-061 to introduce these improved actuators on aeroplanes. As the compliance time of EASA AD 2008-0126 has not yet expired, both P/N 9409122 and P/N 53-0013 fuel crossfeed valve actuators can currently be installed on aeroplanes affected by this AD. For the reasons described above, this EASA AD retains the requirements of AD 2008-0126, which is superseded, and adds the requirement to install the new P/N 53-0027 actuators. This AD also allows direct installation of P/N 53-0027 on aeroplanes that are still in pre-SBF100-28-046 configuration, provided this is done within the compliance time as established for that SB in AD 2008-0126 and retained by this new AD. EASA AD 2009-0168 states: Due to their position on the aeroplane, fuel fire shut-off valve actuators P/N 9409122 are susceptible to freezing, which has an adverse effect on the operation of the valve. Also, due to various causes, the failure rate of actuator P/N 9409122 is higher than expected. Failure or freezing of the actuator may prevent the flight crew to close the fuel fire shut-off valve in case of an engine fire. Aeroplanes serial numbers 11244 through 11441 were delivered from the production line with actuators P/N 9401037 (“chimney type”) installed. However, on some aeroplanes, these actuators have subsequently been replaced in service with actuators P/N 9409122 (using mounting blocks P/N 7923505) on one or both fuel fire shut-off valves. As a result, those aeroplanes are also affected by this unsafe condition. To address and correct this unsafe condition, EASA issued AD 2008-0193, requiring the replacement of all P/N 9409122 fuel fire shut-off valve actuators with new actuators developed by the manufacturer Eaton Aerospace, P/N 53-0013, which have improved reliability and are less susceptible to freezing. Following the introduction of actuator P/N 53-0013 in service, Eaton Aerospace reported manufacturing and design errors on actuators with P/N 53-0013. As a result of these errors, the top-cap of the actuator may become loose, possibly leading to actuator failure. Eaton Aerospace has eliminated these problems by introducing a new actuator P/N 53-0027 and Fokker Services have published SBF100-76-020 to introduce these improved actuators on aeroplanes. As a consequence of EASA AD 2008-0193, both P/N 9409122 and P/N 53-0013 fuel fire shut-off valve actuators are currently installed on aeroplanes affected by this AD. For the reasons described above, this EASA AD supersedes AD 2008-0193 and requires the installation of new P/N 53-0027 actuators. This AD also prohibits the installation of P/N 53-0013 actuators in accordance with SBF100-76-018 (which has been cancelled), as previously required by EASA AD 2008-0193. 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. Inspections and Tests for Fuel Crossfeed Valves and Fuel Fire Shut-Off Valves

(g)For airplanes with an actuator having P/N 9409122 on one or both fuel crossfeed valves or one or both fuel fire shut-off valves: Within 30 days after the effective date of this AD, perform an operational test of, and application of grease on, the left-hand

(LH)and right-hand

(RH)fuel crossfeed valve actuators and fuel fire shut off valve actuators, in accordance with Part 1 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-049, dated April 3, 2007.

(h)For airplanes equipped with an actuator having P/N 9409122 on one or both fuel crossfeed valves or one or both fuel fire shut-off valves: Within 7 days after completion of the actions required by paragraph

(g)of this AD, and thereafter at intervals not to exceed 7 days, perform a general visual inspection of the applied grease layer on the LH and RH fuel crossfeed valve actuators and fuel fire shut off valve actuators, in accordance with Part 2 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-049, dated April 3, 2007. If the layer of grease on any valve actuator is found to be less than 2 to 3 millimeters, before further flight, reapply grease, in accordance with Part 1 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-049, dated April 3, 2007.

(i)For airplanes equipped with an actuator having P/N 9409122 on one or both fuel crossfeed valves or one or both fuel fire shut-off valves: Within 28 days after completion of the actions required by paragraph

(g)of this AD, and thereafter at intervals not to exceed 28 days, perform an operational test of the LH and RH fuel crossfeed valve actuators and fuel fire shut off valve actuators, in accordance with Part 3 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-049, dated April 3, 2007.

(j)During any of the tests required by paragraphs

(g)and

(i)of this AD, if a fuel fire shut-off valve actuator fails the operational test, before further flight, do the action specified in paragraph (j)(1) or (j)(2) of this AD.

(1)Do the replacement specified in paragraph

(l)of this AD.

(2)Replace the valve actuator with a serviceable part having P/N 9409122, using a method approved by either the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (or its delegated agent). Note 1: Guidance on replacing the valve actuator with a serviceable part can be found in the Fokker 70/100 Aircraft Maintenance Manual.

(k)During any of the tests required by paragraphs

(g)and

(i)of this AD, if a fuel crossfeed valve actuator fails the operational test, before further flight, do the action specified in paragraph (k)(1) or (k)(2) of this AD.

(1)Do the replacement specified in paragraph

(o)of this AD.

(2)Replace the valve actuator with a serviceable part having P/N 9409122, using a method approved by either the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the EASA (or its delegated agent). Note 2: Guidance on replacing the valve actuator with a serviceable part can be found in the Fokker 70/100 Aircraft Maintenance Manual. Replacement of Fuel Fire Shut-Off Valves

(l)For airplanes equipped with an actuator having P/N 9409122 on one or both fuel fire shut-off valves: Except as required by paragraph

(j)of this AD, within 15 months after the effective date of this AD, replace each fuel fire shut-off valve actuator having P/N 9409122 with a fuel fire shut-off valve actuator having P/N 53-0027 and accomplish the associated modifications, in accordance with Part 1A or 1B, as applicable, of the Accomplishment Instructions of Fokker Service Bulletin SBF100-76-020, dated April 20, 2009. After installation of fuel fire shut-off valve actuators having P/N 53-0027 on an airplane, the requirements of paragraphs (g), (h), and

(i)of this AD no longer apply to the fuel fire shut-off valve actuators installed on that airplane.

(m)For airplanes equipped with an actuator having P/N 53-0013 on one or both fuel fire shut-off valves: Within 15 months after the effective date of this AD, replace each fuel fire shut-off valve actuator having P/N 53-0013 with a fuel fire shut-off valve actuator having P/N 53-0027, in accordance with Part 2 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-76-020, dated April 20, 2009.

(n)As of the effective date of this AD, do not install a fuel fire shut-off valve actuator having P/N 53-0013 on any airplane. Replacement of Fuel Crossfeed Valves

(o)For airplanes equipped with an actuator having P/N 9409122 on one or both fuel crossfeed valves: Do the actions specified in paragraph (o)(1) or (o)(2) of this AD.

(1)Except as specified in paragraph (k)(1) of this AD, within 12 months after the effective date of this AD, replace each fuel crossfeed valve actuator having P/N 9409122 with a fuel crossfeed valve actuator having P/N 53-0013, and before further flight, accomplish the associated modifications, in accordance with the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-046, dated March 27, 2008; and do the replacement required by paragraph

(p)of this AD at the time specified in paragraph

(p)of this AD. After installing fuel crossfeed valve actuators having P/N 53-0013 on an airplane, the requirements of paragraphs (g), (h), and

(i)of this AD no longer apply to the fuel crossfeed valve actuators installed on that airplane.

(2)Within 12 months after the effective date of this AD, replace each fuel crossfeed valve actuator having P/N 9409122 with a fuel crossfeed valve actuator having P/N 53-0027, in accordance with Part 1A or 1B, as applicable, of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-061, dated April 20, 2009. After installing fuel crossfeed valve actuators having P/N 53-0027 on an airplane, the requirements of paragraphs (g), (h), and

(i)of this AD no longer apply to the fuel crossfeed valve actuators installed on that airplane.

(p)For airplanes equipped with an actuator having P/N 53-0013 on one or both fuel crossfeed valves: Within 18 months after the effective date of this AD, replace each fuel crossfeed valve actuator having P/N 53-0013 with a fuel crossfeed valve actuator having P/N 53-0027, in accordance with Part 2 of the Accomplishment Instructions of Fokker Service Bulletin SBF100-28-061, dated April 20, 2009. After installing fuel crossfeed valve actuators having P/N 53-0027 on an airplane, the requirements of paragraphs (g), (h), and

(i)of this AD no longer apply to the fuel crossfeed valve actuators installed on that airplane.

(q)After accomplishing the actions specified in paragraph

(p)of this AD, do not install any fuel crossfeed valve actuator having P/N 53-0013 on any airplane. FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: Although paragraph

(5)of EASA AD 2007-0122, dated May 3, 2007, allows operating the airplane in accordance with the Master Minimum Equipment List

(MMEL)Item 28-23-1 of MMEL Fokker 70/MMEL Fokker 100, paragraph

(l)of this AD requires replacing affected valves before further flight. Other FAA AD Provisions

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

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

(425)227-1137; fax

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

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

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

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

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

(s)Refer to MCAI European Aviation Safety Agency Airworthiness Directives 2009-0168, dated August 3, 2009, 2009-0116, dated May 29, 2009, and 2007-0122, dated May 3, 2007 (corrected May 7, 2007); and the Fokker service bulletins specified in Table 1 of this AD; for related information. Table 1—Related Service Information Fokker service bulletin— Dated— SBF100-28-046 March 27, 2008. SBF100-28-049 April 3, 2007. SBF100-28-061 April 20, 2009. SBF100-76-020 April 20, 2009. Material Incorporated by Reference

(t)You must use the service information contained in Table 2 of this AD, as applicable, to do the actions required by this AD, unless the AD specifies otherwise. Table 2—Material Incorporated by Reference Fokker service bulletin— Dated— SBF100-28-046, including the drawings identified in Table 3 of this AD March 27, 2008. SBF100-28-049 April 3, 2007. SBF100-28-061, including the drawings identified in Table 4 of this AD April 20, 2009. SBF100-76-020, including the drawings identified in Table 5 of this AD April 20, 2009. Table 3—Drawings Included in Fokker Service Bulletin SBF100-28-046 Fokker Drawing— Sheet— Issue— Dated— W41194 007 D March 27, 2008. W41194 008 D March 27, 2008. Table 4—Drawings Included in Fokker Service Bulletin SBF100-28-061 Fokker Drawing— Sheet— Issue— Dated— W41194 007 D April 20, 2009. W41194 008 D April 20, 2009. Table 5—Drawings Included in Fokker Service Bulletin SBF100-76-020 Fokker Drawing— Sheet— Issue— Dated— W41460 002 Original April 20, 2009. W41460 003 Original April 20, 2009. W59170 12 AC March 20, 2008.

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

(2)For service information identified in this AD, contact Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax +31 (0)252-627-211; e-mail *technicalservices.fokkerservices@stork.com* ; Internet *http://www.myfokkerfleet.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 June 16, 2010. Robert D. Breneman, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010-15056 Filed 6-22-10; 8:45 am]

Unknown. Final rule