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

TABLE 1—CREDIT FOR ACTIONS ACCOMPLISHED IN ACCORDANCE WITH PREVIOUS SERVICE INFORMATION—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—MATERIAL INCORPORATED BY REFERENCE

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 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63067 

1The 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 


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