This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. 

# Rules and Regulations Federal Register 

### 1697

Vol. 75, No. 8

Wednesday, January 13, 2010

1 To view the final rule and related documents, go to ( http://www.regulations.gov/fdmspublic/ component/main?main=DocketDetail&d=APHIS–

2008–0147). **DEPARTMENT OF AGRICULTURE**

**Animal and Plant Health Inspection Service** 

**9 CFR Part 94**

**[Docket No. APHIS–2008–0147]**

**Change in Disease Status of the Republic of Korea With Regard to**  **Foot-and-Mouth Disease and Rinderpest** 

**AGENCY :**  Animal and Plant Health Inspection Service, USDA.

**ACTION :**  Final rule; delay of effective date.

**SUMMARY :**  On December 28, 2009, we published a final rule in the Federal Register to add the Republic of Korea to the list of regions that are considered free of rinderpest and foot-and-mouth disease (FMD) and the list of regions that are subject to certain import restrictions on meat and meat products because of their proximity to or tradingrelationships with rinderpest- or FMDaffected countries. The final rule was scheduled to become effective on January 12, 2010. However, due to an outbreak of FMD reported by the Republic of Korea on January 6, 2010, we are delaying indefinitely the effective date of the final rule. This delay will allow the Animal and Plant Health Inspection Service to consider the issues raised by this development and decide what subsequent actions to take.

**DATES :**  The effective date for the final rule amending 9 CFR part 94 published at 74 FR 68478–68480 on December 28, 2009, is delayed indefinitely.

**FOR FURTHER INFORMATION CONTACT :**  Dr. Julia Punderson, Senior Staff Veterinarian, Regionalization Evaluation Services, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737–1231; (301) 734–4356. **SUPPLEMENTARY INFORMATION :**  Background

In a final rule 1 published in the Federal Register on December 28, 2009 (74 FR 68478–68480, Docket No. APHIS–2008–0147), we amended the regulations in 9 CFR part 94 concerning the importation of animals and animal products by adding the Republic of Korea (South Korea) to the list in § 94.1 of regions declared free of FMD and rinderpest. We also added the Republic of Korea to the list in § 94.11 of regions that are declared to be free of these diseases, but that are subject to certain restrictions because of their proximity toor trading relationships with rinderpestor FMD-affected regions.

The final rule was scheduled to become effective on January 12, 2010. However, on January 6, 2010, the Republic of Korea confirmed through laboratory diagnosis that an FMD outbreak occurred on a dairy farm in Kyonggi Province. As a consequence, we no longer consider the Republic of Korea to be free of FMD. Therefore, we are delaying the effective date of the final rule indefinitely. This delay will allow the Animal and Plant Health Inspection Service to consider the issues raised by this development and decide what subsequent actions to take.

■ Accordingly, the final rule amending 9 CFR part 94 published at 74 FR 68478–68480 on December 28, 2009, is delayed indefinitely.

Authority: 7 U.S.C. 450, 7701–7772, 7781– 7786, and 8301–8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and

371.4.

Done in Washington, DC, this 8 th day of January 2010.

Kevin Shea Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2010–478 Filed 1–8–10: 4:15 pm]

**BILLING CODE 3410–34–S DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2009–1252; Directorate Identifier 2009–NM–248–AD; Amendment**  **39–16173; AD 2010–02–02]**

**RIN 2120–AA64**

**Airworthiness Directives; Dassault Aviation Model Falcon 7X Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), Department of Transportation (DOT).

**ACTION :**  Final rule; request for
comments.

**SUMMARY :**  We are adopting a new 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:

Several occurrences of untimely radioaltimeter lock-up have been reported, where the failed radio-altimeter indicated a negative distance to the ground despite the aircraft was flying at medium or high altitude.

A locked radio-altimeter #1 leads to untimely inhibition of warnings that could be displayed along with certain abnormal conditions while the avionic system switches into landing mode during altitude cruise.
* * * * *

[Untimely radio-altimeter lock-up] may cause the crew to be unaware of possible system failures that could require urgent crew’s actions.
* * * * *

This AD requires actions that are intended to address the unsafe condition described in the MCAI.

**DATES :**  This AD becomes effective January 28, 2010.

We must receive comments on this AD by March 1, 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.


### 1698 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations

• 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. 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 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 :**  Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1137; fax (425) 227–1149.

**SUPPLEMENTARY INFORMATION :** 

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 2009–0208, dated October 13, 2009 (referred to after this as ‘‘the MCAI’’ ), to correct an unsafe condition for the specified products. The MCAI states:

Several occurrences of untimely radioaltimeter lock-up have been reported, where the failed radio-altimeter indicated a negative distance to the ground despite the aircraft was flying at medium or high altitude.

A locked radio-altimeter #1 leads to untimely inhibition of warnings that could be displayed along with certain abnormal conditions while the avionic system switches into landing mode during altitude cruise.

Investigation in order to determine the root cause of radio-altimeter lock-up is in progress. In the meantime, Dassault Aviation has developed an operational procedure that in case of radio-altimeter #1 lock-up allows the crew, by depowering radio-altimeter #1, to restore in flight the system warning performance.

Failure to comply with this interim flight procedure may cause the crew to be unaware of possible system failures that could require urgent crew’s actions.

This AD mandates application of a new abnormal Airplane Flight Manual (AFM) procedure when radio-altimeter #1 lock-up occurs and prohibits dispatch of the aeroplane with any radio-altimeter inoperative. You may obtain further information by examining the MCAI in the AD docket. FAA’s Determination and Requirements of This 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 issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.

Differences Between the 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 FAA policies. Any such differences are highlighted in a NOTE within the AD.

FAA’s Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of thisrule because lock-up of the radioaltimeter could interfere with critical flight system annunciations and functions, which could cause the flightcrew to be unaware of possible system failures that could require urgent flightcrew actions. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the **ADDRESSES** section. Include ‘‘Docket No. FAA–2009–1252; Directorate Identifier 2009–NM–248– AD ’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD because of those
comments.

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 AD. 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.


### 1699 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Rules and Regulations

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, 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:

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

**§ 39.13 [Amended]**

■ 2. The FAA amends § 39.13 by adding the following new AD:

2010–02–02 Dassault-Aviation: Amendment 39–16173. Docket No. FAA–2009–1252; Directorate Identifier 2009–NM–248–AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective January 28, 2010.

Affected ADs

(b) None.
Applicability

(c) This AD applies to Dassault-Aviation Model Falcon 7X airplanes, certificated in any category, all serial numbers.
Subject

(d) Air Transport Association (ATA) of America Code 34: Navigation.

Reason

(e) The mandatory continued airworthiness information (MCAI) states:

Several occurrences of untimely radioaltimeter lock-up have been reported, where the failed radio-altimeter indicated a negative distance to the ground despite the aircraft was flying at medium or high altitude.

A locked radio-altimeter #1 leads to untimely inhibition of warnings that could be displayed along with certain abnormal conditions while the avionic system switches into landing mode during altitude cruise.

Investigation in order to determine the root cause of radio-altimeter lock-up is in progress. In the meantime, Dassault Aviation has developed an operational procedure that in case of radio-altimeter #1 lock-up allows the crew, by depowering radio-altimeter #1, to restore in flight the system warning performance.

Failure to comply with this interim flight procedure may cause the crew to be unaware of possible system failures that could require urgent crew’s actions.

This AD mandates application of a new abnormal Airplane Flight Manual (AFM) procedure when radio-altimeter #1 lock-up occurs and prohibits dispatch of the aeroplane with any radio-altimeter inoperative. 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) Within 14 days after the effective date of this AD: Revise the Limitations Section of the Dassault Falcon 7X Airplane Flight Manual (AFM) to include the following statement. This may be done by inserting a copy of this AD in the AFM.

‘‘If radio-altimeter #1 lock-up conditions occur in flight, power off radio-altimeter #1, in accordance with the instructions of Falcon 7X AFM procedure 3–140–65.

Dispatch of the airplane with any radioaltimeter inoperative is prohibited. ’’

Note 1: When a statement identical to that in paragraph (g) of this AD has been included in the general revisions of the AFM, the general revisions may be inserted into the AFM, and the copy of this AD may be removed from the AFM.

FAA AD Differences

Note 2: This AD differs from the MCAI and/or service information as follows: No differences.

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: Tom Rodriguez, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1137; 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 2009–0208, dated October 13, 2009, for related information. Material Incorporated by Reference (j) None. Issued in Renton, Washington, on December 28, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–103 Filed 1–12–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF COMMERCE**

**Bureau of Industry and Security**

**15 CFR Part 744**

**[Docket No. 0911171410–91427–01]**

**RIN 0694–AE78**

**Addition of Certain Persons on the Entity List: Addition of Persons Acting**  **Contrary to the National Security or Foreign Policy Interests of the United**  **States and Entry Modified for Clarification** 

**AGENCY :**  Bureau of Industry and Security, Commerce.

**ACTION :**  Final rule.

**SUMMARY :**  This rule amends the Export Administration Regulations (EAR) by adding additional persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. These persons that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This rule also amends one entry by adding an additional address for this person listed on the Entity List.

The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.

**DATES :**  Effective Date: This rule is effective January 13, 2010. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis.

**ADDRESSES :**  You may submit comments, identified by RIN 0694–AE78, by any of the following methods:

E-mail: publiccomments@bis.doc.gov Include ‘‘RIN 0694–AE78 ’’ in the subject line of the message.

Fax: (202) 482–3355. Please alert the Regulatory Policy Division, by calling (202) 482–2440, if you are faxing
comments.

Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of