This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

11419 

Vol. 75, No. 47 

Thursday, March 11, 2010 

DEPARTMENT OF ENERGY 

10 CFR Part 440 

RIN 1904–AC16 

Weatherization Assistance for LowIncome Persons: Maintaining the 

Privacy of Applicants for and 

Recipients of Services 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Interim final rule. 

SUMMARY: The U.S. Department of 

Energy (DOE) is amending its 

regulations to require all States and 

other service providers that participate 

in the Weatherization Assistance 

Program (WAP) to treat all requests for 

information concerning applicants and 

recipients of WAP funds in a manner 

consistent with the Federal 

government’s treatment of information 

requested under the Freedom of 

Information Act (FOIA), 5 U.S.C. 552, 

including the privacy protections 

contained in Exemption (b)(6) of the 

FOIA, 5 U.S.C. 552(b)(6). 

DATES: Effective Date: This interim final 

rule is effective March 11, 2010 through 

December 6, 2010. 

Comment Due Date: Comments on 

this interim final rule must be 

postmarked by no later than April 12, 

2010. 

ADDRESSES: Comments may be 

submitted using any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: Privacy-FR-2010- 

WAP@hq.doe.gov. Include RIN 1901– 

AC16 in the subject line of the message. 

• Postal Mail: Robert Adams, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Weatherization Assistance Program, EE– 

2K, 950 L’Enfant Plaza, SW., Room 

P201D, Washington, DC 20585–0121. 

Please submit one signed original paper 

copy. 

• Hand Delivery/Courier: Robert 

Adams, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Weatherization 

Assistance Program, EE–2K, 950 

L’Enfant Plaza, SW., Room P201D, 

Washington, DC 20585–0121. Please 

submit one signed original paper copy. 

The public may review copies of all 

materials related to this rulemaking at 

the U.S. Department of Energy, Resource 

Room of the Building Technologies 

Program, 950 L’Enfant Plaza, SW., Suite 

600, Washington, DC, (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Please call Ms. Brenda Edwards at the 

above telephone number for additional 

information regarding visiting the 

Resource Room. 

FOR FURTHER INFORMATION CONTACT: 

Robert Adams, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Weatherization 

Assistance Program, EE–2K, 950 

L’Enfant Plaza, SW., Room P201D, 

Washington, DC 20585–0121, (202) 287– 

1591, e-mail: robert.adams@ee.doe.gov. 

Bryan Miller, Esq., U.S. Department of 

Energy, Office of General Counsel, 1000 

Independence Avenue, SW., 

Washington, DC 20585, (202) 586–8627. 

SUPPLEMENTARY INFORMATION: 

I. Authority and Background 

Title IV, Energy Conservation and 

Production Act, as amended, authorizes 

DOE to administer the WAP. All grant 

awards made under this Program shall 

comply with applicable authorities, 

including regulations contained in Title 

10 of the Code of Federal Register (10 

CFR) Part 440. 

II. Discussion 

This rule applies to States, Tribes and 

their subawardees, including, but not 

limited to subrecipients, subgrantees, 

contractors and subcontractors 

(hereinafter ‘‘service providers’’). DOE 

does not collect or maintain personal 

information regarding individuals 

applying for or receiving assistance 

under the WAP. Generally, DOE 

provides funding to States, which in 

turn provide funding to entities that 

manage weatherization projects 

(‘‘weatherization service providers’’), 

which, in turn, collect applicant 

information and make financial 

assistance awards to eligible applicants. 

The records collected by States and 

weatherization service providers in the 

course of administering the WAP are not 

Federal records for the purposes of 

applicable Federal law; however, DOE 

recognizes that a strong imperative 

exists to safeguard the privacy interests 

of individuals who participate in the 

programs that it administers. Therefore, 

the Department has concluded that it is 

prudent to provide formal standards for 

States and other service providers in 

responding to requests for personal 

information. 

States receiving funds under the WAP 

have received requests for information 

regarding the implementation of 

programs funded through the American 

Recovery and Reinvestment Act. The 

information requests range from 

informal inquiries by local elected 

officials and other community leaders to 

requests for specific information about 

applicants and/or recipients from local 

and regional press outlets. Due, in part, 

to the increased levels of funding for the 

WAP—$5 billion over three years—we 

anticipate that there will be a number of 

similar such requests. DOE adheres to 

the transparency requirements placed 

on WAP and other government financial 

assistance programs instituted by the 

Administration and encourages the 

dissemination of information that 

provides insight into the government’s 

use of WAP funding. FOIA clearly 

requires DOE to apply the Exemption 

(b)(6) balancing test to DOE records 

containing the personal information of 

individuals. Therefore, DOE hereby 

extends this requirement to States and 

other service providers that participate 

in the WAP to protect sensitive personal 

information in a manner consistent with 

DOE’s obligations under the FOIA. DOE 

is committed to protecting the privacy 

of individuals who apply for or receive 

WAP funding. 

By this interim final rule, DOE is 

requiring all States and other service 

providers under the WAP to apply the 

same balancing test set forth under 

FOIA Exemption (b)(6), 5 U.S.C. 

552(b)(6), to WAP related information in 

the possession of the States and service 

providers that DOE would apply in 

considering the release of similar 

information. Thus, this minimum 

privacy protection applicable to 


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11420 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 

requests for WAP related information 

ensures that any request for such 

information must be analyzed using the 

same paradigm as a FOIA analysis in 

order to determine whether to release 

the information. 

Given a legitimate, articulated public 

interest in the disclosure, States and 

other service providers may release 

information regarding recipients in the 

aggregate that does not identify specific 

individuals. For example, information 

on the number of recipients in a county, 

city, or a zip code does not compromise 

the privacy of the WAP recipients. A 

State or other service provider may 

therefore disclose such aggregated 

information. However, the release of any 

information that personally identifies an 

individual or is linked or linkable to a 

specific individual must be carefully 

scrutinized using the principles of 

Exemption (b)(6). 

Pursuant to FOIA Exemption (b)(6), 

records that contain personal 

information including but not limited 

to, names, addresses, and income 

information, are generally exempt from 

disclosure. Exemption (b)(6) is generally 

referred to as the ‘‘personal privacy’’ 

exemption; it provides that the 

disclosure requirements of FOIA do not 

apply to ‘‘personnel and medical files 

and similar files the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy.’’ 

In applying Exemption (b)(6), courts 

apply a balancing test in order to 

determine: (1) Whether a significant 

privacy interest would be invaded; (2) 

whether the release of the information 

would further the public interest by 

shedding light on the operations or 

activities of the Government; and (3) 

whether in balancing the privacy 

interests against the public interest, 

disclosure would constitute a clearly 

unwarranted invasion of privacy. A 

request for personal information 

including but not limited to the names, 

addresses, or income information of 

WAP applicants or recipients would 

require the State or other service 

provider to balance a clearly defined 

public interest in obtaining this 

information against the individuals’ 

legitimate expectation of privacy. 

Individuals have a strong privacy 

interest in protecting personal 

information including names, addresses, 

and financial information such as 

income levels or ranges, receipt of 

Government assistance, or any personal 

information likely to cause the 

individual involved personal distress or 

embarrassment. Absent a compelling 

public interest in disclosure, including 

the unavailability of less intrusive 

means of obtaining the information, the 

balancing test will generally favor the 

personal privacy interests of the 

individual. The burden of persuasion is 

on the requester claiming the public 

interest. Such assertions of public 

interest are closely scrutinized by courts 

to ensure that they legitimately warrant 

overriding important privacy interests 

and that a nexus exists between the 

information at issue and the public 

interest. 

In applying the principles of a FOIA 

analysis to requests for this type of 

information in the possession of States 

and other service providers, DOE, is, by 

this rule, requiring all States and other 

service providers under the WAP to 

apply the balancing test of Exemption 

(b)(6) to WAP related records in their 

possession, custody, or control. DOE is 

extending its expertise in carrying out 

Exemption (b)(6) FOIA analyses and 

States and service providers are 

encouraged to contact DOE’s Office of 

the Assistant General Counsel for 

General Law, (202) 586–1522, for 

assistance in applying the balancing test 

to requests for information. 

III. Request for Comment 

DOE seeks comment on this interim 

final rule. In addition, DOE requests 

public comment as to whether it should 

consider extending any other aspects of 

the FOIA to information collected and 

maintained by States and their 

subawardees in their administration of 

the WAP. 

IV. Procedural Requirements 

A. Executive Order 12866 

Today’s regulatory action is a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (October 4, 1993). 

Accordingly, this action was subject to 

review under that Executive Order by 

the Office of Information and Regulatory 

Affairs (OIRA) of the Office of 

Management and Budget (OMB). 

B. Administrative Procedure Act 

The Department of Energy finds good 

cause to waive the requirement to 

provide prior notice and an opportunity 

for public comment on these regulations 

pursuant to 5 U.S.C. 533(b)(B), and the 

30-day delay in effect date pursuant to 

5 U.S.C. 553(d). Notice and comment 

procedures on this rule are 

impracticable and contrary to the public 

interest. DOE is aware of at least one 

currently pending instance of a request 

seeking personal information of WAP 

participants in the possession of a State. 

Participation in WAP is limited to lowincome individuals. DOE is of the 

opinion that if such information is 

released, these families would likely be 

subjected to harassment, discrimination, 

embarrassment, predatory lending, and 

other forms of economic and social 

harm. Disclosure of this information 

would be comparable to releasing a 

person’s status as a food-stamp or 

welfare recipient—information that the 

Federal government keeps strictly 

confidential. 

DOE is also of the opinion that release 

of information such as the names, 

private income and address information 

of WAP participants will have a serious 

chilling effect on an individual’s 

willingness to participate in the WAP, 

which would frustrate the program’s 

purpose. Providing prior notice and an 

opportunity for public comment on this 

rule may result in the release of the 

information in the possession of the 

State thereby resulting in the very harm 

that DOE seeks to avoid. 

There is good cause to waive the 

required 30-day delay in effect for these 

same reasons. Therefore, these 

regulations are effective March 11, 2010 

through December 6, 2010. 

However, while not required, DOE is 

interested in receiving public comment 

on this rulemaking after its effective 

date. As such, this rule is being 

published on an interim final basis. 

DOE intends to issue a final rule in 

this proceeding prior to the expiration 

of this interim final rule on December 6, 

2010, in which it will respond to 

comments received. 

C. National Environmental Policy Act 

DOE has determined that this rule 

falls into a class of actions that are 

categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and DOE’s implementing 

regulations at 10 CFR part 1021. This 

rule amends an existing rule without 

changing its environmental effect, and, 

therefore, is covered by the Categorical 

Exclusion A5 found in appendix A to 

subpart D, 10 CFR part 1021. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that must be 

proposed for public comment, unless 

the agency certifies that the rule will 

have no significant economic impact on 

a substantial number of small entities. 

As required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 


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Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 11421 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site at http:// 

www.gc.energy.gov. Because a notice of 

proposed rulemaking is not required 

under the Administrative Procedure Act 

or other applicable law, the Regulatory 

Flexibility Act does not require 

certification or the conduct of a 

regulatory flexibility analysis for this 

rule. 

E. Paperwork Reduction Act 

This rulemaking imposes no new 

information or recordkeeping 

requirements. Accordingly, OMB 

clearance is not required under the 

Paperwork Reduction Act. (44 U.S.C. 

3501 et seq.) 

F. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments and the private sector. For 

proposed regulatory actions likely to 

result in a rule that may cause 

expenditures by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish estimates of the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a), (b)) 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate.’’ UMRA 

also requires an agency plan for giving 

notice and opportunity for timely input 

to small governments that may be 

affected before establishing a 

requirement that might significantly or 

uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA (62 FR 12820) (also available at 

http://www.gc.doe.gov). Today’s interim 

final rule contains neither an 

intergovernmental mandate nor a 

mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

G. Treasury and General Government 

Appropriations Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s rule would have no impact on 

the autonomy or integrity of the family 

as an institution. Accordingly, DOE has 

concluded that it is unnecessary to 

prepare a Family Policymaking 

Assessment. 

H. Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

executive order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. DOE has 

examined this interim final rule and 

determined that it would not preempt 

State law and would have no 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. Executive Order 

13132 requires no further action. 

I. Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity, (2) write 

regulations to minimize litigation, 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard, and (4) promote simplification 

and burden reduction. Regarding the 

review required by section 3(a), section 

3(b) of Executive Order 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation (1) clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; 

(3) provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; 

(4) specifies the retroactive effect, if any; 

(5) adequately defines key terms; and 

(6) addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

sections 3(a) and 3(b) to determine 

whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this rule meets 

the relevant standards of Executive 

Order 12988. 

J. Treasury and General Government 

Appropriations Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516 note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed today’s notice under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB a Statement 

of Energy Effects for any proposed 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation an 

interim final rule, and that (1) is a 

significant regulatory action under 

Executive Order 12866, or any successor 

order; and (2) is likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy; or (3) is 

designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

Today’s regulatory action is not a 

significant regulatory action under 

Executive Order 12866 or any successor 

order; would not have a significant 

adverse effect on the supply, 

distribution, or use of energy; and has 

not been designated by the 

Administrator of OIRA as a significant 


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11422 Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / Rules and Regulations 

energy action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

L. Executive Order 12630 

Pursuant to Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 15, 1988), 

DOE has determined that this rule 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

M. Section 32 of the Federal Energy 

Administration Act of 1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91), the Department of Energy must 

comply with section 32 of the Federal 

Energy Administration Act of 1974 

(Pub. L. 93–275), as amended by the 

Federal Energy Administration 

Authorization Act of 1977 (Pub. L. 95– 

70). (15 U.S.C. 788) Section 32 provides 

that where a proposed rule authorizes or 

requires use of commercial standards, 

the notice of proposed rulemaking must 

inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the Department of Justice 

and the Federal Trade Commission 

concerning the impact of the 

commercial or industry standards on 

competition. This interim final rule 

does not authorize or require the use of 

any commercial standards. Therefore, 

no consultation with either DOJ or FTC 

is required. 

N. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this interim final rule. 

List of Subjects in 10 CFR Part 440 

Administrative practice and 

procedure, Aged, Energy conservation, 

Grant programs—energy, Grant 

programs—housing and community 

development, Housing standards— 

Indians, Individuals with disabilities, 

Reporting and recordkeeping 

requirements, Weatherization. 

Issued in Washington, DC, on February 4, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

■ For the reasons stated in the preamble, 

DOE is amending Part 440 of chapter II 

of title 10, Code of Federal Regulations, 

as set forth below: 

PART 440—WEATHERIZATION 

ASSISTANCE FOR LOW-INCOME 

PERSONS 

■ 1. The authority citation for Part 440 

continues to read as follows: 

Authority: 42 U.S.C. 6861 et seq.; 42 U.S.C. 

7101 et seq. 

■ 2. Section 440.2 is amended by adding 

a new paragraph (e) to read as follows: 

§ 440.2 Administration of grants. 

* * * * * 

(e)(1) States, Tribes and their 

subawardees, including, but not limited 

to subrecipients, subgrantees, 

contractors and subcontractors that 

participate in the program established 

under this Part are required to treat all 

requests for information concerning 

applicants and recipients of WAP funds 

in a manner consistent with the Federal 

government’s treatment of information 

requested under the Freedom of 

Information Act (FOIA), 5 U.S.C. 552, 

including the privacy protections 

contained in Exemption (b)(6) of the 

FOIA, 5 U.S.C. 552(b)(6). Under 5 U.S.C. 

552(b)(6), information relating to an 

individual’s eligibility application or 

the individual’s participation in the 

program, such as name, address, or 

income information, are generally 

exempt from disclosure. 

(2) A balancing test must be used in 

applying Exemption (b)(6) in order to 

determine: 

(i) Whether a significant privacy 

interest would be invaded; 

(ii) Whether the release of the 

information would further the public 

interest by shedding light on the 

operations or activities of the 

Government; and 

(iii) Whether in balancing the privacy 

interests against the public interest, 

disclosure would constitute a clearly 

unwarranted invasion of privacy. 

(3) A request for personal information 

including but not limited to the names, 

addresses, or income information of 

WAP applicants or recipients would 

require the State or other service 

provider to balance a clearly defined 

public interest in obtaining this 

information against the individuals’ 

legitimate expectation of privacy. 

(4) Given a legitimate, articulated 

public interest in the disclosure, States 

and other service providers may release 

information regarding recipients in the 

aggregate that does not identify specific 

individuals. However, a State or service 

provider must apply an FOIA 

Exemption (b)(6) balancing test to any 

request for information that can not be 

satisfied by such less-intrusive methods. 

[FR Doc. 2010–5195 Filed 3–10–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0656; Directorate 

Identifier 2009–NM–038–AD; Amendment 

39–16056; AD 2009–22–05] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

the products listed above. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated 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: 

There have been several cases of wing 

leading edge anti-ice piccolo duct failure 

reported on CL–600–2B19 (CRJ) aircraft. 

Upon investigation, it was determined that 

ducts manufactured since May 2000 are 

susceptible to cracking due to the process 

used to drill holes in the ducts. This cracking 

may cause air leakage, with a possible 

adverse effect on the anti-ice air distribution 

pattern and anti-ice capability, without 

annunciation to the flight crew [and 

consequent reduced controllability of the 

airplane]. 

* * * * * 

It has subsequently been determined that 

faulty ducts may also have been installed in 

a number of leading edge assemblies built as 

spares and whose current locations are not 

specifically known. * * * 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

April 15, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 15, 2010. 


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