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

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; ROLLADEN SCHNEIDER 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.


### 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.


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

1 See e.g., rule 204–3 [17 CFR 275.204–3], which requires registered advisers to deliver brochures and brochure supplements.

2 Amendments 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