This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

7209 

Vol. 75, No. 32 

Thursday, February 18, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0811; Directorate 

Identifier 2008–NE–41–AD] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Corporation (RRC) AE 3007A Series 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

RRC AE 3007A series turbofan engines. 

This proposed AD would require 

removing or performing initial and 

repetitive eddy current inspections 

(ECIs) or surface wave ultrasonic testing 

(SWUT) inspections on high-pressure 

turbine (HPT) stage 2 wheels for cracks. 

This proposed AD also reduces the 

approved life limits of certain HPT stage 

2 wheels. This proposed AD results 

from reports of cracked HPT stage 2 

wheels. We are proposing this AD to 

prevent uncontained failure of the HPT 

stage 2 wheel and damage to the 

airplane. 

DATES: We must receive any comments 

on this proposed AD by March 22, 2010. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

You can get the service information 

identified in this proposed AD from 

Rolls-Royce Corporation, P.O. Box 420, 

Speed Code U15, Indianapolis, IN 

46206–0420, e-mail: 

indy.pubs.services@rolls-royce.com. 

FOR FURTHER INFORMATION CONTACT: Kyri 

Zaroyiannis, Aerospace Engineer, 

Chicago Aircraft Certification Office, 

Small Airplane Directorate, FAA, 2300 

E. Devon Ave., Des Plaines, IL 60018; 

e-mail: kyri.zaroyiannis@faa.gov; 

telephone (847) 294–7836; fax (847) 

294–7834. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send us any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. 

FAA–2009–0811; Directorate Identifier 

2008–NE–41–AD’’ in the subject line of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the proposed AD. We will 

consider all comments received by the 

closing date and may amend the 

proposed AD in light 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 with 

FAA personnel concerning this 

proposed AD. Using the search function 

of the Web site, anyone can find and 

read the comments in any of our 

dockets, including, if provided, the 

name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

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 this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

Discussion 

On September 8, 2008, we issued 

emergency AD 2008–19–51 that applied 

to RRC AE 3007A series turbofan 

engines. That AD required performing 

initial and repetitive eddy current 

inspections (ECIs) on HPT stage 2 

wheels that have accumulated 6,500 or 

more cycles-since-new (CSN). That AD 

resulted from reports of HPT stage 2 

wheels that had cracks in the bores of 

the wheels. This condition, if not 

corrected, could result in a possible 

uncontained failure of the HPT stage 2 

wheel, which could cause damage to the 

airplane. 

Actions Since AD 2008–19–51 Was 

Issued 

After we issued emergency AD 2008– 

19–51, we determined that the cracks in 

the HPT stage 2 wheel bores are caused 

by a thermally-induced high stress in 

the disk bore, which was not identified 

at the time of the original certification. 

We performed a new risk assessment for 

cracking in the bore of the HPT stage 2 

wheel using the FAA methodology 

guidelines in FAA Advisory Circular 

39–8 and the results of the inspections 

from AD 2008–19–51. The risk 

assessment takes into account physical 

characteristics about the cracks that 

were not available when we issued AD 

2008–19–51. The new risk assessment, 

in combination with a sufficient number 

of early inspections, showed that the 

risk profile was not rapidly increasing, 

which was a concern when we issued 

AD 2008–19–51. Using this new 

information, we determined we could 

change the compliance requirements for 

the ECI while still maintaining a level 

of safety consistent with the intent of 

the original AD 2008–19–51. We 

changed the new compliance schedule 

to an interval of 150 cycles-in-service 

(CIS) between wheel populations. The 

intervals for the wheel populations were 

based on CSN, and they varied because 

of the distribution of the affected wheels 

throughout the fleet at that time. A 

distribution based on CSN resulted in a 

compliance schedule that inspected the 

fleet from the highest time, highest risk 

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wheels to the lowest time, lowest risk 

wheels. It allowed us to control the 

overall risk consistent with the intent of 

AD 2008–19–51. 

We also determined that a 

requirement to perform the ECI by a 

certain CIS is by itself sufficient to 

maintain the level of safety consistent 

with the intent of the original AD 2008– 

19–51. Because of that determination, 

we no longer prohibit installing any 

engine that had an HPT stage 2 wheel 

with more than 6,500 CSN unless the 

wheel was inspected. Instead, we 

modified that requirement to apply only 

to HPT stage 2 wheels removed from 

service as a result of complying with AD 

2008–26–06 or emergency AD 2008–19– 

51. 

Finally, we specified the part 

numbers (P/Ns) for the affected HPT 

stage 2 wheels to ensure proper 

identification. 

On December 12, 2008, we issued AD 

2008–26–06 as an immediately adopted 

rule to mandate a short-term program 

(90 days) to ensure the continued 

airworthiness of the product. That AD 

published in the Federal Register on 

December 24, 2008 (73 FR 78927). 

Actions Since AD 2008–26–06 Was 

Issued 

A few months after we issued AD 

2008–26–06 we received reports of 

additional cracks in the HPT stage 2 

wheels. A revised risk assessment that 

included these additional reports 

indicated that we needed to require a 

higher inspection rate. For this reason, 

we issued Emergency AD 2009–08–51 

on April 10, 2009. That AD also 

provides instructions for an optional 

SWUT inspection. We then published a 

final rule; request for comments (74 FR 

22091, May 12, 2009) to make the 

emergency actions applicable to all 

persons. 

We are now proceeding through the 

normal rule making process to ensure 

full public comment on our proposed 

actions. In this proposed AD, we are 

still requiring the same removal from 

service or ECI or SWUT inspections, but 

we are expanding the scope of the 

compliance schedule to more engines by 

including wheels with lower CSN. We 

are also including a requirement for 

repetitive inspections. In addition, we 

have identified by serial number a group 

of HPT stage 2 wheels that were 

repaired while in-service; because of 

this repair those wheels can only be 

inspected by the ECI method. We have 

also determined that the engine cycle 

life limit (ECLL) of the HPT stage 2 

wheels, P/N 23075345 and 23084520, 

covered by this proposed AD should be 

reduced to 23,000 CSN and that the 

ECLL of all other part number HPT stage 

2 wheels covered by this proposed AD 

should be reduced to 20,000 CSN on the 

effective date of this AD. 

The occurrence of cracked HPT stage 

2 wheels has been shown by statistical 

analysis of field data to have a causal 

link to a manufacturing process that led 

to incomplete shot peening on the drive 

arm fillets (shaft inner diameter fillet) of 

the wheel. Improvements to the fixed 

manufacturing process have addressed 

this incomplete peening condition. 

Therefore, HPT stage 2 wheels that have 

been determined to have been fully shot 

peened in the drive arm fillet are 

excluded from the inspection 

requirements of this proposed AD. 

Relevant Service Information 

We have reviewed and approved the 

technical contents of: 

• RRC Alert Service Bulletin AE 

3007A–A–72–367, Revision 2, dated 

June 22, 2009, that describes procedures 

for ECI of the HPT stage 2 wheel on AE 

3007A series engines. 

• RRC Service Bulletin AE 3007A– 

72–368, Revision 2, dated April 28, 

2009, that describes the procedures for 

SWUT inspection of the HPT stage 2 

wheel on AE 3007A series turbofan 

engines. 

• RRC Service Bulletin AE 3007A– 

72–369, Revision 2, dated November 5, 

2009, that describes the procedures for 

SWUT inspection of the HPT stage 2 

wheel on AE 3007A series turbofan 

engines. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other products of this same 

type design. We are proposing this AD, 

which would require: 

• Removing from service any engine 

with certain P/N HPT stage 2 wheels 

that have a CSN specified in Table 1 of 

this AD by the compliance time 

specified in Table 1 of this AD; or 

• Performing an ECI or SWUT 

inspection on certain P/N HPT stage 2 

wheels that have a CSN specified in 

Table 1 of this AD by the compliance 

time specified in Table 1 of this AD; and 

• Performing repetitive ECI or SWUT 

inspections of the HPT stage 2 wheels 

within 3,000 cycles-since-last 

inspection. 

You must use the service information 

described previously to perform the 

actions required by this AD. 

Interim Action 

These actions are interim actions and 

we may take further rulemaking actions 

in the future. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 1402 engines installed on 

airplanes of U.S. registry. We also 

estimate that it would take about 2 

work-hours per engine to perform both 

the proposed ECI and proposed SWUT. 

The average labor rate is $85 per workhour. No parts are required for the 

inspection. We estimate the prorated life 

lost per stage 2 wheel is about $13,177. 

Based on these figures, we estimate the 

total cost of the proposed AD to U.S. 

operators to be $18,712,494. This 

estimate is exclusive of any warranty 

coverage. 

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 have determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 the proposed 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. Would not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

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Federal Register / Vol. 75, No. 32 / Thursday, February 18, 2010 / Proposed Rules 7211 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD. You may get a copy 

of this summary at the address listed 

under ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration proposes to 

amend 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 airworthiness 

directive: 

Rolls-Royce Corporation (Formerly Allison 

Engine Company): Docket No. FAA–2009– 

0811; Directorate Identifier 2008–NE–41–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by March 

22, 2010. 

Affected ADs 

(b) This AD supersedes AD 2009–08–51. 

Applicability 

(c) This AD applies to Rolls-Royce 

Corporation (RRC) AE 3007A series turbofan 

engines with high-pressure turbine (HPT) 

stage 2 wheels, part numbers (P/Ns) 

23069438, 23069592, 23074462, 23074644, 

23075345, or 23084520 installed. These 

engines are installed on, but not limited to, 

Empresa Brasileira de Aeronautica S. A. 

(EMBRAER) EMB–135 and EMB–145 

airplanes. 

Unsafe Condition 

(d) This AD results from reports of cracked 

HPT stage 2 wheels. We are issuing this AD 

to prevent uncontained failure of the HPT 

stage 2 wheel and damage to the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

HPT Stage 2 Wheels Exempted From the 

Inspection Requirements of This AD 

(f) The following engines are exempt from 

the inspection requirements of this AD: 

(1) All engines with an HPT stage 2 wheel, 

P/N 23084520. 

(2) All engines with an HPT stage 2 wheel, 

P/N 23075345, that has a serial number (S/N) 

specified in Table 1 of this AD, and 

(3) All engines with an HPT stage 2 wheel, 

P/N 23074462, that has a S/N specified in 

Table 2 of this AD. 

TABLE 1—HPT STAGE 2 WHEEL, P/N 

23075345 BY S/N EXCLUDED FROM

INSPECTION REQUIREMENTS (G) 

THROUGH (I) OF THIS AD 

MM507646 MM508211 MM508319 

MM508144 MM508221 MM508320 

MM508153 MM508241 MM508322 

MM508176 MM508248 MM508337 

MM508186 MM508251 MM508338 

MM508188 MM508264 MM508382 

MM508205 MM508305 MM508387 

MM508208 MM508311 

TABLE 2—HPT STAGE 2 WHEEL, P/N 

23074462 BY S/N EXCLUDED FROM

INSPECTION REQUIREMENTS (G) 

THROUGH (I) OF THIS AD 

MM504890 MM505025 MM505054 

MM504963 MM505034 MM505055 

MM504990 MM505041 MM505056 

MM504995 MM505045 MM505061 

MM505007 MM505046 All ‘‘MM’’ prefix S/ 

Ns higher than 

MM505061. 

MM505017 MM505048 All S/Ns with ‘‘MW’’ 

prefix. 

Initial Eddy Current Inspection (ECI) or 

Surface Wave Ultrasonic Testing (SWUT) 

Inspection 

(g) For engines with an HPT stage 2 wheel, 

P/Ns 23069438, 23069592, 23074462, 

23074644, or 23075345, remove the engine 

from service or perform an initial inspection 

of the wheel by the cycle limit specified in 

Table 3 of this AD. Use one of the following 

methods for the inspection: 

(1) For HPT stage 2 wheels that have S/Ns 

listed in Table 4 of this AD, use paragraphs 

2.A. through 2.C.(4) of RRC Alert Service 

Bulletin (ASB) AE 3007A–A–72–367, 

Revision 2 dated June 22, 2009, to inspect the 

wheel. 

(2) For HPT stage 2 wheels that have S/Ns 

not listed in Table 4 of this AD, use 

paragraphs 2.A. through 2.C.(4) of RRC ASB 

AE 3007A–A–72–367, Revision 2, dated June 

22, 2009, or use paragraphs 2.A. through 2.N. 

of RRC Service Bulletin (SB) AE 3007A–72– 

368, Revision 2, dated April 28, 2009; or use 

2.A. through 2.V.(4) of RRC SB AE 3007A– 

72–369, Revision 2, dated November 5, 2009, 

to perform the inspections. 

TABLE 3—COMPLIANCE TIMES FOR

ENGINE REMOVAL OR ECI OR

SWUT INSPECTION OF THE HPT 

STAGE 2 WHEELS BY CYCLESSINCE-NEW (CSN) 

For HPT stage 

2 wheels with 

the following 

CSN on the effective date of 

this AD: 

Remove engine from service 

or inspect wheel within the 

following cycles-in-service 

(CIS) after the effective date 

of this AD: 

(3) 17,500 or 

more CSN.

Remove engine from service 

or inspect before next 

flight. 

(4) 10,000 to 

17,499 CSN.

15 CIS. 

(5) 9,999 or 

fewer CSN.

Before accumulating 10,015 

CSN. 

TABLE 4—S/NS OF HPT STAGE 2 

WHEELS TO BE INSPECTED BY SB 

AE 3007A–72–367 (ECI METHOD

ONLY) 

HPT Stage 2 Wheels Requiring ECI Method 

Only 

MM119400 MM183796 

MM119480 MM183808 

MM119508 MM183831 

MM155847 MM228730 

MM155907 MM228951 

MM155908 MM503748 

MM183236 MM504004 

MM183362 MM57188 

MM183754 MM57440 

MM183762 MM57480 

Installation Prohibition 

(h) After the effective date of this AD, don’t 

return to service, any HPT stage 2 wheel that 

was installed in any RRC AE 3007A series 

engine that has been removed as a result of 

the inspection requirements of this AD, 

unless the HPT stage 2 wheel was inspected 

as specified in RRC ASB AE 3007A–A–72– 

367, Revision 2, dated June 22, 2009; or RRC 

SB AE 3007A–72–368, Revision 2, dated 

April 28, 2009; or RRC SB AE 3007A–72– 

369, Revision 2, dated November 5, 2009. 

Repetitive Inspection 

(i) Thereafter, within 3,000 cycles-sincelast inspection, remove the engine from 

service until an ECI or SWUT inspection is 

performed on the HPT stage 2 wheel. Use 

paragraphs 2.A. through 2.C.(4) of RRC ASB 

AE 3007A–A–72–367, Revision 2, dated June 

22, 2009, or use paragraphs 2.A. through 2.N. 

of RRC SB AE 3007A–72–368, Revision 2, 

dated April 28, 2009; or use 2.A. through 

2.V.(4) of RRC SB AE 3007A–72–369, 

Revision 2, dated November 5, 2009, to 

inspect the wheel. 

New, Reduced Engine Cycle Life Limit and 

Removal From Service 

(j) For HPT stage 2 wheels, P/N 23084520, 

do the following: 

(1) For wheels that have 22,985 CSN or 

more on the effective date of this AD, remove 

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the wheel from service within 15 CIS after 

the effective date of this AD. 

(2) Thereafter, remove HPT stage 2 wheels, 

P/N 23084520, before exceeding the new, 

reduced engine cycle life limit (ECLL) of 

23,000 CSN. 

(k) For HPT stage 2 wheels, P/N 23075345 

and 23074644, do the following: 

(1) For wheels that have 19,985 CSN or 

more on the effective date of this AD, remove 

the wheel from service within 15 CIS after 

the effective date of this AD unless paragraph 

(k)(3) of this AD applies. 

(2) Thereafter, remove HPT stage 2 wheels, 

P/N 23075345 and 23074644, before 

exceeding the new, reduced ECLL of 20,000 

CSN. 

(3) For HPT stage 2 wheels, P/N 23075345, 

that have a S/N listed in Table 5 of this AD 

and that have 22,985 CSN or more on the 

effective date of this AD, remove the wheel 

from service within 15 CIS after the effective 

date of this AD. 

(4) Thereafter, for HPT stage 2 wheels, P/N 

23075345, that have a S/N listed in Table 5 

of this AD, remove the wheel from service 

before exceeding the new, reduced ECLL of 

23,000 CSN. 

TABLE 5—S/NS OF HPT STAGE 2 WHEEL, P/N 23075345, ELIGIBLE TO REMAIN IN SERVICE UNTIL 23,000 CSN 

MM507646 MM508205 MM508251 MM508322 

MM508144 MM508208 MM508264 MM508337 

MM508153 MM508211 MM508305 MM508338 

MM508176 MM508221 MM508311 MM508382 

MM508186 MM508241 MM508319 MM508387 

MM508188 MM508248 MM508320 

(l) For wheels, P/N 23069438, in engines 

that have not complied with RRC SB AE 

3007A–72–176, Revision 5, dated September 

2, 2008, or SB AE 3007A–72–215, Revision 

2, dated September 28, 2009, remove the 

wheel before exceeding the new, reduced 

ECLL of 10,000 CSN. 

(m) For wheels, P/N 23069438, in engines 

that have complied with RRC SB AE 3007A– 

72–176, Revision 5, dated September 2, 2008 

or SB AE 3007A–72–215, Revision 2, dated 

September 28, 2009, do the following: 

(1) For wheels that have 19,985 CSN or 

more on the effective date of this AD, remove 

the wheel from service within 15 CIS after 

the effective date of this AD. 

(2) Thereafter, remove the wheel from 

service before exceeding the new, reduced 

ECLL of 20,000 CSN. 

Alternative Methods of Compliance 

(n) The Manager, Chicago Aircraft 

Certification Office, has the authority to 

approve alternative methods of compliance 

for this AD if requested using the procedures 

found in 14 CFR 39.19. 

Special Flight Permits 

(o) Under 14 CFR 39.23, we are limiting the 

special flight permits for this AD by 

restricting the flight to essential flight crew 

only. 

Related Information 

(p) Contact Kyri Zaroyiannis, Aerospace 

Engineer, Chicago Aircraft Certification 

Office, Small Airplane Directorate, FAA, 

2300 E. Devon Ave., Des Plaines, IL 60018; 

e-mail: kyri.zaroyiannis@faa.gov; telephone 

(847) 294–7836; fax (847) 294–7834, for more 

information about this AD. 

Issued in Burlington, Massachusetts, on 

February 11, 2010. 

Francis A. Favara, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–3145 Filed 2–17–10; 8:45 am] 

BILLING CODE 4910–13–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1625 

RIN 3046–AA87 

Definition of ‘‘Reasonable Factors 

Other Than Age’’ Under the Age 

Discrimination in Employment Act 

AGENCY: Equal Employment 

Opportunity Commission 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) is issuing this notice of 

proposed rulemaking (‘‘NPRM’’) to 

address the meaning of ‘‘reasonable 

factors other than age’’ (RFOA) under 

the Age Discrimination in Employment 

Act (‘‘ADEA’’). 

DATES: Comments must be received on 

or before April 19, 2010. The 

Commission will consider any 

comments received on or before the 

closing date and thereafter adopt final 

regulations. Comments received after 

the closing date will be considered to 

the extent practicable. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• By mail to Stephen Llewellyn, 

Executive Officer, Executive Secretariat, 

Equal Employment Opportunity 

Commission, U.S. Equal Employment 

Opportunity Commission, 131 ‘‘M’’ 

Street, NE., Washington, DC 20507. 

• By facsimile (‘‘FAX’’) machine to 

(202) 663–4114. (There is no toll free 

FAX number). Only comments of six or 

fewer pages will be accepted via FAX 

transmittal, in order to assure access to 

the equipment. Receipt of FAX 

transmittals will not be acknowledged, 

except that the sender may request 

confirmation of receipt by calling the 

Executive Secretariat staff at (202) 663– 

4070 (voice) or (202) 663–4074 (TTY). 

(These are not toll free numbers). 

• By the Federal eRulemaking Portal: 

http://www.regulations.gov. After 

accessing this Web site, follow its 

instructions for submitting comments. 

Instructions: All comment 

submissions must include the agency 

name and docket number or the 

Regulatory Information Number (RIN) 

for this rulemaking. Comments need be 

submitted in only one of the abovelisted formats, not all three. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information you provide. 

Copies of the received comments also 

will be available for inspection in the 

EEOC Library, FOIA Reading Room, by 

advanced appointment only, from 9 a.m. 

to 5 p.m., Monday through Friday 

except legal holidays, from April 19, 

2010 until the Commission publishes 

the rule in final form. Persons who 

schedule an appointment in the EEOC 

Library, FOIA Reading Room, and need 

assistance to view the comments will be 

provided with appropriate aids upon 

request, such as readers or print 

magnifiers. To schedule an appointment 

to inspect the comments at the EEOC 

Library, FOIA Reading Room, contact 

the EEOC Library by calling (202) 663– 

4630 (voice) or (202) 663–4641 (TTY). 

(These are not toll free numbers). 

FOR FURTHER INFORMATION CONTACT: 

Dianna B. Johnston, Assistant Legal 

Counsel, or Lyn J. McDermott, Senior 

Attorney-Advisor, at (202) 663–4638 

(voice) or (202) 663–7026 (TTY). (These 

are not toll free numbers). This notice 

also is available in the following 

formats: Large print, Braille, audio tape 

and electronic file on computer disk. 

Requests for this notice in an alternative 

format should be made to the 

Publications Information Center at 

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