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 trading 

relationships 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 rule1 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 to 

or 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 8th 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; DassaultAviation 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. 


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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 this 

rule 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. 


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

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 


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