37708 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

Regulatory Requirements 

Executive Order 12866 

This rule is not a significant 

regulatory action under Executive Order 

12866. 

Regulatory Flexibility Act 

Because a notice of proposed 

rulemaking was not required for this 

rule, the provisions of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) do 

not apply. 

Paperwork Reduction Act 

DHS has determined that the 

collection of information required by 

this rule falls under the ‘‘administrative 

exception’’ to the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). The 

‘‘administrative exception,’’ applies 

because any such collection is made 

during the conduct of administrative 

action taken by an agency against 

specific individuals or entities. 5 CFR 

1320.4(a)(2). 

Signing Authority 

The authority to prescribe regulations 

to administer and enforce the 

immigration laws was transferred by the 

Homeland Security Act to the Secretary 

of Homeland Security. The signing 

authority for these amendments, 

therefore, falls under 8 CFR 2.1. 

List of Subjects 

8 CFR Part 274 

Administrative practice and 

procedure, Seizures and forfeitures, 

Conveyances. 

19 CFR Part 162 

Administrative practice and 

procedure, Customs duties and 

inspection, Law enforcement, Penalties, 

Prohibited merchandise, Reporting and 

recordkeeping requirements, Seizures 

and forfeitures. 

Amendments 

■ Accordingly, the interim final rule 

amending part 274 of title 8 of the Code 

of Federal Regulations (8 CFR part 274) 

and part 162 of title 19 of the Code of 

Federal Regulations (19 CFR part 162), 

which was published in the Federal 

Register at 73 FR 9010 on February 19, 

2008, is adopted as a final rule without 

change. 

Dated: June 22, 2010. 

Janet Napolitano, 

Secretary. 

[FR Doc. 2010–15580 Filed 6–29–10; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1029; Directorate 

Identifier 2009–NM–103–AD; Amendment 

39–16348; AD 2010–14–03] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing 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: 

Following in-flight test deployments, 

several Air-Driven generators (ADGs) failed 

to come on-line. Investigation revealed that, 

as a result of a wiring anomaly that had not 

been detected during ADG manufacture, a 

short circuit was possible between certain 

internal wires and their metallic over-braided 

shields, which could result in the ADG not 

providing power when deployed. * * * 

The unsafe condition is failure of the 

ADG, which could lead to loss of several 

functions essential for safe flight. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective 

August 4, 2010. 

On April 30, 2009 (74 FR 13086, 

March 26, 2009), the Director of the 

Federal Register approved the 

incorporation by reference of a certain 

publication listed in this AD. 

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: 

Fabio Buttitta, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7303; 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 November 5, 2009 (74 FR 

57271), and proposed to supersede AD 

2009–06–17, Amendment 39–15854 (74 

FR 13086, March 26, 2009). That NPRM 

proposed to correct an unsafe condition 

for the specified products. 

Since we issued AD 2009–06–17, we 

have been advised that additional airdriven generators may have been 

installed between the effective date of 

Canadian Airworthiness Directive CF– 

2008–09, and the effective date of the 

equivalent FAA AD 2009–06–17. 

Therefore, we have determined that the 

actions specified in paragraph (f)(1) of 

AD 2009–06–17 also must be done on 

airplanes having serial numbers 8084 

through 8102. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Support for the NPRM 

The Air Line Pilots Association, 

International supports the intent of the 

NPRM. 

Request To Revise the Proposed 

Applicability To Apply AD to Part, Not 

Airplanes 

Air Wisconsin Airlines Corporation 

(Air Wisconsin) suggests that we revise 

the applicability statement of the NPRM 

to refer to the specific serial numbers of 

the air-driven generators (ADGs) as 

installed on Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes; certificated in any category. 

Air Wisconsin states that the FAA said 

in AD 2008–01–04, Amendment 39– 

15329 (73 FR 1964, January 11, 2008), 

that parts on the shelf pose no safety 

concern. 

From these statements, we infer that 

Air Wisconsin requests that we change 

the applicability statement of the NPRM 

to refer to the ADG part numbers instead 

of the airplane model. We disagree. 

When an unsafe condition results from 

the installation of a particular 

component in only one particular make 

and model of airplane, we apply the AD 

to the airplane model, not the 

component. Thus, operators of those 

airplanes will be notified directly of the 

unsafe condition and the action 

required to correct it. Specifying the 

airplane models in the applicability of 

the AD will ensure affected operators 

are aware of their need to comply with 


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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37709 

the AD. We have not changed the AD in 

this regard. 

Request To Withdraw NPRM 

Air Wisconsin requests that we 

rescind the NPRM for several reasons. 

Air Wisconsin states the unsafe 

condition has already been mitigated 

through AD 2009–06–17, Amendment 

39–15854 (74 FR 13086, March 26, 

2009), which this final rule supersedes. 

Air Wisconsin also notes that all the 

referenced data in the NPRM is the same 

as in AD 2009–06–17. Air Wisconsin 

points out that the airplanes referred to 

in paragraphs (f)(1)(i), (f)(1)(ii), 

(f)(1)(ii)(B), (f)(3), (g)(1)(i), (g)(1)(ii), 

(g)(1)(ii)(B), and (g)(2) of the NPRM do 

not indicate or reference the proposed 

airplane change. Therefore, Air 

Wisconsin argues, the NPRM does not 

apply to these airplanes. Finally, Air 

Wisconsin states that paragraph (f)(2) of 

AD 2009–06–17 and paragraph ‘‘B.’’ of 

Canadian Airworthiness Directive CF– 

2008–09, dated February 5, 2008, 

prohibit the installation of ADGs 

identified in Table 1 of the AD unless 

it is identified with the symbol ‘‘24–2.’’ 

We disagree with the request to 

withdraw the NPRM. AD 2009–06–17 

applies to Model CL–600–2B19 

(Regional Jet Series 100 & 440) 

airplanes; certificated in any category; 

having serial numbers 7305 through 

7990, and 8000 and subsequent. The 

inspection requirement in that AD 

applied to airplanes having serial 

numbers 7305 through 7990 inclusive, 

and 8000 through 8083 inclusive. We 

are now superseding AD 2009–06–17 to 

expand the inspection requirement and 

to include airplanes having serial 

numbers 8084 through 8102 inclusive. 

Because we have expanded the 

applicability, we are superseding AD 

2009–06–17 to address the unsafe 

condition on those additional airplanes, 

even though the technical data remains 

the same. Additionally, the 

requirements in the previous AD do not 

address units that were installed on 

airplanes before April 30, 2009 (the 

effective date of AD 2009–06–17). We 

have not changed the AD in regard to 

this issue. 

Explanation of Change Made to the 

Proposed AD 

We have revised the NPRM to identify 

the legal name of the manufacturer as 

published in the most recent type 

certificate data sheet for the affected 

airplane models. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We also determined that these changes 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

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. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the NPRM, we have 

increased the labor rate used in the 

Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of 

Compliance information, below, reflects 

this increase in the specified hourly 

labor rate. 

Costs of Compliance 

We estimate that this AD will affect 

about 686 products of U.S. registry. 

The actions that are required by AD 

2009–06–17 and retained in this AD 

take about 5 work-hours per product, at 

an average labor rate of $85 per workhour. Required parts would cost about 

$0 per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these costs. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of 

this AD to the U.S. operators to be 

$291,550, or $425 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: 


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37710 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Amendment 39–15854 (74 FR 

13086, March 26, 2009) and adding the 

following new AD: 

2010–14–03 Bombardier, Inc.: Amendment 

39–16348. Docket No. FAA–2009–1029; 

Directorate Identifier 2009–NM–103–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective August 4, 2010. 

Affected ADs 

(b) This AD supersedes AD 2009–06–17, 

Amendment 39–15854. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model CL–600–2B19 (Regional Jet Series 100 

& 440) airplanes; certificated in any category; 

having serial numbers (S/Ns) 7305 through 

7990, and 8000 and subsequent. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 24: Electrical power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Following in-flight test deployments, 

several Air-Driven generators (ADGs) failed 

to come on-line. Investigation revealed that, 

as a result of a wiring anomaly that had not 

been detected during ADG manufacture, a 

short circuit was possible between certain 

internal wires and their metallic over-braided 

shields, which could result in the ADG not 

providing power when deployed. This 

directive mandates checking of the ADG and 

modification of the ADG internal wiring, if 

required. It also prohibits future installation 

of unmodified ADGs. 

The unsafe condition is failure of the ADG, 

which could lead to loss of several functions 

essential for safe flight. 

Restatement of Requirements of AD 2009– 

06–17, With No Changes 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) For airplanes having serial numbers 

(S/Ns) 7305 through 7990 and 8000 through 

8083: Within 12 months after April 30, 2009 

(the effective date of AD 2009–06–17), 

inspect the S/N of the installed ADG. A 

review of airplane maintenance records is 

acceptable in lieu of this inspection if the 

serial number of the ADG can be 

conclusively determined from that review. 

(i) If the serial number is not listed in 

paragraph 1.A of Bombardier Service Bulletin 

601R–24–113, Revision A, dated August 11, 

2005, no further action is required by this 

paragraph. 

(ii) If the serial number is listed in 

paragraph 1.A of Bombardier Service Bulletin 

601R–24–113, Revision A, dated August 11, 

2005, within 12 months after April 30, 2009, 

inspect the ADG identification plate and, as 

applicable, do the actions of paragraph 

(f)(1)(ii)(A) or (f)(1)(ii)(B) of this AD. 

(A) If the identification plate is marked 

with the symbol ‘‘24–2,’’ no further action is 

required by this paragraph. 

(B) If the identification plate is not marked 

with the symbol ‘‘24–2,’’ modify the ADG 

wiring in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 601R–24–113, Revision A, 

dated August 11, 2005. 

(2) For airplanes having S/Ns 7305 through 

7990, and 8000 and subsequent: As of April 

30, 2009, no ADG as described in Table 1 of 

this AD may be installed on any airplane, 

unless the identification plate of the ADG is 

identified with the symbol ‘‘24–2.’’ 

Note 1: Bombardier Service Bulletin 601R– 

24–113, Revision A, dated August 11, 2005, 

refers to Hamilton Sundstrand Service 

Bulletin ERPS10AG–24–2, dated February 

19, 2004, for further guidance on identifying 

the symbol ‘‘24–2.’’ 

TABLE 1—ADG IDENTIFICATION

ADG Part No. Having ADG Serial No. 

604–90800–1 (761339C), 604–90800–17 

(761339D), or 604–90800–19 (761339E).

0101 through 0132, 0134 through 0167, 0169 through 0358, 0360 through 0438, 0440 through 

0456, 0458 through 0467, 0469, 0471 through 0590, 0592 through 0597, 0599 through 

0745, 0747 through 1005, or 1400 through 1439. 

(3) Actions done before April 30, 2009, 

according to Bombardier Service Bulletin 

601R–24–113, dated April 22, 2004, are 

considered acceptable for compliance with 

the corresponding actions specified in 

paragraph (f)(1) of this AD, provided the ADG 

has not been replaced since those actions 

were done. 

New Requirements of This AD 

Actions and Compliance 

(g) Unless already done, do the following 

actions. 

(1) For airplanes having S/Ns 8084 through 

8102: Within 12 months after the effective 

date of this AD, inspect the serial number of 

the installed ADG. A review of airplane 

maintenance records is acceptable in lieu of 

this inspection if the serial number of the 

ADG can be conclusively determined from 

that review. 

(i) If the serial number is not listed in 

paragraph 1.A of Bombardier Service Bulletin 

601R–24–113, Revision A, dated August 11, 

2005, no further action is required by this 

paragraph. 

(ii) If the serial number is listed in 

paragraph 1.A of Bombardier Service Bulletin 

601R–24–113, Revision A, dated August 11, 

2005, within 12 months after the effective 

date of this AD, inspect the ADG 

identification plate and, as applicable, do the 

actions specified in paragraph (g)(1)(ii)(A) or 

(g)(1)(ii)(B) of this AD. 

(A) If the identification plate is marked 

with the symbol ‘‘24–2,’’ no further action is 

required by this paragraph. 

(B) If the identification plate is not marked 

with the symbol ‘‘24–2,’’ modify the ADG 

wiring in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 601R–24–113, Revision A, 

dated August 11, 2005. 

(2) Actions done before the effective date 

of this AD according to Bombardier Service 

Bulletin 601R–24–113, dated April 22, 2004, 

are considered acceptable for compliance 

with the corresponding actions specified in 

paragraph (g)(1) of this AD, provided the 

ADG has not been replaced since those 

actions were done. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: The 

MCAI specifies to inspect S/Ns 7305 through 

7990 and 8000 through 8083. This AD also 

specifies to inspect S/Ns 8084 through 8102. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office, 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 


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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37711 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to MCAI Canadian Airworthiness 

Directive CF–2008–09, dated February 5, 

2008; and Bombardier Service Bulletin 601R– 

24–113, Revision A, dated August 11, 2005; 

for related information. 

Material Incorporated by Reference 

(j) You must use Bombardier Service 

Bulletin 601R–24–113, Revision A, dated 

August 11, 2005, to do the actions required 

by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of Bombardier Service Bulletin 

601R–24–113, Revision A, dated August 11, 

2005, on April 30, 2009 (74 FR 13086, March 

26, 2009). 

(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 June 17, 

2010. 

Robert D. Breneman, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–15819 Filed 6–29–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2007–29305; Amdt. No. 

91–314–A] 

RIN 2120–AI92 

Automatic Dependent Surveillance— 

Broadcast (ADS–B) Out Performance 

Requirements To Support Air Traffic 

Control (ATC) Service; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting a final 

rule published on May 28, 2010. In that 

rule, the FAA amended its regulations 

to add equipage requirements and 

performance standards for Automatic 

Dependent Surveillance—Broadcast 

(ADS–B) Out avionics on aircraft 

operating in Classes A, B, and C 

airspace, as well as certain other 

specified classes of airspace within the 

U.S. National Airspace System (NAS). 

This document corrects errors in 

footnoted material in the preamble and 

cross references in the preamble and 

rule text of that final rule. 

DATES: The final rule and this correction 

will become effective August 11, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Vincent Capezzuto, 

Surveillance and Broadcast Services, 

AJE–6, Air Traffic Organization, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

385–8637; email 

vincent.capezzuto@faa.gov. 

For legal questions concerning this 

final rule, contact Lorelei Peter, Office 

of the Chief Counsel, AGC–220, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone 202– 

267–3134; e-mail lorelei.peter@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 28, 2010, the FAA published 

a final rule entitled, ‘‘Automatic 

Dependent Surveillance—Broadcast 

(ADS–B) Out Performance Requirements 

To Support Air Traffic Control (ATC) 

Service’’ (75 FR 30160). 

There are three footnotes in the 

preamble for the final rule that refer the 

reader to the docket to find information 

on the analyses and evaluations 

performed by the Separation Standards 

Working Group. The FAA is revising 

two of those footnotes (footnotes 23 and 

33) to clarify that the cited material is 

contained in Annexes B and G of RTCA 

DO–318 Safety, Performance and 

Interoperability Requirements 

Document for Enhanced Air Traffic in 

Radar-Controlled Areas Using ADS–B 

Surveillance (ADS–B RAD). A copy of 

those two annexes is in the docket. The 

third footnote (footnote 54) cites a SBS 

Working Group Report, dated November 

30, 2006. This footnote should reference 

instead Annexes B and G of RTCA DO– 

318. 

In addition, both the preamble 

discussion and the regulatory text of 

§§ 91.225 and 91.227 address equipment 

with an approved deviation under 

§ 21.618. By separate rulemaking 

entitled ‘‘Production and Airworthiness 

Approval, Part Marking, and 

Miscellaneous Amendments,’’ published 

October 16, 2009 (74 FR 53368), the 

FAA revised part 21 subpart O, and 

§ 21.609 Approval for deviation was 

renumbered as § 21.618, effective April 

14, 2010. The FAA later published a 

correction to that rule on March 1, 2010 

(75 FR 9095) changing the effective date 

for the revision of subpart O to April 16, 

2011. In the ADS–B final rule, therefore, 

the FAA is changing the references from 

§ 21.618 to § 21.609 to reflect the correct 

section number. The FAA also is issuing 

a separate technical amendment 

elsewhere in this issue of the Federal 

Register to change the reference from 

§ 21.609 to § 21.618, effective April 16, 

2011. 

In final rule FR Doc. 2010–12645, 

beginning on page 30160, in the Federal 

Register of May 28, 2010, make the 

following corrections: 

Corrections to Preamble 

1. On page 30164, in the second 

column, in fourth line, revise ‘‘§ 21.618’’ 

to read ‘‘§ 21.609.’’ 

2. On page 30166, in the second 

column, revise footnote 23 to read as 

follows: 

23The SSWG findings and analyses were 

adopted by RTCA SC–186 and codified in 

Annexes B and G of DO–318 Safety, 

Performance and Interoperability 

Requirements Document for Enhanced Air 

Traffic in Radar-Controlled Areas Using 

ADS–B Surveillance (ADS–B RAD). The 

annexes are available at http:// 

www.regulations.gov. The docket number for 

this rulemaking is FAA–2007–29305. 

3. On page 30169, in the third 

column, revise footnote 33 to read as 

follows: 

33The FAA’s determination was based on 

the findings of the SSWG, which were 

adopted by RTCA SC–186 and codified in 

Annexes B and G of DO–318 Safety, 

Performance and Interoperability 

Requirements Document for Enhanced Air 

Traffic in Radar-Controlled Areas Using 

ADS–B Surveillance (ADS–B RAD). The 

annexes are available at http:// 

www.regulations.gov. The docket number for 

this rulemaking is FAA–2007–29305. 

4. On page 30179, in the third 

column, revise footnote 54 to read as 

follows: 

54These operational evaluations were 

based on the findings of the SSWG, were 

adopted by RTCA SC–186 and codified in 

Annexes B and G of DO–318 Safety, 

Performance and Interoperability 

Requirements Document for Enhanced Air 

Traffic in Radar-Controlled Areas Using 

ADS–B Surveillance (ADS–B RAD). The 

annexes are available at http:// 

www.regulations.gov. The docket number for 

this rulemaking is FAA–2007–29305. 


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