### 77796 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Proposed Rules

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2010–1198; Directorate Identifier 2010–NM–145–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; Saab AB, Saab Aerosystems Model SAAB 2000**  **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:

Corrosion has been found on the rear spar upper cap of the horizontal stabilizer of SAAB 2000 aeroplanes. The affected areas are adjacent to the inboard elevator hinge where the electrical wiring harnesses are located and wired through the lightening holes. The upper spar cap is a primary structural element and is important to the structural integrity of the horizontal stabilizer.

Corrosion damage in these areas, if not detected and corrected, can result in a starting point for future crack propagation, which would impair the integrity of the horizontal stabilizer upper spar cap structure.

* * * * *

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 January 28, 2011.

**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 Saab AB, Saab Aerosystems, SE–581 88, Linko  ̈ ping, Sweden; telephone +46 13 18 5591; fax +46 13 18 4874; e-mail saab2000.techsupport@saabgroup.com; Internet http://www.saabgroup.com. 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 :**  Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM– 116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–1112; 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–2010–1198; Directorate Identifier 2010–NM–145–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 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 2010–0115, dated June 17, 2010 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states:

Corrosion has been found on the rear spar upper cap of the horizontal stabilizer of SAAB 2000 aeroplanes. The affected areas are adjacent to the inboard elevator hinge where the electrical wiring harnesses are located and wired through the lightening holes. The upper spar cap is a primary structural element and is important to the structural integrity of the horizontal stabilizer.

Corrosion damage in these areas, if not detected and corrected, can result in a starting point for future crack propagation, which would impair the integrity of the horizontal stabilizer upper spar cap structure.

For the reasons describe above, this AD requires a detailed visual inspection (DVI) of the LH and RH horizontal stabilizer rear spar adjacent to the inboard elevator hinge and the harnesses installed in the adjacent areas, installation of convoluted tubing on the harness, and corrective actions depending on findings. The corrective actions include installing convoluted tubing on the harness, applying corrosion prevention compound to the inspected area, making sure clearance exists between the spar cap and the harnesses/convoluted tube, and contacting Saab for repair instructions and doing the repair. You may obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

Saab AB, Saab Aerosystems has issued Service Bulletin 2000–55–013, dated July 6, 2009. 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


### 77797 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Proposed Rules

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 8 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $1,360, or $170 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:

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

**§ 39.13 [Amended]**

2. The FAA amends § 39.13 by adding the following new AD:
Saab AB, Saab Aerosystems: Docket No. FAA–2010–1198; Directorate Identifier 2010–NM–145–AD.

Comments Due Date

(a) We must receive comments by January 28, 2011.

Affected ADs

(b) None.
Applicability

(c) This AD applies to all Saab AB, Saab Aerosystems Model SAAB 2000 airplanes, certificated in any category.
Subject

(d) Air Transport Association (ATA) of America Code 55: Stabilizers.

Reason

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

Corrosion has been found on the rear spar upper cap of the horizontal stabilizer of SAAB 2000 aeroplanes. The affected areas are adjacent to the inboard elevator hinge where the electrical wiring harnesses are located and wired through the lightening holes. The upper spar cap is a primary structural element and is important to the structural integrity of the horizontal stabilizer.

Corrosion damage in these areas, if not detected and corrected, can result in a starting point for future crack propagation, which would impair the integrity of the horizontal stabilizer upper spar cap structure.
* * * * *
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 12 months after the effective date of this AD: Do a detailed visual inspection for corrosion of the left-hand and right-hand horizontal stabilizers, do a detailed visual inspection for chafing or damage on the harness installed in the adjacent area, and install convoluted tubing on the harness, in accordance with the Accomplishment Instructions of Saab Service Bulletin 2000–55–013, dated July 6, 2009.

(h) If, during the inspection required by paragraph (g) of this AD, corrosion is found, before next flight, repair the corrosion using a method approved by the Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, or EASA (or its delegated agent).

FAA AD Differences

Note 1: This AD differs from the MCAI and/or service information as follows: No differences.

Other FAA AD Provisions

(i) 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: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057– 3356; telephone (425) 227–1112; 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: A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120–0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence


### 77798 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Proposed Rules

Ave., SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES–200.

Related Information

(j) Refer to MCAI European Aviation Safety Agency (EASA) Airworthiness Directive 2010–0115, dated June 17, 2010; and Saab Service Bulletin 2000–55–013, dated July 6, 2009; for related information.

Issued in Renton, Washington, on December 3, 2010. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–31378 Filed 12–13–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF LABOR**

**Occupational Safety and Health Administration** 

**[Docket No. OSHA–2010–0032]**

**29 CFR Parts 1910 and 1926**

**Interpretation of OSHA’s Provisions for Feasible Administrative or Engineering**  **Controls of Occupational Noise**

**AGENCY :**  Occupational Safety and Health Administration (OSHA), Labor.

**ACTION :**  Proposed Interpretation; extension of written comment period.

**SUMMARY :**  On October 19, 2010, OSHA published a notice of proposed interpretation entitled Interpretation of OSHA’s Provisions for Feasible Administrative or Engineering Controls of Occupational Noise, giving interested parties 60 days to comment. The comment period is being extended by 90 days to give interested parties additional time to assess the impact of the proposed interpretation and submit
comments.

**DATES :**  Comments must be submitted (postmarked or sent) by March 21, 2011.

**ADDRESSES :**  You may submit comments by any of the following methods:

Electronically: You may submit comments and attachments electronically at http:// www.regulations.gov, the Federal Rulemaking Portal. Follow the instructions online for making electronic submissions;

Fax: You may fax submissions not longer than 10 pages, including attachments, to the OSHA Docket Office
at 202–693–1648.

Mail, hand delivery, express mail, messenger and courier service: If you use this option, you must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA–2010–0032, U.S. Department of Labor, Room N–2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger and courier service) are accepted from 8:15 a.m.–4:45 p.m., e.t.

Instructions: All submissions must include the agency name and the OSHA docket number for this interpretation (OSHA–2010–0032). Submissions are placed in the public docket without change and may be accessed online http://www.regulations.gov. Be careful about submitting personal information such as social security numbers and birth dates.

Docket: To read or download submissions or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket are listed in the http:// www.regulations.gov index; some information (e.g., copyrighted material), however, cannot be read or downloaded at the Web site. All submissions, including copyrighted material, can be examined or copied at the OSHA Docket Office.

**FOR FURTHER INFORMATION CONTACT :**  General information or press inquiries: MaryAnn Garrahan, Acting Director, Office of Communications, Room N– 3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone 202–
693–1999.

For Technical Inquiries: Audrey Profitt, Senior Industrial Hygienist, Directorate of Enforcement Programs, Room N–3119, OSHA, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone: 202–693–2190, or fax: 202–693–1681.

**SUPPLEMENTARY INFORMATION :** 
Extension of the Comment Period

On October 19, 2010, OSHA published a notice of proposed interpretation entitled Interpretation of OSHA’s Provisions for Feasible Administrative or Engineering Controls of Occupational Noise. The notice proposed to clarify that the term feasible administrative or engineering controls as used in the applicable sections of OSHA’s General Industry and Construction Occupational Noise Exposure standards has its ordinary meaning of capable of being done. The Agency announced its intention to revise and clarify its current enforcement policy to reflect this interpretation, and solicited comments from interested parties within 60 days, ending on December 20, 2010.

OSHA’s current enforcement policy for exposures less than 100 dBA has not reflected the noise standard’s requirement that feasible engineering and administrative controls be used as the primary means of reducing noise exposure. Instead, the Agency has allowed many employers to rely upon a hearing conservation program, including the use of hearing protectors.

Excessive noise levels continue to be a cause of hearing loss in the nation’s workplaces. Since 2004, the Bureau of Labor Statistics (BLS) has reported that over 125,000 workers have suffered significant, permanent hearing loss. In 2008 alone, BLS reported 22,000 hearing loss cases.

Two commenters, the National Association of Manufacturers and the Coalition for Workplace Safety (CWS), representing employers who would be affected by the proposed interpretation, have requested an extension of 90 days to assess the operating changes that their members would be required to make to comply with the interpretation. In addition, CWS cites the proximity of the current deadline to the winter holidays as an additional reason for the extension.

OSHA believes that these requests are reasonable. OSHA is interested in hearing from and carefully considering the views of affected persons before making a final decision on the proposed interpretation. Accordingly, to facilitate the submission of more thorough comments and help the agency assess the issues, OSHA is extending the comment period by 90 days from December 20, 2010 to March 21, 2011.

Authority: 29 U.S.C. 655; 29 CFR 1910.95(b)(1) & 1926.52(b); Secretary of Labor’s Order 4–2010, 75 FR 55355, September 10, 2010.

Signed at Washington, DC, on December 7,
2010. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010–31359 Filed 12–13–10; 8:45 am]

**BILLING CODE 4510–29–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R03–OAR–2010–0435; FRL–9237–8]**

**Approval and Promulgation of Air Quality Implementation Plans;**  **Delaware; Limiting Emissions of Volatile Organic Compounds From**  **Portable Fuel Containers**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.