Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules 38383 

Eurocopter France: Docket No. FAA–2009– 

0663; Directorate Identifier 2007–SW– 

25–AD. 

Comments Due Date 

(a) We must receive comments by 

September 2, 2009. 

Other Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Eurocopter France 

(Eurocopter) Model AS 332 C, L, L1, and L2; 

AS 350 B3; AS 355 F, F1, F2, and N; SA 365 

N and N1; AS 365 N2 and N3; SA 366 G1; 

EC 130 B4; and EC 155 B and B1 helicopters, 

certificated in any category. 

Reason 

(d) The mandatory continuing 

airworthiness information (MCAI) states that 

the AD is issued following a manufacturing 

nonconformity found on one batch of the 

servo-control cap, part number (P/N) 800137. 

With a defective servo-control, rotation of the 

distributor might not be stopped 

mechanically since only friction of inner 

seals holds the distributor sleeve in its 

position. If not corrected this condition could 

cause untimely movements of servo-controls, 

which are used on main and anti-torque 

rotors, and lead to the loss of control of the 

helicopter. 

Actions and Compliance 

(e) Within 2 months after the effective date 

of this AD, unless already done, do the 

following actions. 

(1) For each servo-control with a P/N and 

a serial number (S/N) listed in paragraph 

1.A.1. of the applicable Eurocopter Alert 

Service Bulletin (ASB) stated in Table 1 of 

this AD, determine whether there is a letter 

‘‘R’’ marked in the inspection box of the 

servo-control identification plate. 

(2) If there is no letter ‘‘R’’ marked in the 

inspection box of a servo-control 

identification plate, on the next removal of 

the servo-control, or not later than 2 years 

after the effective date of this AD, whichever 

occurs first, replace the servo-control with an 

airworthy servo-control that has an ‘‘R’’ 

marked in the inspection box of the servocontrol identification plate or one with a 

serial number not listed in paragraph 1.A.1 

of the ASB applicable to your model 

helicopter. 

Note 1: The letter ‘‘R’’ marked in the 

inspection box of the servo-control 

identification plate indicates that the servocontrol cap assembly has been brought into 

conformity with design data and has been 

installed properly. 

(3) There are 2 identically numbered and 

dated ASBs. There is an ASB No. 67A010, 

dated February 19, 2007, that applies to the 

Model EC130B4 helicopters and an ASB No. 

67A010, dated February 19, 2007, that 

applies to the Model EC 155B and B1 

helicopters. You must use the ASB that 

applies to your model helicopter. 

TABLE 1 

For helicopter model Refer to paragraph 1.A.1 of ASB 

AS 332 C, L, L1, and L2 ..................................................................................................................... No. 67.00.37, dated February 19, 2007. 

AS 350 B3 ........................................................................................................................................... No. 67.00.40, dated February 19, 2007. 

AS 355 F, F1, F2, and N ..................................................................................................................... No. 67.00.28, dated February 19, 2007. 

AS 365 N and N1 ................................................................................................................................ No. 67.00.13, dated February 19, 2007. 

SA 366 G1 ........................................................................................................................................... No. 67.08, dated February 19, 2007. 

EC 130 B4 ........................................................................................................................................... No. 67A010, dated February 19, 2007. 

EC 155B and B1 .................................................................................................................................. No. 67A010, dated February 19, 2007. 

Differences between the FAA AD and the 

MCAI AD 

(f) This AD differs from the MCAI AD in 

that it: 

(1) Is not applicable to the Model AS 332 

C1 helicopters because they are not type 

certificated in the United States; 

(2) Does not require returning the servocontrols to the manufacturer; 

(3) Does not address servo-control ‘‘spares’’ 

(parts not installed on a helicopter); 

(4) Uses the term ‘‘inspect’’ rather than 

‘‘check’’; and 

(5) Includes information explaining that 

there are 2 ASBs with the same number and 

date. 

Other Information 

(g) Alternative Methods of Compliance 

(AMOCs): The Manager, Safety Management 

Group, 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: Uday Garadi, Aviation 

Safety Engineer, Regulations and Policy 

Group, Rotorcraft Directorate, FAA, Fort 

Worth, Texas 76137, telephone (817) 222– 

5123, fax (817) 222–5961. 

Related Information 

(h) MCAI EASA Airworthiness Directive 

2007–0099, dated April 11, 2007, contains 

related information. 

Joint Aircraft System/Component (JASC) 

Code 

(i) JASC Code 6700: Rotorcraft Flight 

Control. 

Issued in Fort Worth, Texas, on July 14, 

2009. 

Judy I. Carl, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–18429 Filed 7–31–09; 8:45 am] 

BILLING CODE 4910–13–P 

POSTAL SERVICE 

39 CFR Part 111 

Advertisements for Animals and Sharp 

Instruments for Use in Animal Fighting 

Ventures Are Nonmailable 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service proposes 

to revise our mailing standards 

pertaining to animal fighting ventures. 

We intend to harmonize our standards 

with section 26 (7 U.S.C. 2156) of the 

Animal Welfare Act as amended by the 

Food, Conservation, and Energy Act of 

2008. 

DATES: Submit comments on or before 

September 2, 2009. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Mailing 

Standards, U.S. Postal Service, 475 

L’Enfant Plaza, SW., Room 3436, 

Washington, DC 20260–3436. You may 

inspect and photocopy all written 

comments at USPS Headquarters 

Library, 475 L’Enfant Plaza, SW., 11th 

Floor N, Washington, DC between 9 a.m. 

and 4 p.m., Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: Bert 

Olsen, 202–268–7276. 

SUPPLEMENTARY INFORMATION: On June 

18, 2008, Congress enacted the Food, 

Conservation, and Energy Act of 2008 

(the 2008 Act) which amended certain 

provisions of the Animal Welfare Act 

pertaining to animal fighting ventures. 

The 2008 Act’s amendments added 

prohibitions on using the mail service of 

the United States (1) to advertise an 

animal for use in an animal fighting 

venture, or (2) to advertise a knife, a 

gaff, or any other sharp instrument 

attached, or designed or intended to be 

attached, to the leg of a bird for use in 

an animal fighting venture. The 2008 

Act also revised the definition of the 

term ‘‘animal fighting venture’’ to refer 

to ‘‘any event, in or affecting interstate 

or foreign commerce’’ involving a fight 

‘‘conducted or to be conducted’’ 

between at least two animals. To 


sroberts on DSKD5P82C1PROD with PROPOSALS
38384 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules 

implement the 2008 Act’s amendments 

and to ensure that our standards 

comport with the current language in 

section 26 (7 U.S.C. 2156) of the Animal 

Welfare Act, we propose the new 

standards below. 

Although we are exempt from the 

notice and comment requirements of the 

Administrative Procedure Act [5 U.S.C. 

553(b), (c)], regarding proposed 

rulemaking by 39 U.S.C. 410(a), the 

Postal Service invites comments on the 

following proposed revision of the 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual, 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR part 

111. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

PART 111—[AMENDED] 

1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) as follows: 

* * * * * 

600 Basic Standards for All Mailing 

Services 

601 Mailability 

* * * * * 

9.0 Perishable 

* * * * * 

9.3 Live Animals 

* * * * * 

[Revise the heading and text of 9.3.1, 

as follows:] 

9.3.1 Prohibition on Animals Intended 

for Use in an Animal Fighting Venture 

An animal is nonmailable if such 

animal is being mailed for the purpose 

of having it participate in an animal 

fighting venture (7 U.S.C. 2156). This 

standard applies regardless of whether 

such venture is permitted under the 

laws of the state in which it is 

conducted. Violators can be subject to 

the criminal penalties in 18 U.S.C. 49. 

See 601.11.20 for the prohibition on 

mailing sharp instruments intended for 

use in an animal fighting venture and 

601.12.5.7 for restrictions on mailing 

written, printed, or graphic matter 

related to animal fighting ventures. 

For this standard: 

a. The term animal means any live 

bird, or any live mammal (e.g., dog), 

except human. 

b. The term animal fighting venture 

means any event, in or affecting 

interstate or foreign commerce, that 

involves a fight conducted or to be 

conducted between at least two animals 

for purposes of sport, wagering, or 

entertainment (excluding any activity 

whose primary purpose involves using 

one or more animals in hunting other 

animals; 

c. The term state means any state of 

the United States, the District of 

Columbia, the Commonwealth of Puerto 

Rico, or any U.S. territory or possession. 

* * * * * 

11.0 Other Restricted and 

Nonmailable Matter 

* * * * * 

[Revise the heading and text of 11.20, 

as follows:] 

11.20 Prohibition on Sharp 

Instruments Intended for Use in an 

Animal Fighting Venture 

The interstate or international mailing 

of a knife, a gaff, or any other sharp 

instrument attached, or designed or 

intended to be attached, to the leg of a 

bird for use in an animal fighting 

venture (as defined in section 

601.9.3.1b) is prohibited (7 U.S.C. 2156). 

Violators can be subject to the criminal 

penalties in 18 U.S.C. 49. See 601.9.3.1 

for the prohibition on mailing animals 

intended for use in an animal fighting 

venture and 601.12.5.7 for the 

restrictions on mailing written, printed, 

or graphic matter related to animal 

fighting ventures. 

* * * * * 

12.0 Written, Printed, and Graphic 

Matter Generally 

* * * * * 

12.5 Other Nonmailable Matter 

* * * * * 

[Revise the heading and text of 12.5.7, 

as follows:] 

12.5.7 Restriction on Matter Related 

to Animal Fighting Ventures 

This standard does not pertain to 

written, printed, or graphic matter 

related to fighting ventures involving 

live birds if such fight is permitted 

under the laws of the state in which the 

fight is to take place (7 U.S.C. 2156). 

The terms animal, animal fighting 

venture, and state are defined in 

601.9.3.1. Written, printed, or graphic 

matter is nonmailable if it: 

a. Advertises an animal for use in an 

animal fighting venture. 

b. Advertises a knife, a gaff, or any 

other sharp instrument attached, or 

designed or intended to be attached, to 

the leg of a bird for use in an animal 

fighting venture. 

c. Promotes or in any other manner 

furthers an animal fighting venture. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR 111 to reflect 

these changes if our proposal is 

adopted. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. E9–18420 Filed 7–31–09; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2009–0482; FRL–8938–7] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; West 

Virginia; Control of Emissions From 

Existing Commercial and Industrial 

Incineration (CISWI) Units, Plan 

Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve a 

revision to the West Virginia (WV) 

commercial and industrial solid waste 

incinerator (CISWI) 111(d)/129 plan (the 

‘‘plan’’). The revision contains a 

modified WV Department of 

Environmental Protection, Division of 

Air Quality (DAQ) rule, WV45CSR18, 

that streamlines the state’s regulatory 

structure for incinerator units into one 

rule which incorporates Clean Air Act 

(CAA), section 129 requirements. This 

approval action relates only to CISWI 

units. In the Final Rules section of this 

Federal Register, EPA is approving the 

State of West Virginia’s CISWI plan 

revision submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

action and anticipate no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 


sroberts on DSKD5P82C1PROD with PROPOSALS