48870 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 

cooking methods, and statistical 

analyses. Not only do these studies deal 

with current food safety issues, but they 

also help the egg industry prepare for 

and address potential risks. 

At the March 27, 2008, board meeting, 

AEB members voted unanimously to 

recommend that the assessment rate be 

increased from 10 cents to 15 cents per 

30-dozen case of commercial eggs. 

Proposed Changes and Referendum 

This rule would amend the Order as 

well as the implementing Rules and 

Regulations. Section 1250.347 of the 

Order states that the assessment rate is 

not to exceed 10 cents per 30-dozen case 

of eggs, provided that no more than 

such assessment shall be made on any 

case of eggs. Section 1250.514 provides 

for an assessment rate of 10 cents per 

case of commercial eggs handled for the 

account of each producer, with each 

case being subject to assessment only 

once. Accordingly, section 1250.347 of 

the Order and section 1250.514 of the 

Rules and Regulations would be revised 

to reflect an assessment rate of 15 cents 

per case. In order to better reflect the 

provisions of the Act, section 1250.347 

of the Order would be amended to 

reflect both the maximum assessment 

rate authorized under the Act as well as 

the assessment rate itself. 

A 60-day comment period is provided 

to allow interested parties to respond to 

this proposal. All written comments 

received by the date specified in 

response to this rule will be considered 

prior to conducting the referendum. 

After an opportunity for public 

comment, a referendum will be held 

among egg producers not exempt from 

the Act. Producers engaged in the 

production of commercial eggs during a 

representative period determined by the 

Secretary will be eligible to vote on the 

assessment rate change recommended 

by AEB. 

All known eligible egg producers will 

receive information in the mail 

regarding the referendum. 

The increase in the assessment rate 

shall become effective if the change is 

approved or favored by not less than 

two-thirds of the producers voting in the 

referendum, or a majority of such 

producers if they represent not less than 

two-thirds of the commercial eggs 

produced by those voting. 

List of Subjects in 7 CFR Part 1250 

Administrative practice and 

procedure, Advertising, Agricultural 

research, Eggs and egg products, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble 7 CFR part 1250 is proposed 

to be amended as follows: 

PART 1250—EGG RESEARCH AND 

PROMOTION 

1. The authority citation of part 1250 

continues to read as follows: 

Authority: 7 U.S.C. 2701–2718 and 7 

U.S.C. 2401. 

2. Section 1250.347 is revised to read 

as follows: 

§ 1250.347 Assessments. 

Each handler designated in § 1250.349 

and pursuant to regulations issued by 

the Board shall collect from each 

producer, except for those producers 

specifically exempted in § 1250.348, 

and shall pay to the Board at such times 

and in such manner as prescribed by 

regulation issued by the Board an 

assessment at a rate of 15 cents per 30- 

dozen case of eggs, or the equivalent 

thereof, for such expenses and 

expenditures, including provisions for a 

reasonable reserve and those 

administrative costs incurred by the 

Department of Agriculture after this 

subpart is effective, as the Secretary 

finds are reasonable and likely to be 

incurred by the Board and the Secretary 

under this subpart, except that no more 

than one such assessment shall be made 

on any case of eggs. The assessment rate 

shall not exceed 20 cents per case (or 

the equivalent of a case) of commercial 

eggs. 

3. In § 1250.514, the first sentence is 

revised to read as follows: 

§ 1250.514 Levy of assessments. 

An assessment rate of 15 cents per 

case of commercial eggs is levied on 

each case of commercial eggs handled 

for the account of each producer. * * * 

Dated: September 21, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–23150 Filed 9–24–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0776; Directorate 

Identifier 2009–NE–32–AD] 

RIN 2120–AA64 

Airworthiness Directives; Dowty 

Propellers R408/6–123–F/17 Model 

Propellers 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: Friction or contact 

between a propeller de-ice bus bar and 

the backplate assembly can cause failure 

of the bus bar and a consequent 

intermittent short circuit. Such a short 

circuit can cause a dual AC generator 

shutdown that, particularly in 

conjunction with an engine failure in 

icing conditions, could result in 

reduced controllability of the airplane. 

We are proposing this AD to prevent 

an in-flight double generator failure, 

which could result in reduced 

controllability of the airplane. 

DATES: We must receive comments on 

this proposed AD by October 26, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• 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. 

Contact Dowty Propellers, Anson 

Business Park, Cheltenham Road East, 

Gloucester GL 29QN, UK; telephone: 44 

(0) 1452 716000; fax: 44 (0) 1452 

716001, for the service information 

identified in this proposed AD. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 48871 

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. 

FOR FURTHER INFORMATION CONTACT: 

Terry Fahr, Aerospace Engineer, Boston 

Aircraft Certification Office, FAA, 

Engine and Propeller Directorate, 12 

New England Executive Park, 

Burlington, MA 01803; e-mail: 

terry.fahr@faa.gov; telephone (781) 238– 

7155; fax (781) 238–7170. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0776; Directorate Identifier 

2009–NE–32–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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). 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive AD 2009–0114, 

dated May 28, 2009 (referred to after 

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

condition for the specified products. 

The MCAI states: 

Friction or contact between a propeller deice bus bar and the backplate assembly can 

cause failure of the bus bar and a consequent 

intermittent short circuit. Such a short circuit 

can cause a dual AC generator shutdown 

that, particularly in conjunction with an 

engine failure in icing conditions, could 

result in reduced controllability of the 

airplane. 

For the reason described above, this AD 

requires initial and repetitive application of 

sealant between the propeller bus bar 

assemblies and the backplate assembly. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Dowty Propellers has issued Service 

Bulletin No. D8400–61–66, Revision 1, 

dated May 4, 2007. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This propeller has been approved by 

the aviation authority of the United 

Kingdom and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the United 

Kingdom, they have notified us of the 

unsafe condition described in the MCAI 

and service information referenced 

above. We are proposing this AD 

because we evaluated all information 

provided by EASA and determined the 

unsafe condition exists and is likely to 

exist or develop on other propellers of 

the same type design. This proposed AD 

would require initial applications of 

sealant between the bus bar assembly 

and the backplate assembly of linereplaceable units (LRU) serial numbers 

(SNs) below DAP0347, and repetitive 

applications of sealant on all R408/6– 

123–F/17 model propellers. 

Differences Between This AD and the 

Service Information 

We have reviewed the related service 

information and, in general, agree with 

its substance, which gives instructions 

on performing a one-time application of 

sealant for R408/6–123–F/17 model 

propellers with a hub, actuator, and 

backplate assembly LRU SNs below 

DAP0347. However, we have found it 

necessary to also require repetitive 

applications of sealant for all R408/6– 

123–F/17 model propellers, the same as 

the MCAI. This difference is described 

in a separate paragraph of the proposed 

AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 104 propellers installed on 

airplanes of U.S. registry. We also 

estimate that it would take about 2 

work-hours per propeller to comply 

with this proposed AD. The average 

labor rate is $80 per work-hour. 

Required parts would cost about $20 per 

propeller. Based on these figures, we 

estimate the cost of the proposed AD on 

U.S. operators to be $18,720. 

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 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 this 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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
48872 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Proposed Rules 

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 adding 

the following new AD: 

Dowty Propellers (formerly Dowty 

Aerospace; Dowty Rotol Limited; and 

Dowty Rotol): Docket No. FAA–2009– 

0776; Directorate Identifier 2009–NE– 

32–AD. 

Comments Due Date 

(a) We must receive comments by October 

26, 2009. 

Affected Airworthiness Directives (ADs) 

(b) None. 

Applicability 

(c) This AD applies to Dowty Propellers 

R408/6–123–F/17 model propellers. These 

propellers are installed on, but not limited to, 

Bombardier, Inc. (formerly de Havilland 

Canada) models DHC–8–400, DHC–8–401, 

and DHC–8–402 series airplanes. 

Reason 

(d) This AD results from mandatory 

continuing airworthiness information (MCAI) 

issued by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. We are 

issuing this AD to prevent an in-flight double 

generator failure, which could result in 

reduced controllability of the airplane. 

Actions and Compliance 

(e) Unless already done, do the following 

actions. 

(1) For R408/6–123–F/17 model propellers 

with a hub, actuator, and backplate assembly 

line-replaceable unit (LRU) SNs below 

DAP0347, do the following initial sealant 

application within 5,000 flight hours (FH) 

after the effective date of this AD: 

(i) Apply sealant between the bus bar 

assemblies and the backplate assembly. 

(ii) Use paragraph 3 of the 

Accomplishment Instructions of Dowty 

Propellers Service Bulletin No. D8400–61– 

66, Revision 1, dated May 4, 2007, to do the 

sealant application. 

(2) Thereafter, for all R408/6–123–F/17 

model propellers, re-apply sealant as 

specified in paragraphs (e)(1)(i) through 

(e)(1)(ii) within every additional 10,000 FH. 

Installation Prohibition 

(3) After modification of all propellers on 

an airplane as required by paragraph (e)(1) of 

this AD, do not install any Dowty R408/6– 

123–F/17 propeller on that airplane unless 

sealant has been applied between the bus bar 

assemblies and the backplate assembly of 

that propeller using the requirements of this 

AD. 

FAA AD Differences 

(f) Dowty Propellers Service Bulletin No. 

D8400–61–66, Revision 1, dated May 4, 2007, 

requires a one-time application of sealant for 

R408/6–123–F/17 model propellers with a 

hub, actuator, and backplate assembly LRU 

SNs below DAP0347. However, this AD and 

the MCAI require repetitive applications of 

sealant for all R408/6–123–F/17 model 

propellers. 

Alternative Methods of Compliance 

(AMOCs) 

(g) The Manager, Boston Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Related Information 

(h) Refer to EASA AD 2009–0114, dated 

May 28, 2009, and Dowty Propellers Service 

Bulletin No. D8400–61–66, Revision 1, dated 

May 4, 2007, for related information. Contact 

Dowty Propellers, Anson Business Park, 

Cheltenham Road East, Gloucester GL 29QN, 

UK; telephone: 44 (0) 1452 716000; fax: 44 

(0) 1452 716001, for a copy of this service 

information. 

(i) Contact Terry Fahr, Aerospace Engineer, 

Boston Aircraft Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: terry.fahr@faa.gov; telephone 

(781) 238–7155; fax (781) 238–7170, for more 

information about this AD. 

Issued in Burlington, MA, on September 

21, 2009. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–23209 Filed 9–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0790; Directorate 

Identifier 2008–NM–177–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330 and A340 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. This 

proposed AD results from mandatory 

continuing airworthiness information 

(MCAI) originated by an aviation 

authority of another country to identify 

and correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: Uncontained 

APU [auxiliary power unit] generator 

failures on ground have occurred on 

Airbus A330 aircraft in service. APU 

generator design is common to all A330 

and A340 aircraft. Preliminary 

investigations confirmed that these 

failures have resulted in structural 

damage to the APU compartment and, 

in one case, to the stabiliser 

compartment. Loose APU generator 

parts can lead to damage to the APU 

firewall, reducing its fire extinguishing 

capability and potentially leading to a 

temporary uncontrolled fire. 

Although the root cause has not yet 

been determined, the investigation 

showed a sequence of events where a 

collapse of the Drive End Bearing (DEB) 

leads to an uncontained failure. 

Evidence has also shown that the DEB 

failures are not instantaneous, and 

therefore, the detection of small debris 

could indicate early stage of a DEB 

failure. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by November 9, 2009. 

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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS— 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 45 80, e-mail 

airworthiness.A330–A340@airbus.com; 

Internet http://www.airbus.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221 or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 


jlentini on DSKJ8SOYB1PROD with PROPOSALS