22710 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 

TABLE III—EXTERNAL DEFECTS—Continued 

Defects Damage Serious damage 1

* * * * * * * 

Sprouts ................................. When more than 5 percent of the potatoes in any lot 

have any sprout more than 1⁄4 inch in length at shipping point; more than 1⁄2 inch in length at destination; 

or have numerous individual and/or clusters of 

sprouts which materially detract from the appearance 

of the potato.

When more than 10 percent of the potatoes in any lot 

have any sprout more than 1⁄2 inch in length at shipping point; more than 1 inch in length at destination; 

or have numerous individual and/or clusters of 

sprouts which seriously detract from the appearance 

of the potato. Serious damage by sprouts shall only 

be scored against the U.S. Commercial and U.S. No. 

2 grades. 

* * * * * * * 

1The following defects are considered serious damage when present in any degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern bacterial wilt. 5. Soft rot. 6. Wet breakdown. 

§ 51.1565 [Amended] 

9. Section 51.1565 is amended by: 

A. Amending the introductory text by 

removing the reference ‘‘Table IV’’, and 

by adding the reference ‘‘Table VII’’, in 

its place; and 

B. Amending Table VII, by removing 

the column heading ‘‘Damage Maximum 

allowed’’ and adding the heading 

‘‘Damage Maximum Allowed’’ in its 

place, and by removing the column 

heading ‘‘Serious Maximum allowed’’, 

and by adding the column heading 

‘‘Serious Damage Maximum Allowed’’ in 

its place. 

Dated: April 22, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–9822 Filed 4–29–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0434; Directorate 

Identifier 2009–NM–221–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146–100A and –200A Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. 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: 

The operation of the airbrake lever in the 

‘‘airbrakes out’’ to ‘‘lift spoiler’’ range has been 

the subject of two occurrence reports. The lift 

spoilers on the BAe 146 and Avro 146–RJ 

aeroplanes have been designed to deploy on 

landing to provide aerodynamic braking and 

to dump lift to ensure that the wheel brakes 

can provide the necessary speed reduction. 

* * * * * 

The effects of deceleration and landing 

inertia loads can cause uncommanded 

movement of the airbrake selector lever from 

the ‘‘lift spoiler’’ position to the ‘‘airbrakes 

out’’ position, causing the lift spoilers to 

retract during the landing roll. This 

condition, if not corrected, would increase 

the landing distance, possibly resulting in a 

runway overrun and consequent injury to 

aeroplane occupants. 

* * * * * 

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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact BAE Systems 

Regional Aircraft, 13850 McLearen 

Road, Herndon, Virginia 20171; 

telephone 703–736–1080; e-mail 

raebusiness@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm. You may 

review copies of the referenced 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. 

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 this proposed AD, 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. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

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–2010–0434; Directorate Identifier 

2009–NM–221–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 based on those comments. 

We have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 22711 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

We will post all comments we 

receive, without change, to http:// 

www.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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0206, 

dated September 30, 2009 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The operation of the airbrake lever in the 

‘‘airbrakes out’’ to ‘‘lift spoiler’’ range has been 

the subject of two occurrence reports. The lift 

spoilers on the BAe 146 and Avro 146–RJ 

aeroplanes have been designed to deploy on 

landing to provide aerodynamic braking and 

to dump lift to ensure that the wheel brakes 

can provide the necessary speed reduction. 

A review of the changing operational 

profile of the aeroplane type concluded that 

its proven short field performance has 

increasingly been exploited in recent years 

by a number of operators worldwide. 

Frequently, these short field operations are 

conducted from airports that are located in 

mountainous terrain or in close proximity to 

bodies of water, leaving fewer margins for 

error, e.g. landing long or at (too) high speed. 

The effects of deceleration and landing 

inertia loads can cause uncommanded 

movement of the airbrake selector lever from 

the ‘‘lift spoiler’’ position to the ‘‘airbrakes 

out’’ position, causing the lift spoilers to 

retract during the landing roll. This 

condition, if not corrected, would increase 

the landing distance, possibly resulting in a 

runway overrun and consequent injury to 

aeroplane occupants. 

On certain BAe 146 aeroplanes, without 

modifications HCM00889A and B or 

modifications HCM00889A and C 

incorporated, negligible force is required to 

move the airbrake lever back to the ‘‘airbrakes 

out’’ position. From 1988 onwards, 

modifications were introduced on the 

production line to incorporate a modified 

friction baulking device such that a force of 

12 lbs must be applied to move the airbrake 

lever from the ‘‘lift spoiler’’ position to the 

‘‘airbrakes out’’ position. These modifications 

were also made available as an optional inservice retrofit. 

For the reasons described above, this AD 

requires the modification of the airbrake 

lever detent mechanism. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

British Aerospace has issued 146 

Modification Service Bulletin 27–73– 

00889A&B, Revision 4, dated June 15, 

1990. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This 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 the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

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 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 

Based on the service information, we 

estimate that this proposed AD would 

affect about 1 product of U.S. registry. 

We also estimate that it would take 

about 11 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $7,000 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 the 

proposed AD on U.S. operators to be 

$7,935 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 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. 

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: 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
22712 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Proposed Rules 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

BAE Systems (Operations) Limited: Docket 

No. FAA–2010–0434; Directorate 

Identifier 2009–NM–221–AD. 

Comments Due Date 

(a) We must receive comments by June 14, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to BAE Systems 

(Operations) Limited Model BAe 146–100A 

and –200A series airplanes, certificated in 

any category, serial numbers as listed in 

British Aerospace 146 Modification Service 

Bulletin 27–73–00889A&B, Revision 4, dated 

June 15, 1990. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The operation of the airbrake lever in the 

‘‘airbrakes out’’ to ‘‘lift spoiler’’ range has been 

the subject of two occurrence reports. The lift 

spoilers on the BAe 146 and Avro 146–RJ 

aeroplanes have been designed to deploy on 

landing to provide aerodynamic braking and 

to dump lift to ensure that the wheel brakes 

can provide the necessary speed reduction. 

A review of the changing operational 

profile of the aeroplane type concluded that 

its proven short field performance has 

increasingly been exploited in recent years 

by a number of operators worldwide. 

Frequently, these short field operations are 

conducted from airports that are located in 

mountainous terrain or in close proximity to 

bodies of water, leaving fewer margins for 

error, e.g. landing long or at (too) high speed. 

The effects of deceleration and landing 

inertia loads can cause uncommanded 

movement of the airbrake selector lever from 

the ‘‘lift spoiler’’ position to the ‘‘airbrakes 

out’’ position, causing the lift spoilers to 

retract during the landing roll. This 

condition, if not corrected, would increase 

the landing distance, possibly resulting in a 

runway overrun and consequent injury to 

aeroplane occupants. 

On certain BAe 146 aeroplanes, without 

modifications HCM00889A and B or 

modifications HCM00889A and C 

incorporated, negligible force is required to 

move the airbrake lever back to the ‘‘airbrakes 

out’’ position. From 1988 onwards, 

modifications were introduced on the 

production line to incorporate a modified 

friction baulking device such that a force of 

12 lbs must be applied to move the airbrake 

lever from the ‘‘lift spoiler’’ position to the 

‘‘airbrakes out’’ position. These modifications 

were also made available as an optional inservice retrofit. 

For the reasons described above, this AD 

requires the modification of the airbrake 

lever detent mechanism. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Do the following actions. 

(1) Within 12 months after the effective 

date of this AD, modify the airbrake lever 

detent mechanism, in accordance with the 

Accomplishment Instructions of British 

Aerospace 146 Modification Service Bulletin 

27–73–00889A&B, Revision 4, dated June 15, 

1990. 

(2) Modifying the airbrake lever detent 

mechanism is also acceptable for compliance 

with paragraph (g)(1) of this AD, if done 

before the effective date of this AD in 

accordance with the Accomplishment 

Instructions of British Aerospace 146 

Modification Service Bulletin 27–73– 

00889A&B, Revision 3, dated August 1, 1989. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: While 

European Aviation Safety Agency (EASA) AD 

2009–0206, dated September 30, 2009, 

considers Revision 0, 1, or 2 of British 

Aerospace 146 Modification Service Bulletin 

27–73–00889A&B as an acceptable method of 

compliance, this AD does not. However, 

operators may request for approval of an 

alternative method of compliance in 

accordance with the procedures specified in 

paragraph (h)(1) of this AD. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; fax (425) 227–1149. 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 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to MCAI EASA Airworthiness 

Directive 2009–0206, dated September 30, 

2009; and British Aerospace 146 

Modification Service Bulletin 27–73– 

00889A&B, Revision 4, dated June 15, 1990; 

for related information. 

Issued in Renton, Washington, on April 23, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–10111 Filed 4–29–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0406; Airspace 

Docket No. 10–ASW–8] 

Proposed Establishment of Class D 

Airspace; San Marcos, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class D airspace at San 

Marcos, TX. Establishment of an air 

traffic control tower has made 

controlled airspace necessary at San 

Marcos Municipal Airport. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rules (IFR) operations for the airport. 

DATES: 0901 UTC. Comments must be 

received on or before June 14, 2010. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2010– 

0406/Airspace Docket No. 10–ASW–8, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1