Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 48007 

well as on non traditional lenders. Such 

provisions would discourage the 

participation of many lenders in the 

program, which would jeopardize the 

utilization of funds in these programs. 

Rural Development agrees with the 

commenters that this is of particular 

concern in light of the need of Rural 

Development’s Rural Business— 

Cooperative Service to process the 

applications for Business and Industry 

Loan Guarantees funded with American 

Recovery and Reinvestment Act 

(Recovery Act) funds pursuant to the 

Notice of Funds Availability published 

on July 24, 2009 (74 FR 36649). 

Instead, Rural Development believes 

that it is better to narrow the scope of 

a common regulatory platform to the 

activities associated with its commercial 

lending activities. In doing so, Rural 

Development will be able to shift the 

focus of the common regulatory 

platform from a broad array of 

guaranteed loan activities to those 

commercial lending activities associated 

with its Business Program, including 

renewable energy. 

Focusing on commercial lending 

activities within its Business Program 

provides Rural Development the option 

of developing a common regulatory 

structure based on its current Business 

and Industry guaranteed loan 

regulations (7 CFR part 4279, subparts A 

and B, and 7 CFR part 4287, subpart B) 

and on its current Rural Energy for 

America Program regulation (7 CFR part 

4280, subpart B) and incorporating the 

Biorefinery Assistance guaranteed loan 

program into this regulatory structure. 

By adopting, leveraging, and refining 

these existing regulations, Rural 

Development believes that this 

approach to developing a common 

regulatory structure for its commercial 

lending activities is preferable to 

implementing 7 CFR Part 5001 for 

several reasons, as suggested by the 

commenters, including, but not 

necessarily limited to: 

• In contrast to 7 CFR part 5001, the 

framework of the current Business and 

Industry Loan Guarantee regulations is 

well established with stakeholders and 

has a proven program delivery track 

record. 

• Implementing 7 CFR part 5001 

would require both lenders and Rural 

Development staff to be re-trained in 

order to learn a new system. Because 

such a complete overhaul of the 

Business Program regulations is not 

required, it is not appropriate to burden 

the Rural Development staff to learn and 

implement a completely new system. 

• Implementing 7 CFR part 5001 

would impede Business Program 

funding utilization. The lack of 

familiarity with the interim rule would 

cause a 60 to 90 day standstill in 

program delivery at a time when the 

program level is at record levels. 

Furthermore, implementation of the 

interim rule will seriously impede the 

Administration’s initiative to use 

Recovery Act funds to improve the 

Nation’s economy. 

In summary, based on its review and 

re-examination of 7 CFR Part 5001 and 

the comments received, Rural 

Development takes the position that, 

with some refinement and 

enhancement, a common regulatory 

structure for guaranteed loans utilizing 

the current Business Program 

regulations will result in a better and 

more efficient regulatory structure than 

would be achieved through the 

implementation of 7 CFR part 5001. 

II. Withdrawal of Interim Rule 

Accordingly, the interim final rule 

published on December 17, 2008 (73 FR 

76698), delayed until February 17, 2009, 

(74 FR 2823), further delayed until 

March 9, 2009 (74 FR 7179), further 

delayed until June 1, 2009 (74 FR 9759), 

and further delayed until October 1, 

2009 (74 FR 25617) is withdrawn as of 

September 21, 2009. 

Dated: September 14, 2009. 

Dallas Tonsager, 

Under Secretary. 

[FR Doc. E9–22527 Filed 9–18–09; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1325; Directorate 

Identifier 2008–NM–157–AD; Amendment 

39–16024; AD 2009–20–01] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 727–281 Airplanes Equipped 

With Auxiliary Fuel Tanks Installed in 

Accordance With Supplemental Type 

Certificate SA3449NM 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 727–281 airplanes. This 

AD requires deactivation of Rogerson 

Aircraft Corporation auxiliary fuel 

tanks. This AD results from fuel system 

reviews conducted by the manufacturer, 

which identified potential unsafe 

conditions but has not provided 

associated corrective actions. We are 

issuing this AD to prevent 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. 

DATES: This AD is effective October 26, 

2009. 

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 address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Serj 

Harutunian, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5254; fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Boeing Model 727–281 

airplanes. That NPRM was published in 

the Federal Register on December 23, 

2008 (73 FR 78675). That NPRM 

proposed to require deactivation of 

Rogerson Aircraft Corporation auxiliary 

fuel tanks. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Boeing supports the NPRM. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

This AD would affect about 17 U.S.- 

registered airplanes. The following table 

provides the estimated costs to comply 

with this AD. 


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48008 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Parts Cost per airplane Fleet cost 

Report ............................................................................ 1 $80 None ........... $80 $1,360. 

Preparation of tank deactivation procedure ................... 80 80 None ........... 6,400 Up to $108,800. 

Physical tank deactivation ............................................. 30 80 $1,200 ......... 3,600 Up to $61,200. 

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 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance 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 adding 

the following new AD: 

2009–20–01 Boeing: Amendment 39–16024. 

Docket No. FAA–2008–1325; Directorate 

Identifier 2008–NM–157–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective October 26, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 727– 

281 airplanes, certificated in any category, 

and equipped with auxiliary fuel tanks 

installed in accordance with Supplemental 

Type Certificate (STC) SA3449NM. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent 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 

(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. 

Report 

(f) Within 60 days after the effective date 

of this AD, submit a report to the Manager, 

Los Angeles Aircraft Certification Office 

(ACO), FAA. Information collection 

requirements in this AD are approved by the 

Office of Management and Budget (OMB) 

under the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.) and 

are assigned OMB Control Number 2120– 

0056. The report must include the following 

information: 

(1) The airplane registration and auxiliary 

tank STC number installed. 

(2) The usage frequency in terms of total 

number of flights per year and total number 

of flights for which the auxiliary tank is used. 

Prevent Usage of Auxiliary Fuel Tanks 

(g) Within 90 days after the effective date 

of this AD, deactivate the auxiliary fuel 

tanks, in accordance with a deactivation 

procedure approved by the Manager of the 

Los Angeles ACO. Any auxiliary tank 

component that remains on the airplane must 

be secured and must have no effect on the 

continued operational safety and 

airworthiness of the airplane. Deactivation 

may not result in the need for additional 

instructions for continued airworthiness. 

Note 1: Appendix A of this AD provides 

criteria that might need to be included in the 

deactivation procedure. Timely approval is 

dependent on early submittal of the 

deactivation procedures. 

Note 2: For technical information, contact 

Dan Zevallos, Director of Program 

Management, Rogerson Aircraft Corporation, 

2201 Alton Parkway, Irvine, California 

92606; telephone (949) 442–2306; fax (949) 

442–2322. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles 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: Serj Harutunian, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, Los 

Angeles Aircraft Certification Office, 3960 

Paramount Boulevard, Lakewood, California 

90712–4137; telephone (562) 627–5254; 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. 

Material Incorporated by Reference 

(i) None. 

Appendix A 

Deactivation Criteria 

The auxiliary fuel tank deactivation 

procedure required by paragraph (g) of this 

AD might need to address the following 

actions. 

(1) Permanently drain auxiliary fuel tanks, 

and clear them of fuel vapors to eliminate the 

possibility of out-gassing of fuel vapors from 

the emptied auxiliary tank. 

Note: If applicable, removing the bladder 

might help eliminate out-gassing. 


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Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 48009 

(2) Disconnect all electrical connections 

from the fuel quantity indication system 

(FQIS), fuel pumps if applicable, float 

switches, and all other electrical connections 

required for auxiliary tank operation, and 

stow them at the auxiliary tank interface. 

(3) Disconnect all pneumatic connections if 

applicable, cap them at the pneumatic 

source, and secure them. 

(4) Disconnect all fuel feed and fuel vent 

plumbing interfaces with airplane original 

equipment manufacturer (OEM) tanks, cap 

them at the airplane tank side, and secure 

them in accordance with a method approved 

by the FAA; one approved method is 

specified in AC 25–8 Auxiliary Fuel Tank 

Systems Installations. In order to eliminate 

the possibility of structural deformation 

during cabin decompression, leave open and 

secure the disconnected auxiliary fuel tank 

vent lines. 

(5) Pull and collar all circuit breakers used 

to operate the auxiliary tank. 

(6) Revise the weight and balance 

document, if required, and obtain FAA 

approval. 

(7) Amend the applicable sections of the 

applicable airplane flight manual (AFM) to 

indicate that the auxiliary fuel tank is 

deactivated. Remove auxiliary fuel tank 

operating procedures to ensure that only the 

OEM fuel system operational procedures are 

contained in the AFM. Amend the 

Limitations Section of the AFM to indicate 

that the AFM Supplement for the STC is not 

in effect. Place a placard in the flight deck 

indicating that the auxiliary tank is 

deactivated. The AFM revisions specified in 

this paragraph may be accomplished by 

inserting a copy of this AD into the AFM. 

(8) Amend the applicable sections of the 

applicable airplane maintenance manual to 

remove auxiliary tank maintenance 

procedures. 

(9) After the auxiliary fuel tank is 

deactivated, accomplish procedures such as 

leak checks and pressure checks deemed 

necessary before returning the airplane to 

service. These procedures must include 

verification that the airplane FQIS and fuel 

distribution systems have not been adversely 

affected. 

(10) Include with the operator’s proposed 

procedures any relevant information or 

additional steps that are deemed necessary 

by the operator to comply with the 

deactivation and return the airplane to 

service. 

Issued in Renton, Washington, on 

September 11, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–22575 Filed 9–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 732, 734, 736, 738, 

740, 742, 743, 744, 746, 747, 748, 750, 

752, 754, 756, 758, 760, 762, 764, 766, 

768, 770, 772 and 774 

[Docket No. 0908141238–91252–01] 

RIN 0694–AE72 

Updated Statements of Legal Authority 

for the Export Administration 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations legal authority 

citations for the Export Administration 

Regulations (EAR) to include the 

citation to the President’s Notice of 

August 13, 2009—Continuation of 

Emergency Regarding Export Control 

Regulations. 

DATES: The rule is effective September 

21, 2009. 

ADDRESSES: Comments concerning this 

rule should be sent to 

publiccomments@bis.doc.gov, fax (202) 

482–3355, or to Regulatory Policy 

Division, Bureau of Industry and 

Security, Room H2705, U.S. Department 

of Commerce, Washington, DC 20230. 

Please refer to regulatory identification 

number (RIN) 0694–AE72 in all 

comments, and in the subject line of email comments. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

Since the Export Administration Act 

expired in August 2001, parts 730–744 

and 746–774 of the EAR have been 

continued in force pursuant to 

Executive Order 13222 of August 17, 

2001, 3 CFR, 2001 Comp., p. 783 (2002) 

and the annual notices continuing the 

emergency declared in that executive 

order. This rule revises authority 

citations in the Code of Federal 

Regulations to include the President’s 

Notice of August 13, 2009— 

Continuation of Emergency Regarding 

Export Control Regulations (74 FR 

41325, August 14, 2009), which is the 

most recent such annual notice. This 

rule also removes the citation to Public 

Law 106–508 from part 743. Public Law 

106–508 is the 2000 renewal of the 

Export Administration Act, which has 

expired, making the citation obsolete. 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations. This rule does 

not alter any right, obligation or 

prohibition that applies to any person 

under the EAR. Because these revisions 

are not substantive changes, it is 

unnecessary to provide notice and 

opportunity for public comment. In 

addition, the 30-day delay in 

effectiveness required by 5 U.S.C. 553(d) 

is not applicable because this rule is not 

a substantive rule. Because neither the 

Administrative Procedure Act nor any 

other law requires that notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this rule, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Parts 732, 740, 748, 750, 752 

and 758 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 


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