Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43049 

TABLE 1 TO § 983.150(d)(2)—INSHELL PISTACHIO LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION

Lot weight 

(lbs.) 

Minimum number 

of incremental 

samples for the 

lot sample 

Total weight of 

lot sample 

(kilograms) 

Weight of test 

sample 

(kilograms) 

220 or less ........................................................................................................... 10 2.0 2.0 

221–440 ............................................................................................................... 15 3.0 3.0 

441–1,100 ............................................................................................................ 20 4.0 4.0

1,101–2,200 ......................................................................................................... 30 6.0 6.0 

2,201–4,400 ......................................................................................................... 40 8.0 8.0 

4,401–11,000 ....................................................................................................... 60 12.0 6.0 

11,001–22,000 ..................................................................................................... 80 16.0 8.0 

22,001–150,000 ................................................................................................... 100 20.0 10.0 

TABLE 2 TO § 983.150(d)(2)—SHELLED PISTACHIO KERNEL LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION

Lot weight 

(lbs.) 

Minimum number 

of incremental 

samples for the 

lot sample 

Total weight of 

lot sample 

(kilograms) 

Weight of test 

sample 

(kilograms) 

220 or less ........................................................................................................... 10 1.0 1.0 

221–440 ............................................................................................................... 15 1.5 1.5 

441–1,100 ............................................................................................................ 20 2.0 2.0

1,101–2,200 ......................................................................................................... 30 3.0 3.0 

2,201–4,400 ......................................................................................................... 40 4.0 4.0 

4,401–11,000 ....................................................................................................... 60 6.0 3.0 

11,001–22,000 ..................................................................................................... 80 8.0 4.0 

22,001–150,000 ................................................................................................... 100 10.0 5.0 

(3) Testing of pistachios. Test samples 

shall be received and logged by an 

accredited laboratory and each test 

sample shall be prepared and analyzed 

using High Pressure Liquid 

Chromatography (HPLC), Vicam Method 

(Aflatest), or other methods as 

recommended by not fewer than eight 

members of the committee and 

approved by the Secretary. The aflatoxin 

level shall be calculated on a kernel 

weight basis. 

(4) Certification of lots ‘‘negative’’ as to 

aflatoxin. (i) Lots which require a single 

test sample will be certified as 

‘‘negative’’ on the aflatoxin certificate if 

the sample has an aflatoxin level at or 

below 15 ppb. If the aflatoxin level is 

above 15 ppb, the lot fails and the 

accredited laboratory shall fill out a 

failed lot notification report as specified 

in §§ 983.52 and 983.152. 

(ii) Lots which require two test 

samples will be certified as ‘‘negative’’ 

on the aflatoxin inspection certificate if 

Test Sample #1 has an aflatoxin level at 

or below 10 ppb. If the aflatoxin level 

of Test Sample #1 is above 20 ppb, the 

lot fails and the accredited laboratory 

shall fill out a failed lot notification 

report as specified in §§ 983.52 and 

983.152. If the aflatoxin level of Test 

Sample #1 is above 10 ppb and at or 

below 20 ppb, the accredited laboratory 

may at the handler’s discretion analyze 

Test Sample #2 and the test results of 

Test Samples #1 and #2 will be 

averaged. Alternately, the handler may 

elect to withdraw the lot from testing, 

rework the lot, and resubmit it for 

testing after reworking. If the handler 

directs the laboratory to proceed with 

the analysis of Test Sample #2, a lot will 

be certified as negative to aflatoxin and 

the laboratory shall issue an aflatoxin 

inspection certificate if the averaged 

results of Test Sample #1 and Test 

Sample #2 is at or below 15 ppb. If the 

averaged aflatoxin level of Test Samples 

#1 and #2 is above 15 ppb, the lot fails 

and the accredited laboratory shall fill 

out a failed lot notification report as 

specified in §§ 983.52 and 983.152. 

(iii) The accredited laboratory shall 

send a copy of the failed lot notification 

report to the Committee and to the 

failed lot’s owner within 10 working 

days of any failure described in this 

section. If the lot is certified as negative 

as described in this section, the 

aflatoxin inspection certificate shall 

certify the lot using a certification form 

identifying each lot by weight, grade, 

and date. The certification expires for 

the lot or remainder of the lot after 12 

months. 

* * * * * 

(6) Test samples that are not used for 

analysis. If a handler does not elect to 

use Test Sample #2 for certification 

purposes, the handler may request that 

the laboratory return it to the handler. 

Dated: July 20, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–18089 Filed 7–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0733; Directorate 

Identifier 2010–CE–038–AD; Amendment 

39–16375; AD 2010–15–09] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–500 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 that will 

supersede an existing AD. 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: 

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It has been found the possibility of heating 

deactivation of Air Data System (ADS) 

sensors due to its inadequate automatic logic, 

when ADS/AOA knob is on AUTO position 

associated with the following messages: 

—DC BUS 1 OFF displayed on Crew Alerting 

System—CAS in conjunction with STBY 

HTR FAIL (which means loss of power on 

DC BUS 1); or 

—EMER BUS OFF displayed on CAS (which 

means loss of power on EMERGENCY 

BUS); or 

—ELEC EMERGENCY displayed on CAS 

(which means Electrical Emergency). 

The loss of airplane air data sensors heating 

may cause ice buildup on their surfaces, 

which in turn may cause wrong pressure 

acquisitions resulting in erroneous flight 

parameters indication to the flight crew. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, an immediate corrective action is 

required. Thus, sufficient reason exists to 

request compliance with this AD in the 

indicated time limit. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

August 12, 2010. 

We must receive comments on this 

AD by September 7, 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 

On November 2, 2009, we issued AD 

2009–23–11, Amendment 39–16085 (74 

FR 58195; November 12, 2009). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued AD 2009–23–11, 

Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER) has issued service bulletin 

500–27–0003, dated May 18, 2010. The 

service bulletin changes flap position 3 

from 36 degrees to 26 degrees. The 

service bulletin also changes flap 

position 3 Vref airspeeds and landing 

distance correction factors. 

Consequently, accomplishing the 

service bulletin necessitates changes to 

the Abnormal Procedures section of the 

FAA-approved airplane flight manual 

(AFM). The AFM changes were not 

included as part of the service bulletin. 

The AGEˆNCIA NACIONAL DE 

AVIAC ̧A ̃ O CIVIL—BRAZIL, which is 

the aviation authority for Brazil, has 

issued AD No.: 2009–10–01R2, dated 

July 28, 2010 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

It has been found the possibility of heating 

deactivation of Air Data System (ADS) 

sensors due to its inadequate automatic logic, 

when ADS/AOA knob is on AUTO position 

associated with the following messages: 

—DC BUS 1 OFF displayed on Crew Alerting 

System—CAS in conjunction with STBY 

HTR FAIL (which means loss of power on 

DC BUS 1); or 

—EMER BUS OFF displayed on CAS (which 

means loss of power on EMERGENCY 

BUS); or 

—ELEC EMERGENCY displayed on CAS 

(which means Electrical Emergency). 

The loss of airplane air data sensors heating 

may cause ice buildup on their surfaces, 

which in turn may cause wrong pressure 

acquisitions resulting in erroneous flight 

parameters indication to the flight crew. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, an immediate corrective action is 

required. Thus, sufficient reason exists to 

request compliance with this AD in the 

indicated time limit. 

This AD action requires inserting 

information into the Abnormal 

Procedures section of the FAA-approved 

AFM. 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 or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their 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 and related 

service information. 

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 the loss of airplane air data 

sensors heating may cause ice buildup 

on their surface. This condition may 

cause wrong pressure acquisitions, 

resulting in erroneous flight parameters 

indication to the flight crew. Therefore, 

we determined that notice and 

opportunity for public comment before 

issuing this AD are impracticable and 

that good cause exists 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–2010–0733; 

Directorate Identifier 2010–CE–038–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 

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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 

removing Amendment 39–16085 (74 FR 

58195; November 12, 2009), and adding 

the following new AD: 

2010–15–09 Empresa Brasileira de 

Aerona ́utica S.A. (EMBRAER): 

Amendment 39–16375; Docket No. 

FAA–2010–0733; Directorate Identifier 

2010–CE–038–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective August 12, 2010. 

Affected ADs 

(b) This AD supersedes AD 2009–23–11; 

Amendment 39–16085. 

Applicability 

(c) This AD applies to the following 

Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER) Model EMB–500 airplanes, all 

serial numbers, certificated in any category: 

(i) Group 1 Airplanes (retains the actions 

and applicability from AD 2009–23–11): 

Airplanes for which service bulletin (SB) 

500–27–0003 has not been accomplished or 

that do not have an equivalent modification 

that was incorporated in the production line; 

and 

(ii) Group 2 Airplanes: Airplanes for which 

SB 500–27–0003 has been accomplished or 

have an equivalent modification that was 

incorporated in the production line. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 30: Ice and Rain Protection. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the possibility of heating 

deactivation of Air Data System (ADS) 

sensors due to its inadequate automatic logic, 

when ADS/AOA knob is on AUTO position 

associated with the following messages: 

—DC BUS 1 OFF displayed on Crew Alerting 

System—CAS in conjunction with STBY 

HTR FAIL (which means loss of power on 

DC BUS 1); or 

—EMER BUS OFF displayed on CAS (which 

means loss of power on EMERGENCY 

BUS); or 

—ELEC EMERGENCY displayed on CAS 

(which means Electrical Emergency). 

The loss of airplane air data sensors heating 

may cause ice buildup on their surfaces, 

which in turn may cause wrong pressure 

acquisitions resulting in erroneous flight 

parameters indication to the flight crew. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, an immediate corrective action is 

required. Thus, sufficient reason exists to 

request compliance with this AD in the 

indicated time limit. 

This AD action requires inserting information 

into the Abnormal Procedures section of the 

FAA-approved airplane flight manual (AFM). 

Actions and Compliance 

(f) Group 1 Airplanes: unless already done, 

before further flight after December 2, 2009 

(the effective date retained from AD 2009– 

23–11), incorporate into the AFM the 

following procedures section revisions. You 

may insert a copy of this AD into the 

appropriate sections of the AFM to comply 

with the requirements of this AD. 

(1) Revise the AFM by replacing the 

ELECTRICAL EMERGENCY procedures in 

AFM section 4–08, Abnormal Procedures, 

with Figure 1: 

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(2) Revise the AFM by replacing the DC 

BUS 1 OFF procedure in AFM section 4–08, 

Abnormal Procedures, with Figure 2: 


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(3) Revise the AFM by replacing the 

EMERGENCY BUS OFF procedure in AFM 

section 4–08, Abnormal Procedures, with 

Figure 3: 


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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43055 

(g) Group 2 Airplanes: Unless already 

done, before further flight after August 12, 

2010 (the effective date of this AD), 

incorporate into the AFM the following 

procedures section revisions. You may insert 

a copy of this AD into the appropriate 

sections of the AFM to comply with the 

requirements of this AD. 

(1) Revise the AFM by replacing the 

ELECTRICAL EMERGENCY procedures in 

AFM section 4–08, Abnormal Procedures, 

with Figure 4: 


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(2) Revise the AFM by replacing the DC 

BUS 1 OFF procedure in AFM section 4–08, 

Abnormal Procedures, with Figure 5: 


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(3) Revise the AFM by replacing the 

EMERGENCY BUS OFF procedure in AFM 

section 4–08, Abnormal Procedures, with 

Figure 6: 


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FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) 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 

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 

(i) Refer to MCAI ANAC, AD No.: 2009– 

10–01R2, dated July 28, 2010, for related 

information. 

Issued in Kansas City, Missouri, on July 16, 

2010. 

Kim Smith, 

Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–18015 Filed 7–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 38 and 40 

[Docket Nos. RM08–19–003, RM05–5–019; 

Order No. 729–B] 

Mandatory Reliability Standards for the 

Calculation of Available Transfer 

Capability, Capacity Benefit Margins, 

Transmission Reliability Margins, Total 

Transfer Capability, and Existing 

Transmission Commitments; 

Mandatory Reliability Standards for the 

Bulk-Power System; and Standards for 

Business Practices and 

Communications Protocols for Public 

Utilities 

July 15, 2010. 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Order on Rehearing and 

Reconsideration. 


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