42610 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 

2. Section 201.72 is revised to read as 

follows: 

§ 201.72 Scales; testing of. 

(a) As a stockyard owner, swine 

contractor, market agency, dealer, 

packer, or live poultry dealer who 

weighs livestock, live poultry, or feed 

for purposes of purchase, sale, 

acquisition, payment, or settlement of 

livestock or live poultry, or who weighs 

livestock carcasses for the purpose of 

purchase on a carcass weight basis, or 

who furnishes scales for such purposes, 

you must have your scales tested by 

competent persons at least twice during 

each calendar year. As a scale owner, 

you must complete the first of the two 

scale tests between January 1 and June 

30 of the calendar year. The remaining 

scale test must be completed between 

July 1 and December 31 of the calendar 

year. You must have a minimum period 

of 120 days between these two tests. 

More frequent testing will be required in 

cases where the scale does not maintain 

accuracy between tests. 

(b) As a stockyard owner, swine 

contractor, market agency, dealer, 

packer, or live poultry dealer who 

weighs livestock, livestock carcasses, 

live poultry, or feed for purposes of 

purchase, sale, acquisition, payment, or 

settlement of livestock, livestock 

carcasses or live poultry, you must 

furnish reports of tests and inspections 

on forms approved by the 

Administrator. You must retain one 

copy of the test and inspection report 

for yourself, and file a second copy with 

the P&SP regional office for the 

geographical region where the scale is 

located. 

(c) When scales used for weighing 

livestock, livestock carcasses, live 

poultry, or feed are tested and inspected 

by a State agency, municipality, or other 

governmental subdivision, the forms 

used by such agency for reporting such 

scale tests and inspections may be 

accepted in lieu of the forms approved 

for this same purpose by the 

Administrator if the forms contain 

substantially the same information. 

J. Dudley Butler, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. E9–20337 Filed 8–21–09; 8:45 am] 

BILLING CODE 3410–KD–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0821; Directorate 

Identifier 2008–NE–20–AD] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company (GE) CF34–8E Series 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) for GE CF34–8E series 

turbofan engines with certain part 

number (P/N) full authority digital 

electronic controls (FADECs) installed. 

That AD currently requires removing 

certain P/N FADECs. This proposed 

superseding AD would require removal 

of 12 more P/Ns of FADECs. This 

proposed AD results from 20 additional 

reports received of loss of thrust control 

events since AD 2008–16–01 was 

issued. We are proposing this AD to 

prevent loss of thrust control of the 

airplane. 

DATES: We must receive any comments 

on this proposed AD by October 23, 

2009. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: 

Alan Strom, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposal. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA– 

2008–0821; Directorate Identifier 2008– 

NE–20–AD’’ in the subject line 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 with FAA 

personnel concerning this proposed AD. 

Using the search function of the Web 

site, anyone can find and read the 

comments in any of our dockets, 

including, if provided, the name of the 

individual who sent the comment (or 

signed the comment on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78). 

Examining the AD 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 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is the 

same as the Mail address provided in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

Discussion 

The FAA proposes to amend 14 CFR 

part 39 by superseding AD 2008–16–01, 

Amendment 39–15619 (73 FR 44628, 

July 31, 2008). That AD requires 

removal of certain P/N FADECs. That 

AD was the result of six loss of thrust 

control events from the same software 

fault scenario. That condition, if not 

corrected, could result in loss of thrust 

control of the airplane. 

Actions Since AD 2008–16–01 Was 

Issued 

Since AD 2008–16–01 was issued, we 

have received 20 additional reports of 

loss of thrust control events, totaling 26 

events to-date. Those loss of thrust 

control events were due to fuel metering 

valve feedback faults caused by 

connector pin micro-arcing. As a result 


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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 42611 

we certified further FADEC software 

improvements. Removal of the 12 

additional FADEC P/Ns will result in 

the removal of all FADEC software 

versions prior to version 8Ev5.41. The 

original purpose of software version 

8Ev5.40 was to mitigate the effect of 

such faults. The improvements prevent 

loss of thrust control by detecting 

erroneous fuel metering valve feedback 

signals. No loss of thrust control events 

due to pin arcing have occurred with 

the software version 8Ev5.41 

improvements incorporated into the 

FADECs. 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to exist or 

develop on other products of this same 

type design. For that reason, we are 

proposing this AD which would require 

removal of FADEC P/Ns 4120T00P31, 

4120T00P32, 4120T00P41, 4120T00P42, 

4120T00P43, 4120T00P44, 4120T00P47, 

4120T00P48, 111E9320G32, 

111E9320G33, 111E9320G42, 

111E9320G43, 111E9320G44, 

111E9320G45, 111E9320G48, and 

111E9320G49, within 660 flight hours 

time-in-service after the effective date of 

the proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 273 engines installed on 

airplanes of U.S. registry. We also 

estimate that it would take about one 

work-hour per engine to perform the 

proposed actions, and that the average 

labor rate is $80 per work-hour, with a 

parts cost per engine of $55. Based on 

these figures, we estimate the total cost 

of the proposed AD to U.S. operators to 

be $36,855. This cost estimate is 

independent of any possible warranty 

coverage. 

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 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 AD: 

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. Would 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. See the ADDRESSES

section for a location to examine the 

regulatory evaluation. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Under the authority delegated to me 

by the Administrator, the Federal 

Aviation Administration 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 Amendment 39–15619 (73 FR 

44628, July 31, 2008) and by adding a 

new airworthiness directive to read as 

follows: 

General Electric Company: Docket No. FAA– 

2008–0821; Directorate Identifier 2008– 

NE–20–AD. 

Comments Due Date 

(a) The Federal Aviation Administration 

(FAA) must receive comments on this 

airworthiness directive (AD) action by 

October 23, 2009. 

Affected ADs 

(b) This AD supersedes AD 2008–16–01, 

Amendment 39–15619. 

Applicability 

(c) This AD applies to General Electric 

Company (GE) CF34–8E series turbofan 

engines with full authority digital electronic 

controls (FADECs), part numbers (P/Ns) 

4120T00P31, 4120T00P32, 4120T00P41, 

4120T00P42, 4120T00P43, 4120T00P44, 

4120T00P47, 4120T00P48, 111E9320G32, 

111E9320G33, 111E9320G42, 111E9320G43, 

111E9320G44, 111E9320G45, 111E9320G48, 

or 111E9320G49 installed. These engines are 

installed on, but not limited to, Empresa 

Brasileira de Aeronautica S.A. (EMBRAER) 

ERJ 170 series airplanes. 

Unsafe Condition 

(d) This AD results from 20 additional 

reports received of loss of thrust control 

events since AD 2008–16–01 was issued. We 

are issuing this AD to prevent loss of thrust 

control of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified unless the 

actions have already been done. 

Removal of CF34–8E FADEC Versions Prior 

to 8Ev5.41 

(f) Within 660 flight hours time-in-service 

(TIS) after the effective date of this AD, 

remove FADEC P/Ns 4120T00P31, 

4120T00P32, 4120T00P41, 4120T00P42, 

4120T00P43, 4120T00P44, 4120T00P47, 

4120T00P48, 111E9320G32, 111E9320G33, 

111E9320G42, 111E9320G43, 111E9320G44, 

111E9320G45, 111E9320G48, and 

111E9320G49. 

Installation Prohibition 

(g) After 660 hours TIS after the effective 

date of this AD, do not install any FADEC P/ 

N 4120T00P31, 4120T00P32, 4120T00P41, 

4120T00P42, 4120T00P43, 4120T00P44, 

4120T00P47, 4120T00P48, 111E9320G32, 

111E9320G33, 111E9320G42, 111E9320G43, 

111E9320G44, 111E9320G45, 111E9320G48, 

or 111E9320G49 onto any GE CF34–8E series 

engine. 

Alternative Methods of Compliance 

(h) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(i) Contact Alan Strom, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine & Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199, for more 

information about this AD. 

(j) Guidance on removal and replacement 

with an FAA-approved FADEC software 

version can be found in GE Alert Service 

Bulletin No. CF34–8E–AL S/B 73–A0020, 

dated November 12, 2008. 


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42612 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 

Issued in Burlington, Massachusetts, on 

August 17, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–20281 Filed 8–21–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 147 

[Docket No. USCG–2009–0571] 

RIN 1625–AA00 

Safety Zone; BW PIONEER at Walker 

Ridge 249, Outer Continental Shelf 

FPSO, Gulf of Mexico 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

safety zone around the BW PIONEER, a 

Floating Production, Storage and 

Offloading (FPSO) system, at Walker 

Ridge 249 on the Outer Continental 

Shelf. The purpose of the safety zone is 

to protect the FPSO from vessels 

operating outside the normal shipping 

channels and fairways. Placing a safety 

zone around the FPSO will significantly 

reduce the threat of allisions, oil spills, 

and releases of natural gas, and thereby 

protect the safety of life, property, and 

the environment. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before October 23, 2009. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0571 using any 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 four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Dr. Madeleine 

McNamara, U.S. Coast Guard, District 

Eight Waterways Management 

Coordinator; telephone 504–671–2103, 

madeleine.w.mcnamara @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–2009–0571), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via 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 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 telephone 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 Rule’’ and insert 

‘‘USCG–2009–0571’’ 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 8 by 11 

inches, suitable for copying and 

electronic filing. If you submit 

comments 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– 

0571 and click ‘‘Search.’’ Click 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 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 a 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 by using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting 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 proposed safety zone is in the 

deepwater area of the Gulf of Mexico in 

Walker Ridge 249 with a center point at 

26°41′46.25′′ N and 090°30′30.16′′ W. 

For the purpose of this regulation, the 

deepwater area is considered to be 

waters of 304.8 meters (1,000 feet) or 

greater depth, extending to the limits of 

the Exclusive Economic Zone (EEZ). 

The United States EEZ extends from the 

baseline up to 200 nautical miles and is 

contiguous to the territorial sea of the 

United States. Navigation in the vicinity 

of the safety zone consists of large 

commercial shipping vessels, fishing 

vessels, cruise ships, tugs with tows and 


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