31282 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations 

at Council meetings from seven to nine 

members. 

Nominations and appointments to the 

Council are conducted pursuant to 

sections 1218.40, 1218.41, and 1218.42 

of the Order. Appointments to the 

Council are made by the Secretary from 

a slate of nominated candidates. 

Pursuant to section 1218.41(d) of the 

Order, nominations for the importer, 

exporter, handler, and public member 

positions are made by the Council. 

Nominations are submitted to the 

Secretary for appointment to the 

Council. 

A twenty-day comment period was 

provided to allow interested persons to 

respond to the proposal which was 

published in the Federal Register on 

March 17, 2010 [75 FR 12707]. Copies 

of the rule were made available through 

the Internet by the Department and the 

Office of the Federal Register. The 

comment period ended April 6, 2010. 

No comments were received by the 

deadline. 

After consideration of all relevant 

material presented, the Council’s 

recommendation, and other 

information, it is hereby found that this 

rule is consistent with and will 

effectuate the purpose of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found that good cause exits for not 

postponing the effective date of this 

action until one day after publication in 

the Federal Register because the 

Council’s term of office begins January 

1, 2011, and this rule will allow the 

upcoming nominations and 

appointments to be conducted in a 

timely manner for the new members to 

be appointed to the Council so they can 

begin serving during the next term of 

office. 

List of Subjects in 7 CFR Part 1218 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Blueberry promotion, Reporting and 

recordkeeping requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 1218 is amended 

as follows: 

PART 1218—BLUEBERRY 

PROMOTION, RESEARCH, AND 

INFORMATION ORDER 

■ 1. The authority citation for 7 CFR 

part 1218 continues to read as follows: 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

■ 2. In § 1218.40, paragraph (a) 

introductory text and paragraph (a)(3) 

are revised to read as follows: 

§ 1218.40 Establishment and membership. 

(a) Establishment of the U.S. 

Highbush Blueberry Council. There is 

hereby established a U.S. Highbush 

Blueberry Council, hereinafter called 

the Council, composed of no more than 

16 members and alternates, appointed 

by the Secretary from nominations as 

follows: 

* * * * * 

(3) Three importers and alternates. 

* * * * * 

■ 3. Section 1218.45 paragraph (a) is 

revised to read as follows: 

§ 1218.45 Procedure. 

(a) At a Council meeting, it will be 

considered a quorum when a minimum 

of nine members, or their alternates 

serving in the absence, are present. 

* * * * * 

Dated: May 27, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–13346 Filed 6–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22919; Directorate 

Identifier 2005–NM–087–AD; Amendment 

39–14582; AD 2006–09–11] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A319–100, A320–200, A321–100, and 

A321–200 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting a 

typographical error in an existing 

airworthiness directive (AD) that was 

published in the Federal Register on 

May 12, 2006. The error resulted in an 

incorrect component maintenance 

manual number. This AD applies to 

certain Airbus Model A319–100, A320– 

200, A321–100, and A321–200 series 

airplanes. This AD requires repetitive 

inspections for corrosion in the inside 

and outside lower walls of each type A, 

D, E, and F lavatory wall that has at least 

one wall-mounted cabin attendant seat, 

and related investigative and corrective 

actions if necessary. 

DATES: This correction is effective June 

3, 2010. The effective date of AD 2006– 

09–11 remains June 16, 2006. 

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 (telephone 800–647–5527) 

is the 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: Tim 

Dulin, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2141; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: On April 

26, 2006, the FAA issued AD 2006–09– 

11, Amendment 39–14582 (71 FR 

27595, May 12, 2006), for certain Airbus 

Model A319–100, A320–200, A321–100, 

and A321–200 series airplanes. The AD 

requires repetitive inspections for 

corrosion in the inside and outside 

lower walls of each type A, D, E, and F 

lavatory wall that has at least one wallmounted cabin attendant seat, and 

related investigative and corrective 

actions if necessary. 

As published, paragraphs (h)(1)(iii) 

and (h)(2)(ii) of the AD specifies in error 

Airbus Component Maintenance 

Manual Lavatory E 25–41–52. Airbus 

Component Maintenance Manual 

Lavatory E 25–41–52 does not exist. The 

correct Airbus Component Maintenance 

Manual Lavatory E is 25–43–52. 

No other part of the regulatory 

information has been changed; 

therefore, the final rule is not 

republished in the Federal Register. 

The effective date of this AD remains 

June 16, 2006. 

§ 39.13 [Corrected] 

In the Federal Register of May 12, 

2006, on page 27597, in the third 

column, paragraph (h)(1)(iii) of AD 

2006–09–11 is corrected to read as 

follows: 

* * * * * 

(iii) Airbus CMM Lavatory E 25–43– 

52. 

* * * * * 

In the Federal Register of May 12, 

2006, on page 27597, in the third 

column, paragraph (h)(2)(ii) of AD 

2006–09–11 is corrected to read as 

follows: 

* * * * * 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Rules and Regulations 31283 

(ii) For lavatories D and E: Airbus 

Service Bulletin A320–25–1365, dated 

February 18, 2005, references Airbus 

CMM Lavatory D 25–43–51; and Airbus 

CMM Lavatory E 25–43–52, as 

applicable, as an additional source of 

guidance for doing the replacement. 

* * * * * 

Issued in Renton, Washington, on May 25, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–13231 Filed 6–2–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 65 

[Docket No. FAA–2007–28518, Amendment 

No. 65–54] 

RIN 2120–AJ08 

Clarification of Parachute Packing 

Authorization 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule (immediately 

adopted). 

SUMMARY: This action amends the 

requirements for individuals who pack, 

maintain, or alter main parachutes of a 

dual-parachute system—those with 

main and ‘‘back up’’ parachutes—to be 

used for parachute jumping in 

connection with civil aircraft of the 

United States. It expressly limits the 

authority of a non-certificated person 

who is not under the supervision of an 

appropriate current certificated 

parachute rigger to only pack the main 

parachute of a dual-parachute system 

when that person will be the next 

jumper to use the parachute. This action 

is intended to correct a potentially 

unsafe condition of parachute 

operations created by changes to the 

2001 revision of the current rule. 

DATES: This action is effective June 3, 

2010. For more information on the 

rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register (see 

65 FR 19477–78, April 11, 2000), or you 

may visit http://DocketsInfo.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Kim 

Barnette, Aircraft Maintenance Division, 

AFS–300, Federal Aviation 

Administration, 950 L’Enfant Plaza 

North, SW., Washington, DC 20024; 

telephone (202) 385–6403; facsimile 

(202) 385–6474, e-mail 

kim.a.barnette@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

The FAA is issuing this rulemaking 

under the authority set forth in 49 

U.S.C. 44701(a)(2)(A). This regulation is 

within the scope of that authority 

because the Administrator is charged 

with promoting safe flight of civil 

aircraft by, among other things, 

prescribing regulations that the 

Administrator finds necessary for 

inspecting, servicing, and overhauling 

aircraft, aircraft engines, propellers and 

appliances. 

Background 

In 2001, the FAA amended Title 14, 

Code of Federal Regulations (14 CFR) 

§ 65.111, Certificate required (see 66 FR 

23543, May 9, 2001). The 2001 

amendment was intended to: (1) 

Incorporate tandem parachute 

operations into the rule; (2) specify that 

a non-certificated person could pack, 

maintain, or alter a main parachute only 

if the individual was under the 

supervision of an appropriate current 

certificated parachute rigger; and (3) 

clarify that a non-certificated person, 

not under the supervision noted above, 

could pack a main parachute of a dualparachute system, intended for tandem 

operation, only if that person was to be 

the next jumper to use that parachute. 

No other substantive changes to § 65.111 

were discussed in that rulemaking, nor 

were any other changes intended. 

In the 2001 amendment, however, the 

revised text of § 65.111(b) did not 

preserve the clarity of authority that 

existed in the prior rule regarding a noncertificated person. Before the 2001 

amendment, the authority of a noncertificated person (who was not under 

the supervision of an appropriate 

current certificated parachute rigger) 

was expressly limited to packing a main 

parachute of a dual-parachute system 

for personal use; maintenance or 

alteration was not authorized. The 

parachute industry raised concerns that 

the resulting authority language in the 

2001 amendment could be viewed as 

authorizing maintenance or alteration 

by non-certificated persons not under 

the supervision of an appropriate 

current certificated rigger. Those 

concerns pose significant safety 

concerns for the FAA and those 

regulated by § 65.111. Improperly 

performed maintenance or alteration 

could lead to parachute failure, which 

would have catastrophic results. 

Only certificated riggers, or persons 

under their supervision, have the 

requisite knowledge and skill to safely 

perform maintenance and alteration. 

The FAA does not intend that the 

regulation be interpreted to authorize 

maintenance and alteration by those not 

qualified, nor otherwise appropriately 

supervised. The FAA’s intention is 

clearly supported in other parachuterelated regulations (see 14 CFR 91.307, 

105.43(a), and 105.45(b)(1)). All of those 

regulations support the FAA’s position 

that in all but ‘‘next jumper’’ situations, 

parachute packing must be 

accomplished by or overseen by an 

appropriate current certificated 

parachute rigger. Further, none of those 

sections authorize maintenance or 

alteration of parachutes by noncertificated persons. 

The FAA is not aware of any 

unauthorized parachute maintenance or 

alteration performed as a result of any 

operators’ misunderstanding of the 

current rule. Nevertheless, we want to 

prevent any adverse consequences by 

ensuring that parachute operations are 

performed or overseen only by persons 

who know and understand the requisite 

techniques and practices. This rule 

clarifies that the FAA requires that a 

person must hold an appropriate current 

parachute rigger certificate or be under 

the supervision of an appropriate 

current certificated rigger to maintain or 

alter main parachutes. 

Availability of Rulemaking Documents 

You can get an electronic copy using 

the Internet by: 


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