59606 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations 

let their accreditation lapse. We have 

discovered that we need additional time 

to reach out to such veterinarians to 

ensure that they are aware of the new 

requirements. We have also found that 

some veterinarians who received 

notification did not understand what 

the notification meant, and we plan to 

work to clarify the new requirements for 

currently accredited veterinarians in the 

coming months. 

Therefore, this document announces 

that currently accredited veterinarians 

may continue to perform accredited 

duties until further notice, even if they 

have not received a date for their first 

accreditation renewal from APHIS. We 

will also allow currently accredited 

veterinarians to continue to elect to 

participate in the NVAP. 

We currently expect to be able to 

process all the elections to participate 

we have received by March 2011. When 

we are closer to reaching this goal, we 

will publish another document in the 

Federal Register that will amend 

§ 161.3(d) to indicate the date by which 

veterinarians must elect to continue to 

participate in the NVAP. 

Done in Washington, DC, this 17th day 

of September 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–24294 Filed 9–27–10; 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0941; Directorate 

Identifier 2010–CE–051–AD; Amendment 

39–16453; AD 2010–20–18] 

RIN 2120–AA64 

Airworthiness Directives; Pacific 

Aerospace Limited Models FU24–954 

and FU24A–954 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Investigation of a recent accident has 

indicated it is possible to exceed the aircraft 

aft C of G limits during parachute operations. 

It is the responsibility of the pilot in 

command to ensure that the aircraft is loaded 

within the approved weight and balance 

limitations and these limitations are not 

exceeded throughout the flight. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

October 18, 2010. 

We must receive comments on this 

AD by November 12, 2010. 

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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

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

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket 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: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; fax: (816) 

329–4090. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Civil Aviation Authority (CAA), 

which is the aviation authority for New 

Zealand, has issued AD DCA/FU24/179, 

dated September 10, 2010 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Investigation of a recent accident has 

indicated it is possible to exceed the aircraft 

aft C of G limits during parachute operations. 

It is the responsibility of the pilot in 

command to ensure that the aircraft is loaded 

within the approved weight and balance 

limitations and these limitations are not 

exceeded throughout the flight. 

The MCAI requires amending the 

airplane flight manual (AFM) to restrict 

maximum occupancy of the cabin aft of 

F.S 118.84 to 6 persons and requires 

doing a weight and balance calculation 

for any parachuting operation to ensure 

the aircraft center of gravity (C of G) will 

remain within AFM limits for the 

duration of the flight. You may obtain 

further information by examining the 

MCAI in the AD docket. 

FAA’s Determination and Requirements 

of the AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we evaluated all 

information provided by the State of 

Design Authority and determined the 

unsafe condition exists and is likely to 

exist or develop on other products of the 

same type design. 

Differences Between This AD and the 

MCAI 

We have reviewed the MCAI and, in 

general, agree with its substance. But we 

might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI. 

We might have also required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are described in a 

separate paragraph of the AD. These 

requirements take precedence over 

those copied from the MCAI. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because a recent accident indicates 

it is possible to exceed the aircraft aft C 

of G limits during parachute-drop 

operations. Exceeding C of G limits 

could result in loss of control of the 

aircraft. Therefore, we determined that 

notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

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Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations 59607 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2010–0941; 

Directorate Identifier 2010–CE–051–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because 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 we receive 

about this AD. 

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 determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD 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. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

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 a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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: 

2010–20–18 Pacific Aerospace Limited: 

Amendment 39–16453; Docket No. 

FAA–2010–0941; Directorate Identifier 

2010–CE–051–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 18, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Pacific Aerospace 

Limited Models FU24–954 and FU24A–954 

airplanes, all serial numbers, that are: 

(1) Certificated in any category; and 

(2) Modified to conduct parachute 

operations. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 8: Leveling and Weighing. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Investigation of a recent accident has 

indicated it is possible to exceed the aircraft 

aft C of G limits during parachute operations. 

It is the responsibility of the pilot in 

command to ensure that the aircraft is loaded 

within the approved weight and balance 

limitations and these limitations are not 

exceeded throughout the flight. 

The MCAI requires amending the airplane 

flight manual (AFM) to restrict maximum 

occupancy of the cabin aft of F.S 118.84 to 

6 persons and requires doing a weight and 

balance calculation for any parachuting 

operation to ensure the aircraft center of 

gravity (C of G) will remain within AFM 

limits for the duration of the flight. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Before further parachute-drop 

operations as of October 18, 2010 (the 

effective date of this AD) do the following: 

(i) Amend the airplane flight manual 

(AFM) to restrict maximum occupancy of the 

cabin aft of F.S 118.84 to 6 persons. This may 

be done by inserting a copy of this AD into 

the AFM adjacent to the applicable 

supplement for parachuting operations; and 

(ii) Fabricate a placard at least 2 by 4 

inches (using at least 1⁄8 inch letters) and 

install the placard in 2 places, one on each 

side of the aft cabin, nominally in view of all 

occupants as they enter and occupy the cabin 

which states the following: Maximum 

occupancy of this cabin limited to 6 persons 

for parachuting operations. Weight and 

Balance must be confirmed for each flight. 

(2) Before any parachute-drop operation as 

of October 18, 2010 (the effective date of this 

AD) the weight and balance calculation must 

comply with the following limitations and 

establish that the aircraft C of G will remain 

within AFM limits for the duration of the 

flight: 

(i) Use actual weights for all occupants and 

their equipment to do the calculation; 

(ii) Account for the positions of all 

occupants in the calculation. Do the 

calculation with the occupants’ (parachuting 

group) positions at the most aft positions that 

result from the rearmost members of the 

group sitting against the aft cabin wall and 

subsequent occupants located immediately 

forward of them, unless a means of restraint 

is provided to prevent the occupants moving 

rearwards from their normal position; and 

(iii) Keep a record of the C of G 

determination for each parachuting 

operation. 

FAA AD Differences 

Note: This AD differs from the MCAI as 

follows: No differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

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59608 Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / Rules and Regulations 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Civil Aviation Authority 

of New Zealand AD DCA/FU24/179, dated 

September 10, 2010, for related information. 

Issued in Kansas City, Missouri, on 

September 21, 2010. 

Patrick R. Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–24117 Filed 9–27–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0428; Airspace 

Docket No. 10–AEA–13] 

Amendment of Class D and E 

Airspace; Establishment of Class E 

Airspace; Patuxent River, MD 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class D 

and E Airspace at Patuxent River Naval 

Air Station (NAS), Patuxent River, MD, 

to reflect the part-time operating status 

of the control tower, and establishes 

Class E airspace designated as surface 

areas to accommodate Standard 

Instrument Approach Procedures 

(SIAPs) developed for the NAS. This 

action also corrects the geographical 

coordinates of the NAS and combines 

two airspace descriptions. This action 

will enhance the safety and 

management of IFR operations at 

Patuxent River NAS (Trapnell Field). 

DATES: Effective 0901 UTC, January 13, 

2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

On August 9, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class D and E airspace, and establish 

Class E surface airspace at Patuxent 

River NAS (Trapnell Field), Patuxent 

River, MD (75 FR 47736) Docket No. 

FAA–2010–0428. Subsequent to 

publication the FAA received a request 

from the National Aeronautical 

Navigation Services to correct the 

geographic coordinates of the airfield, 

and for charting purposes, combine two 

closely located descriptions in both 

Class E airspace areas at Patuxent River 

NAS, Patuxent River, MD. This action 

makes these corrections. With the 

exception of editorial changes, and the 

changes described above this rule is the 

same as that proposed in the NPRM. 

Interested persons were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. Class D and E airspace 

designations are published in paragraph 

5000, 6002, and 6004 of FAA Order 

7400.9U dated August 18, 2010, and 

effective September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class D airspace and Class E 

airspace designated as an extension to 

Class D surface area at Patuxent River 

NAS (Trapnell Field), Patuxent River, 

MD, to reflect the part-time operations 

of the airport control tower, establishing 

in advance the dates and times by a 

Notice to Airmen, and establishes Class 

E surface area airspace to provide 

controlled airspace required to support 

the SIAPs developed for Patuxent River 

NAS. The geographic coordinates of 

Patuxent River NAS (Trapnell Field) 

will be corrected to coincide with the 

FAA’s National Aeronautical Navigation 

Services. The Class E surface area 

airspace and Class E airspace designated 

as extensions to Class D surface area 

233° and the 235° radials will be 

combined to coincide with aeronautical 

charting. 

Class D airspace designations, Class E 

surface airspace designations and Class 

E airspace designations as extensions to 

a Class D surface area are published in 

Paragraph 5000, 6002, and 6004 

respectively, of FAA Order 7400.9U, 

dated August 18, 2010, and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a Regulatory 

Evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of airspace necessary to ensure 

the safety of aircraft and the efficient 

use of airspace. This regulation is 

within the scope of that authority as it 

amends Class D and existing Class E 

airspace and establishes Class E airspace 

designated as surface areas at Patuxent 

River NAS (Trapnell Field), Patuxent 

River, MD. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND CLASS E AIRSPACE 

AREAS; AIR TRAFFIC SERVICE 

ROUTES; AND REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

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