68682 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

approximately $714,000, which is less 

than $750,000, and thus would be 

considered small business according to 

the SBA definition. Although there is no 

official data available to date, as these 

states were recently added to the order 

and have not completed one full crop 

year for reporting purposes, the industry 

estimates that the majority of producers 

in Arizona and New Mexico would also 

be considered small businesses. 

This rule continues in effect the 

action that modified the aflatoxin 

sampling and testing regulations 

currently prescribed under the 

California, Arizona and New Mexico 

pistachio order, as well as removed 

unnecessary language and corrected 

terminology. The changes to § 983.150 

are expected to reduce handler 

operating costs by providing a uniform 

and consistent aflatoxin sampling and 

testing procedure for pistachios shipped 

to all market destinations. Authority for 

the change in the order’s rules and 

regulations is provided in § 983.50. 

This action is expected to benefit 

producers and handlers, regardless of 

size and regardless of the market they 

ship into, as it streamlines handler 

operations and increases marketing 

flexibility. Reducing the number of 

required samples, the number of 

aflatoxin analyses, and the total weight 

of the lot samples, while increasing the 

weight of the test samples for each lot 

is expected to result in an estimated 

annual savings to the industry of 

approximately $18,000, including 

reductions of $900 for sampling, $1,400 

for testing, $12,750 for labor, and $3,750 

in shipping costs for those small 

handlers that do not do testing on site. 

This action will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

pistachio handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

pistachio industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the meeting was a public 

meeting and all entities, both large and 

small, were able to express their views 

on this issue. 

Comments on the interim rule were 

required to be received on or before 

September 21, 2010. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. 

To view the interim rule, go to: http: 

//www.regulations.gov and type the 

following docket number into the 

keyword search section: FV10–983–1 IR. 

Follow the link provided in the 

‘‘Results’’ section of this page. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, 

Paperwork Reduction Act (44 U.S.C. 

chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (75 FR 43045, July 23, 2010) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 983 

Marketing agreements and orders, 

Pistachios, Reporting and recordkeeping 

requirements. 

PART 983—[AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR part 983 that was 

published at 75 FR 43045 on July 23, 

2010, is adopted as a final rule, without 

change. 

Dated: November 3, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–28240 Filed 11–8–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0700; Directorate 

Identifier 2010–NM–123–AD; Amendment 

39–16500; AD 2010–23–11] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2C10 (Regional Jet 

Series 700, 701, & 702), CL–600–2D15 

(Regional Jet Series 705), and CL–600– 

2D24 (Regional Jet Series 900) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This 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: 

The manufacturer has informed Transport 

Canada that a certain number of the resolver 

stators, which were installed in the angle of 

attack (AOA) transducers, were not cleaned 

correctly. This condition can degrade the 

AOA transducer performance at low 

temperatures resulting in freezing of the AOA 

transducer resolver, which may provide 

inaccurate AOA data to the Stall Protection 

System (SPS). If not corrected, this condition 

can result in early or late activation of the 

stick shaker and/or stick pusher. 

These conditions could result in 

reduced ability of the flight crew to 

maintain a safe flight and landing of the 

airplane. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

December 14, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 14, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Licata, Aerospace Engineer, 

Avionics and Flight Test Branch, 

ANE–172, FAA, New York Aircraft 

Certification Office (ACO), 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7361; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on July 27, 2010 (75 FR 43882). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The manufacturer has informed Transport 

Canada that a certain number of the resolver 

stators, which were installed in the angle of 

attack (AOA) transducers, were not cleaned 

correctly. This condition can degrade the 

AOA transducer performance at low 

temperatures resulting in freezing of the AOA 

transducer resolver, which may provide 

inaccurate AOA data to the Stall Protection 

System (SPS). If not corrected, this condition 


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can result in early or late activation of the 

stick shaker and/or stick pusher. 

These conditions could result in 

reduced ability of the flight crew to 

maintain a safe flight and landing of the 

airplane. The required actions include 

an inspection to determine if certain 

AOA transducers are installed and 

replacement of affected transducers. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. Air 

Line Pilots Association, International 

(ALPA), supports the NPRM. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

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 also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

380 products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $32,300, or $85 per product. 

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 this 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. 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. 

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 the NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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: 

2010–23–11 Bombardier, Inc.: Amendment 

39–16500. Docket No. FAA–2010–0700; 

Directorate Identifier 2010–NM–123–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective December 14, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model CL–600–2C10 (Regional Jet Series 700, 

701, & 702), CL–600–2D15 (Regional Jet 

Series 705), and CL–600–2D24 (Regional Jet 

Series 900) airplanes, certificated in any 

category, equipped with Thales angle of 

attack transducers having part number (P/N) 

C16258AA. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The manufacturer has informed Transport 

Canada that a certain number of the resolver 

stators, which were installed in the angle of 

attack (AOA) transducers, were not cleaned 

correctly. This condition can degrade the 

AOA transducer performance at low 

temperatures resulting in freezing of the AOA 

transducer resolver, which may provide 

inaccurate AOA data to the Stall Protection 

System (SPS). If not corrected, this condition 

can result in early or late activation of the 

stick shaker and/or stick pusher. 

These conditions could result in reduced 

ability of the flight crew to maintain a safe 

flight and landing 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. 

Inspection 

(g) Within 750 flight hours after the 

effective date of this AD, inspect the serial 

number of each AOA transducer having P/N 

C16258AA to determine if the serial number 

is identified in paragraph 1.A. of Bombardier 

Alert Service Bulletin A670BA–27–054, 

Revision A, dated January 18, 2010, in 

accordance with the Accomplishment 

Instructions of Bombardier Alert Service 

Bulletin A670BA–27–054, Revision A, dated 

January 18, 2010. A review of airplane 

maintenance records is acceptable in lieu of 

this inspection if the serial number of the 

AOA transducer can be conclusively 

determined from that review. 

(1) If the serial number is not listed in 

paragraph 1.A. of Bombardier Alert Service 

Bulletin A670BA–27–054, Revision A, dated 

January 18, 2010, no further action is 


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68684 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

required by this AD other than compliance 

with paragraph (h) of this AD. 

(2) If the serial number is listed in 

paragraph 1.A. of Bombardier Alert Service 

Bulletin A670BA–27–054, Revision A, dated 

January 18, 2010, and has the suffix ‘‘C’’, no 

further action is required by this AD other 

than compliance with paragraph (h) of this 

AD. 

(3) If the serial number is listed paragraph 

1.A. of Bombardier Alert Service Bulletin 

A670BA–27–054, Revision A, dated January 

18, 2010, and does not have the suffix ‘‘C’’, 

before further flight, replace the AOA 

transducer with a new or serviceable 

transducer, in accordance with Part C of the 

Accomplishment Instructions of Bombardier 

Alert Service Bulletin A670BA–27–054, 

Revision A, dated January 18, 2010. 

Note 1: To replace any AOA transducer, 

the replacement AOA transducer must either 

be outside of the affected serial numbers as 

identified in paragraph 1.A. of Bombardier 

Alert Service Bulletin A670BA–27–054, 

Revision A, dated January 18, 2010, or have 

the suffix ‘‘C’’. 

(h) As of the effective date of this AD, no 

AOA transducer having both a serial number 

and P/N C16258AA as identified in 

paragraph 1.A. of Bombardier Alert Service 

Bulletin A670BA–27–054, Revision A, dated 

January 18, 2010, may be installed on any 

airplane unless the AOA transducer has been 

inspected by the manufacturer and identified 

with the suffix ‘‘C’’. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(i) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, 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: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone 516–228–7300; fax 516– 

794–5531. 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. 

(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 

(j) Refer to MCAI Canadian Airworthiness 

Directive CF–2010–13, dated May 6, 2010; 

and Bombardier Alert Service Bulletin 

A670BA–27–054, Revision A, dated January 

18, 2010; for related information. 

Material Incorporated by Reference 

(k) You must use Bombardier Alert Service 

Bulletin A670BA–27–054, 

Revision A, dated January 18, 2010, to do 

the actions required by this AD, unless the 

AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; e-mail 

thd.crj@aero.bombardier.com; Internet http:// 

www.bombardier.com. 

(3) You may review copies of the 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. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/

code_of_federal_regulations/ibr_locations.

html. 

Issued in Renton, Washington, on October 

21, 2010. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–28089 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0870; Directorate 

Identifier 2010–CE–045–AD; Amendment 

39–16505; AD 2010–23–16] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–500 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. 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. The MCAI describes the unsafe 

condition as: 

It has been found the occurrences of failure 

of the Flow Control Shutoff Valve (FCSOV) 

in the closed position. Failure of the two 

valves (left and right) can cause the loss of 

the pneumatic source, and lead to loss of the 

cabin pressurization. 

Since this condition affects flight safety, a 

corrective action is required. Thus, sufficient 

reason exists to request compliance with this 

AD. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

December 14, 2010. 

On December 14, 2010, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

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 service information identified in 

this AD, contact EMBRAER Empresa 

Brasileira de Aerona ́utica S.A., Phenom 

Maintenance Support, Av. Brig. Farina 

Lima, 2170, Sao Jose dos Campos—SP, 

CEP: 12227–901—P.O. Box: 38/2, 

BRASIL, telephone: ++55 12 3927–5383; 

fax: ++55 12 3927–2610; E-mail: 

reliability.executive@embraer.com.br; 

Internet: http://www.embraer.com.br. 

You may review copies of the 

referenced service information at the 

FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. 

For information on the availability of 

this material at the FAA, call 816–329– 

4148. 

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 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on September 1, 2010 (75 FR 


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