'200'1 - IV11 - 202 -A b 0A-A - 2.0 10 -on'i

FerleTaI Register/Vol. 74, No. Z30/Wednesday. December Z, 2009/Rules and Regulations 63063

Admillistrotive findinglileans an

evidence·based determination reached

by 11 hearing, inquiry, investigation, or

trial bufnre an administrative agency of

competent Jurisdiction in any State,

territory or p[}~SeSSiollof the United

Stales.

•

c; 5. Amend § 1551.6 to add a paragraph

ld) to read as follows:

§165t.6 Childor children.

•

[d) Parentage disputes. If the identity

of the fath~r or mother of a child is in

dispute or otherwise unclear [e.g .. only

olle parent is Ibted on a birth

cerliricatc), the purported child must

submit to the TSP either:

(I) A court order or other

administrative finding establishing

parentage: or

t2) Documentation sufficient for

establishing parentage under the law of

the slat~ in which th~ participant was

domiciled at the time of death.

PART 1653-eOURT ORDERS AND

LEGAL PROCESSES AFFECTING

THRIFT SAVINGS PLAN ACCOUNTS

Ell: 6. The authority r.itation for part 1653

continu(J~ to read as follows:

Authority: 5 U.S.C. 84:15, 1;\435(bJ.8437(u).

84~9(a)(3). 8457. fl474{b){5) and 8474[e)(1).

07. Amend §1653.1 to add the

definitions of "Payment date" and "TSI'

investment earnings or earnings'" in

alphabetical order. in paragraph [b) to

read as follows:

§1653.1 Definitions.

(b]' ••

• •

PoYlllcn/ dote refers to the date on

which earnings me determined and is

genural1y two business days prior to the

date of an award's disbursement.

TSP investment earnings or earnings

means both positive and negative fUlld

performance attributable to differences

in TSP fund share prices.

DB. Amend §1653.4 to revise paragraph

(f)(3) and remove paragraph [0(4) to

read as follows:

§1653.4 Catculating entillemenis.

•

[0' ••

[3J If earnings are awarded ann the

rate is not specified, the Agency will

calculate the amount to be awarded by:

(i) Determining the payee's award

amount [e.g .. the percentage or fraction

of the participant's account);

(ii}lJetcrmining. based on the

participant's investment allocation as of

the effective date of the court order, the

number and composition of shares that

the amount in paragraph ![)(3J(i) of this

section would have purchased as of the

effective date; and

(Hi) Multiplying the price per share as

ofthe payment date by the number and

composition of shares calcu lated in

paragraph {f)(3J(iiJ of this section.

§1653.5 [Amended}

.9. Amend § 1653.5 by removing the

last sentence of paragraph (d).

PART 169G-THRIFT SAVINGS PLAN

!ill10, The authority citation for parI

1690 continues 10 road as follows:

Authority: 5 U.S.C. 8••7'1.

tiil11. Add §1690.15 to read as follows:

§1690.15 Freezing an accountadministrative holds.

(a) The TSP may freeze [e.g., place an

administrative hold on) a participant's

account for any of the following reasons:

(1) Pursuant to a qualifying retirement

benefits court order as set forth in part

1653 of this chapter:

(2) Pursuant to a request from the

Departmenl of Justice undfJr the

Mandatory Vidims Restitution Acl;

(3) Upon the death of a pOl'tidpant;

(4) Upon suspicion or knowledge of

fraudulent account activity or identity

theft;

\5) In response to litigation pertaining

to an account;

[5} For operational reasons (e.g. to

correct a processing error or to stnp

payment on a check when accounl

funds are insufficient);

(7J Pursuant to a written request from

a participant; and

(8) For (lay other n;msan tho TSF

dllems prudent.

(b) An account freeze (i.e.,

administrative hold) prohibits a

participant from withdrawing funds,

including loans. from his or her

account. The participant continues to

have the capability to conduct ell other

transactions including making

contributions. changing contribution

allocations. and making in!erfund

transfers.

(cl The Agency will notify the

participant that his or her account has

been frozen unless it determines it

prudent to not notify the partidpant

that his of her account has been frozen.

(d) A participant may block on-line

and ThriftLine access to his or her

account hy writing to the TSP or by

submitting a request at http://

IVlIIW.tsp.gov.

(e) A participant may remove a

participant·initiated freeze

(administrative hold) by suhmitting a

notarized request to the TSP.

[FR Oar:. E9-Z8752 i'il~d 12-1-09: 8:45 am]

61LLING coo~67l;D-Ol_P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administratlon

14 CFR Part 39

[Docket No. FAA-2009-Q915; Directorate

Identifier 2009-NM-224-AD; Amendment

39-16049; AD 2U09-21-10]

AIN212o-AA64

Airworthiness Directives; AVOX

Systems and 8/E Aerospace Oxygen

Cylinder Assemblies, as Installed on

Various Transport Airplanes

AGENCY:Federal Avialion

Administration [FAA). DOT.

ACTION: final rule: request for

comments.

SUMMARY:We are adopting a new

airworthiness direct! ve (AD} for certain

AVOX Systems and B/E Aerospnr.e

oxygen cylinder assemblies. as installed

on various transport airplanes. Thi~ AD

requires removing certain oxygen

cylinder assemblies from the airplane.

This AD was prompted by the reported

rupture of a high-pressure gaseous

oxygen cylinder, which had insufficient

strength characteristics due to improper

heat treatment. We are issuing this AD

to prevent an oxygen cylinder from

rupturing, which. depending on the

location, could result in structural

damage and rapid decompressiol\ of the

airplane, damag~ to <Idjacent essential

rtight equipment. deprivation ofllle

nor.essary oxygen supply for the

l'lighlcrew, and injury to cabin

occupants or maintenance or other

support personnel.

OATES:This AD is effective December

17,2009.

We must receive comments on this

AD hy January 19, 2010.

ADDRESSES:You Illay send comments by

any of the following methods:

D Fcderal eRulemuking Portal; Go to

http://TNl''lV.regulations.gov. Follow the

instructions for slLbmitting commnnts,

D Fax.- 202-493-2251.

D Moil: U.S. Department of

Transportation. Docket Operations, M30, West Building Ground Floor, Room

W12-1·1O.1Z00 New Jersey Avenue. SE ..

Washington. DC 20590.

D Hand Delivery: U.S. Departmenl of

Transportation, Docket Operations. M30. West Building Ground Floor. Room

W12-140, 1200 New Jersey AvenlLe. SE_.
63064 Federal Register/VoL 74, No. 230/Wednesday, December 2, 2009/Rules and Regulations

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 htlp;//

IVlVw.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, allY 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 ruceipL

FOR FURTHER INFORMATION CONTACT;

Robert HeUman. Aerospace Engineer.

Cabin Safety and Enviroll.lllental

Syslems Branch, ANM-150S, Seattle

Aircraft Certification Office. FAA, 1601

Lind Avenue. SW., Renton, Washington

98057-3356; telephone (425) 917-li457;

fax [425) 917-f)!j90,

SUPPLEMENTARY INFORMATION:

Discussion

During routine hydrostatic testing, a

United Slates Department of

Transportation Type 3HT-1B50 highpressure ga">eOusoxygen cylinder

ruptured under what would be

considered normal operating conditions.

Further investigation indicates that the

cylinder had in,,>ufficient strength

characteristics due to improper heat

treatment. The improper heat treatment

is limited to ,,>pedfic production

batches, but the affer.ted oxygen

cylinders may he installed on various

tramport ilirplanes [Uldaircraft

certificated in othor categories. The

oxygen cylinders cuntain gaseous

oxygen under high pressure. Rupture of

an oxygen cylind~H. dep,mding on its

location, could result ill structural

damage ilnd rapid decompression of tile

airplane, damAge to adjacent essential

fligbt equipment, deprivation of the

necessary oxygen supply fur the

flightcrew, and injury to cahin

occupants or maintenance or other

support personneL

fAA's Determination and Requin!menls

ofTrus AD

Certain affected airplilnes have been

approved by the aviation authorities of

other countries, and arc approved for

operation in till! United States.

We are issuing this AD because we

evaluated all the relevant infurmation

and determined the uusafe conditiOn

dcscribed previously is likely to exist or

develop in other products of these same

type designs. This AD requires

removing the affected ox.ygen cylinder

assemblies from transport airplanes.

Related Rulemaking

The FAA is currently evaluating the

risk associated with these oxygen

cylinder assemblies installed on aircraft

certificated in other CiJ.tegoriesto

determine whether any action is

necessary to address tiHl unsafe

condition on thesl:l aircraft.

FAA's Justification and Determination

oflhe Effeclive Date

This AD addresses the consequences

of the potential rupture of certain

oxygen cylinder assemblies. Because of

our requirement 10 promote safe flight of

civil aircraft and thus the critical need

to ensure the proper functioning of the

oxygen cylinders and the short

compliance time involved with this

action. this AD must be issued

immedialely.

Because an unsafe condition exists

that requires the immediate adoption of

this AU, we find nolice and opportunity

for prior public comment hereon are

impracticable and that good cause exisLs

for making this amendment effective ill

less than 30 days.

Comments lm'iled

This AD is a final rule that involves

requiremenls affecting [Ijght safety, and

we did not provide you with notice and

an opportunity to provide your

comments before it becomes effective.

However, we invite you to send any

written data. views. or arguments about

this AD. Send your comments to illl

address listed under the ADDRESSES

section. Include "Docket No. F'AA2009-0915: Directorate Identifier 2009-

NM-224-AD" at the beginning of yOllr

COllllmmts. We spflcifil;ully invite

comments on the ovenlll regulatory,

economic, environmental, and energy

aspects of this AD. We will consider all

comments 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://

wlVw.regulofions.gov, including any

personal information you provide. We

will also post a report summarizing each

substantive verhal contact we receive

about this AD.

Autnority for This Rulemaking

Title 49 of the United States Cude

spocifies tbe FAA's authority to issue

rules on aviation safety, Subtitle 1.

section 105, describes the authority of

the FAA Adminislrator. "Subtitle VII:

Aviation Programs," describes in more

detail the scope of the Agency's

autbority.

We are issuing this rulemaking under

the authority described in "Subtitle Vlt.

Part A. Subpart Ill. Section 44701:

General Tequirements." 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 Ad.ministrator finds necessary for

safety in air COllllllerce. This regulation

is within the scope of that authorit y

because it addresses an unsafe condiliun

that is likely 10 exi,1 or develop on

products identified in this rulemaking

action.

Regulatery I'indings

This AD will not have federalism

implications under Executive Order

13132. This AD will not have a

substantial direct eITecl on the Stales. 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 di~'Gussed above, /

certIfY that t1Ji~'AD:

(1 Is not a "significant regulatory

action" under Executive Order 12861).

[2) Is not a "significant rule" under

DOT Regulalory Policies and Procedmes

(44 FR 11034. February 20. 1979). and

[3) WHlnot 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 lhe estimated costs of

compliance in the AD Docket.

List of Subjects in 14 CfR Part 39

Air transportation. Aircraft. Aviation

safety, Safety.

Adoption urttIe Amendment

Ell Accordingly, under the authority

delegated to me by the Administrator.

the FAA amends 14 CFH part 39 as

follows:

PART 39-AIRWORTH!NESS

DIRECTIVES

• 1. The authority citation for part 39

continues to read as follows;

Authority: 49 U.S.l:. l06lgl. 40113, H701.

§39_13 [Amended}

II 2, The FAA amends § 39.13 by adding

the following lIew AD:

2009-21-10 AVOX Systems and filE

,\erosp"I'l:; Amendment 39-1li01!,1.

Docket No, FAA-2009-0915; IJire(:lumlc

Identifier 2lJ09-NM-22~-AD.

Effective Dale

lal This airworlhiull5s dire<;:tivp. {AUI is

effective D~mbcr 17, Z009_
federal Register/Vol. 74, No, Z30/Wednesday, December Z, ZOOS/Rules and Regulations 63065

------------------------------------------------------

Affected ADs

(Ill None.

Applicability

(cl This AD applies to the oxygen cylinder

assemblies, approved under United Stales

Departmeol of Transportation Regulations for

Type 3HT cylinders, idelltified io Table 1 of

this AD. These oxygen "ylinder assemblies

may be insl.a1led on various transport

airplanes. certificated in any catellory,

identified in but nut limited to the airplanes

included in Table ~ of this AD,

Manufacturer

AVOX Systems .

BlE Aerospace

Manufacturer

TABLE 1-AFFECTEO OXYGEN CYLINDER ASSEMBLY PART NUMBERS

Part Nos.

'6350A34 series, 800112----Q3.800112-10, 600112~13, 801293-03, 801307--00. 801307-01,801307-

02, 601307--03, 801307--07, 801307-{)9, 801307-23, 801307-24, 8013654, 801365-14, 801375-

00, 8019n-os, '8915 series.

('For example, 6350A34-X-X or 8915XX-XX, wilere "X" denotes a part number digit).

B4357Q-3, S4357G-5, 176018-115, 176112-115, 1761n-115, 176181-115, 176529-97.

TABLE 2-AFFECTED AiRPLANES

Model

Airbus

The Boeing Company .

Gulfstream Aerospace Company .

McDonnell Dooglas Corporation

Short Brothers

A300 B~20, 84---622, 84---605R, and F4---605Rairpianes.

A310-203, -204, -221, ---222,-304, and -324 airplanes.

A318-1 11 and -112 airplanes.

A319--111, -112, -113, -114. -115, -131. -132, and -133 airplanes.

A320-111, -211. -212. -214. -231, -232, and -233 airplanes.

A321-111, -112, -131, -211, and -231 airplanes.

A330-301, -321, and -322 airplanes.

A34Q-211 and -212 airplanes.

A34Q-311 and -312 airplanes.

707-100 long body. -200, -1008 long body, and -1ooB short body series airplanes; and 707-300.

-300B, -3OOC, and -400 series airplanes.

727, 727C, 727-100, 727 -100C, 727-200, and 727-200F series airplanl!S.

737-100, -200, -200C, -300, -400. -500, -600, -700, -700G, -EOO, -900, and -900ER series airplanes.

747-100, 747-1008, 747-100B SUO, 747-200B, 747-200G, 747-200F, 747-300, 747-400, 747-

4000, 747-400F, 747SR, and 747SP series airplanes.

757-200, -200PF, -200GB, and -300 series airplanes.

767-200, -300, -3OOF, and -4OOER series airplanes.

777-200. -200LR, -300, -3OOER, and 777F series airplanes.

G-IV airplanes.

OG-8--11 , DC-8-12, 0e-&-21, DC---8-31, DG-8-32, OC-8-33. 0G-8-41, DG-8-42, OG-8-43, De8-51. OG--8-52, 0G-8-53, and 0G-8--55 airplanes.

DC-9-11. 0G-9-12, OG-9-13, OG-9-14. DG-S-15, DC--9--15F, 0G-9-21, OG-9-31, OC--9-32, DG9-32 (VC-SC), DG-9-32F, DG-9-32F (G-SA, C-9B), OC-9-33F, DG-9--34, DG-9-34F, 0C-9-41.

OG-S-51, 0G-9-61 (MO-81). DC-9-82 (MD-82), OG-S-83 (MD-83), and OC-9-87 (MO-a7) air·

planes.

DC-10-1O, OC-1Q-l0F, OG-1Q-15, DC-10-30. OG-l0-30F (KG-lOA and KOC-lO), and DC-l0-40

airplanes.

MD-10-lOF and MD-10-30F airplanes.

MO-11 and MO-11F airplanes.

M0-88 airplanes.

MD-90-30 airplanes.

803-30. 803-SHERPA. and S03-60 SHERPA airplanes.

Subject

(d) Air Transport Association (ATA) of

America Code 35: Oxygen.

Unsafe Condition

(eJ This AD was prumpted by the reportud

rupture of a ltigh.pre.sllTl) l\~seous oxygell

9lind<:r, wbich had insufficient strength

charnde,'istics dlle to impropor heat

treatment. The Federal Avi"tlOIl

Administration is issuing this AD to prevent

au oxygen cylinder from rupturing, which,

depending on the location. could result in

structural damage and rapid decompression

of the airplane, damage to adjacent essential

!light equipment. deprivation of the

necessary oxygen supply for the [Jightcrew,

and injury LOcabin occupants or

maintenance or other support personnel.

Compliance

[!') You arc responSible for having tho

acLions required by this AI) performed within

the compliance Urnes specified, unless the

actions bave already been dOile.

InspC(:tion

(g) Within 90 days after the effective date

of this AD, inspect to determine tbe serial

number of the Ol(ygen cylinder asscmblilJS

installed in the airplane. The scrial number

is stamped into the steel cylinder Iloar the

neck. A review uf airplane re<:orcisis

uGceptabie in liell of this inspection if the

serial numbers of th", oxygen cylinder

assemblies can bl: condusively delennined

from that review. For any oxygen cylindllr

assembly that has il serial number identified

in Table 3 of this AD, Remove it from the

airpfanB before furthl:r flight.
63066 Federal Register/Vol. 74, No. 230/Wednesday, December 2, 2009/Rules and Regulations

TABlE 3-AFFECTEO OXYGEN CYliNDER AS5EMBl Y SERIAL NUMBER5

Cylinder manufacturer

AVOXSystems .

alE Aerospace

Affec1edserial Nos.

5T82307 through 5T82309 indusive.

5T82335 through 5T82378 inclusive.

5T82385 through 5T82506 inclusive, except for 5IN 5T82498. which ruptllred.

5T82550 through 5T82606 inclusive.

5T82517 through 5T82526 Inclusive.

5T83896 through 5T83905 inclusive

5T84209 through 5T84216 inclusive.

5T84224 through 5T84236 incillsive.

ST86138, 5T86143, ST86145, ST85150. ST66169, ST86172, 5T86177.

5T86299 through 5T65307 inclusive.

K495120 through K495121 Inclusive.

K617383 through K617423 inclusive.

K629573 through K629577 indusive.

K674451 through K674455 Inclusive.

K757064 through K757066 indusive.

Pam Installation

IhJ As uf the effective date of this AD. no

person may install. on any airplane, a United

States Departmeut or Transportation Type

3HT oxygen cyJindo:rassembly that has a p~rt

number idenlified in Table 1 of this AD and

a s~l'ial number idolllifi\,d in Table 3 of lhis

AD.

Allernative Melhuds ufCompliance

(AMOCs)

(i)(1) The Manager. Seattle Aircmfl

Certificallon Omce. FAA. has tbe authority 10

approve AMOCs for lhis AD, if requested

using tbe procedures fOlilldin 1'1CFR 39.19.

Send infoillllltion tu Alln; Rohcrt Hettman.

AerospaCl'!Eogiuccr, Cabin Safety and

Environmental Svstems Branch, AN1i-150S,

Seattle Aircrnfl r.ertification Office, FAA.

1601 Lind Avenue. SW .. Renton. Wasbington

96057-3356; lelepbone (425)917---6457;fax

(425J 917---6590.Or. e·mail illfonnation to 9·

ANM·Seatt[e-ACO-~\MOC·Req"est·'i@fGa .guv.

(2) To rcque,1 a different method of

compEanc!! nr a dil'fel'Urllcumpliarlce lime

for this AD, f"llow the procedures ill14 CFR

39.19 Before using any approvBd AMOC On

any airplane 10 whit:h lhe MlOC applies,

notify your prim:ipal mainlenance inspector

(PMll or priur:ipal a"ionics inspectur IPAl].

as appropriale. or lacking a pr'..ucipal

inspector. your local Flight Standards District

Omce. The AMOC approval leller musl

specifically refer to this AD.

Matenalincorporaled by Reference

(j) None.

Issued in Renton, Washington. 00

November 25, 2009.

I\IiBahram.,

Marwg<lr, "['ransport Airpl(111e Directorate.

Aircmft CerU[ir:nlion Service.

[FR Oar:. E9-·281\07 Filed 12-1-09; 8:45 ,Hul

alLLlNG CODE 4910_1J_P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

IEPA-ROS-QAR-2007-1130; FRL~9087-7l

Approval and Promulgation of Air

Quality Implementation Plans;

Minnesota

AGENCY: Environmental Protection

Agem::y [EPA).

ACTION: Direct final rule.

SUMMARY: EP...••.is approving a sitespecific revision to the Minnesota sulfur

dioxide (SO!l State Implementation

Plan (SIP) for the Rochester Public

Utilities Silver Lake Plant (RPU-SLP),

located in Rochester, Minnesota. In its

October 16, 2007, submittal, the

Minnesota Pollution Control Agency

{MPCA} requested that EPA approve

certain conditions contained lu RPUSLP's revised Federallv enforceable

joint Title IlTitle V document into thn

Minnesota S02 SiP. The request is

approvable because it satisfies the

requirements of the Clean Air Act

[CAA). The rationale for the approval

and other information are provided in

this rulemaking action.

DATES: This direct final rule will be

effective February 1. 20iD, unless EPA

receives adverse comments by January

4.2010. if adverse comments are

received, EPA \vill publish a timely

withdrawal of the direct final rule in the

federal Register informing the public

that the rule will not take effect.

ADDRESSES: Submit your comments,

identifted by Docket ID No. EPA-R05-

OAR-2007-11:IO, by one of the

following methods:

1. http://www,regulations,gov:Follow

the on-liue instrut.:tions for submitting

comments,

2. E·mail: iJlooney.john@epa.gov.

3. Fox: (312) 692-2551.

4. Mail: John M. Mooney. ['.hief.

Criteria Pollutant Section. Air Programs

Branch {AR 18J]. U.S. Environmental

Protection Agency. 77 West Jackson

Boulevard, Chicago, Illinois 60U04.

5. Hand Delivery: John M. Mooney.

Chief, Criteria Pollutanl Section. Air

Programs Branch (AR 18J), U.S,

Environmental Protection Agency, 77

West Jackson Doul€vard. Chicago.

Illinois ti0604, Such deliveries are only

accepted during the Regional Office

normal hours of operation, and special

arrangements should be made for

deliveries of boxed information. The

Regional Office official bours of

business are Monday through Friday,

8:30 a,m. to 4:30 p.m., excludiog

Federal holidays.

Instructions: Direct your comments to

Docket!D No. EPA-ROS-QAR-2007-

1130. ErA's policy is that aU comments

received will be included in the puhlic

docket without change and may be

made availab)e online al

www,reguliltiom.gov.includingany

personal infurillation provided. unless

the comment includes information

claimed to be Confidential Businoss

lnformation [eBl) or other information

whose disclosure is restricted by statute.

Do not submit information that you

consider to be em or othen ••.isc

protected through hllp:!1

II'ww.regu/ations.gavor e·mail. The

http://wwlI'.regufations.govWebsiteis

an "anonymous access" system. which

means EPA will not know your identity

or contact information unless you

provide it in the body of your comment.

If you send an e-mail comment directly

to EPA without going through http://

ll'ww.rcgu/atiofls,gav your e-mail

address will be automatically captured

and included as Plirt of the commellt

that is placed in the public docket and

made available on Ihe Internet. If you

submit an electronic comment, EPA

recommends lhal you include your