# '200'1

- IV11

-202 

# -Ab 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[}~SeSSiollofthe United Stales.



## • c;5. Amend § 1551.6 to add aparagraph ld) to read as follows: §165t.6 Childorchildren.



## • [d) Parentage disputes. Ifthe identity ofthe fath~r ormother ofachild 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 ofdeath.
PART 1653-eOURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS

Ell: 6. The authority r.itation forpart 1653 continu(J~ to read as follows: Authority: 5U.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 torevise paragraph (f)(3) and remove paragraph [0(4) to read as follows:
§1653.4 Catculating entillemenis.



## • [0' •• [3J Ifearnings 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 ofthe participant's account); (ii}lJetcrmining. based on the participant's investment allocation as of the effective date ofthe court order, the number and composition ofshares that the amount in paragraph ![)(3J(i) ofthis section would have purchased as ofthe effective date; and (Hi) Multiplying the price per share as ofthe payment date by the number and composition ofshares calcu lated in paragraph {f)(3J(iiJ ofthis section.

§1653.5 [Amended} 

## .9.Amend § 1653.5 by removing the last sentence ofparagraph (d).
PART 169G-THRIFT SAVINGS PLAN
!ill10,The authority citation forparI 1690 continues 10road as follows: Authority: 5U.S.C. 8••

7'1. tiil11. Add §1690.15 toread as follows:
§1690.15 Freezing an accountadministrative holds. (a) The TSP may freeze [e.g., place an administrative hold on) aparticipant's account for any ofthe following reasons: (1) Pursuant to a qualifying retirement benefits court order as set forth in part 1653 ofthis chapter: (2) Pursuant to a request from the Departmenl ofJustice undfJr the Mandatory Vidims Restitution Acl; (3) Upon the death ofa 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 acheck when accounl funds are insufficient); (7JPursuant 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 ofher 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. [FROar:.E9-Z8752 i'il~d 12-1-09: 8:45 am]

61LLING coo~

67l;D-Ol_P

DEPARTMENT OFTRANSPORTATION

Federal Aviation Administratlon

14 CFR Part 39 [Docket No.FAA-2009-Q915; Directorate Identifier 2009-NM-224-AD; Amendment 39-16049; AD2U09-21-10]
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 ofa 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\ ofthe 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 ofthe 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, DC20590, between 9a.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 atthe Docket Management Facility between 9 a.m, and 5p.m

.. Monday through Friday, except Federal holidays. The AD docket contains this AD. the regulatory evaluation, allYcomments 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">eOus

oxygen cylinder ruptured under what would be considered normal operating conditions. Further investigation indicates that the cylinder had in,,>ufficientstrength characteristics due to improper heat treatment. The improper heat treatment is limited to ,,>pedficproduction 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 oftile airplane, damAge to adjacent essential fligbt equipment, deprivation ofthe 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 ADbecause we evaluated all the relevant infurmation and determined the uusafe conditiOn dcscribed previously is likely to exist or develop in other products ofthese same type designs. This ADrequires removing the affected ox.ygencylinder assemblies from transport airplanes.
Related Rulemaking The FAA iscurrently 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 tiHlunsafe condition on thesl:laircraft.
FAA's Justification and Determination oflhe Effeclive Date This AD addresses the consequences ofthe potential rupture ofcertain oxygen cylinder assemblies. Because of
our requirement 10promote safe flight of civil aircraft and thus the critical need to ensure the proper functioning ofthe 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 afinal rule that involves requiremenls affecting [Ijght safety, and

we did not provide you with notice and

an opportunity to provide your comments before itbecomes effective. However, we invite you to send any written data. views. orarguments about this AD. Send your comments toilll address listed under the ADDRESSES section. Include "Docket No. F'AA2009-0915: Directorate Identifier 2009- NM-224-AD" atthe beginning ofyOllr COllllmmts. We spflcifil;ully invite comments on the ovenlll regulatory, economic, environmental, and energy aspects ofthis AD. We will consider all comments received by the closing date and may amend this ADbecause 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 areport summarizing each substantive verhal contact we receive about this AD. Autnority for This Rulemaking Title 49 ofthe 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 ofthe 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 ofcivil 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 ofthat authorit y because it addresses an unsafe condiliun that is likely 10exi,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 eITeclon the Stales. on the relationship between the national government and the States. or on the distribution ofpower and responsibilities among the various levels ofgovernment. 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 (44FR 11034. February 20. 1979). and [3)WHlnot have asignificant economic impact. positive or negative,

on asubstantial number ofsmall entities under the criteria ofthe Regulatory Flexibility Act. You can find our regulatory evaluation and lhe estimated costs of compliance in the AD Docket.
ListofSubjects in 14CfR Part 39 Air transportation. Aircraft. Aviation safety, Safety. Adoption urttIe Amendment

EllAccordingly, under the authority delegated to me by the Administrator. the FAA amends 14CFHpart 39 as follows:

PART 39-AIRWORTH!NESS DIRECTIVES

• 1.The authority citation forpart 39 continues to read as follows; Authority: 49U.S.l:. l06lgl. 40113,H701. §39_13 [Amended} II2,The FAA amends §39.13 byadding the following lIew AD:
2009-21-10 AVOXSystems 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 (IllNone. Applicability (clThis ADapplies to the oxygen cylinder assemblies, approved under United Stales Departmeol ofTransportation 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
~ofthis 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 (eJThis ADwas prumpted by the reportud rupture ofa 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 ADto prevent
au oxygen cylinder from rupturing, which, depending on the location. could result in structural damage and rapid decompression ofthe airplane, damage to adjacent essential !light equipment. deprivation ofthe necessary oxygen supply for the [Jightcrew, and injury LO

cabin occupants or maintenance or other support personnel. Compliance [!') You arc responSible forhaving 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 ofthis AD, inspect to determine tbe serial number ofthe Ol(ygencylinder asscmblilJS installed in the airplane. The scrial number is stamped into the steel cylinder Iloarthe neck. A review ufairplane re<:orcisis uGceptabie in liell ofthis inspection ifthe serial numbers ofth", oxygen cylinder assemblies can bl:condusively delennined from that review. For any oxygen cylindllr assembly that has ilserial number identified in Table 3 ofthis 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 Cylindermanufacturer
AVOXSystems

.

alE Aerospace Affec1edserial Nos.
5T82307 through 5T82309 indusive. 5T82335 through 5T82378 inclusive. 5T82385 through 5T82506 inclusive,except for5IN 5T82498. whichruptllred. 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. K495120through K495121 Inclusive. K617383through K617423inclusive. K629573through K629577indusive. K674451 through K674455Inclusive. K757064through K757066indusive.

Pam Installation IhJAsuftheeffectivedate ofthis AD.no person may install. onany airplane, aUnited States Departmeut orTransportation Type 3HToxygencyJindo:rassembly that has ap~rt number idenlified inTable 1ofthis ADand

as~l'ialnumber idolllifi\,dinTable 3oflhis AD. Allernative Melhuds ufCompliance (AMOCs) (i)(1)The Manager. Seattle Aircmfl Certificallon Omce. FAA.has tbe authority 10 approve AMOCsforlhis AD,ifrequested usingtbe procedures fOlilldin 1'1CFR39.19. Send infoillllltion tu Alln; RohcrtHettman. AerospaCl'!

Eogiuccr, Cabin Safetyand Environmental Svstems Branch, AN1i-150S, Seattle Aircrnflr.ertification Office,FAA. 1601 LindAvenue. SW

..Renton. Wasbington 96057-3356; lelepbone (425)917---6457;fax (425J917---6590.

Or. e·mail illfonnation to 9· ANM·Seatt[e-ACO-~\MOC·Req"est·'i@fGa .guv. (2)Torcque,1 a different method of compEanc!! nr adil'fel'Urll cumpliarlce lime forthis AD, f"llow the procedures ill14 CFR 39.19 Before using any approvBd AMOC On any airplane 10whit:h lheMlOC applies, notify your prim:ipal mainlenance inspector (PMllorpriur:ipal a"ionics inspectur IPAl].

asappropriale. orlacking apr'..ucipal inspector. your local Flight Standards District Omce. The AMOCapproval leller musl specifically refertothis AD. Matenalincorporaled by Reference (j)None. Issued inRenton, 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 Vdocument into thn Minnesota S02 SiP. The request is approvable because it satisfies the requirements ofthe 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. ifadverse comments are received, EPA \vill publish atimely withdrawal ofthe 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 ofthe 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 ofoperation, and special arrangements should be made for deliveries ofboxed 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 ofyour comment. Ifyou 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 ofthe commellt that is placed in the public docket and made available on Ihe Internet. Ifyou submit an electronic comment, EPA recommends lhal you include your