Unknown. Final rule; request for comments

5,853 words·~27 min read·/register/2010/10/19/2010-25434·

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-2010-10-19.xml --- 75 201 Tuesday, October 19, 2010 Contents Agriculture Agriculture Department See Forest Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Tax Exempt Transfer and Registration of Firearm, 64353-64354 2010-26306 Application for Tax-Exempt Transfer of Firearm and Registration to Special (Occupational) Taxpayer, 64355 2010-26307 Federal Firearms License

(FFL)RENEWAL Application, 64355-64356 2010-26313 NFA Special Tax Renewal Registration and Return, etc., 64354 2010-26308 User-Limited Permit (Explosives), 64356 2010-26309 Bonneville Bonneville Power Administration NOTICES Records Of Decisions: Shepherds Flat Wind Project; Offer of Conditional Commitment for Loan Guarantee, and Electrical Interconnection; Revision, 64296-64301 2010-26229 Bureau of Ocean Energy Management, Regulation and Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Increased Safety Measures for Energy Development on OCS NTL, 64348-64349 2010-26296 Centers Centers for Disease Control and Prevention NOTICES Components for Evaluation of Direct-Reading Monitors for Gases and Vapors and Addendum, 64309-64310 2010-26221 Children Children and Families Administration NOTICES Meetings: National Commission on Children and Disasters, 64311 2010-26231 Coast Guard Coast Guard RULES Bulk Solid Hazardous Materials: Harmonization with the International Maritime Solid Bulk Cargoes Code, 64586-64609 2010-25383 Safety Zones: Brandon Road Lock and Dam to Lake Michigan, etc., Chicago, IL, 64147-64148 2010-26213 NOTICES Meetings: Interagency Coordinating Committee on Oil Pollution Research, 64321-64322 2010-26287 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau 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: Applications and Reporting Requirements for Incidental Take of Marine Mammals by Specified Activities, etc., 64245-64246 2010-26252 Highly Migratory Species Dealer Reporting Family of Forms, 64246 2010-26277 NTIA/FCC Web-Based Frequency Coordination System, 64245 2010-26248 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64295-64296 2010-26290 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Programs: Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment, 64173 2010-26230 NOTICES Records Of Decisions: Shepherds Flat Wind Project; Offer of Conditional Commitment for Loan Guarantee, and Electrical Interconnection; Revision, 64296-64301 2010-26229 EPA Environmental Protection Agency RULES Approvals of Implementation Plans: Nitrogen Oxides Reasonably Available Control Technology; Wisconsin, 64155-64162 2010-26256 Determinations of Attainment (for PM10): Eagle River PM10 Nonattainment Area, Alaska, 64162-64165 2010-26258 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Texas; Revisions to Rules and Regulations for Control of Air Pollution; Permitting of Grandfathered and Electing Electric Generating Facilities, 64235-64241 2010-26259 Determinations of Attainment (for PM10): Eagle River PM10 Nonattainment Area, Alaska, 64241-64242 2010-26257 Source Specific Federal Implementation Plans: Navajo Nation; Best Available Retrofit Technology for Four Corners Power Plant, 64221-64235 2010-26262 NOTICES Regional Project Waivers of Section 1605 (Buy American) of 2009 American Recovery and Reinvestment Act: City of Lowell, MA, 64308-64309 2010-26260 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness Directives: Cessna Aircraft Co. (Cessna) Models 336, 337, 337A (USAF 02B), 337B, M337B (USAF 02A), etc. Airplanes, 64111-64120 2010-25434 NOTICES Approvals of Noise Compatibility Programs: Chicago Executive Airport, Prospect Heights and Wheeling, IL, 64393-64394 2010-26324 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Dodd-Frank Wall Street Reform and Consumer Protection Act: Implementation of Certain Orderly Liquidation Authority Provisions, 64173-64182 2010-26049 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 64165-64171 2010-26311 NOTICES Major Disasters and Related Determinations: Arizona, 64320-64321 2010-26211 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Extension, 64301-64303 2010-26240 Applications for Transfer of Licenses, Substitution of Relicense Applicant, and Soliciting Comments, etc.: Vermont Marble Power, Division of Omya Inc; Central Vermont Public Service Corp., 64303 2010-26244 Environmental Assessments; Availability, etc.: Northeast Upgrade Project, etc.; Public Scoping Meetings, 64303-64306 2010-26241 Institutions of Proceedings and Refund Effective Dates: Shell Energy North America (US), LP, 64306 2010-26242 Meetings; Sunshine Act, 64306-64307 2010-26356 Revised Statements of Operating Conditions: ECOP Gas Co., LLC, 64307-64308 2010-26243 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 64394 2010-26299 Solicitations For Participation: Value Pricing Pilot Program (Fiscal Years 2010 and 2011), 64397-64403 2010-26298 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 64394-64396 2010-26294 Vision, 64396-64397 2010-26300 Food Food and Drug Administration NOTICES Determinations that Drugs were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: BUSPAR (Buspirone Hydrochloride) Tablets, 10 Milligrams, 15 Milligrams, and 30 Milligrams, 64310-64311 2010-26214 Meetings: Endocrinologic and Metabolic Drugs Advisory Committee, 64313-64314 2010-26251 Oncologic Drugs Advisory Committee, 64314 2010-26247 Product Development Program for Interventions in Patients with Severe Bleeding Due to Trauma, etc.; Public Workshop, 64314-64315 2010-26212 Foreign Foreign-Trade Zones Board NOTICES Approvals for Manufacturing Authority: Foreign-Trade Zone 196; ATC Logistics and Electronics, Fort Worth, TX, 64248 2010-26276 Approvals for Processing Authority: Foreign-Trade Zones 73 and 74; Belts Corp. (Kitting of Liquor Gift Sets), Elkridge and Baltimore, MD, 64248-64249 2010-26273 Reorganizations/Expansions under Alternative Site Framework: Foreign-Trade Zone 196, Fort Worth, TX, 64276 2010-26275 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Tollgate Fuels Reduction Project; Umatilla National Forest, Walla Walla Ranger District, OR, 64243-64244 2010-26223 Meetings: Wrangell-Petersburg Resource Advisory Committee, 64244-64245 2010-26227 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated Consumers' Report, 64349-64350 2010-26226 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Meetings: Advisory Committee on Interdisciplinary, Community-Based Linkages, 64317 2010-26203 Advisory Committee on Training in Primary Care Medicine and Dentistry, 64318 2010-26205 National Advisory Council on Nurse Education and Practice, 64318 2010-26204 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Formula Allocations and Program Requirements: Neighborhood Stabilization Program Formula Grants, 64322-64348 2010-26292 Industry Industry and Security Bureau NOTICES Meetings: Information Systems Technical Advisory Committee; Partially Closed, 64258-64259 2010-26295 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Geological Survey See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Hybrid Retirement Plans, 64123-64147 2010-25941 PROPOSED RULES Additional Rules Regarding Hybrid Retirement Plans, 64197-64216 2010-25942 NOTICES Privacy Act; Systems of Records, 64403-64409 2010-26323 International International Trade Administration NOTICES Antidumping Duty Orders: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Brazil; Correction, 64246-64247 2010-26268 Extensions of Final Results of Antidumping Duty Administrative and New-Shipper Reviews: Freshwater Crawfish Tail Meat from People's Republic of China, 64249-64250 2010-26269 Extensions of Time Limits for Preliminary Results of First Administrative Reviews of Antidumping Duty Orders: Small Diameter Graphite Electrodes from People's Republic of China, 64250 2010-26266 Final Antidumping Duty Administrative Reviews: Certain Welded Carbon Steel Pipe and Tube from Turkey, 64250-64252 2010-26271 Final Results of 2008-2009 Antidumping Duty Administrative Reviews: Certain Polyester Staple Fiber from Republic of Korea, 64252-64254 2010-26267 Final Results of Antidumping Duty Administrative Reviews: Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Products from Brazil, 64254-64257 2010-26270 Preliminary Results of Antidumping Duty Administrative Reviews: Certain New Pneumatic Off-the-Road Tires from People's Republic of China, 64259-64268 2010-26193 Preliminary Results of Countervailing Duty Administrative Reviews: New Pneumatic Off-the-Road Tires from People's Republic of China, 64268-64276 2010-26283 International International Trade Commission NOTICES Meetings: Global Supply Chains; Seventh Update Special Topic; Economic Effects of Significant U.S. Import Restraints, 64351-64352 2010-26235 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Lodging of Consent Decrees: United States and State of Louisiana v. ConocoPhillips Co. and Sasol North America Inc., 64352-64353 2010-26238 United States v. Rutgers Organics Corp., 64353 2010-26255 Labor Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: NextLight Renewable Power, LLC; Silver State Solar Project, 64350-64351 2010-26264 Mine Mine Safety and Health Administration PROPOSED RULES Lowering Miners' Exposure to Respirable Coal Mine Dust Including Continuous Personal Dust Monitors, 64412-64506 2010-25249 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-26201 64356-64357 2010-26291 National Institute National Institute of Standards and Technology NOTICES Meetings: Cloud Computing Forum and Workshop II, 64258 2010-26303 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 64316-64317 2010-26317 National Eye Institute, 64311 2010-26310 National Institute of Diabetes and Digestive and Kidney Diseases, 64317 2010-26316 National Institute of Neurological Disorders and Stroke, 2010-26318 64315-64316 2010-26320 2010-26321 NTP Board of Scientific Counselors, 64311-64313 2010-26023 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of Gulf of Mexico; Closure of 2010 Gulf of Mexico Commercial Sector for Greater Amberjack, 64171-64172 2010-26284 Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 610 of Gulf of Alaska, 64172 2010-26274 PROPOSED RULES Taking and Importing Marine Mammals: Military Training Activities Conducted Within the Gulf of Alaska Temporary Maritime Activities Area, 64508-64583 2010-25230 NOTICES Applications: Research on Marine Mammals, 64247-64248 2010-26288 Endangered and Threatened Wildlife and Plants: Proposed Listing Determinations for Three Distinct Population Segments of Atlantic Sturgeon in Northeast Region, 64249 2010-26272 Takes of Marine Mammals Incidental to Specified Activities: Navy Training Conducted at Silver Strand Training Complex, San Diego Bay, 64276-64295 2010-26286 National Park National Park Service RULES General Regulation; National Park System, 64148-64155 2010-26392 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64357-64359 2010-26249 Nuclear Nuclear Regulatory Commission NOTICES Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 64359-64366 2010-26152 Meetings: Advisory Committee on Reactor Safeguards, 64366-64367 2010-26319 Meetings; Sunshine Act, 64367 2010-26374 Occupational Occupational Safety and Health Administration PROPOSED RULES Interpretation of Provisions for Feasible Administrative or Engineering Controls of Occupational Noise, 64216-64221 2010-26135 Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents PROCLAMATIONS Special Observances: Italian American Heritage and Culture Month (Proc. 8585), 64611-64614 2010-26486 SEC Securities and Exchange Commission RULES Forms N-CSR and N-SAR in Connection with 2010 Comprehensive Iran Sanctions, Accountability, and Divestment Act: Technical Amendments, 64120-64123 2010-26206 PROPOSED RULES Issuer Review of Assets in Offerings of Asset-Backed Securities, 64182-64197 2010-26172 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 64387-64388 2010-26209 Chicago Board Options Exchange, Inc., 64371-64372 2010-26279 Municipal Securities Rulemaking Board, 64372-64375 2010-26278 NASDAQ Stock Market LLC, 64370-64371, 64375-64387 2010-26245 2010-26246 2010-26208 2010-26215 NYSE Amex LLC, 64368-64370 2010-26109 SBA Small Business Administration NOTICES Major Disaster Declarations: Illinois; Amendment (2), 64367-64368 2010-26304 Meetings: North Florida District Advisory Council, 64368 2010-26305 Social Social Security Administration NOTICES Requests For Comments: Proposed Recommendations to Social Security Administration for Occupational Information System

(OIS)Development Planning, 64389-64390 2010-26216 State State Department NOTICES Meetings: Shipping Coordinating Committee, 64390 2010-26265 Surface Surface Transportation Board NOTICES Abandonment Exemptions: Norfolk Southern Railway Co., Polk County, IA, 64392-64393 2010-26234 Trade Trade Representative, Office of United States NOTICES North American Free Trade Agreement: Invitation for Applications for Inclusion on Chapter 19 Roster, 64390-64392 2010-26302 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service RULES Privacy Act; Implementation, 64147 2010-26326 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 64403 2010-26325 Customs U.S. Customs and Border Protection NOTICES Final Determinations: Fairplay Legacy Electric Vehicles, 64318-64320 2010-26314 Separate Parts In This Issue Part II Labor Department, Mine Safety and Health Administration, 64412-64506 2010-25249 Part III Commerce Department, National Oceanic and Atmospheric Administration, 64508-64583 2010-25230 Part IV Homeland Security Department, Coast Guard, 64586-64609 2010-25383 Part V Presidential Documents, 64611-64614 2010-26486 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. 75 201 Tuesday, October 19, 2010 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2010-1013; Directorate Identifier 2010-CE-048-AD; Amendment 39-16478; AD 2010-21-18] RIN 2120-AA64 Airworthiness Directives; Cessna Aircraft Company (Cessna) Models 336, 337, 337A (USAF 02B), 337B, M337B (USAF 02A), T337B, 337C, T337C, 337D, T337D, 337E, T337E, 337F, T337F, 337G, T337G, 337H, P337H, T337H, T337H-SP, F337E, FT337E, F337F, FT337F, F337G, FT337GP, F337H, and FT337HP Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. SUMMARY: We are adopting a new airworthiness directive

(AD)for the products listed above. This AD requires inspecting the wings for internal and external damage, repairing any damage found, installing an operational limitation placard in the cockpit, adding limitations to the flight manual supplement, and reporting the results of the inspection to the FAA if damage is found. This AD was prompted by a wing overload failure and by reports of cracks in the upper wing skins on certain Cessna airplanes that are or have ever been modified by Aviation Enterprises Supplemental Type Certificate

(STC)SA02055AT, SA02056AT, SA02307AT, or SA02308AT. We are issuing this AD to detect and correct damage in the wings and to prevent overload failure of the wing due to the installation of the STCs. Damage in the wing or overload failure of the wing could result in structural failure of the wing, which could result in loss of control. DATES: This AD is effective November 3, 2010. We must receive comments on this AD by December 3, 2010. ADDRESSES: You may send comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 202-493-2251. • *Mail:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • *Hand Delivery:* U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at *http://www.regulations.gov;* or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office ( *phone:* 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: William O. Herderich, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office, 1701 Columbia Avenue, College Park, Georgia 30337; *phone:*

(404)474-5547; *fax:*

(404)474-5605; *e-mail: William.O.Herderich@faa.gov.* SUPPLEMENTARY INFORMATION: Discussion In September 2000, we were notified of structural wing damage to a Cessna Model T337G airplane equipped with Aviation Enterprises wing extensions STC SA02055AT. The damage was described as starting with loose and working (smoking) rivets in the upper surface of the wing, progressing to buckling of the skins just outboard of the fuel tank access covers, loose wing extensions, and finally cracking in the wing skins. Based on discussions with the STC holder at that time, we believed that the damage to the airplane was the result of operation from unimproved airstrips and was an isolated event. In response to this event, Aviation Enterprises issued Wing Extension Service Letter AE 01-11-00. This letter recommended installing a placard on the instrument panel advising the pilot of weight and airspeed limitations and notes that landing on unpaved runways is not recommended. No further action was taken at this time. About ten years later, in February 2010, we received a report of an accident involving a Cessna Model 337 airplane modified with Aviation Enterprises wing extensions STC SA02055AT (along with Aviation Enterprises STC SA01094AT winglets). Investigation of the incident revealed cracks in the upper wing skins just outboard of the fuel tank access covers near wing station

(WSTA)150. The cracks were on both wings of the airplane and covered by repair patches. The wing skin cracks matched the description of those found in the September 2000 incident. In response to these problems and without determining that there was an unsafe condition under 14 CFR part 39, we issued Special Airworthiness Information Bulletin

(SAIB)CE-10-20. This SAIB recommended that Cessna Model 336 and 337 series airplanes equipped with wingtip extensions have a one-time inspection for internal and external damage from WSTA 23 to the wing tip within the next 100 hours time-in-service. The SAIB listed focused inspection areas based on the previously reported damage. The SAIB also contained a request for the inspection results to be sent to the FAA if damage was found. As a result of the inspection report request in the SAIB, one report was received. In this report, it was stated that the damage to the airplane included loose and working (smoking) rivets in the upper surface of the wing, buckling of the upper surface skins and stringers just outboard of the fuel tanks access covers, and cracking in the wing skins. There was also an upper surface skin buckle near WSTA 60 near the boom. The cracks on this airplane match those found from both previously referenced incidents. In all reported cases, the skin cracks occurred in the wing skin under and just outboard of the wing tank access cover. However, the location of the cracks on this aircraft was at WSTA 177, further outboard than the previously noted airplanes, because this airplane had additional extended range fuel tanks. Further inspection revealed additional damage on the airplane that appeared to be a result of the installation of the wing extension modification. There was damage to the left and right WSTA 222 ribs, which had been torn, from the aft lightening hole to the lower surface and was bent down to allow installation of the wing extension fuel line. The fuel line appeared to be chafing on the torn metal. Also, extra holes drilled through the spar cap were found at several span-wise locations that were consistent with the stall fence attachments. These holes had been tapped (threaded) and were left open with no fastener installed. One of the holes was located so close to the edge of the spar cap, it was breaking out of the edge and was also located immediately adjacent to a fastener for the fuel tank access cover. Also found was the lack of nuts used for the wing extension attaching screws. It appeared that the holes in the substructure (skins, ribs, and spars) were tapped (threaded) to accept screws, rather than use nuts. Several access holes were also found cut into the lower surface of the skin that had no reinforcement. The FAA reviewed information from the accident investigation, a number of service difficulty reports (SDRs), and data submitted by Aviation Enterprises for demonstrating compliance to the airworthiness standards. Based on the investigation, the FAA determined that Aviation Enterprises may not have adequately substantiated the wing structure for the increased limit and ultimate loads resulting from the wing extension. We also determined that weight, airspeed, ballast, and “g” limit restrictions need to be placed on these airplanes to allow them to operate within the minimum margins of safety. These conditions, if not corrected, could result in structural failure of the wing, which could result in loss of control. FAA's Determination We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD requires inspecting the wings for internal and external damage, repairing any damage found, installing an operational limitation placard in the cockpit, and adding limitations to the flight manual supplement. The AD also requires reporting the results of the inspection to the FAA if damage is found. FAA's Justification and Determination of the Effective Date An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because cracks in the wings and potential for wing overload could result in structural failure of the wing, which could result in loss of control. Therefore, we find that notice and opportunity for prior public comment are impracticable and that good cause exists for making this amendment effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2010-1013 and Directorate Identifier 2010-CE-048-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those comments. We will post all comments we receive, without change, to *http://www.regulations.gov,* including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD. Costs of Compliance We estimate that this AD affects 12 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection of the wing for damage 20 work-hours × $85 per hour = $1,700 per inspection cycle Not applicable $1,700 per inspection cycle $20,400 per inspection cycle. Installing a placard in the cockpit 4 work-hours × $85 per hour = $340 Not applicable $340 $4,080. Modifying the Limitations section of the Aviation Enterprises Aircraft Flight Manual Supplement 4 work-hours × $85 per hour = $340 Not applicable $340 $4,080. We estimate the following costs to do any necessary repairs that will be required based on the results of the inspection. The cost for repair may vary from as little as replacing a bolt to as much as replacing a wing. We have no way of determining the number of aircraft that will need these repairs and the extent of the repair necessary. Below are estimates of some possible necessary repairs: On-Condition Costs Action Labor cost Parts cost Install reinforcements around wing access holes cutouts, 2 per hole, 6 holes per airplane 12 work-hours × $85 per hour = $1,020 $50. Replace upper outboard wing skins, 13 per side, 2 sides per airplane 26 work-hours × $85 per hour = $2,210 $100 per side × 2 sides = $200. Replace upper surface outboard stringers, 6 stringers per airplane 2 work-hours per stringer, 6 stringers per airplane = 12 work-hours × $85 per hour = $1,020 $100. Replace screws with aviation standard fasteners with nuts/collars in cleaned up holes, 20 screws per side, 2 sides per airplane 40 work-hours × $85 per hour = $3,400 $50. Spar repair (possible splice replacement and repairing 4 holes) 20 work-hours per repair per location × $85 per hour = $1,700 $100 per location. Repair torn WSTA 222 Rib 5 work-hours per side, 2 sides per airplane = 10 work-hours × $85 per hour = $850 $50. 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 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),

(3)Will not affect intrastate aviation in Alaska, and

(4)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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, 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 airworthiness directive (AD): **2010-21-18 Cessna Aircraft Company:** Amendment 39-16478; Docket No. FAA-2010-1013; Directorate Identifier 2010-CE-048-AD. Effective Date

(a)This AD is effective November 3, 2010. Affected ADs

(b)None. Applicability

(c)This AD applies to Cessna Aircraft Company (Cessna) Models 336, 337, 337A (USAF 02B), 337B, M337B (USAF 02A), T337B, 337C, T337C, 337D, T337D, 337E, T337E, 337F, T337F, 337G, T337G, 337H, P337H, T337H, T337H-SP, F 337E, FT337E, F 337F, FT337F, F 337G, FT337GP, F337H, and FT337HP airplanes, all serial numbers, that:

(1)Are certificated in any category; and

(2)Are or have ever been modified by Aviation Enterprises Supplemental Type Certificate

(STC)SA02055AT, SA02056AT, SA02307AT, or SA02308AT. Subject

(d)Joint Aircraft System Component (JASC)/Air Transport Association

(ATA)of America Code 57; Wings. Unsafe Condition

(e)This AD was prompted by a wing overload failure and by reports of cracks in the upper wing skins on certain Cessna airplanes that are now or have ever been modified by Aviation Enterprises STC SA02055AT, SA02056AT, SA02307AT, or SA02308AT. We are issuing this AD to detect and correct damage in the wings and to prevent overload failure of the wing due to the installation of the STCs. Damage in the wing or overload failure of the wing could result in structural failure of the wing, which could result in loss of control. Compliance

(f)Comply with this AD within the compliance times specified, unless already done. Required Actions

(g)Before further flight after November 3, 2010 (the effective date of this AD), do a general and focused inspection of the wing for internal and external damage from wing station

(WSTA)23 to the wing tip. Repetitively thereafter inspect every 100 hours time-in-service

(TIS)or every 12 calendar months, whichever occurs first, for as long as any of the STCs specified in paragraph

(c)of this AD are installed. If at any time the STCs are permanently removed, one final inspection is required following removal. Do the inspections following Appendix 1 of this AD.

(h)Anytime severe and/or extreme turbulence is encountered during flight, before the next flight, do a focused inspection of the wing for damage following steps 1, 2, 3, 4, 7, and 10 in Appendix 1 of this AD. Also inspect for signs of distress in the upper front spar in the area around WSTA 177. The definition of severe and extreme turbulence can be found in Table 7-1-9 of the FAA Aeronautical Information Manual (AIM). You may obtain a copy of the FAA AIM at *http://www.faa.gov/air_traffic/publications/atpubs/aim/.*

(i)For airplanes specified in paragraph

(c)of this AD that are modified by STC SA02055AT or SA02308AT (wing extensions with fuel provisions), before further flight after November 3, 2010 (the effective date of this AD), do the following:

(1)Incorporate the information from Appendix 2 of this AD into the Limitations section of the Aviation Enterprises Aircraft Manual Supplement.

(2)Fabricate a placard (using at least 1/8 -inch letters) with the following words and install the placard on the instrument panel within the pilot's clear view: “MTOW=4,700 LBS. MAINTAIN AT LEAST 12 GAL OF FUEL IN EACH WING TIP FOR AIRPLANE WEIGHTS ABOVE 3,300 LBS.”

(j)For airplanes specified in paragraph

(c)of this AD that are modified by STC SA02056AT or SA02307AT (wing extensions with no fuel provisions), before further flight after November 3, 2010 (the effective date of this AD), do the following:

(1)Incorporate the information from Appendix 3 of this AD into the Limitations section of the Aviation Enterprises Aircraft Manual Supplement.

(2)Fabricate a placard (using at least 1/8 -inch letters) with the following words and install the placard on the instrument panel within the pilot's clear view: “MTOW=4,000 LBS, MAX MANEUVER=2.5 G, Va=100 KCAS, Vno=105 KCAS, Vne=135 KCAS. OPERATION RESTRICTED TO VFR”

(k)Before further flight after each inspection required in paragraphs

(g)and

(h)of this AD where damage or signs of distress are found, repair all damaged and distressed parts following FAA Advisory Circular

(AC)43.13-1B. You may obtain a copy of AC 43.13-1B at *http://rgl.faa.gov/.*

(l)Within 10 days after each inspection required in paragraphs

(g)and

(h)of this AD in which damage or distress is found, send a report to the FAA at the address specified in paragraph

(o)of this AD. Include as much information as possible, including the “N” number, model number, serial number, list of STC modifications, TIS on the aircraft and wing extension, description of the damage (location, length, orientation, parts cracked, sketches, etc.), and if possible, pictures of the damage.

(m)For all airplanes specified in paragraph

(c)of this AD that have STC SA02055AT, SA02056AT, SA02307AT, or SA02308AT permanently removed, do one final inspection as specified in paragraph

(g)of this AD, take corrective actions as specified in paragraph

(k)of this AD, report the results as specified in paragraph

(l)of this AD, and remove the flight limitations specified in paragraphs

(i)and

(j)of the AD. No further action is required. Alternative Methods of Compliance (AMOCs) (n)(1) The Manager, FAA, Atlanta Aircraft Certification Office

(ACO)has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD.

(2)Before using any approved AMOC, notify your Principal Maintenance Inspector or Principal Avionics Inspector, as appropriate, or lacking a principal inspector, notify your local Flight Standards District Office. Related Information

(o)For more information about this AD, contact William O. Herderich, Aerospace Engineer, FAA, Atlanta Aircraft Certification Office (ACO), 1701 Columbia Avenue, College Park, Georgia 30337; *phone:*

(404)474-5547; *fax:*

(404)474-5605; *e-mail: William.O.Herderich@faa.gov.* Appendix 1 to AD 2010-21-18—General and Focused Inspection Procedures Perform a general and focused inspection of the wing for internal and external damage from wing station

(WSTA)23 to the wing tip. The general inspection must be performed in accordance with 14 CFR 43.15(c), using a checklist that includes at least the scope and detail of the items contained in Appendix D of 14 CFR part 43. The focused inspection must include the items listed below. Remove all wing access panels to conduct the inspections. Do theses inspections following the manufacturer's service information (Cessna Maintenance/Service Manuals) and any other appropriate guidance, such as FAA Advisory Circular

(AC)43.13-1B Acceptable Methods, Techniques, and Practices—Aircraft Inspection and Repair. AC 43.13-1B can be found at *http://rgl.faa.gov/.* Focused inspection items to look for:

(1)Wrinkles in upper wing skins, from the outboard edge on the fuel tank access covers (WSTA 150 or 177) to the WSTA 222 ( *See* View B, Figure 3).

(2)Wrinkles in the upper wing skins from WSTA 55 to 66, adjacent to the booms ( *See* View E, Figure 6).

(3)Cracking of the upper wing skins. Pay particular attention to any wrinkles, the radius between stiffeners at WSTA 150 (under fuel tank covers), and unreinforced access holes ( *See* View B, Figure 3).

(4)Working (smoking) rivets outboard of the wing tank access covers.

(5)Fasteners with less than two diameters edge distance.

(6)Fasteners with less than four diameters center to center spacing.

(7)Looseness of attachments of the tip extension to the wing and wing tip to wing extension when pushing up and down on the tip.

(8)Any signs of distress along both front and rear spars, particularly in the area around WSTA 177.

(9)Inspect under any repairs to the upper skins, particularly in the area just outboard of the fuel tank access covers as these may be covering up existing damage.

(10)Inter-rivet buckling of the stringers attached to the upper surface skin, outboard of the fuel tank access covers ( *See* View F, Figure 7).

(11)Inspect rib at WSTA 222 for damage. Trimming of the rib may have been done to allow installation of fuel lines ( *See* View A, Figure 2). Repair in accordance with AC 43.13-1B, Chapter 4, paragraph 4-58(g) and Figure 4-14, or by using another FAA-approved method that restores equivalent strength of the wing rib. Appendix 1 to AD 2010-21-18—General and Focused Inspection Procedures (Continued)

(1)Inspect and identify screws, installed in tapped (threaded) holes in metal substructure, used to attach wing tips, stall fences, fuel and electrical components, and access doors. For tapped holes, remove fastener and open up the diameter to provide a smooth bore hole, for the smallest oversize fastener, using close tolerance holes noted in AC 43.13-1B, paragraph 7-39 or other FAA-approved scheme. Maintain minimum 2 x fastener diameter edge distance and 4 x fastener diameter center to center spacing. Select and install new, equivalent strength or stronger, fasteners with nuts/collars in accordance with AC 43.13-1B, Chapter 7 and AC 43.13-2B, paragraph 108 or other FAA-approved repair. New fasteners must not have threads in bearing against the sides of the holes.

(2)Inspect wing skins for unreinforced cutouts. ( *See* View C, Figure 4).

(3)Inspect the upper spar cap horizontal flanges for open holes ( *See* View D, Figure 5). BILLING CODE 4910-13-P ER19OC10.017 ER19OC10.018 ER19OC10.019 ER19OC10.020 ER19OC10.021 ER19OC10.022 BILLING CODE 4910-13-C Appendix 2 to AD 2010-21-18—Airworthiness Limitations for the Aviation Enterprises Aircraft Manual Supplement

(1)Limit the airplane MTOW to 4,700 LBS.

(2)For airplane weights above 3,300 LBS, at least 12 gallons of fuel must be maintained in each wing tip. Appendix 3 to AD 2010-21-18—Airworthiness Limitations for the Aviation Enterprises Aircraft Manual Supplement

(1)Limit the MTOW to 4,000 LBS.

(2)Limit the max maneuver to 2.5 G.

(3)Limit Va to 100 KCAS.

(4)Vno to 105 KCAS.

(5)Limit Vne to 135 KCAS.

(6)Limit operation to VFR only. Issued in Kansas City, Missouri, on October 4, 2010. Christina L. Marsh, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010-25434 Filed 10-18-10; 8:45 am]

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