### 63066 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations

TABLE 

### 1—C REDIT FOR 

### A CTIONS 

### A CCOMPLISHED IN 

### A CCORDANCE 

### W ITH 

### P REVIOUS 

### S ERVICE 

### I NFORMATION 

### —Continued

Affected Serial Numbers— Bombardier Service Bulletin— Revision— Dated—

For Model 45 airplanes having serial numbers 006 through 383, inclusive ... 45–26–9 1 ................................ December 22, 2008.

Alternative Methods of Compliance (AMOCs)

(i)(1) The Manager, Wichita Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in the Related Information section of this AD.

(2) Before using any approved AMOC, notify your Principal Maintenance Inspector or Principal Avionics Inspector, as appropriate, or lacking a principal inspector, your local Flight Standards District Office.

Related Information

(j) For more information about this AD, contact James Galstad, Aerospace Engineer, Systems and Propulsion Branch, ACE–116W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Mid-Continent Airport, Wichita, Kansas 67209; telephone (316) 946–4135; fax (316) 946–4107; e-mail james.galstad@faa.gov.
Material Incorporated by Reference

(k) You must use the service information contained in Table 2 of this AD, as applicable, to do the actions required by this AD, unless the AD specifies otherwise.



### TABLE 

### 2—M ATERIAL 

### I NCORPORATED BY 

### R EFERENCE

Document Revision Date

Bombardier Service Bulletin 40–26–05 ...................................................................................................................... 2 May 4, 2009. Bombardier Service Bulletin 45–26–9 ........................................................................................................................ 2 May 4, 2009.

(1) The Director of the Federal Register approved the incorporation by reference of the service information contained in Table 2 of this AD under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) For service information identified in this AD, contact Learjet, Inc., One Learjet Way, Wichita, Kansas 67209–2942; telephone 316–946–2000; fax 316–946–2220; e-mail ac.ict@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 an NARA facility, 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 October 5, 2010. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–25599 Filed 10–13–10; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2010–0634; Airspace Docket No. 10–AWP–8]** 
**Establishment of Class E Airspace; Clifton/Morenci, AZ** 

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

**ACTION :**  Final rule.

**SUMMARY :**  This action will establish Class E airspace at Greenlee County Airport, Clifton/Morenci, AZ, to accommodate aircraft using new Area Navigation (RNAV) Global Positioning System (GPS) Standard Instrument Approach Procedures (SIAPs) at Greenlee County Airport. This will improve the safety and management of Instrument Flight Rules (IFR) operations at the airport.

**DATES :**  Effective date, 0901 UTC, January 13, 2011. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

**FOR FURTHER INFORMATION CONTACT :**  Eldon Taylor, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue, SW., Renton, WA 98057; telephone (425) 203–4537.

**SUPPLEMENTARY INFORMATION :**  History On July 29, 2010, the FAA published in the Federal Register a notice of proposed rulemaking to establish controlled airspace at Clifton/Morenci, AZ (75 FR 44725). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9U dated August 18, 2010, and effective September 15, 2010, which is incorporated by reference in 14 CFR Part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by establishing Class E airspace extending upward from 700 feet above the surface, at Greenlee County Airport, Clifton/ Morenci, CA, to accommodate IFR aircraft executing new RNAV (GPS) SIAPs at the airport. This action is necessary for the safety and management of IFR operations.

The FAA has determined this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is
not a ‘‘ significant regulatory action ’’ under Executive Order 12866; (2) is not

a ‘‘ significant rule ’’ under DOT


### 63067 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations

1 The Commission voted 3–2 to publish this final interpretative rule, with changes, in the Federal Register . Chairman Inez M. Tenenbaum, Commissioners Thomas Moore and Robert Adler voted to publish the final interpretative rule with changes. Commissioners Nancy Nord and Anne Northup voted against publication of the final interpretative rule. All of the Commissioners issued statements. The web address for Commissioners’ statements is: http://www.cpsc.gov/pr/ statements.html. Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, section 106 discusses the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at Greenlee County Airport, Clifton/Morenci, AZ. List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment

■ In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

**PART 71—DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR**  **TRAFFIC SERVICE ROUTES; AND REPORTING POINTS** 

■ 1. The authority citation for 14 CFR part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389.

**§ 71.1 [Amended]**

■ 2. The incorporation by reference in 14 CFR Part 71.1 of the Federal Aviation Administration Order 7400.9U, Airspace Designations and Reporting Points, dated August 18, 2010, and effective September 15, 2010 is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * *
AWP AZ E5 Clifton/Morenci, AZ [New] Greenlee County Airport, AZ

(Lat. 32 ° 57 ′ 25 ′′ N., long. 109 ° 12 ′40 ′′ W.) That airspace extending from 700 feet above the surface within a 6.5-mile radius of Greenlee County Airport.

Issued in Seattle, Washington, on October 4, 2010. John Warner, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2010–25835 Filed 10–13–10; 8:45 am]

**BILLING CODE 4910–13–P**

**CONSUMER PRODUCT SAFETY COMMISSION** 

**16 CFR Part 1200**
**[Docket No. CPSC–2010–0029]**
**Interpretation of** ‘‘ **Children’s Product** ’’

**AGENCY :**  Consumer Product Safety Commission.

**ACTION :**  Final interpretative rule.

**SUMMARY :**  The Consumer Product Safety Commission ( ‘‘ CPSC, ’’ ‘‘ Commission, ’’ or

‘‘we ’’ ) is issuing a final interpretative rule on the term ‘‘ children’s product’’ as used in the Consumer Product Safety Improvement Act of 2008 ( ‘‘ CPSIA ’’ ), Public Law 110–314. The final interpretative rule provides additional guidance on the factors that are considered when evaluating what is a children’s product. 1

**DATES :**  Effective Date: This rule is effective October 14, 2010.

**FOR FURTHER INFORMATION CONTACT :**  Jonathan D. Midgett, Office of Hazard Identification and Reduction, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814, telephone (301) 504–7692, e-mail jmidgett@cpsc.gov.

**SUPPLEMENTARY INFORMATION :**  A. Background

Section 235(a) of the CPSIA amended section 3(a)(2) the Consumer Product Safety Act ( ‘‘ CPSA ’’ ) by creating a new definition of ‘‘ children’s product. ’’ 15 U.S.C. 2052(a)(2). ‘‘ Children’s product’’ is defined as ‘‘ a consumer product designed or intended primarily for children 12 years of age or younger. ’’ Several CPSIA provisions use the term

‘‘ children’s product. ’’ Section 101(a) of the CPSIA provides that, as of August 14, 2009, children’s products may not contain more than 300 parts per million (ppm) of lead. Section 102 of the CPSIA requires third party testing of certain children’s products, and section 103 of the CPSIA requires tracking labels for children’s products.

The statutory definition of ‘‘ children’s product’’ also specifies certain factors that are to be taken into consideration when making a determination about

‘‘whether a consumer product is primarily intended for a child 12 years of age or younger. ’’ These factors are:

• A statement by a manufacturer about the intended use of such product, including a label on such product if such statement is reasonable.

• Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years of age or younger.

• Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of
age or younger.

• The Age Determination Guidelines issued by the Commission staff in September 2002 and any successor to such guidelines.

B. Discussion of Comments to the Proposed Interpretative Rule and Changes to the Final Interpretative Rule

In the Federal Register of April 20, 2010 (75 FR 20533), the Commission published a proposed interpretative rule to help interested parties understand how the Commission will determine whether a particular consumer product is a ‘‘ children’s product. ’’ By this rule, the Commission intends to clarify its interpretation of the statutory requirements and provide guidance on sections 101, 102, and 103 of the CPSIA with regard to children’s products. The language in the preamble of this rule and the preamble of the proposed rule (75 FR at 20533) (to the extent the proposed rule was not altered by the final rule) may be consulted in determining its administrative construction and meaning. The Commission recognizes that the determination of whether a product meets the definition of a children’s product depends on factual information that may be unique to each product and, therefore, would need to be made on a case-by-case basis. Given the factual nature of the inquiry, this rule is intended to give interested parties a better understanding of our approach in evaluating children’s products. This document does not impose any additional requirements beyond those in the CPSIA, but informs the public of the Commission’s interpretation of the term