Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68249 

(1) Replace the fuel pump electrical 

connector assembly having part number (P/ 

N) 60–84355–1 with new P/N 60–84351; or 

(2) Do the actions required by paragraphs 

(g)(2)(i) and (g)(2)(ii) of this AD. 

(i) Using a digital multi-meter, do a 

continuity, resistance, and insulation 

resistance inspection from the terminal strip 

through the fuel boost/transfer pump; and all 

applicable corrective actions specified in the 

service bulletin. Do all applicable corrective 

actions before further flight. 

(ii) Except as required by paragraph (i) of 

this AD, within 12 months after 

accomplishing the inspection required by 

paragraph (g)(2)(i) of this AD: Replace the 

fuel pump electrical connector assembly 

having part number (P/N) 60–84355–1 with 

a new fuel pump electrical connector 

assembly having P/N 60–84351. 

(h) Before further flight after installing the 

new fuel pump electrical connector 

assembly, insert the applicable Interim 

Operating Procedure regarding abnormal 

operations for failure of the fuel pump 

housing electrical connector into the 

Procedures section of the applicable airplane 

flight manual, in accordance with the 

applicable bulletin identified in Table 1 of 

this AD. 

TABLE 1—BULLETINS

Bulletin— Dated— To the— 

Boeing DC–10 Operations Bulletin 2–001B .................................. January 25, 2010 ........................ Boeing DC–10 Flight Crew Operating 

Manual (FCOM). 

Boeing MD–10 FCOM Advisory Bulletin 2–01B ............................ January 25, 2010 ........................ Boeing MD–10 FCOM.

Boeing MD–11 FCOM Advisory Bulletin 2–05C ............................ January 25, 2010 ........................ Boeing MD–11 FCOM.

Repetitive Inspections 

(i) Within 18 months after replacing the 

fuel pump electrical connector assembly as 

required by paragraph (g) of this AD, do a 

continuity, resistance, and insulation 

resistance inspection from the terminal strip 

through the fuel boost/transfer pump, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

DC10–28A261, dated December 1, 2009; or 

Boeing Alert Service Bulletin MD11–28A143, 

dated December 2, 2009; as applicable. Do all 

applicable corrective actions before further 

flight in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin DC10–28A261, dated 

December 1, 2009; or Boeing Alert Service 

Bulletin MD11–28A143, dated December 2, 

2009; as applicable. Repeat the inspections 

thereafter at intervals not to exceed 18 

months. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Los Angeles Aircraft 

Certification Office (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: 

Philip Kush, Aerospace Engineer, Propulsion 

Branch, ANM–140L, FAA, Los Angeles 

Aircraft Certification Office, 3960 Paramount 

Boulevard, Lakewood, California 90712– 

4137; telephone (562) 627–5263; 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. 

Issued in Renton, Washington, on October 

21, 2010. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–28092 Filed 11–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 65 

[Docket No.: FAA–2010–1060] 

Policy Clarifying Definition of ‘‘Actively 

Engaged’’ for Purposes of Inspector 

Authorization 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of Proposed Policy. 

SUMMARY: This action proposes to clarify 

the term ‘‘actively engaged’’ for the 

purposes of application for and renewal 

of an inspection authorization. This 

proposal would amend the Flight 

Standards Management System Order 

8900.1. 

DATES: Comments must be received on 

or before December 6, 2010. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2010–1060 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send Comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, West Building 

Ground Floor, Washington, DC 20590– 

0001. 

• Hand Delivery: Take comments to 

Docket Operations in Room W12–140 of 

the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

FOR FURTHER INFORMATION CONTACT: Ed 

Hall, Aircraft Maintenance General 

Aviation Branch, AFS–350, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (804) 

222–7494 ext. 240; e-mail: 

ed.hall@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested persons to 

submit written comments, data, or 

views concerning this proposal. The 

most helpful comments reference a 

specific portion of the proposal, explain 

the reason for any recommended 

change, and include supporting data. To 

ensure the docket does not contain 

duplicate comments, please send only 

one copy of written comments, or if you 

are filing comments electronically, 

please submit your comments only one 

time. 

The FAA will file in the docket all 

comments received, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposal. Before acting on this 

proposal, the FAA will consider all 

comments received on or before the 

closing date for comments and any latefiled comments if it is possible to do so 

without incurring expense or delay. The 

FAA may change this proposal in light 

of comments received. 

Availability of This Proposed Policy 

You can get an electronic copy using 

the Internet by— 

(1) Searching the Federal 

eRulemaking Portal (http:// 

www.regulations.gov); 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

You can also get a copy by sending a 

request to the Federal Aviation 

Administration, Office of Rulemaking, 

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68250 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 

ARM–1, 800 Independence Avenue, 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. Make sure to 

identify the docket number or notice 

number of this proposal. 

Background 

Section 65.91(c) of Title 14 of the 

Code of Federal Regulations sets forth 

the eligibility requirements for obtaining 

an inspection authorization (IA). Among 

other requirements not related to this 

proposal, an applicant must ‘‘have been 

actively engaged, for at least the twoyear period before the date he applies, 

in maintaining aircraft certificated and 

maintained in accordance with [FAA 

regulations].’’ Section 65.93(a) sets forth 

the eligibility requirements for renewing 

an IA and incorporates the requirements 

for obtaining one under § 65.91(c)(1)– 

(4). Accordingly, an individual must be 

actively engaged, for at least the prior 

two-year period, in maintaining aircraft 

to be eligible to either obtain or renew 

an IA. 

The FAA provides guidance 

concerning the issuance of IAs in the 

Flight Standards Information 

Management System (FSIMS), FAA 

Order 8900.1, Volume 5, Chapter 5, 

Sections 7 and 8. These sections assist 

aviation safety inspectors (ASIs) in 

evaluating an initial application for an 

IA or an application for renewing an IA 

as well as allow a prospective applicant 

to determine his or her eligibility. IAs 

are issued for two years and expire on 

March 31 of odd-numbered years. 

March 31, 2011, is the next expiration 

date. 

The definition of the term ‘‘actively 

engaged’’ has caused confusion among 

ASIs and aircraft maintenance 

personnel. The term is not defined in 14 

CFR, and its definition in agency 

guidance materials has varied over time. 

Prior to 1988, the FAA considered 

persons exercising their mechanic 

certificate when employed full-time in 

aircraft maintenance to be actively 

engaged, and those employed on a parttime basis were individually evaluated 

by an FAA inspector. In 1988, the FAA 

issued new guidance tightening the 

definition of actively engaged to include 

only those individuals employed full 

time in inspecting, supervising, 

overhauling, repairing, preserving, or 

replacing parts on certificated aircraft. 

In April 2010, the FAA retracted the 

1988 policy, largely because it had been 

applied inconsistently, and began the 

process of clarifying actively engaged 

through agency guidance. This proposal 

is the result of that process. 

Generally, amendments to the FSIMS 

are made directly by the FAA’s Flight 

Standards Service. However, because of 

the widespread confusion and 

inconsistent interpretation of actively 

engaged, the FAA is publishing this 

proposed FSIMS amendment and 

inviting public comment on it. 

Discussion of the Proposal 

It is a longstanding FAA requirement 

that an applicant for an IA or for 

renewal of an IA be actively engaged 

(i.e., an active, working airframe and 

powerplant (A&P) mechanic exercising 

the privileges of the mechanic 

certificate). An applicant can 

demonstrate that he or she is an active, 

working A&P mechanic in a number of 

ways. 

An applicant who is employed fulltime in inspecting, overhauling, 

repairing, preserving, or replacing parts 

on aircraft consistently has been 

considered actively engaged. An 

applicant who is employed part-time in 

those maintenance activities may be 

actively engaged. An applicant who 

participates in (regardless of 

employment status) those maintenance 

activities part time or occasionally may 

be actively engaged. 

Whether that part-time or occasional 

employment or participation constitutes 

actively engaged depends on the 

circumstances. For that reason, those 

determinations must be made by the 

ASI reviewing the application. To make 

the determination, the ASI should 

consider the type of maintenance 

activity performed, considering any 

special expertise required, and the 

quantity of maintenance activity. In 

some cases, such as a mechanic 

performing maintenance in geographical 

area that has limited access to some 

special expertise or a retired mechanic 

who occasionally performs maintenance 

as needed, the type of maintenance 

activity may be the determining factor 

even when its quantity is relatively 

insignificant. Because the ASI’s 

determination is unique to each 

applicant, the ASI would use 

documentation or other evidence 

provided by the applicant detailing the 

maintenance activity. Accordingly, the 

FAA proposes to define in FAA Order 

8900.1 the factors an ASI should 

consider when reviewing an application 

for an IA or for renewal of an IA. 

Additionally, FAA Order 8900.1 

restricts the types of maintenance that 

ASIs can perform because of ethical 

concerns. The FAA does not intend for 

ASIs to lose their IAs because of these 

limitations. Accordingly, the FAA 

proposes a carve-out for ASIs who also 

hold an IA. 

The FAA intends this policy 

statement to clarify rather than change 

the definition of ‘‘actively engaged’’ and 

provide clear guidance to ASIs that can 

be applied consistently. The FAA 

intends for this clarification to be in 

effect for the next IA renewal cycle in 

March 2011. 

Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend FAA Order 8900.1, 

Volume 5, Chapter 5 as follows: 

1. Amend Section 7, Paragraph 

5–1279 by adding a Note after 

subparagraph A to read: 5–1279 

ELIGIBILITY. The ASI must establish 

the applicant’s eligibility before 

allowing the applicant to test. None of 

the requirements of Title 14 of the Code 

of Federal Regulations (14 CFR) part 65, 

§ 65.91 can be waived by the ASI. 

A. The applicant must hold a current 

mechanic’s certificate, with both 

airframe and powerplant ratings, that 

has been in effect for at least 3 years. 

The applicant must have been actively 

engaged in maintaining certificated 

aircraft for at least the 2-year period 

before applying. 

Note: Actively engaged means exercising 

the privileges of an airframe and powerplant 

mechanic certificate in the maintenance of 

civil aircraft. Applicants who are employed 

full-time in inspecting, overhauling, 

repairing, preserving, or replacing parts on 

aircraft are considered to be actively engaged. 

Applicants who are employed or participate 

in inspecting, overhauling, repairing, 

preserving, or replacing parts on aircraft on 

a part-time or occasional basis will be 

evaluated by the ASI to determine whether 

the applicant is actively engaged. The ASI 

will evaluate the scope of part-time or 

occasional activity based on the type of 

maintenance activity, including any special 

expertise required, and the quantity of 

maintenance activity performed. To evaluate 

the scope of the part-time or occasional 

maintenance activity, the ASI will use 

evidence or documentation provided by the 

applicant showing inspection, overhauling, 

repairing, preserving, or replacing parts on 

aircraft. 

B. There must be a fixed base of 

operation at which the applicant can be 

located in person or by telephone. This 

base need not be the place where the 

applicant will exercise the inspection 

authority. 

C. The applicant must have available 

the equipment, facilities, and inspection 

data necessary to conduct proper 

inspection of airframes, powerplants, 

propellers, or any related part or 

appliance. This data must be current. 

D. The applicant must pass the IA 

knowledge test, testing the ability to 

inspect according to safety standards for 

approval for return to service of an 

aircraft, related part, or appliance after 

major repairs or major alterations, and 

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Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Proposed Rules 68251 

annual or progressive inspections 

performed under part 43. There is no 

practical test required for an IA. 

Note: The ASI should see paragraph 

5–1285 for instructions on determining an 

applicant’s eligibility. 

2. Amend Section 8, Paragraph 

5–1309 by adding a Note after 

subparagraph (A)(1) to read: 5–1309 

RENEWAL OF INSPECTION 

AUTHORIZATION. 

A. Application Requirements. 

Application for renewal may be 

required to comply with the following: 

(1) Show evidence the applicant still 

meets the requirements of § 65.91(c)(1) 

through (4). 

Note: Refer to Paragraph 5–1279(A)–(C) of 

this document for information on meeting 

§ 65.91(c)(1) through (4) requirements. 

Because volume 1, chapter 3, section 2 of this 

Order limits the type of maintenance that 

ASIs can perform, an ASI may renew an IA 

regardless of volume of maintenance work 

performed. 

(2) Complete Federal Aviation 

Administration (FAA) Form 8610–1, 

Mechanic’s Application for Inspection 

Authorization, in duplicate. 

(3) Show evidence the applicant 

meets the requirements of § 65.93(a) for 

both the first and second year in the 

form of an activity sheet or log, training 

certificates, and/or oral test results, as 

applicable. 

Issued in Washington, DC, on October 29, 

2010. 

John McGraw, 

Deputy Director, Flight Standards Service. 

[FR Doc. 2010–27834 Filed 11–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0552; FRL–9221–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; 2002 Base Year 

Emission Inventory, Reasonable 

Further Progress Plan, Contingency 

Measures, Reasonably Available 

Control Measures, and Transportation 

Conformity Budgets for the 

Pennsylvania Portion of the 

Philadelphia-Wilmington-Atlantic City 

1997 8-Hour Moderate Ozone 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Pennsylvania State 

Implementation Plan (SIP) to meet the 

2002 base year emissions inventory, the 

reasonable further progress (RFP) plan, 

RFP contingency measure, and 

reasonably available control measure 

(RACM) requirements of the Clean Air 

Act (CAA) for the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE moderate 1997 8-hour ozone 

nonattainment area. EPA is also 

proposing to approve the 2008 

transportation conformity motor vehicle 

emissions budgets (MVEBs) associated 

with the reasonable further progress 

portion of these revisions. EPA is 

proposing to approve the SIP revisions 

because they satisfy the emission 

inventory, RFP, RACM, RFP 

contingency measures, and 

transportation conformity requirements 

for areas classified as moderate 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) and demonstrates 

further progress in reducing ozone 

precursors. EPA is proposing to approve 

the SIP revision, pursuant to section 110 

and part D of the CAA and EPA’s 

regulations. 

DATES: Written comments must be 

received on or before December 6, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0552 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: pino.maria@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0552, 

Maria Pino, Acting Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0552. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

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:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Brian K. Rehn, (215) 814–2176, or by 

e-mail at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

The following is provided to aid in 

locating information in this document. 

I. What action is EPA taking? 

II. What is the background of this action? 

III. What is EPA’s evaluation of the revision? 

IV. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to approve a 

revision, and two subsequent 

clarification SIP revisions, to the 

Pennsylvania SIP. This SIP revision was 

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