Unknown. Final rule

4,588 words·~21 min read·/register/2011/09/09/2011-21622

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-2011-09-09.xml --- 76 175 Friday, September 9, 2011 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Foreign Agricultural Service Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 55871 2011-23212 2011-23222 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 55915 2011-22789 Requests for Nominations of Candidates to Serve: Breast and Cervical Cancer Early Detection and Control Advisory Committee, 55915-55916 2011-23122 Requirements and Registration for Are You Prepared Video Contest, 55916-55917 2011-23068 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55917 2011-23118 Medicare Programs: Closure of St.

Vincent's Medical Center; Extension of Deadline for Submission of Applications, 55917-55918 2011-23120 Civil Rights Civil Rights Commission NOTICES Meetings: Louisiana Advisory Committee, 55871-55872 2011-23063 New Mexico Advisory Committee, 55872 2011-23064 Coast Guard Coast Guard RULES Safety Zones: TriRock Triathlon, San Diego Bay, San Diego, CA, 55796-55798 2011-23260 PROPOSED RULES Inspection of Towing Vessels: Public Meetings; Request for Comments, 55847-55849 2011-23053 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 55882-55883 2011-23107 2011-23108 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: List of Office of Thrift Supervision Information Collections Transferred to Other Agencies, 56005-56007 2011-23124 Defense Department Defense Department See Engineers Corps PROPOSED RULES Federal Acquisition Regulations: Constitutionality of Federal Contracting Programs for Minority-Owned and Other Small Businesses, 55849-55858 2011-22944 NOTICES Program for Construction, Renovation, Repair or Expansion of Public Schools Located on Military Installations, 55883-55886 2011-23065 Transportation Infrastructure Improvements Associated with Medical Facilities;

Selection Criteria, 55886-55887 2011-23041 Education Education Department NOTICES Implementation Grant Competitions and Planning Grant Competitions; Reopening: Promise Neighborhoods Program, 55889-55890 2011-23121 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission PROPOSED RULES Liquid-Immersed and Medium-Voltage Dry Type Transformers: Negotiated Rulemaking Subcommittee; Meeting, 55834-55835 2011-22457 NOTICES Environmental Impact Statements;

Availability, etc.: Ancillary Facilities for the Richton Site of the Strategic Petroleum Reserve; Cancellation, 55890 2011-23087 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Nationwide Categorical Waivers of Buy American Requirements of Section 1605 of Recovery Act, 55890-55892 2011-23076 Nationwide Limited Public Interest Waivers of Buy American Requirements of Section 1605 of Recovery Act, 55892-55893 2011-23079 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Highway Between Bush, LA and I-12 in St. Tammany Parish, LA, 55887-55889 2011-23085 Environmental Protection Environmental Protection Agency RULES Approvals of Clean Air Act Prevention of Significant Deterioration Permits: Avenal Power Center, LLC to Construct Avenal Energy Project, 55799 2011-22834 Pesticide Tolerances for Emergency Exemptions: Mandipropamid, 55799-55804 2011-22983 Pesticide Tolerances: 2,4-D, 55814-55817 2011-22984 Dicamba, 55804-55807 2011-23159 Novaluron, 55807-55814 2011-22981 PROPOSED RULES Hazardous Waste Management Systems;

Identification and Listing of Hazardous Waste: Carbon Dioxide

(CO2)Streams in Geologic Sequestration Activities, 55846-55847 2011-23156 Mandatory Reporting of Greenhouse Gases: Revisions to the Electronics Manufacturing and the Petroleum and Natural Gas Systems Categories, 56010-56051 2011-21725 Partial Approvals and Partial Disapprovals of Air Quality Implementation Plans: California; San Joaquin Valley; Reasonably Available Control Technology for Ozone, 55842-55846 2011-23151 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requirements for Control Technology Determinations for Constructed and Reconstructed Major Sources of Hazardous Air Pollutants, 55905-55907 2011-23138 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 55907-55908 2011-23143 Underground Injection Control Program; Hazardous Waste Injection Restrictions: Petition for Exemption - Class I Hazardous Waste Injection, Great Lakes Chemical Corp., El Dorado, AR, 55908 2011-23146 Executive Office of the President See Presidential Documents Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 55908-55909 2011-23039 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Model DHC-8-400 Series Airplanes, 55785-55788 2011-22277 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 55781-55783 2011-21622 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190 Airplanes, 55783-55785 2011-22028 NOTICES Passenger Facility Charge Approvals and Disapprovals, 56001-56002 2011-22891 Federal Communications Federal Communications Commission RULES Broadcast Applications and Proceedings: Fairness Doctrine and Digital Broadcast Television Redistribution Control, 55817-55819 2011-23010 Federal Emergency Federal Emergency Management Agency NOTICES Emergency Declarations: New York; Amendment No. 1, 55931-55932 2011-23024 North Carolina; Amendment No. 1, 55932 2011-23027 Virginia; Amendment No. 1, 55931 2011-23026 Meetings: National Advisory Council, 55932-55933 2011-23048 Federal Energy Federal Energy Regulatory Commission NOTICES Applications, etc.: Crane and Co., 55893-55894 2011-23017 Combined Filings, 55894-55902 2011-23080 2011-23081 2011-23082 2011-23083 2011-23084 Filings: ECOP Gas Co., LLC, 55902 2011-23019 Intents to File License Applications, etc.: Barren River Lake Hydro LLC, 55902 2011-23016 Rate Elections: UGI Central Penn Gas, Inc., 55903 2011-23018 Terminations of Exemptions by Implied Surrender and Soliciting Comments, Protests, and Motions to Intervene: Michael J. Donahue, 55904-55905 2011-23021 Missisquoi River Technologies, 55903-55904 2011-23022 Federal Maritime Federal Maritime Commission NOTICES Filings of Complaints and Assignments: CITGO Refining and Chemicals Co. L.P. v. Port of Corpus Christi Authority of Nueces County, TX, 55909 2011-23070 Ocean Transportation Intermediary Licenses; Applicants, 55909-55911 2011-23056 Ocean Transportation Intermediary Licenses; Reissuances, 55911-55912 2011-23059 Ocean Transportation Intermediary Licenses; Rescissions of Revocation Orders, 55912 2011-23057 Federal Railroad Federal Railroad Administration RULES Track Safety Standards: Concrete Crossties, 55819-55825 2011-23133 NOTICES Petitions for Waivers of Compliance, 56002-56003 2011-23126 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: List of Office of Thrift Supervision Information Collections Transferred to Other Agencies, 56005-56007 2011-23124 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 55912 2011-23274 Fish Fish and Wildlife Service RULES 2011-2012 Refuge-Specific Hunting and Sport Fishing Regulations, 56054-56090 2011-22752 NOTICES Environmental Impact Statements; Availability, etc.: Sheldon National Wildlife Refuge, Washoe and Humboldt Counties, NV, and Lake County, OR, 55937-55939 2011-23119 Food and Drug Food and Drug Administration PROPOSED RULES Non-Face-to-Face Sale and Distribution of Tobacco Products and Advertising, Promotion, and Marketing of Tobacco Products, 55835-55837 2011-23096 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55918-55919 2011-23105 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Draft Guidance for Industry; Submission of Warning Plans for Cigarettes and Smokeless Tobacco Products, 55923-55927 2011-23099 Filing Objections and Requests for a Hearing on a Regulation or Order, 55922-55923 2011-23106 MedWatch - Medical Products Reporting Program, 55919-55922 2011-23094 Draft Guidance for Industry; Availability: Dietary Supplements; New Dietary Ingredient Notifications and Related Issues, 55927 2011-23098 Draft Guidance for Staff; Availability: Demonstrating Substantial Equivalence of New Tobacco Product; Responses to Frequently Asked Questions, 55927-55928 2011-23100 Meetings: Health Professional Organizations; Conference, 55928 2011-23101 Food Safety Food Safety and Inspection Service NOTICES Meetings: National Advisory Committee on Meat and Poultry Inspection, 55867-55868 2011-23168 Foreign Agricultural Foreign Agricultural Service NOTICES Funding Availabilities: Applications for Food for Progress Program; Correction, 55868-55869 2011-23040 Inviting Applications for McGovern-Dole International Food for Education and Child Nutrition Program; Correction, 55869-55871 2011-23052 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations: Constitutionality of Federal Contracting Programs for Minority-Owned and Other Small Businesses, 55849-55858 2011-22944 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 55939 2011-23038 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Meetings: Health Information Technology Policy Committee, 55912-55913 2011-23050 Health Information Technology Policy Committee's Workgroup, 55914 2011-23049 Health Information Technology Standards Committee, 55913 2011-23042 Presidential Advisory Council on HIV/AIDS, 55912 2011-23031 Research Across Borders: Proceedings of International Research Panel of Presidential Commission for Study of Bioethical Issues; Request for Comments, 55914-55915 2011-23030 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 55933-55935 2011-22867 Single Family Loan Sales (SFLS 2011-3), 55936-55937 2011-23032 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service See Office of Natural Resources Revenue See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Preliminary Results and Partial Rescission of the Seventh Antidumping Duty Administrative Review: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 55872-55880 2011-23154 International Trade Com International Trade Commission NOTICES Determinations: Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software, 55944-55946 2011-23058 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Work Opportunity Tax Credit Program, 55946-55947 2011-23115 Intents to Award Sole Source (Cooperative Agreement): Industrial Relations Promotion Project, Phase II in Vietnam, 55947-55948 2011-23029 Meetings: Advisory Committee on Veterans Employment, Training and Employer Outreach, 55948 2011-23028 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Draft Bakersfield Resource Management Plan, California, 55941-55943 2011-22961 Lander Resource Management Plan Revision Project, Lander Field Office, Wyoming, 55939-55941 2011-22946 Meetings: North Slope Science Initiative - Science Technical Advisory Panel, 55943-55944 2011-23066 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations: Constitutionality of Federal Contracting Programs for Minority-Owned and Other Small Businesses, 55849-55858 2011-22944 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55950-55951 2011-23077 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Child Restraint Systems, 55825-55829 2011-23047 Electronic Stability Control Systems, 55829-55833 2011-23092 PROPOSED RULES Federal Motor Vehicle Safety Standards: Air Brake Systems, 55859-55865 2011-23043 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56003 2011-23075 National Institute National Institute of Standards and Technology NOTICES Performance Review Board Membership, 55880 2011-23117 National Institute National Institutes of Health NOTICES Meetings: Advisory Committee to Director, 55930 2011-23147 Center for Scientific Review, 55929-55931 2011-23091 2011-23095 National Institute of Mental Health, 55928-55929 2011-23093 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries Off West Coast States: Pacific Coast Groundfish Fishery Management Plan Secretarial Amendment 1; Availability, 55865-55866 2011-23125 National Park National Park Service PROPOSED RULES Off-Road Vehicle Management: Cape Hatteras National Seashore, 55840-55841 2011-23127 National Science National Science Foundation NOTICES Meetings: Committee on Equal Opportunities in Science and Engineering, 55951 2011-23069 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Methylene Chloride Standard, 55949-55950 2011-23055 Office of Natural Resources Revenue PROPOSED RULES Federal and Indian Coal Valuations: Public Workshops, 55837-55838 2011-23140 Revisions to Federal Oil and Gas Royalty Valuation Regulations, 55838-55839 2011-23104 Patent Patent and Trademark Office PROPOSED RULES Requirements for Specimens and for Affidavits or Declarations of Continued Use or Excusable Nonuse in Trademark Cases: Extension of Comment Period, 55841-55842 2011-23129 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recording Assignments, 55880-55882 2011-23078 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 55951-55953 2011-23023 2011-23044 Postal Service Postal Service RULES Outbound International Mailings of Lithium Batteries; Withdrawal, 55799 2011-23054 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Labor Day (Proc. 8707), 55779-55780 2011-23258 Securities Securities and Exchange Commission RULES Amendments to Include New Applicant Types on Form ID, 55788-55796 2011-22895 NOTICES Orders of Suspension of Trading: American Capital Partners Limited, Inc., American Educators Financial Corp., et al., 55953-55954 2011-23224 Astralis Ltd., Cavit Sciences, Inc., Crystal International Travel Group, Inc., and Tasker Products Corp., 55954 2011-23233 Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 55969-55976 2011-23045 Chicago Board Options Exchange, Inc., 55998-55999 2011-23036 ICE Clear Credit LLC, 55984-55986 2011-23073 Municipal Securities Rulemaking Board, 55976-55984, 55989-55995 2011-23046 2011-23103 NASDAQ OMX BX, Inc., 55986-55988 2011-23112 NASDAQ OMX PHLX LLC, 55995-55998 2011-23102 2011-23114 NASDAQ Stock Market LLC, 55954-55956, 55988-55989 2011-23034 2011-23113 NYSE Arca, Inc., 55956-55969 2011-23035 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55999-56001 2011-23061 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55944 2011-22948 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: CSX Transportation, Inc., Miami-Dade County, FL, 56004 2011-23071 Acquisition and Operation Exemptions: Mannheim Armitage Railway, LLC for Certain Trackage Rights of J. Emil Anderson and Son, Inc. in Melrose Park, Cook County, IL, 56004-56005 2011-23116 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency PROPOSED RULES Privacy Act of 1974; Proposed Implementations, 55839-55840 2011-22979 Separate Parts In This Issue Part II Environmental Protection Agency, 56010-56051 2011-21725 Part III Interior Department, Fish and Wildlife Service, 56054-56090 2011-22752 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. 76 175 Friday, September 9, 2011 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2010-1310; Directorate Identifier 2010-NM-067-AD; Amendment 39-16786; AD 2011-18-04] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 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: It has been reported during operational checks that some failures of the Escape Slide * * * installed on the forward passenger and service door have occurred which prevented the door from opening. * * * [T]his condition * * * could delay an emergency evacuation and increase the chance of injury to passengers and flight crew * * *. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective October 14, 2011. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 14, 2011. 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: Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2848; 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 January 13, 2011 (76 FR 2279). That NPRM proposed to correct an unsafe condition for the specified products. MCAI Brazilian Airworthiness Directive 2009-11-01 states: It has been reported during operational checks that some failures of the Escape Slide P/N [part number] 4A4030-2 and P/N 4A4030-4 installed on the forward passenger and service door have occurred which prevented the door from opening. Since this condition * * * could delay an emergency evacuation and increase the chance of injury to passengers and flight crew, a corrective action is required. MCAI Brazilian Airworthiness Directive 2009-08-02 states: It has been reported during operational checks some failures in the deployment of the Escape Slide P/N 104003-1 installed in the forward passenger and service door, preventing the door opening. Since this condition * * * could impede an emergency evacuation and increase the chance of injury to passengers and flight crew, a corrective action is required. The required actions include modifying the escape slides of the forward passenger and service doors, and doing borescope inspections for damage of the aspirator body and inlet cross valve. Corrective actions include replacing the aspirator body. 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 considered the comments received. Request To Delay the AD Goodrich requested that issuance of this AD be delayed until further notice pending completion of their ongoing investigations into the root cause of additional door stall events. The commenter anticipates that a reduced overhaul cycle might be required to mitigate future occurrences until a complete and final action is developed. We disagree with the request to delay the AD. To delay this action would be inappropriate, in light of the identified unsafe condition. We might consider additional rulemaking action, however, if we receive new information indicating the need to change the AD. We have not changed the AD in this regard. Request To Expand the Applicability of the AD EMBRAER requested that post-modification part number (P/N) 4A4030-5 for the ERJ 170, and P/N 104003-2 for the ERJ 190, be included in the Applicability, Actions, and Parts Installation paragraphs of the NPRM (paragraphs (c), (g), and

(i)respectively). The commenter made this request in response to reports of door stall caused by the forward escape slide of those part numbers post-modification using the version of the Goodrich service information cited in the NPRM. We disagree with the request to add the part numbers. While we are aware of the reports of door stall caused by the forward escape slides with those other parts that had been modified per the Goodrich service information cited in the NPRM, we understand that the root cause of the door stall is still under investigation, as mentioned by the previous commenter. Further, we choose to not delay issuance of the AD as mentioned previously, because the known unsafe condition exists on the part numbers specified in the NPRM. When that investigation is complete we might take further rulemaking action. We have not changed the AD in this regard. Conclusion We reviewed the available data, including the comments received, 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 about 236 products of U.S. registry. We also estimate that it will take about 12 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 $0 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 $240,720, or $1,020 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: **2011-18-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER):** Amendment 39-16786. Docket No. FAA-2010-1310; Directorate Identifier 2010-NM-067-AD. Effective Date

(a)This airworthiness directive

(AD)becomes effective October 14, 2011. Affected ADs

(b)None. Applicability

(c)This AD applies to Empresa Brasileira de Aeronautica S.A. (EMBRAER) airplanes as identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.

(1)Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes; equipped with Goodrich escape slides having part number (P/N) 4A4030-2 or P/N 4A4030-4.

(2)Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes; equipped with Goodrich escape slides having P/N 104003-1. Subject

(d)Air Transport Association

(ATA)of America Code 25: Equipment/furnishings. Reason

(e)The mandatory continuing airworthiness information

(MCAI)states: It has been reported during operational checks that some failures of the Escape Slide * * * installed on the forward passenger and service door have occurred which prevented the door from opening. * * * [T]his condition * * * could delay an emergency evacuation and increase the chance of injury to passengers and flight crew * * *. 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. Actions

(g)Within 18 months after the effective date of this AD, modify the forward escape slide and do a borescope inspection of the aspirator body and inlet cross valve, in accordance with the Accomplishment Instructions of the Goodrich alert service bulletin identified in paragraph (g)(1) or (g)(2) of this AD, as applicable. Do all applicable corrective actions before further flight.

(1)For any forward door escape slide having P/N 4A4030-2 or P/N 4A4030-4: Goodrich Alert Service Bulletin 4A4030-25A379, original, dated August 10, 2009.

(2)For any forward door escape slide having P/N 104003-1: Goodrich Alert Service Bulletin 104003-25A380, Revision 2, dated July 7, 2009. Credit for Actions Accomplished in Accordance With Previous Service Information

(h)Actions accomplished before the effective date of this AD in accordance with Goodrich Alert Service Bulletin 104003-25A380, Revision 1, dated April 15, 2009, are considered acceptable for compliance with the corresponding action specified in this AD. Parts Installation

(i)After 6 months from the effective date of this AD, no airplane may operate with the forward door escape slide having P/N 4A4030-2 or P/N 4A4030-4 (for Model ERJ 170 airplanes), or P/N 104003-1 (for Model ERJ 190 airplanes), on which 18 months or more has elapsed from the slide date of manufacture (for slides that have not been repacked) or the date of last slide repack (for slides that have been repacked). FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions

(j)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. 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 International Branch, send it to ATTN: Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone

(425)227-2848; fax

(425)227-1149. Information may be e-mailed to: *9-ANM-116-AMOC-REQUESTS@faa.gov* . Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(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. Related Information

(k)Refer to MCAI Brazilian Airworthiness Directive 2009-11-01, dated November 30, 2009; MCAI Brazilian Airworthiness Directive 2009-08-02, dated August 18, 2009; Goodrich Alert Service Bulletin 4A4030-25A379, original, dated August 10, 2009; and Goodrich Alert Service Bulletin 104003-25A380, Revision 2, dated July 7, 2009; for related information. Material Incorporated by Reference

(l)You must use Goodrich Alert Service Bulletin 4A4030-25A379, original, dated August 10, 2009; or Goodrich Alert Service Bulletin 104003-25A380, Revision 2, dated July 7, 2009; as applicable; to do the actions required by this AD, unless the AD specifies otherwise.

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

(2)For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227-901 São Jose dos Campos—SP—BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail *distrib@embraer.com.br* ; Internet: *http://www.flyembraer.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 August 12, 2011. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2011-21622 Filed 9-8-11; 8:45 am]

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