Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 11075 

mod TU 347, using Turbomeca MSB No. 

A292 72 0807, Version E, dated October 29, 

2009, paragraphs 2B(1)(c) or (d), or 2B(2)(b) 

or (c), at the following times: 

(1) Replace before further flight on engines 

with a 2nd stage turbine disk having 

accumulated more than 2,200 hours TIS 

since-new or since-last-inspection, 

whichever occurs later, or with 2nd stage 

turbine blades that have accumulated more 

than 3,000 hours TIS since-new. 

(2) For engines with 2nd stage turbine 

blades having accumulated on the effective 

date of this AD, more than 1,800 hours TIS 

since-new, but 3,000 or fewer hours TIS 

since-new, replace before reaching any of the 

following: 

(i) 400 hours TIS from the effective date of 

this AD, or 

(ii) 3,000 hours TIS since-new on the 2nd 

stage turbine blades, or 

(iii) 2,200 hours TIS since-new or sincelast-inspection, whichever occurs later, on 

the 2nd stage turbine disk. 

(3) For engines with 2nd stage turbine 

blades having accumulated on the effective 

date of this AD, more than 900 hours TIS 

since-new, but 1,800 or fewer hours TIS 

since-new, replace before reaching any of the 

following: 

(i) 800 hours TIS from the effective date of 

this AD, or 

(ii) 2,200 hours TIS since-new or since-lastinspection, whichever occurs later, on the 

2nd stage turbine disk. 

(4) For engines with 2nd stage turbine 

blades having accumulated on the effective 

date of this AD, 900 or fewer hours TIS sincenew, replace before the 2nd stage turbine 

blades have accumulated 1,200 hours TIS 

since-new. 

Repetitive Replacements of 2nd Stage 

Turbines on Arriel 1B Engines 

(j) Thereafter, for 2nd stage turbines that do 

not incorporate mod TU 347, replace the 2nd 

stage turbine disk and blades before the 

blades have accumulated 1,200 hours TIS 

since-new. 

Initial Replacement of 2nd Stage Turbines 

on Arriel 1D and 1D1 Engines 

(k) Initially replace the Arriel 1D and 1D1 

2nd stage turbine disk and blades with an 

inspected turbine that does not incorporate 

mod TU 347 and is fitted with new blades 

or with a turbine that incorporates mod TU 

347, using Turbomeca MSB No. A292 72 

0807, Version E, dated October 29, 2009, 

paragraphs 2B(1)(c) or (d), or 2B(2)(b) or (c), 

at the following times: 

(1) Replace before further flight on engines 

with a 2nd stage turbine disk having 

accumulated more than 1,500 hours TIS 

since-new or since-last-inspection, 

whichever occurs later, or with 2nd stage 

turbine blades having accumulated more 

than 1,500 hours TIS since-new. 

(2) For engines with 2nd stage turbine 

blades having accumulated on the effective 

date of this AD, more than 900 hours TIS 

since-new, but 1,500 or fewer hours TIS 

since-new, replace before the 2nd stage 

turbine blades have accumulated 1,500 hours 

TIS since-new, or before the 2nd stage 

turbine disk has accumulated 1,500 hours 

TIS since-new, whichever occurs first. 

(3) For engines with 2nd stage turbine 

blades having accumulated on the effective 

date of this AD, 900 or fewer hours TIS sincenew, replace before the 2nd stage turbine 

blades have accumulated 1,200 hours TIS 

since-new. 

Repetitive Replacements of 2nd Stage 

Turbines on Arriel 1D and 1D1 Engines 

(l) Thereafter, for 2nd stage turbines that do 

not incorporate mod TU 347, replace the 2nd 

stage turbine disk and blades before the 

blades have accumulated 1,200 hours TIS 

since-new. 

Relative Position Check Continuing 

Compliance Requirements 

(m) All 2nd stage turbines, including those 

that are new or overhauled, must continue to 

comply with the actions specified in 

paragraphs (f) and (g) of this AD, unless mod 

TU 347 has been incorporated. 

Optional Terminating Action 

(n) Installing a new turbine, P/N 0 292 25 

039 0, (incorporation of mod TU 347) 

terminates the requirements to perform the 

repetitive actions specified in paragraphs (g), 

(j), and (l) of this AD. 

Alternative Methods of Compliance 

(o) The Manager, Engine 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. 

Related Information 

(p) The EASA airworthiness directive 

2009–0236, dated October 29, 2009, also 

addresses the subject of this AD. 

(q) Contact Kevin Dickert, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kevin.dickert@faa.gov; 

telephone (781) 238–7117, fax (781) 238– 

7199, for more information about this AD. 

Issued in Burlington, Massachusetts, on 

March 1, 2010. 

Thomas A. Boudreau, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–5028 Filed 3–9–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 234 

[Docket No. DOT–OST–2010–0039] 

RIN No. 2105–AE00 

Enhancing Airline Passenger 

Protections: Response to Requests To 

Extend Compliance Date 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of 

Transportation is proposing to extend 

by 45 days, or until June 14, 2010, the 

compliance date of the provision in its 

final rule entitled ‘‘Enhancing Airline 

Passenger Protections,’’ published 

December 30, 2009, and effective April 

29, 2010, that requires airlines to 

publish flight delay information on their 

Web sites. This proposal is in response 

to the petition of the Air Transport 

Association of America (ATA), the 

Regional Airline Association (RAA) and 

the Air Carrier Association of America 

(ACAA) for an additional 90 days time 

for airlines to comply with the 

requirement to display flight delay data 

on Web sites in view of the extensive 

changes to carriers’ reporting systems 

that are necessitated by the rule and 

their contention that completion of 

these tasks is not possible by April 29, 

2010, the current effective date of the 

requirement. The Department 

acknowledges that additional time to 

comply with the posting of flight delay 

information on the carriers’ Web sites 

may be warranted to ensure the posting 

of complete and accurate information 

but is not persuaded that the full 90 

days requested by the carrier 

associations is needed. Therefore, this 

NPRM proposes to extend the 

compliance date for the provision in 

question for an additional 45 days, from 

April 29, 2010, to June 14, 2010. 

DATES: Comments on amending the final 

rule published December 30, 2009, at 74 

FR 68983, effective April 29, 2010, 

should be filed by March 25, 2010. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2010–0039 by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave., SE., between 9 

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

Friday, except Federal Holidays. 

• Fax: (202) 493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2010–0039 or the Regulatory 

Identification Number (RIN) for the 

rulemaking at the beginning of your 

comment. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 


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11076 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment if 

submitted on behalf of an association, a 

business, a labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit 

http://DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Blane A. Workie, Office of the Assistant 

General Counsel for Aviation 

Enforcement and Proceedings, U.S. 

Department of Transportation, 1200 

New Jersey Ave., SE., Washington, DC 

20590, 202–366–9342 (phone), 202– 

366–7152 (fax), blane.workie@dot.gov 

(e-mail). 

SUPPLEMENTARY INFORMATION: On 

December 30, 2009, the Department of 

Transportation published a final rule in 

the Federal Register (74 FR 68983), 

titled the ‘‘Enhancing Airline Passenger 

Protections’’ final rule that, among other 

things, requires certificated air carriers 

that account for at least 1 percent of 

domestic scheduled passenger revenues 

(reporting carriers) to provide certain 

flight delay data on their websites. 

Under the rule, a reporting carrier must 

display on its Web site flight delay 

information for each flight it operates 

and for each flight its U.S. code-share 

partners operate for which schedule 

information is available. More 

specifically, the rule requires that 

reporting carriers provide on their 

websites the following on-time 

performance information: (1) Percentage 

of arrivals that were on time—i.e., 

within 15 minutes of scheduled arrival 

time; (2) the percentage of arrivals that 

were more than 30 minutes late 

(including special highlighting if the 

flight was late more than 50 percent of 

the time); and (3) the percentage of 

flight cancellations if 5 percent or more 

of the flight’s operations were canceled 

in the month covered. As published, the 

effective date of the rule is April 29, 

2010. 

The Air Transport Association of 

America (ATA), the Regional Airline 

Association (RAA) and the Air Carrier 

Association of America (ACAA) have 

requested that the Department of 

Transportation extend the compliance 

time for publishing flight delay 

information on airlines’ websites by 90 

days. The carrier associations state that 

the compliance date of April 29, 2010, 

is unworkable because of the extensive 

changes to carrier reporting systems and 

internet displays needed to comply with 

the rule. ATA asserts that, on average, 

each carrier will need to expend 1550 

hours to comply with the new 

disclosure requirements. ATA explains 

that this work involves a number of 

company disciplines and that each area 

of work must be completed in 

succession. For example, according to 

ATA, the work to ensure compliance 

with the flight time disclosure 

requirements in the rule must be 

completed in a particular order: Each 

carrier must first design changes based 

on its current data capabilities, which 

on average will take approximately 415 

hours; once the design is completed, 

programming changes, which on 

average will take approximately 560 

hours, will need to be done; the testing 

period once programming is completed 

will then take on average approximately 

445 hours; and finally the deployment 

process, once testing is completed, will 

take on average approximately 130 

hours. ATA points out that, during the 

past month, while some work has began, 

carriers have spent the majority of the 

time determining the new regulatory 

requirements including seeking 

clarification on aspects of the rule and 

identifying the system changes that are 

needed in order to begin the first phase 

of system design. ATA also calls 

attention to the fact that delays at one 

carrier will impact the compliance 

schedule of all of its domestic codeshare partners because the rule requires 

reporting carriers to post flight delay 

information not only for each flight it 

operates but also for each flight its U.S. 

code-share partners operate for which 

schedule information is available. Some 

of the code-share partners of the 

reporting carriers, it is noted, do not 

report on-time performance data to the 

Department. This will likely necessitate 

the reporting carriers collecting the ontime performance data for these carriers 

through third party entities. In addition, 

ATA notes that a number of U.S. 

carriers are discussing the possibility of 

creating and implementing an 

International Air Transport Association 

(IATA) standard for displaying codeshare information to be shared among 

carriers, but that such standardization is 

likely to require a minimum 60-day 

approval process once the data 

standards are defined. For these reasons, 

ATA asserts that carriers need 

additional time to fulfill the 

Department’s goal of providing accurate 

flight delay information for the public. 

Interested parties can read the carrier 

associations’ requests to extend the 

compliance date in their entirety at 

DOT–OST–2010–0039. 

The Department tentatively agrees 

that some extension of time in the 

compliance date for publishing flight 

delay data on airlines’ Web sites may be 

warranted, but does not believe that a 

90-day extension is justified. Instead, 

the Department is proposing to revise 14 

CFR 234.11 to extend the compliance 

date of sections 234.11(b) and (c) by an 

additional 45 days until June 14, 2010. 

We believe this revised compliance date 

will provide the airlines adequate time 

to comply with the requirement to 

provide certain flight delay data on their 

Web sites. We emphasize that this 

proposed extension of time is limited to 

that portion of our ‘‘Enhancing Airline 

Passenger Protections’’ rule described 

above dealing with publication on 

carrier websites of flight delay data. It 

does not affect any other provision in 

the ‘‘Enhancing Airline Passenger 

Protections’’ rule, including the 

provision requiring U.S. carriers to 

allow passengers on domestic flights to 

deplane after three hours on the tarmac 

subject to exceptions for safety, security 

or ATC considerations, and the 

compliance date for those provisions 

remains April 29, 2009. In proposing the 

June 14, 2010, compliance date for the 

requirements pertaining to publishing 

delay data on carriers’ websites, the 

Department is balancing the benefit of 

having accurate and complete flight 

delay data available to consumers with 

the capability of airlines to comply with 

the additional requirements being 

imposed upon them in a reasonable 

timeframe. We are specifically inviting 

comment on the issue of the proposed 

change in the compliance date. Is a 45- 

day extension too long or too short? We 

are not convinced at this juncture that 

a 90-day extension is necessary and 

invite carriers to provide evidence to the 

contrary in their comments on this 

proposal. 

The Department is providing a very 

limited comment period on this 

proposal because the issue on which 

comment is sought is limited to a 

change in the compliance date of only 

a small portion of the ‘‘Enhancing 

Airline Passenger Protections’’ final rule. 

Additionally, the final rule has an 

effective date of April 29, 2010, less 

than two months from today. We believe 

that, under these circumstances, fifteen 

days will provide the public with 

meaningful participation in the 

regulatory process and enable the 

Department to review the comments 

submitted and issue a final rule on this 

matter sufficiently before April 29, 

2010, to permit the air carriers to 


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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Proposed Rules 11077 

efficiently complete the tasks 

necessitated by the rule. 

Regulatory Analyses and Notices 

A. Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

This rulemaking action is not a 

significant regulatory action under 

Executive Order 12866 and the 

Department of Transportation’s 

Regulatory Policies and Procedures. 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

B. Regulatory Flexibility Act 

Pursuant to section 605 of the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 605(b), as amended by the Small 

Business Regulatory Enforcement and 

Fairness Act of 1996 (SBREFA), DOT 

certifies that this rulemaking will not 

have a significant impact on a 

substantial number of small entities. 

The NPRM would impose no duties or 

obligations on small entities. 

C. Executive Order 13132 (Federalism) 

This action 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, and therefore will 

not have federalism implications. 

D. Executive Order 13084 

This notice has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13084 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because the provision on which we are 

seeking comment would not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments or impose substantial 

direct compliance costs on them, the 

funding and consultation requirements 

of Executive Order 13084 do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.) requires 

that DOT consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public and, under the provisions of PRA 

section 3507(d), obtain approval from 

the Office of Management and Budget 

(OMB) for each collection of 

information it conducts, sponsors, or 

requires through regulations. DOT has 

determined that there are no new 

information collection requirements 

associated with this NPRM. The NPRM 

merely proposes to provide an 

additional 45 days to comply with a 

regulatory provision whose paperwork 

impact has already been analyzed by the 

Department. 

F. Unfunded Mandates Reform Act 

The Department has determined that 

the requirements of Title II of the 

Unfunded Mandates Reform Act of 1995 

do not apply to this rulemaking. 

Issued this 5th day of March 2009, in 

Washington, DC. 

Ray LaHood, 

Secretary of Transportation. 

List of Subjects in 14 CFR Part 234 

Air carriers, Consumer protection, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Department proposes to 

amend the final rule published 

December 30, 2009, at 74 FR 68983, 

effective April 29, 2010, amending Title 

14, Chapter II, Subchapter A, part 234, 

as follows: 

PART 234—AIRLINE SERVICE 

QUALITY PERFORMANCE REPORTS 

1. The authority citation for Part 234 

continues to read as follows: 

Authority: 49 U.S.C. 329 and chapters 401 

and 417. 

2. In the final rule published 

December 30, 2009, at 74 FR 68983, 

effective April 29, 2010, § 234.11 is 

amended by adding paragraph (d) to 

read as follows: 

§ 234.11 Disclosure to consumers. 

* * * * * 

(d) A reporting carrier must meet the 

requirements of paragraphs (b) and (c) of 

this section by June 14, 2010. 

[FR Doc. 2010–5244 Filed 3–9–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF JUSTICE 

28 CFR Part 115 

[Docket No. OAG–131; AG Order No. 3143– 

2010] 

RIN 1105–AB34 

National Standards To Prevent, Detect, 

and Respond to Prison Rape 

AGENCY: Department of Justice. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Department of Justice 

(Department) is reviewing national 

standards for enhancing the prevention, 

detection, and response to sexual abuse 

in confinement settings that were 

prepared by the National Prison Rape 

Elimination Commission (Commission) 

pursuant to the Prison Rape Elimination 

Act of 2003 (PREA) and recommended 

by the Commission to the Attorney 

General. The Department is issuing this 

Advance Notice of Proposed 

Rulemaking to solicit public input on 

the Commission’s proposed national 

standards and to receive information 

useful to the Department in publishing 

a final rule adopting national standards 

for the detection, prevention, reduction, 

and punishment of prison rape, as 

mandated by PREA. 

DATES: Written comments must be 

postmarked on or before May 10, 2010, 

and electronic comments must be sent 

on or before midnight Eastern Time May 

10, 2010. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. OAG–131’’ on all written and 

electronic correspondence. Written 

comments being sent via regular or 

express mail should be sent to Robert 

Hinchman, Senior Counsel, Office of 

Legal Policy, Department of Justice, 950 

Pennsylvania Avenue, NW., Room 4252, 

Washington, DC 20530. Comments may 

also be sent electronically through 

http://www.regulations.gov using the 

electronic comment form provided on 

that site. An electronic copy of this 

document is also available at the 

http://www.regulations.gov Web site. 

The Department will accept attachments 

to electronic comments in Microsoft 

Word, WordPerfect, Adobe PDF, or 

Excel file formats only. The Department 

will not accept any file formats other 

than those specifically listed here. 

Please note that the Department is 

requesting that electronic comments be 

submitted before midnight Eastern Time 

on the day the comment period closes 

because http://www.regulations.gov 

terminates the public’s ability to submit 

comments at midnight Eastern Time on 

the day the comment period closes. 

Commenters in time zones other than 

Eastern Time may want to consider this 

so that their electronic comments are 

received. All comments sent via regular 

or express mail will be considered 

timely if postmarked on the day the 

comment period closes. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hinchman, Senior Counsel, 

Office of Legal Policy, Department of 

Justice, 950 Pennsylvania Avenue, NW., 

Room 4252, Washington, DC 20530; 

telephone: (202) 514–8059. This is not 

a toll-free number. 

SUPPLEMENTARY INFORMATION: Posting of 

Public Comments: Please note that all 

comments received are considered part 

of the public record and made available 


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