Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Proposed Rules 41815 

Comments Due Date 

(a) We must receive comments by October 

5, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model MD–11 and 

MD–11F airplanes, certificated in any 

category, as identified in Boeing Service 

Bulletin MD11–28–126, Revision 1, dated 

June 18, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD results from fuel system 

reviews conducted by the manufacturer. The 

Federal Aviation Administration is issuing 

this AD to reduce the potential of ignition 

sources inside fuel tanks, which, in 

combination with flammable fuel vapors, 

could result in fuel tank explosions and 

consequent loss of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 60 months after the effective 

date of this AD: Do the actions specified in 

paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and 

(g)(5) of this AD, and do all applicable 

corrective actions, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin MD11–28–126, Revision 1, 

dated June 18, 2009, except as required by 

paragraph (h) of this AD. Do all applicable 

corrective actions before further flight. 

(1) Do a general visual inspection to 

determine if wires touch the upper surface of 

the center upper auxiliary fuel tank, and 

mark the location, as applicable. 

(2) Do a detailed inspection for splices and 

damage of all wire bundles above the center 

upper auxiliary fuel tank. 

(3) Do a detailed inspection for damage 

(burn marks) on the upper surface of the 

center upper auxiliary fuel tank. 

(4) Do a detailed inspection for damage 

(burn marks) on the fuel vapor barrier seal. 

(5) Install nonmetallic barrier/shield 

sleeving, new clamps, new attaching 

hardware, and a new extruded channel. 

(h) If damage (burn marks) is found on the 

upper surface of the center upper auxiliary 

fuel tank during any inspection required by 

paragraph (g)(3) of this AD, and Boeing 

Service Bulletin MD11–28–126, Revision 1, 

dated June 18, 2009, specifies to contact 

Boeing for repair instructions: Before further 

flight, repair the auxiliary fuel tank using a 

method approved in accordance with the 

procedures specified in paragraph (j)(3) of 

this AD. 

Actions Accomplished According to 

Previous Issue of Service Bulletin 

(i) Actions accomplished before the 

effective date of this AD according to Boeing 

Service Bulletin MD11–28–126, dated March 

3, 2009, are considered acceptable for 

compliance with the corresponding actions 

specified in this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Los Angeles Aircraft 

Certification Office (ACO), 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: 

Samuel Lee, Aerospace Engineer, Propulsion 

Branch, ANM–140L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5262; fax (562) 

627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair of 

the center upper auxiliary tank required by 

this AD, if it is approved by a Structures 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on August 

4, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–19850 Filed 8–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Parts 652, 661, 662, 663, 664 

and 667 

RIN 1205–AB46 

Workforce Investment Act 

Amendments 

AGENCY: Employment and Training 

Administration (ETA), Labor. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The Department of Labor 

(DOL or Department) is announcing the 

withdrawal of the proposed rule that 

was published in the Federal Register 

on December 20, 2006 (71 FR 76558) 

relating to policy changes to the 

Workforce Investment Act and WagnerPeyser Act Regulations. The Department 

no longer considers this proposed rule 

viable for final action at this time. 

DATES: Effective August 19, 2009, the 

Department withdraws the proposed 

rule published on December 20, 2006, at 

71 FR 76558. 

FOR FURTHER INFORMATION CONTACT: 

Thomas M. Dowd, Administrator, Office 

of Policy Development and Research, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room N–5641, Washington, DC 20210, 

telephone: (202) 693–3700 (this is not a 

toll-free number). 

Individuals with hearing or speech 

impairments may access the telephone 

number above via TTY by calling the 

toll-free Federal Information Relay 

Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Workforce Investment Act (WIA) 

enacted in August 1998, reformed 

Federal job training programs and 

created a new, comprehensive 

workforce investment system. The 

legislation replaced the Job Training 

Partnership Act and amended the 

Wagner-Peyser Act. WIA authorization 

for appropriations expired on 

September 30, 2003. Although WIA 

reauthorization bills passed the House 

and the Senate, the reauthorization 

legislation was not enacted, and 

Congress continued to annually 

authorize and fund these programs 

through annual appropriations. 

In the absence of reauthorizing 

legislation, the Department published a 

Notice of Proposed Rulemaking (NPRM) 

on December 20, 2006, to implement 

several policy changes to the Workforce 

Investment Act and Wagner-Peyser Act 

regulations. (71 FR 76558). 

Subsequently, in February 2007, 

Congress enacted language in the 

revised Continuing Resolution (Pub. L. 

110–5, sec. 20601(a)(4)), prohibiting the 

Department from finalizing or 

implementing any proposed regulations 

under the Workforce Investment Act 

until legislation reauthorizing the Act is 

enacted. The prohibition has been 

reenacted annually, most recently in the 

Department of Labor Appropriations 

Act, 2009 (Pub. L. 111–8, Div. G, sec. 

110). 

II. Withdrawal of the Proposed Rule 

The Department has decided to 

withdraw the proposed rule based upon 

the continuing Congressional 

prohibition against publishing a rule 

until the Workforce Investment Act is 

reauthorized. The Department notes, 


CPrice-Sewell on DSK1DXX6B1PROD with PROPOSALS
41816 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Proposed Rules 

however, that the withdrawal of this 

proposed rule does not preclude it from 

reinstituting rulemaking concerning the 

issues addressed in the proposal at a 

future date. Should a future rulemaking 

ensue, the Department will provide a 

new opportunity for public comment on 

such a proposal. 

Signed at Washington, DC, this 12th day of 

August 2009. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. E9–19801 Filed 8–18–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0670] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Franklin Canal, Franklin, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the regulation governing the 

operation of the Chatsworth Road swing 

span bridge across the Franklin Canal, 

mile 4.8, at Franklin, St. Mary Parish, 

Louisiana. The St. Mary Parish 

Government has requested that the 

operating regulation of the Chatsworth 

Road swing span bridge be changed in 

order for the bridge not to have to be 

continuously manned by a draw tender. 

This change would allow the bridge to 

remain unmanned during most of the 

day by requiring a one-hour notice for 

an opening of the draw between 5 a.m. 

and 9 p.m. daily. Currently the bridge 

opens on signal during this time period. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

October 19, 2009. Requests for public 

meetings must be received by the Coast 

Guard on or before September 3, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0670 using one of the following 

methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instruction on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Phil Johnson, Bridge 

Administration Branch, Eighth Coast 

Guard District; telephone 504–671– 

2128, e-mail Philip.R.Johnson@uscg.mil. 

If you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0670), 

indicate the specific section of this 

document to which each comment 

applies, and provide the reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered as having been received by 

the Coast Guard when you successfully 

transmit the comment. If you fax, hand 

deliver, or mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2009–0670’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 8c by 11 

inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2009– 

0670’’ and click ‘‘Search.’’ Click on the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review the 

Privacy Act notice regarding our public 

dockets in the January 17, 2008 issue of 

the Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one on or before September 3, 2009 

using one of the four methods specified 

under ADDRESSES. Please explain why 

one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

The St. Mary Parish Government has 

requested that the operating regulation 

of the Chatsworth Road swing span 

bridge, located on the Franklin Canal at 

mile 4.8 in Franklin, St. Mary Parish, 


CPrice-Sewell on DSK1DXX6B1PROD with PROPOSALS