This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

41096 

Vol. 74, No. 156 

Friday, August 14, 2009 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 110 

[NRC–2008–0567] 

RIN 3150–AI16 

Export and Import of Nuclear 

Equipment and Material; Updates and 

Clarifications 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule: reopening of 

comment period for information 

collection. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is reopening the 

comment period specific to the 

information collection aspects of a 

proposed rule published on June 23, 

2009 (74 FR 29614), that would amend 

its regulations that govern the export 

and import of nuclear equipment and 

material. The comment period for 

comments specific to the information 

collection aspects of the proposed rule 

closed on July 23, 2009. 

DATES: The comment period for the 

comments specific to the information 

collection aspects of the proposed rule 

is reopened and now closes on 

September 8, 2009. Comments received 

after this date will be considered if it is 

practical to do so, but the Commission 

is able to ensure consideration only for 

the comments received before this date. 

ADDRESSES: Send comments on any 

aspect of these proposed information 

collections, including suggestions for 

reducing the burden and on all issues 

mentioned in the June 23, 2009, 

rulemaking, by September 8, 2009, to 

the Records and FOIA/Privacy Services 

Branch (T–5 F52), U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, or by Internet 

electronic mail to 

INFOCOLLECTS.RESOURCE@NRC.GOV 

and to Christine J. Kymn, the Desk 

Officer, Office of Information and 

Regulatory Affairs, NEOB–10202, 

(3150–0036), Office of Management and 

Budget, Washington, DC 20503. 

Comments received after this date will 

be considered if it is practical to do so, 

but assurance of consideration cannot 

be given to comments received after this 

date. You may also e-mail comments to 

Christine_J._Kymn@omb.eop.gov or 

comment by telephone at (202) 395– 

7345. 

FOR FURTHER INFORMATION CONTACT: 

Brooke G. Smith, International Policy 

Analyst, Office of International 

Programs, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: (301) 415–2347; e-mail: 

brooke.smith@nrc.gov. 

SUPPLEMENTARY INFORMATION: On June 

23, 2009 (74 FR 29614), the Nuclear 

Regulatory Commission (NRC) 

published for public comment a 

proposed rule that would amend its 

regulations that govern the export and 

import of nuclear equipment and 

material. In addition to updating, 

clarifying and correcting several 

provisions, this proposed rule would 

allow Category 1 and 2 quantities of 

materials listed in 10 CFR Part 110, 

Appendix P to be imported under a 

general license. The proposed rule 

would also revise the definition of 

‘‘radioactive waste’’ and remove the 

definition of ‘‘incidental radioactive 

material’’ in 10 CFR part 110. The NRC 

received a request from a stakeholder to 

extend the comment period on the 

information collection aspects of the 

proposed rule. That request is granted. 

The comment period for the information 

collection now closes on September 8, 

2009. 

Dated at Rockville, Maryland, this 6th day 

of August 2009. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E9–19545 Filed 8–13–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27747; Directorate 

Identifier 2007–CE–030–AD] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company 150 and 152 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to revise 

Airworthiness Directive (AD) 2009–10– 

09, which applies to certain Cessna 

Aircraft Company (Cessna) 150 and 152 

series airplanes. AD 2009–10–09 

requires either installing a placard 

prohibiting spins and other acrobatic 

maneuvers in the airplane or replacing 

the rudder stop, the rudder stop 

bumper, and the attachment hardware 

with a new rudder stop modification kit 

and replacing the safety wire with 

jamnuts. Since we issued AD 2009–10– 

09, we became aware of a need to clarify 

certain model and serial number 

designations, remove the duplicate 

requirement of replacing the safety wire 

with jamnuts, and clarify the 

conditional acceptability of using 

Modification Kit part number (P/N) 

SK152–25 as a terminating action to this 

proposed AD. Consequently, this 

proposed AD would retain the actions 

currently required in AD 2009–10–09, 

correct model designation for certain 

serial numbers, remove the duplicate 

requirement of replacing safety wire 

with jamnuts, and clarify the 

conditional acceptability of using 

Modification Kit P/N SK152–25 as a 

terminating action to this proposed AD. 

We are proposing this AD to prevent the 

rudder from traveling past the normal 

travel limit. Operation in this noncertificated control position is 

unacceptable and could cause 

undesirable consequences, such as 

contact between the rudder and the 

elevator. 

DATES: We must receive comments on 

this proposed AD by September 28, 

2009. 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Proposed Rules 41097 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• 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. 

For service information identified in 

this proposed AD, contact Cessna 

Aircraft Company, Product Support, 

P.O. Box 7706, Wichita, KS 67277; 

telephone: (316) 517–5800; fax: (316) 

517–7271; Internet: http:// 

www.cessna.com. 

FOR FURTHER INFORMATION CONTACT: Ann 

Johnson, Aerospace Engineer, FAA, 

Wichita Aircraft Certification Office, 

1801 Airport Road, Room 100, Wichita, 

Kansas 67209; telephone: (316) 946– 

4105; fax: (316) 946–4107; e-mail: 

ann.johnson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2007–27747; Directorate 

Identifier 2007–CE–030–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light 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 

concerning this proposed AD. 

Discussion 

Investigations of two spin accidents 

involving Cessna Model 152 airplanes 

revealed the rudder was found in the 

over-travel position with the stop plate 

hooked over the stop bolt heads. After 

examining the accident airplanes and 

other Cessna Models 150 and 152 

airplanes, accident investigators 

determined that, under certain 

conditions, it is possible to jam the 

rudder past its normal travel limit. The 

jam occurs when the stop plate is forced 

aft of the stop bolt head. The forward 

edge of the stop plate can then become 

lodged under the head of the stop bolt 

causing the rudder to jam in this overtravel position. Recovery from a spin 

may not be possible with the rudder 

jammed beyond the normal rudder 

travel stop limits. This condition caused 

us to issue AD 2009–10–09, 

Amendment 39–15904 (74 FR 22429, 

May 13, 2009) on certain Cessna 150 

and 152 series airplanes. AD 2009–10– 

09 currently requires the following: 

• Installing a placard prohibiting 

spins and other acrobatic maneuvers in 

the airplane; or 

• Replacing the rudder stop, the 

rudder stop bumper, and the attachment 

hardware with a new rudder stop 

modification kit; and 

• Replacing the safety wire with 

jamnuts. 

Since we issued AD 2009–10–09, we 

became aware of a need to clarify 

certain model and serial number 

designations and to remove the 

duplicate requirement to replace safety 

wire with jamnuts since this procedure 

is already included in the modification 

kit instructions. We also became aware 

of a need to clarify the conditional 

acceptability of using Modification Kit 

P/N S152–25 as a terminating action to 

this proposed AD. 

This condition, if not corrected, could 

cause contact between the rudder and 

the elevator and result in loss of control. 

Relevant Service Information 

The service information referenced in 

AD 2009–10–09 is still applicable for 

this proposed AD. 

FAA’s Determination and Requirements 

of the Proposed AD 

We are proposing this AD because we 

evaluated all information and 

determined the unsafe condition 

described previously is likely to exist or 

develop on other products of the same 

type design. This proposed AD would 

revise AD 2009–10–09 with a new AD 

that would retain the actions currently 

required in AD 2009–10–09, correct 

model designation for certain serial 

numbers, remove the duplicate 

requirement to replace the safety wire 

with jamnuts, and clarify the 

conditional acceptability of using the 

P/N SK152–25 kit as a terminating 

action to this proposed AD. This 

proposed AD would require you to use 

the service information described 

previously to perform these actions. 

Costs of Compliance 

We estimate that this AD affects 

17,090 airplanes in the U.S. registry. 

We estimate the following costs to do 

the proposed insertion of the 

operational limitation: 

Labor cost Parts cost Total cost 

per airplane 

Total cost on 

U.S. operators 

1 work-hour × $80 per hour = $80 ........................................................ Not applicable ............................. $80 $1,367,200 

We estimate the following costs to do 

the proposed modification: 

Labor cost Parts cost Total cost per 

airplane 

Total cost on 

U.S. operators 

4 work-hours × $80 per hour = $320 .............................................................................. $90 $410 $7,006,900 

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 

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41098 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Proposed Rules 

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 have 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 that the 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 a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

Examining the AD Docket 

You may examine the AD docket that 

contains the proposed AD, the 

regulatory evaluation, any comments 

received, and other information 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 Docket Office (telephone 

(800) 647–5227) is located at the street 

address stated in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

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 

removing Airworthiness Directive (AD) 

2009–10–09, Amendment 39–15904 (74 

FR 22429, May 13, 2009), and adding 

the following new AD: 

Cessna Aircraft Company: Docket No. FAA– 

2007–27747; Directorate Identifier 2007– 

CE–030–AD. 

Comments Due Date 

(a) We must receive comments on this 

airworthiness directive (AD) action by 

September 28, 2009. 

Affected ADs 

(b) This AD revises AD 2009–10–09, 

Amendment 39–15904. 

Applicability 

(c) This AD applies to the following 

airplane models and serial numbers that are 

certificated in any category: 

Models Serial Nos. 

(1) 150F ....................................... 15061533 through 15064532. 

(2) 150G ...................................... 15064533 through 15064969 and 15064971 through 15067198. 

(3) 150H ....................................... 15067199 through 15069308 and 649. 

(4) 150J ....................................... 15069309 through 15071128. 

(5) 150K ....................................... 15071129 through 15072003. 

(6) 150L ....................................... 15072004 through 15075781. 

(7) 150M ...................................... 15075782 through 15079405. 

(8) A150K .................................... A1500001 through A1500226. 

(9) A150L ..................................... A1500227 through A1500432 and A1500434 through A1500523. 

(10) A150M .................................. A1500524 through A1500734 and 15064970. 

(11) F150F ................................... F150–0001 through F150–0067. 

(12) F150G .................................. F150–0068 through F150–0219. 

(13) F150H .................................. F150–0220 through F150–0389. 

(14) F150J ................................... F150–0390 through F150–0529. 

(15) F150K ................................... F15000530 through F15000658. 

(16) F150L ................................... F15000659 through F15001143. 

(17) F150M .................................. F15001144 through F15001428. 

(18) FA150K ................................ FA1500001 through FA1500081. 

(19) FA150L ................................. FA1500082 through FA1500120. 

(20) FA150L or FRA150L ............ FA1500121 through FA1500261 that are equipped with FKA150–2311 and FKA150–2316, or FRA1500121

through FRA1500261. 

(21) FA150M or FRA150M .......... FA1500262 through FA1500336 that are equipped with FKA150–2311 and FKA150–2316, or FRA1500262 

through FRA1500336. 

(22) 152 ....................................... 15279406 through 15286033. 

(23) A152 ..................................... A1520735 through A1521049, A1500433, and 681. 

(24) F152 ..................................... F15201429 through F15201980. 

(25) FA152 ................................... FA1520337 through FA1520425. 

Note: This AD revision clarifies the 

applicability of AD 2009–10–09, eliminates a 

duplicate requirement for replacement of 

safety wire with jamnuts, and clarifies the 

intent of the conditional acceptability of 

using Modification Kit P/N SK152–25 as a 

terminating requirement to the AD. No 

further action is required for those already in 

compliance with AD 2009–10–09. 

Unsafe Condition 

(d) Aircraft in full conformity with type 

design can exceed the travel limits set by the 

rudder stops. We are issuing this AD to 

prevent the rudder from traveling past the 

normal travel limit. Operation in this noncertificated control position is unacceptable 

and could cause undesirable consequences, 

such as contact between the rudder and the 

elevator. 

Compliance 

(e) To address this problem, you must do 

either the actions in option 1 or option 2 of 

this AD, unless already done: 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Proposed Rules 41099 

Actions Compliance Procedures 

(1) Option 1: For all airplanes that do not have 

modification kits part number (P/N) SK152– 

25A or P/N SK152–24A installed, do the following: 

(i) Insert the following text into the Limitations section of the FAA-approved airplane flight manual (AFM), and pilots operating handbook (POH): ‘‘INTENTIONAL SPINS AND OTHER ACROBATIC/AEROBATIC MANEUVERS PROHIBITED PER AD 2009–10–09. NOTE: 

THIS AD DOES NOT PROHIBIT PERFORMING INTENTIONAL STALLS’’.

Within the next 100 hours time-in-service 

(TIS) after June 17, 2009 (the effective date 

retained from AD 2009–10–09), or within 

the next 12 months after June 17, 2009 

(the effective date retained from AD 2009– 

10–09), whichever occurs first.

A person authorized to perform maintenance 

as specified in 14 CFR section 43.3 of the 

Federal Aviation Administration Regulations 

(14 CFR 43.3) is required to make the AFM 

and POH changes, fabricate the placard required in paragraph (e)(1)(i) of this AD, and 

make an entry into the aircraft logbook 

showing compliance with the portion of the 

AD per compliance with 14 CFR 43.9. 

(ii) Fabricate a placard (using at least 1⁄8- 

inch letters) with the following words and 

install the placard on the instrument 

panel within the pilot’s clear view: ‘‘INTENTIONAL SPINS AND OTHER ACROBATIC/AEROBATIC MANEUVERS 

PROHIBITED PER AD 2009–10–09.’’ 

(iii) The AFM and POH limitations in paragraph (e)(1)(i) of the AD and the placard 

in paragraph (e)(1)(ii) of this AD may be 

removed after either paragraph (e)(2)(i) 

or paragraph (e)(2)(ii) of this AD is done.

(2) Option 2: Install a rudder stop modification 

kit: 

(i) For airplanes with a forged bulkhead, replace the rudder stops, rudder stop 

bumpers, and attachment hardware with 

the new rudder stop modification kit P/N 

SK152–25A, which includes replacing 

the safety wire with jamnuts.

Within the next 100 hours TIS after June 17, 

2009 (the effective date retained from AD 

2009–10–09), or within the next 12 months 

after June 17, 2009 (the effective date retained from AD 2009–10–09), whichever 

occurs first.

Follow Cessna Aircraft Company Service Bulletin SEB01–1, dated January 22, 2001; 

and, as applicable, either Cessna Aircraft 

Company Service Kit SK152–25A, Revision 

A, dated February 9, 2001, or Cessna Aircraft Company Service Kit SK152–24A, Revision A, dated March 9, 2001. 

(ii) For airplanes with a sheet metal bulkhead, replace the rudder stops, rudder 

stop bumpers, and attachment hardware 

with the new rudder stop modification kit 

P/N SK152–24A, which includes replacing the safety wire with jamnuts.

(f) Kit P/Ns SK152–24 and SK152–25, 

which are listed in SEB01–1, were 

superseded by kit P/Ns SK152–24A and 

SK152–25A. Cessna has not revised the 

service bulletin to reflect the new P/Ns. The 

kits P/Ns SK152–24 and SK152–25 will 

automatically be filled with P/Ns SK152–24A 

and SK152–25A, respectively. 

(1) The P/N SK152–24 kit does not address 

the unsafe condition because the nutplate in 

the kit can not be used due to rivet spacing 

on the aft bulkhead. In addition, a note was 

added to kit P/N SK152–24A stating ‘‘some 

airplanes in this serial range may have a 

forged bulkhead installed after leaving the 

factory. Service Kit SK152–25A or later 

revision must be used to modify these 

airplanes.’’ Therefore, kit P/N SK152–24 is 

not allowed for installation for this AD. 

(2) The P/N SK152–25 kit did not address 

the unsafe condition because a washer that 

was too small, P/N NAS1149FN832P, was 

included in the kit. This error was corrected 

in the P/N SK152–25A kit. If a P/N SK152– 

25 kit is installed using the correct washer 

P/N NAS1149F0332P (and this information is 

recorded in the maintenance log), credit will 

be given for installing P/N SK152–25A kit 

because this was the only difference between 

the kits. 

(3) If you previously installed a kit P/N 

SK152–24 or a kit P/N SK152–25 with 

washer P/N NAS1149FN832P, and you 

choose the Option 2 kit installation to 

comply with this AD, then kit P/N SK152– 

24A or either kit P/N SK152–25 with washer 

P/N NAS1149F0332P or kit P/N SK152–25A, 

as applicable, must be installed. 

(4) If a P/N SK152–25 kit was installed 

prior to this AD and the washer P/N used in 

the installation is unknown (not recorded in 

the maintenance log), and you wish to use 

Option 2 to comply with this AD, the washer 

installed in place of P/N NAS1149F0332P 

must be replaced with a washer P/N 

NAS1149F0332P, and this work must be 

recorded in the maintenance log. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, FAA, ATTN: Ann 

Johnson, Aerospace Engineer, FAA, Wichita 

Aircraft Certification Office, 1801 Airport 

Road, Room 100, Wichita, Kansas 67209; 

telephone: (316) 946–4105; fax: (316) 946– 

4107; e-mail: ann.johnson@faa.gov, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 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. 

(h) AMOCs approved for AD 2009–10–09 

are approved for this AD. 

Related Information 

(i) To get copies of the service information 

referenced in this AD, contact Cessna Aircraft 

Company, Product Support, P.O. Box 7706, 

Wichita, KS 67277; telephone: (316) 517– 

5800; fax: (316) 517–7271; Internet: http:// 

www.cessna.com. To view the AD docket, go 

to U.S. Department of Transportation, Docket 

Operations, M–30, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, or on 

the Internet at http://www.regulations.gov. 

Issued in Kansas City, Missouri, on August 

7, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–19498 Filed 8–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

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