Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Rules and Regulations 253 

the Tariff Act of 1930 and CBP 

regulations. Accordingly, these 

comments were not adopted. 

One commenter requested that added 

ingredients be included on the labels. 

The labeling of added ingredients was 

not included in the 2008 Farm Bill 

amendment. The U.S. Food and Drug 

Administration regulates the labeling of 

food products. (See 21 CFR 101.4.) 

Accordingly this comment was not 

adopted. 

One commenter requested that 

additional time be granted to allow 

domestic packers to exhaust current 

inventories of labels. The commenter 

stated that packers order labels in large 

quantities to effect cost savings and 

estimated that many domestic packers 

will need at least one year to use up 

current supplies and that an additional 

six months would be required for this 

stock to be sold from retailers’ shelves. 

The new rule also affects packers of 

domestic honey, who are now required 

to include country of origin on their 

labels; formerly, only imported product 

required a COOL declaration. 

As stated in the interim rule, the 

Department provided a 90-day period 

for packers to exhaust current 

inventories of labels. The Department 

believes this is a reasonable amount of 

time to allow packaged honey bearing 

any USDA mark or statement already in 

the chain of commerce to clear the 

system and allow the honey industry 

time to reconfigure labels as 

appropriate. Enforcement will be 

handled by AMS if it receives 

complaints. All complaints will be 

turned over to the AMS Compliance and 

Analysis Program (Compliance) who 

will investigate the alleged violation. 

Compliance will then determine the 

validity of the complaint and 

appropriate action to be taken. 

One commenter asked if the country 

of origin can be abbreviated on the label. 

AMS considers generic abbreviations as 

appropriate if they comply with CBP 

requirements. 

AMS has reviewed this rule pursuant 

to the Paperwork Reduction Act (44 

U.S.C. 3501–3520), and has determined 

that there are no additional information 

collection requirements imposed by this 

rule. 

List of Subjects in 7 CFR Part 52 

Food grades and standards, Food 

labeling, Honey, Miscellaneous 

products, Debarment of services, 

Reporting and recordkeeping 

requirements, Approved identification, 

Country of origin labeling, and 

Prohibited uses of approved 

identification. 

■ For the reasons set forth in the 

preamble, 7 CFR part 52 is amended as 

follows: 

PART 52—PROCESSED FRUITS AND 

VEGETABLES, PROCESSED 

PRODUCTS THEREOF, AND CERTAIN 

OTHER PROCESSED FOOD 

PRODUCTS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

■ 2. Section 52.54 is revised to read as 

follows: 

§ 52.54 Debarment of services. 

(a) The following acts or practices, or 

the causing thereof, may be deemed 

sufficient cause for the debarment, by 

the Administrator, of any person, 

including any agents, officers, 

subsidiaries, or affiliates of such person, 

from any or all benefits of the Act for 

a specified period. The Rules of Practice 

Governing Formal Adjudicatory 

Proceedings Instituted by the Secretary 

Under Various Statutes set forth in 

§§ 1.130 through 1.151 of this title and 

the Supplemental Rules of Practice in 

part 50 of this chapter shall be 

applicable to such debarment action. 

(1) Fraud or misrepresentation. Any 

misrepresentation or deceptive or 

fraudulent practice or act found to be 

made or committed in connection with: 

(i) The making or filing of an 

application for any inspection service; 

(ii) The submission of samples for 

inspection; 

(iii) The use of any inspection report 

or any inspection certificate, or appeal 

inspection certificate issued under the 

regulations in this part; 

(iv) The use of the words ‘‘Packed 

under continuous inspection of the U.S. 

Department of Agriculture,’’ any legend 

signifying that the product has been 

officially inspected, any statement of 

grade or words of similar import in the 

labeling or advertising of any processed 

product; 

(v) The use of a facsimile form which 

simulates in whole or in part any 

official U.S. certificate for the purpose 

of purporting to evidence the U.S. grade 

of any processed product. 

(2) Willful violation of the regulations 

in this subpart. Willful violation of the 

provisions of this part of the Act. 

(i) Country of origin labeling for 

packed honey. The use of a label or 

advertising material on, or in 

conjunction with, packaged honey that 

bears any official certificate of quality, 

grade mark or statement, continuous 

inspection mark or statement, sampling 

mark or statement, or any combination 

of the certificates, marks, or statements 

of the Department of Agriculture is 

hereby prohibited unless there appears 

legibly and permanently in close 

proximity (such as on the same side(s) 

or surface(s)) to the certificate, mark, or 

statement, and in at least a comparable 

size, the one or more names of the one 

or more countries of origin of the lot or 

container of honey, preceded by the 

words ‘Product of’ or other words of 

similar meaning. 

(A) A violation of the requirements of 

this section may be deemed by the 

Secretary to be sufficient cause for 

debarment from the benefits of the 

regulations governing inspection and 

certification only with respect to honey. 

(3) Interfering with an inspector, 

inspector’s aid, or licensed sampler. 

Any interference with, obstruction of, or 

attempted interference with, or 

attempted obstruction of any inspector, 

inspector’s aide, or licensed sampler in 

the performance of his duties by 

intimidation, threat, assault, bribery, or 

any other means—real or imagined. 

Dated: December 22, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–33137 Filed 1–3–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1286; Directorate 

Identifier 2010–CE–064–AD; Amendment 

39–16563; AD 86–25–07 R1] 

RIN 2120–AA64 

Airworthiness Directives; ROLLADENSCHNEIDER Flugzeugbau GmbH 

Model LS6 Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are rescinding an existing 

airworthiness directive (AD) for the 

products listed above. The existing AD 

resulted from mandatory continuing 

airworthiness information (MCAI) 

issued 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: 

During flights at speeds between 250 to 270 

km/h (135 to 145 kts) aileron flutter occurred 

resulting in damage of control stick 

attachment. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
254 Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Rules and Regulations 

Since issuance of that AD, we have 

determined that the AD is not 

applicable because the Model LS6 is not 

type certificated in the United States. 

DATES: This AD is effective January 19, 

2011. 

We must receive comments on this 

AD by February 18, 2011. 

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: Jim 

Rutherford, Aerospace Engineer, Small 

Airplane Directorate, FAA, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

phone: (816) 329–4165; fax: (816) 329– 

4090; e-mail: jim.rutherford@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

In 1986, we issued AD 86–25–07, 

Amendment 39–5487 (51 FR 44901, 

December 15, 1986). That AD required 

actions intended to address an unsafe 

condition on the products listed above. 

Since we issued AD 86–25–07, we have 

determined that the AD is not 

applicable because the only version of 

the Model LS6 type certificated in the 

United States is the Model LS6-c. Since 

the Model LS6 is not type certificated in 

the United States, there are no airplanes 

affected by that AD. We have also 

determined that the unsafe condition 

does not exist in the Model LS6-c 

gliders. 

FAA’s Determination 

We are issuing this AD rescission 

because we evaluated all the relevant 

information and determined the existing 

AD is not applicable to the Model LS6 

glider, and the unsafe condition 

described previously is not likely to 

exist or develop in the Model LS6-c 

gliders type design. 

FAA’s Justification and Determination 

of the Effective Date 

AD 86–25–07 is not applicable to the 

Model LS6 because it is not type 

certificated in the United States. 

Therefore, we find that notice and 

opportunity for prior public comment 

are unnecessary and that good cause 

exists for making this amendment 

effective in less than 30 days. 

Comments Invited 

Although this is a final rule that was 

not preceded by notice and an 

opportunity for public comment, we 

invite you to submit any written 

relevant data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include the docket 

number FAA–2010–1286 and 

Directorate Identifier 2010–CE–064–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. 

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 

rescinding AD 86–25–07, Amendment 

39–5487 (51 FR 44901, December 15, 

1986): 

86–25–07 R1 ROLLADEN-SCHNEIDER 

Flugzeugbau GmbH: Amendment 39– 

16563; Docket No. FAA–2010–1286; 

Directorate Identifier 2010–CE–064–AD. 

Effective Date 

(a) This AD is effective January 19, 2011. 

Affected ADs 

(b) This AD rescinds AD 86–25–07. 

Applicability 

(c) This AD rescission applies to Model 

LS6 gliders, all serial numbers, that are 

certified in any category. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 27, Flight Controls. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Rules and Regulations 255 

1See e.g., rule 204–3 [17 CFR 275.204–3], which 

requires registered advisers to deliver brochures 

and brochure supplements. 

2Amendments to Form ADV, Investment 

Advisers Act Rel. No. 3060 (July 28, 2010) [75 FR 

49234 (Aug. 12, 2010)]. 

Issued in Kansas City, Missouri, on 

December 21, 2010. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–32798 Filed 1–3–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0829; Directorate 

Identifier 2010–NE–23–AD; Amendment 39– 

16524; AD 2010–24–05] 

RIN 2120–AA64 

Airworthiness Directives; Pratt & 

Whitney Canada Corp. (P&WC) 

PW305A and PW305B Turbofan 

Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to the products listed above. 

The agency docket No. and the engine 

type in the subject heading and 

paragraph (c) in the Summary section 

and the Regulatory text are incorrect. 

This document corrects that error. In all 

other respects, the original document 

remains the same. 

DATES: This final rule is effective 

January 3, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, 12 

New England Executive Park, 

Burlington, MA 01803; phone: (781) 

238–7176; fax: (781) 238–7199; e-mail: 

james.lawrence@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Airworthiness Directive 2010–24–05, 

amendment 39–16524 (75 FR 72653, 

November 26, 2010), currently requires 

updating the airworthiness limitations 

section of the engine maintenance 

manuals for Pratt & Whitney Canada 

(P&WC) PW305A and PW305B turbofan 

engines. 

As published, the agency docket No. 

in the Summary section and the engine 

type in the Summary section and in the 

Regulatory text are incorrect. 

No other part of the preamble or 

regulatory information has been 

changed; therefore, only the changed 

portion of the final rule is being 

published in the Federal Register. 

The effective date of this AD remains 

January 3, 2011. 

Correction of Non-Regulatory Text 

In the Federal Register of November 

26, 2010, AD 2010–24–05; Amendment 

39–16524 is corrected as follows: 

On page 72653, in the third column, 

on line 19 under 14 CFR Part 39, change 

‘‘Docket No. FAA–2010–0892’’ to 

‘‘Docket No. FAA–2010–0829’’. 

On page 72653, in the third column, 

on line 25 under 14 CFR Part 39, change 

‘‘PW305A and PW305B Turboprop’’ to 

‘‘PW305A and PW305B Turbofan’’. 

Correction of Regulatory Text 

§ 39.13 [Corrected] 

■ In the Federal Register of November 

26, 2010, on page 72655, in the first 

column, paragraph (c) of AD 2010–24– 

05 is corrected to read as follows: 

* * * * * 

(c) This AD applies to Pratt & Whitney 

Canada Corp. (P&WC) PW305A and PW305B 

turbofan engines with certain impellers, part 

numbers (P/Ns) 30B2185, 30B2486, 

30B2858–01, or 30B4565–01 installed. These 

engines are installed on, but not limited to, 

Hawker-Beech Corporation BAe.125 series 

1000A, 1000B, and Hawker 1000 airplanes 

and Learjet Inc. Learjet 60 airplanes. 

* * * * * 

Issued in Burlington, Massachusetts, on 

December 22, 2010. 

Peter A. White, 

Assistant Manager, Engine & Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–33171 Filed 1–3–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 275 and 279 

[Release No. IA–3129; File No. S7–10–00] 

RIN 3235–AI17 

Amendments To Form ADV; Extension 

of Compliance Date 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; extension of 

compliance date. 

SUMMARY: The Securities and Exchange 

Commission is extending the 

compliance date for Part 2B of Form 

ADV, the brochure supplement, and for 

certain rule provisions that relate to the 

delivery of brochure supplements. The 

Commission is extending the 

compliance date generally for four 

months to provide certain investment 

advisers additional time to design, test 

and implement systems and controls to 

satisfy their obligations to prepare and 

deliver brochure supplements. 

DATES: The effective date for 

amendments to Part 2 of Form ADV and 

related rules under the Advisers Act 

remains October 12, 2010. The 

compliance date for Form ADV, Part 2B 

and the provisions of rule 204–3 

concerning the delivery of brochure 

supplements is extended generally for 

four months as described in the 

SUPPLEMENTARY INFORMATION section. 

FOR FURTHER INFORMATION CONTACT: 

Vivien Liu, Senior Counsel, or Daniel 

Kahl, Branch Chief, at (202) 551–6787 or 

IArules@sec.gov, Office of Investment 

Adviser Regulation, Division of 

Investment Management, U.S. Securities 

and Exchange Commission, 100 F 

Street, NE., Washington, DC 20549– 

8549. 

SUPPLEMENTARY INFORMATION: On July 

28, 2010, the Commission adopted 

amendments to Part 2 of Form ADV [17 

CFR 279.1], and related rules under the 

Investment Advisers Act of 1940 [15 

U.S.C. 80b] (‘‘Advisers Act’’),1 to require 

registered investment advisers to 

provide clients with a brochure and 

brochure supplements written in plain 

English (‘‘Adopting Release’’).2 The 

brochure contains information about the 

advisory firm, whereas the brochure 

supplement contains information about 

the advisory personnel on whom clients 

rely for investment advice. 

When we adopted amendments to 

Form ADV last July, we established two 

separate compliance dates for delivering 

brochure supplements. New investment 

adviser registrants, i.e., those that apply 

for registration on or after January 1, 

2011, would begin providing brochure 

supplements to clients upon registering. 

Existing investment adviser registrants 

would provide brochure supplements to 

new and prospective clients upon filing 

their annual updating amendment to 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1