Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules 38381 

small entities should specifically 

discuss: 

(1) The size of the business and how 

the proposed regulation would result in 

a significant economic burden upon it 

as compared to a larger organization in 

the same business community; 

(2) How the proposed regulation 

could be further modified to take into 

account the business’s differing needs or 

capabilities; 

(3) The benefits that would accrue, or 

the detriments that would be avoided, if 

the proposed regulation was modified as 

suggested by the commenter; 

(4) How the proposed regulation, as 

modified, would more closely equalize 

the impact of NRC regulations as 

opposed to providing special advantages 

to any individuals or groups; and 

(5) How the proposed regulation, as 

modified, would still adequately protect 

the public health and safety. 

Comments should be submitted as 

indicated under the ADDRESSES heading. 

XII. Backfit Analysis 

The NRC has determined that the 

backfit rule does not apply to this 

proposed rule because the amendments 

in this rule modify conditions of a 

general license for byproduct material, 

and do not involve any provisions that 

would impose backfits as defined in 10 

CFR 50.109, 70.76, 72.62, and 76.76. 

Therefore, a backfit analysis has not 

been prepared for this proposed rule. 

List of Subjects in 10 CFR Part 31 

Byproduct material, Criminal 

penalties, Labeling, Nuclear materials, 

Packaging and containers, Radiation 

protection, Reporting and recordkeeping 

requirements, Scientific equipment. 

For the reasons set out in the notice 

and under the authority of the Atomic 

Energy Act of 1954, as amended; the 

Energy Reorganization Act of 1974, as 

amended; and 5 U.S.C. 553; the NRC is 

proposing to adopt the following 

amendments to 10 CFR Part 31. 

PART 31—GENERAL DOMESTIC 

LICENSES FOR BYPRODUCT 

MATERIAL 

1. The authority citation for part 31 

continues to read as follows: 

Authority: Secs. 81, 161, 183, 68 Stat. 935, 

948, 954, as amended (42 U.S.C. 2111, 2201, 

2233); secs. 201, as amended, 202, 88 Stat. 

1242, as amended, 1244 (42 U.S.C. 5841, 

5842); sec. 1704, 112 Stat. 2750 (44 U.S.C. 

3504 note); sec. 651(e), Public Law 109–58, 

119 Stat. 806–810 (42 U.S.C. 2014, 2021, 

2021b, 2111). 

2. In § 31.5, paragraph (a) is revised 

and paragraph (b)(3) is added to read as 

follows: 

§ 31.5 Certain detecting, measuring, 

gauging, or controlling devices and certain 

devices for producing light or an ionized 

atmosphere. 

(a) A general license is hereby issued 

to commercial and industrial firms and 

research, educational and medical 

institutions, individuals in the conduct 

of their business, and Federal, State or 

local government agencies to acquire, 

receive, possess, use or transfer, in 

accordance with the provisions of 

paragraphs (b), (c) and (d) of this 

section, byproduct material contained in 

devices designed and manufactured for 

the purpose of detecting, measuring, 

gauging or controlling thickness, 

density, level, interface location, 

radiation, leakage, or qualitative or 

quantitative chemical composition, or 

for producing light or an ionized 

atmosphere, provided that each device 

contains byproduct material in 

quantities less than 1/100th of the 

thresholds listed in Appendix E of 10 

CFR Part 20 for Category 2. 

(b) * * * 

(3) For devices meeting the criteria of 

this general license, but instead held 

under the authority of a specific license, 

all of the terms and conditions of the 

specific license apply in lieu of the 

provisions in this general license. 

* * * * * 

Dated at Rockville, Maryland, this 28th day 

of July 2009. 

For the Nuclear Regulatory Commission. 

Andrew L. Bates, 

Acting Secretary for the Commission. 

[FR Doc. E9–18438 Filed 7–31–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0663; Directorate 

Identifier 2007–SW–25–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France 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 155B 

and B1 Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

specified model helicopters. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by the European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community. The 

MCAI states that the AD is issued 

following a manufacturing 

nonconformity found on one batch of 

the servo-control caps. 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. 

The proposed AD actions are intended 

to address the unsafe condition created 

by a manufacturing nonconformity 

found on one batch of servo-control 

caps. 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. 

DATES: We must receive comments on 

this proposed AD by September 2, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

You may get the service information 

identified in this proposed AD from 

American Eurocopter Corporation, 2701 

Forum Drive, Grand Prairie, TX 75053– 

4005, telephone (972) 641–3460, fax 

(972) 641–3527, or at http:// 

www.eurocopter.com. 

Examining the 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 economic evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Uday Garadi, Aviation Safety Engineer, 

Regulations and Policy Group, FAA, 

Rotorcraft Directorate, Fort Worth, 


sroberts on DSKD5P82C1PROD with PROPOSALS
38382 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Proposed Rules 

Texas 76137, telephone (817) 222–5123, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0663; Directorate Identifier 

2007–SW–25–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 we receive 

about this proposed AD. 

Discussion 

The EASA, which is the technical 

agent for Member States of the European 

Community, has issued EASA AD No. 

2007–0099, dated April 11, 2007 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for 

Eurocopter France 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. The MCAI 

states that the AD is issued following a 

manufacturing nonconformity found on 

one batch of the servo-control cap, part 

number 800137. With a defective servocontrol, 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. You may obtain further 

information by examining the MCAI and 

service information in the AD docket. 

Relevant Service Information 

Eurocopter has issued Alert Service 

Bulletin (ASB) No. 67.00.37 for Model 

AS 332 helicopters, ASB No. 67.00.40 

for Model AS 350 helicopters, ASB No. 

67.00.28 for Model AS 355 helicopters, 

ASB No. 67.00.13 for Model AS 365 and 

SA 365 helicopters, ASB No. 67.08 for 

Model SA 366 helicopters, ASB No. 

67A010 for Model EC 130 helicopters, 

and ASB No. 67A010 for Model EC 155 

helicopters, all Revision 0 and all dated 

February 19, 2007. Two of the ASBs 

have identical numbers and dates. There 

is a separate ASB No. 67A010 with the 

same date for the Model EC130 

helicopter and the Model EC 155 

helicopter. The actions described in the 

MCAI are intended to correct the same 

unsafe condition as that identified in 

the service information. 

FAA’s Determination and Proposed 

Requirements 

These helicopters have been approved 

by the aviation authority of another 

country, and are approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information. We are 

proposing this AD because we evaluated 

all pertinent information and 

determined an unsafe condition exists 

and is likely to exist or develop on other 

products of the same type designs. 

Differences Between This AD and the 

MCAI 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. 

However, our AD differs from the MCAI 

in that it: 

• Is not applicable to the Model AS 

332 C1 helicopters because they are not 

type certificated in the United States; 

• Does not require returning the 

servo-controls to the manufacturer; 

• Does not address servo-control 

‘‘spares’’ (parts not installed on a 

helicopter); 

• Uses the term ‘‘inspect’’ rather than 

‘‘check’’; and 

• Includes information explaining 

that there are 2 ASBs with the same 

number and date—ASB No. 67A010 for 

the Model EC130 B4 helicopters and 

ASB No. 67A010 for the Model EC 155 

B and B1 helicopters. 

Costs of Compliance 

We estimate that this proposed AD 

would affect about 318 helicopters with 

33 non-conforming control cap 

assemblies of U.S. registry. Also, we 

estimate that it would take about 1 

work-hour to inspect each helicopter in 

the fleet and 4 work-hours per 

helicopter to remove and replace an 

unairworthy servo-control. The average 

labor rate is $80 per work-hour. A 

replacement cap assembly would cost 

$15,605. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $550,965, or $1,733 

per helicopter. 

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 

helicopters identified in this rulemaking 

action. 

Regulatory Findings 

We 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 this proposed regulation: 

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. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA 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 AD: 


sroberts on DSKD5P82C1PROD with PROPOSALS
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