22712 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

BAE Systems (Operations) Limited: Docket 

No. FAA–2010–0434; Directorate 

Identifier 2009–NM–221–AD. 

Comments Due Date 

(a) We must receive comments by June 14, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to BAE Systems 

(Operations) Limited Model BAe 146–100A 

and –200A series airplanes, certificated in 

any category, serial numbers as listed in 

British Aerospace 146 Modification Service 

Bulletin 27–73–00889A&B, Revision 4, dated 

June 15, 1990. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The operation of the airbrake lever in the 

‘‘airbrakes out’’ to ‘‘lift spoiler’’ range has been 

the subject of two occurrence reports. The lift 

spoilers on the BAe 146 and Avro 146–RJ 

aeroplanes have been designed to deploy on 

landing to provide aerodynamic braking and 

to dump lift to ensure that the wheel brakes 

can provide the necessary speed reduction. 

A review of the changing operational 

profile of the aeroplane type concluded that 

its proven short field performance has 

increasingly been exploited in recent years 

by a number of operators worldwide. 

Frequently, these short field operations are 

conducted from airports that are located in 

mountainous terrain or in close proximity to 

bodies of water, leaving fewer margins for 

error, e.g. landing long or at (too) high speed. 

The effects of deceleration and landing 

inertia loads can cause uncommanded 

movement of the airbrake selector lever from 

the ‘‘lift spoiler’’ position to the ‘‘airbrakes 

out’’ position, causing the lift spoilers to 

retract during the landing roll. This 

condition, if not corrected, would increase 

the landing distance, possibly resulting in a 

runway overrun and consequent injury to 

aeroplane occupants. 

On certain BAe 146 aeroplanes, without 

modifications HCM00889A and B or 

modifications HCM00889A and C 

incorporated, negligible force is required to 

move the airbrake lever back to the ‘‘airbrakes 

out’’ position. From 1988 onwards, 

modifications were introduced on the 

production line to incorporate a modified 

friction baulking device such that a force of 

12 lbs must be applied to move the airbrake 

lever from the ‘‘lift spoiler’’ position to the 

‘‘airbrakes out’’ position. These modifications 

were also made available as an optional inservice retrofit. 

For the reasons described above, this AD 

requires the modification of the airbrake 

lever detent mechanism. 

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) Do the following actions. 

(1) Within 12 months after the effective 

date of this AD, modify the airbrake lever 

detent mechanism, in accordance with the 

Accomplishment Instructions of British 

Aerospace 146 Modification Service Bulletin 

27–73–00889A&B, Revision 4, dated June 15, 

1990. 

(2) Modifying the airbrake lever detent 

mechanism is also acceptable for compliance 

with paragraph (g)(1) of this AD, if done 

before the effective date of this AD in 

accordance with the Accomplishment 

Instructions of British Aerospace 146 

Modification Service Bulletin 27–73– 

00889A&B, Revision 3, dated August 1, 1989. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: While 

European Aviation Safety Agency (EASA) AD 

2009–0206, dated September 30, 2009, 

considers Revision 0, 1, or 2 of British 

Aerospace 146 Modification Service Bulletin 

27–73–00889A&B as an acceptable method of 

compliance, this AD does not. However, 

operators may request for approval of an 

alternative method of compliance in 

accordance with the procedures specified in 

paragraph (h)(1) of this AD. 

Other FAA AD Provisions 

(h) 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. 

Send information to ATTN: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards 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. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to MCAI EASA Airworthiness 

Directive 2009–0206, dated September 30, 

2009; and British Aerospace 146 

Modification Service Bulletin 27–73– 

00889A&B, Revision 4, dated June 15, 1990; 

for related information. 

Issued in Renton, Washington, on April 23, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–10111 Filed 4–29–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0406; Airspace 

Docket No. 10–ASW–8] 

Proposed Establishment of Class D 

Airspace; San Marcos, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class D airspace at San 

Marcos, TX. Establishment of an air 

traffic control tower has made 

controlled airspace necessary at San 

Marcos Municipal Airport. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rules (IFR) operations for the airport. 

DATES: 0901 UTC. Comments must be 

received on or before June 14, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2010– 

0406/Airspace Docket No. 10–ASW–8, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

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

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 22713 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2010–0406/Airspace 

Docket No. 10–ASW–8.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Central Service Center, 2601 Meacham 

Blvd., Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by establishing Class D 

airspace at San Marcos Municipal 

Airport, San Marcos, TX. An air traffic 

control tower established at the airport 

has made controlled airspace necessary 

for the safety and management of IFR 

operations. 

Class D airspace areas are published 

in Paragraph 5000 of FAA Order 

7400.9T, signed August 27, 2009 and 

effective September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Class D airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (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); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

establish controlled airspace at San 

Marcos Municipal Airport, San Marcos, 

TX. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AGL TX D San Marcos Municipal Airport, 

TX [New] 

San Marcos Municipal Airport, TX 

(Lat. 29°53′34′′ N., long. 97°51′47′′ W.) 

That airspace extending upward from the 

surface to and including 3,100 feet MSL 

within a 4.2-mile radius of San Marcos 

Municipal Airport, and within 1 mile each 

side of the 313° bearing from the airport 

extending from the 4.2-mile radius to 4.6 

miles northwest of the airport. This Class D 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective dates and 

times will thereafter be continuously 

published in the Airport/Facility Directory. 

Issued in Fort Worth, TX on April 19, 

2010. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2010–10039 Filed 4–29–10; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1 

[Docket No. FDA–2010–N–0013] 

RIN 0910–AG52 

Implementation of Sanitary Food 

Transportation Act of 2005 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Food and Drug 

Administration (FDA) is issuing an 

advance notice of proposed rulemaking 

(ANPRM) to request data and 

information on the food transportation 

industry and its practices. FDA also is 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1