Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Proposed Rules 22543 

§ 2425.8 Collaboration and Alternative 

Dispute Resolution Program. 

The parties may request assistance 

from the Collaboration and Alternative 

Dispute Resolution Program (CADR) to 

attempt to resolve the dispute before or 

after an opposition is filed. Upon 

request, and as agreed to by the parties, 

CADR representatives will attempt to 

assist the parties to resolve these 

disputes. If the parties have agreed to 

CADR assistance, and the time for filing 

an opposition has not expired, then the 

Authority will toll the time limit for 

filing an opposition until the CADR 

process is completed. Parties seeking 

information or assistance under this part 

may call or write the CADR Office at 

1400 K Street NW., Washington, DC, 

20424. A brief summary of CADR 

activities is available on the Internet at 

http://www.flra.gov. 

§ 2425.9 Means of clarifying records or 

disputes. 

When required to clarify a record or 

when it would otherwise aid in 

disposition of the matter, the Authority, 

or its designated representative, may, as 

appropriate: 

(a) Direct the parties to provide 

specific documentary evidence, 

including the arbitration record as 

discussed in 5 CFR 2429.3; 

(b) Direct the parties to respond to 

requests for further information; 

(c) Meet with parties, either in person 

or via telephone or other electronic 

communications systems, to attempt to 

clarify the dispute or matters in the 

record; 

(d) Direct the parties to provide oral 

argument; or 

(e) Take any other appropriate action. 

§ 2425.10 Authority decision. 

The Authority shall issue its decision 

and order taking such action and 

making such recommendations 

concerning the award as it considers 

necessary, consistent with applicable 

laws, rules, or regulations. 

PART 2429—MISCELLANEOUS AND 

GENERAL REQUIREMENTS 

2. The authority citation for part 2429 

continues to read as follows: 

Authority: 5 U.S.C. 7134; § 2429.18 also 

issued under 28 U.S.C. 2122(a). 

3. Revise § 2429.5 to read as follows: 

§ 2429.5 Matters not previously presented; 

official notice. 

The Authority will not consider any 

material evidence, factual assertions, 

arguments (including affirmative 

defenses), requested remedies, or 

challenges to an awarded remedy that 

could have been, but were not, 

presented in the proceedings before the 

Regional Director, Hearing Officer, 

Administrative Law Judge, or arbitrator. 

The Authority may, however, take 

official notice of such matters as would 

be proper. 

4. In § 2429.21, revise paragraph (a) to 

read as follows: 

§ 2429.21 Computation of time for filing 

papers. 

(a) In computing any period of time 

prescribed by or allowed by this 

subchapter, except in agreement bar 

situations described in § 2422.12(c), (d), 

(e), and (f) of this subchapter, the day of 

the act, event, or default from or after 

which the designated period of time 

begins to run shall not be included. The 

last day of the period so computed is to 

be included unless it is a Saturday, 

Sunday, or a Federal legal holiday in 

which event the period shall run until 

the end of the next day which is neither 

a Saturday, Sunday, or a Federal legal 

holiday. Provided, however, in 

agreement bar situations described in 

§ 2422.12(c), (d), (e), and (f), if the 60th 

day prior to the expiration date of an 

agreement falls on a Saturday, Sunday, 

or a Federal legal holiday, a petition, to 

be timely, must be filed by the close of 

business on the last official workday 

preceding the 60th day. When the 

period of time prescribed or allowed is 

7 days or less, intermediate Saturdays, 

Sundays, and Federal legal holidays 

shall be excluded from the 

computations. 

* * * * * 

5. Revise § 2429.22 to read as follows: 

§ 2429.22 Additional time after service by 

mail or commercial delivery. 

Except as to the filing of an 

application for review of a Regional 

Director’s Decision and Order under 

§ 2422.31 of this subchapter, and subject 

to the rules set forth in § 2425.2 of this 

subchapter, whenever a party has the 

right or is required to do some act 

pursuant to this subchapter within a 

prescribed period after service of a 

notice or other paper upon such party, 

and the notice or paper is served on 

such party by mail or commercial 

delivery, 5 days shall be added to the 

proscribed period: Provided, however, 

that 5 days shall not be added in any 

instance where an extension of time has 

been granted. 

Dated: April 26, 2010. 

Carol Waller Pope, 

Chairman. 

[FR Doc. 2010–9996 Filed 4–28–10; 8:45 am] 

BILLING CODE 6727–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0457; Directorate 

Identifier 2010–CE–019–AD] 

RIN 2120–AA64 

Airworthiness Directives; Aircraft 

Industries a.s. Model L 23 Super Blanik 

Gliders 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (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: 

Cracks on the stabilizer elevator inner 

hinges of seven L 23 SUPERBLANI ́K 

sailplanes have been detected during an 

inspection. 

This condition, if not corrected, could 

result in no longer retaining the elevator in 

place and in jamming of the Pilot ́s elevator 

control system, and subsequent loss of 

elevator control. 

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 June 14, 2010. 

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 

W12–140, 1200 New Jersey Avenue, SE., 

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 http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

22544 Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Proposed Rules 

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 Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Greg 

Davison, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 

329–4090. 

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–2010–0457; Directorate Identifier 

2010–CE–019–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 because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

regulations.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

On March 29, 2010, we issued AD 

2010–08–01, Amendment 39–16256 (75 

FR 17295; April 6, 2010). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

AD 2010–08–01, was issued as an 

interim action in order to address the 

need for the immediate inspection of the 

elevator inner hinges on the stabilizer. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Emergency AD No.: 2010–0037–E, dated 

March 8, 2010 (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The EASA AD allows for repetitively 

inspecting the elevator inner hinges on 

the stabilizer for cracks or damage at 

intervals not to exceed every 1,000 

hours time-in-service (TIS), and, if you 

find any elevator inner hinge on the 

elevator is cracked or damaged, before 

further flight, replacing it. 

The Administrative Procedure Act 

does not permit the FAA to ‘‘bootstrap’’ 

a long-term requirement into an urgent 

safety of flight action where the rule 

becomes effective at the same time the 

public has the opportunity to comment. 

The short-term action and the long-term 

action were analyzed separately for 

justification to bypass prior public 

notice. 

We are issuing this proposed AD to 

address the requirement that you 

repetitively inspect the elevator inner 

hinges on the stabilizer at intervals not 

to exceed every 1,000 hours TIS. 

Relevant Service Information 

Aircraft Industries a.s. has issued 

Mandatory Bulletin MB No.: L23/052a, 

dated March 2, 2010. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, 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 and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed 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 proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a Note within the 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 103 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $17,510, or $170 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 4 work-hours and require parts 

costing $500, for a cost of $840 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Proposed Rules 22545 

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 

removing Amendment 39–16256 (75 FR 

17295; April 6, 2010), and adding the 

following new AD: 

Aircraft Industries a.s.: Docket No. FAA– 

2010–0457; Directorate Identifier 2010– 

CE–019–AD. 

Comments Due Date 

(a) We must receive comments by June 14, 

2010. 

Affected ADs 

(b) This AD supersedes AD 2010–08–01, 

Amendment 39–16256. 

Applicability 

(c) This AD applies to Model L 23 Super 

Blanik Gliders, all serial numbers, 

certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 55: Stabilizers. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Cracks on the stabilizer elevator inner 

hinges of seven L 23 SUPERBLANI ́K 

sailplanes have been detected during an 

inspection. 

This condition, if not corrected, could 

result in no longer retaining the elevator in 

place and in jamming of the Pilot’s elevator 

control system, and subsequent loss of 

elevator control. 

For the reasons stated above, this 

Emergency AD requires the inspection of the 

elevator inner hinges, and the 

accomplishment of the relevant corrective 

actions as necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) Before further flight as of April 6, 2010 

(the effective date of AD 2010–08–01), 

inspect the elevator inner hinges on the 

stabilizer in accordance with paragraphs 

A.1., A.2. and A.4. of Aircraft Industries, a.s. 

Mandatory Bulletin MB No.: L23/052a, dated 

March 2, 2010. 

(2) Repetitively inspect thereafter the 

elevator inner hinges on the stabilizer in 

accordance with paragraphs A.1., A.2. and 

A.4. of Aircraft Industries, a.s. Mandatory 

Bulletin MB No.: L23/052a, dated March 2, 

2010, at intervals not to exceed every 1,000 

hours time-in-service. 

(3) If, as a result of the inspection required 

by paragraph (f)(1) or (f)(2) of this AD, you 

find any elevator inner hinge on the elevator 

is cracked or damaged, before further flight, 

replace it in accordance with paragraphs A.3. 

and A.4. of Aircraft Industries, a.s. 

Mandatory Bulletin MB No.: L23/052a, dated 

March 2, 2010. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

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: Greg Davison, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4130; fax: (816) 329– 

4090. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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 FAAapproved 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 

(h) Refer to MCAI EASA Emergency AD 

No.: 2010–0037–E, dated March 8, 2010; and 

Aircraft Industries, a.s. Mandatory Bulletin 

MB No.: L23/052a, dated March 2, 2010, for 

related information. 

Issued in Kansas City, Missouri, on April 

22, 2010. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–9951 Filed 4–28–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0257] 

RIN 1625–AA00 

Safety Zone; Private Fireworks, Wilson 

Creek, Gloucester, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishing a safety zone on Wilson 

Creek in the vicinity of Gloucester, VA 

in support of a private fireworks event. 

This action is intended to restrict vessel 

traffic movement on Wilson Creek to 

protect mariners from the hazards 

associated with fireworks displays. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 1, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0257 using any one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

• Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail LT Tiffany Duffy, 

Chief Waterways Management Division, 

Sector Hampton Roads, Coast Guard; 

telephone (757) 668–5580, e-mail 

Tiffany.A.Duffy@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

mstockstill on DSKH9S0YB1PROD with PROPOSALS