Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 1527 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 984.445 is revised to read 

as follows: 

§ 984.445 Procedures for voting by mail, email, telephone, videoconference, facsimile, 

or any other means of communication. 

(a) Whenever the Board votes upon 

any proposition by mail, e-mail, or 

facsimile, at least six members or 

alternates acting as members must vote 

and one dissenting vote shall prevent its 

adoption. Each proposition to be voted 

upon by mail, e-mail, or facsimile shall 

specify a time limit for members to vote, 

after which the alternates shall be given 

the opportunity to vote. 

(b) Whenever the Board conducts 

meetings by telephone, 

videoconference, or any technology that 

enables member interaction, the vote 

shall be conducted by roll call. 

Dated: January 6, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–316 Filed 1–11–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM405, Special Conditions No. 

25–394–SC] 

Special Conditions: Bombardier, Inc., 

Model DHC–8–100, –200, –300, and 

–400 Series Airplanes; Passenger 

Seats With Non-Traditional, Large, 

Non-Metallic Panels 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments; correction. 

SUMMARY: This document makes a 

correction to a Final special conditions; 

request for comment document, 

published in the Federal Register on 

June 5, 2009 (74 FR 26946), which 

issued special conditions for the 

Bombardier, Inc., Model DHC–8–100, 

–200, –300, and –400 series airplanes, 

for passenger seats with non-traditional, 

large, non-metallic panels. The Final 

special conditions; request for comment 

document, included an incorrect 

Special Conditions number. 

FOR FURTHER INFORMATION CONTACT: 

Michael Menkin, FAA, Standardization 

Branch, ANM–113, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–22793 facsimile 

(425) 227–1230; or e-mail: 

Michael.Menkin@faa.gov. 

SUPPLEMENTARY INFORMATION: The 

document designated as ‘‘Docket No. 

NM405, Special Conditions No. 25– 

283–SC’’ was published in the Federal 

Register on June 5, 2009 (74 FR 26946). 

The document issued special conditions 

pertaining to passenger seats with nontraditional, large, non-metallic panels 

for the Bombardier, Inc., Model DHC–8– 

100, –200, –300, and –400 series 

airplanes. 

As published, the document 

contained an incorrect Special 

Conditions number; one that was used 

for a different set of special conditions. 

To correct that problem, the special 

conditions number pertaining to these 

special conditions is being changed. 

Since no part of the regulatory 

information has been changed, the 

special conditions are not being 

republished. 

Correction 

In Final special conditions; request 

for comment document FR Doc. E9– 

13187, published on June 5, 2009 (74 FR 

26946), make the following correction: 

1. On page 26946, in the first column, 

fifth line, change No. 25–283–SC to No. 

25–394–SC. 

Issued in Renton, Washington, on 

December 28, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–290 Filed 1–11–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0788; Directorate 

Identifier 2009–NM–193–AD; Amendment 

39–16167; AD 2010–01–09] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–300, –400, and 

–500 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model 737–300, –400, and –500 series 

airplanes. This AD requires repetitive 

external non-destructive inspections to 

detect cracks in the fuselage skin along 

the chem-mill step at stringers S–1 and 

S–2 right, between station (STA) 827 

and STA 847, and repair if necessary. 

This AD results from a report of a hole 

in the fuselage skin common to stringer 

S–1 and S–2 left, between STA 827 and 

STA 847 on an airplane that diverted to 

an alternate airport due to cabin 

depressurization and subsequent 

deployment of the oxygen masks. We 

are issuing this AD to detect and correct 

fatigue cracking of the fuselage skin 

panels at the chem-milled steps, which 

could result in sudden fracture and 

failure of the fuselage skin panels, and 

consequent rapid decompression of the 

airplane. 

DATES: This AD is effective February 16, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of February 16, 2010. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6447; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Model 737–300, –400, and –500 

series airplanes. That NPRM was 

published in the Federal Register on 

September 15, 2009 (74 FR 47148). That 

NPRM proposed to require repetitive 

WReier-Aviles on DSKGBLS3C1PROD with RULES

1528 Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 

external non-destructive inspections to 

detect cracks in the fuselage skin along 

the chem-mill step at stringers S–1 and 

S–2 right, between station (STA) 827 

and STA 847, and repair if necessary. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the three commenters. 

Support for the NPRM 

Boeing and the National 

Transportation Safety Board concur 

with the NPRM. 

Request To Revise Criteria for Optional 

Terminating Action 

Southwest Airlines (SWA) requests 

that we revise paragraph (i) of the 

NPRM to remove the first criterion 

specified for the optional terminating 

action so that repairs installed prior to 

September 3, 2009, would be allowed. 

SWA did not provide justification for 

this request. 

We do not agree to remove the 

criterion in paragraph (i) of this AD. As 

we stated in the NPRM, September 3, 

2009, is the date Boeing Service Bulletin 

737–53A1301 became available to 

operators to address the identified 

unsafe condition. However, affected 

operators may request approval to use a 

repair installed prior to September 3, 

2009, as an alternative method of 

compliance, under the provisions of 

paragraph (j) of the final rule. We have 

made no change to this final rule in this 

regard. 

Explanation of Changes Made to This 

AD 

We have revised this AD to identify 

the legal name of the manufacturer as 

published in the most recent type 

certificate data sheet for the affected 

airplane models. 

In addition, Boeing Commercial 

Airplanes has received an Organization 

Designation Authorization (ODA), 

which replaces their previous 

designation as a Delegation Option 

Authorization (DOA) holder. We have 

revised paragraphs (i)(2) and (j) of this 

AD to delegate the authority to approve 

an alternative method of compliance for 

any repair required by this AD to the 

Boeing Commercial Airplanes ODA. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We also determined that these changes 

will not increase the economic burden 

on any operator or increase the scope of 

the AD. 

Interim Action 

We consider this AD interim action. If 

final action is later identified, we might 

consider further rulemaking then. 

Costs of Compliance 

We estimate that this AD affects 135 

airplanes of U.S. registry. The following 

table provides the estimated costs for 

U.S. operators to comply with this AD. 

TABLE—ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection .......................... 2 $80 $160, per inspection cycle 135 $21,600, per inspection cycle. 

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 

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 that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

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: 

2010–01–09 The Boeing Company: 

Amendment 39–16167. Docket No. 

FAA–2009–0788; Directorate Identifier 

2009–NM–193–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective February 16, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 737–300, –400, and –500 

series airplanes, certificated in any category; 

as identified in Boeing Alert Service Bulletin 

737–53A1301, dated September 3, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Rules and Regulations 1529 

Unsafe Condition 

(e) This AD results from a report of a hole 

in the fuselage skin common to stringer S– 

1 and S–2 left, between STA 827 and STA 

847 on an airplane that diverted to an 

alternate airport due to cabin 

depressurization and subsequent deployment 

of the oxygen masks. We are issuing this AD 

to detect and correct fatigue cracking of the 

fuselage skin panels at the chem-milled 

steps, which could result in sudden fracture 

and failure of the fuselage skin panels, and 

consequent rapid decompression of the 

airplane. 

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. 

Initial and Repetitive Inspections 

(g) Before the accumulation of 35,000 total 

flight cycles, or within 500 flight cycles after 

the effective date of this AD, whichever 

occurs later: Except as provided by paragraph 

(i) of this AD, do an external non-destructive 

inspection (NDI) to detect cracks in the 

fuselage skin along the chem-mill steps at 

stringers S–1 and S–2 right, between STA 

827 and STA 847, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–53A1301, dated 

September 3, 2009. If no cracking is found, 

repeat the inspection thereafter at intervals 

not to exceed 500 flight cycles, except as 

provided by paragraph (i) of this AD. 

Repair 

(h) If any crack is found during any 

inspection required by this AD, and Boeing 

Alert Service Bulletin 737–53A1301, dated 

September 3, 2009, specifies to contact 

Boeing for repair instructions: Before further 

flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (j) of this AD. 

Optional Terminating Action for Repetitive 

Inspections 

(i) Installing an external repair doubler 

along the chem-milled steps at stringers S– 

1 and S–2 right, between STA 827 and STA 

847, constitutes terminating action for the 

repetitive inspections required by paragraph 

(g) of this AD for the repaired area only, 

provided all of the conditions specified in 

paragraphs (i)(1), (i)(2), and (i)(3) of this AD 

are met. The initial inspection required by 

paragraph (g) of this AD must be 

accomplished. 

(1) The repair is installed after September 

3, 2009; 

(2) The repair was approved by the FAA 

or by a Boeing Company Authorized 

Representative or the Boeing Commercial 

Airplanes Organization Designation 

Authorization (ODA) authorized by the FAA 

to make such findings; and 

(3) The repair extends a minimum of three 

rows of fasteners on each side of the chemmill line in the circumferential direction. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle 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. Send information to ATTN: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6447; fax (425) 917–6590. Or, e-mail 

information to 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes ODA that has 

been authorized by the Manager, Seattle ACO 

to make those findings. For a repair method 

to be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(k) You must use Boeing Alert Service 

Bulletin 737–53A1301, dated September 3, 

2009, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.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 or 425–227–1152. 

(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 NARA, 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 

December 21, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31288 Filed 1–11–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1226; Directorate 

Identifier 2009–NM–149–AD; Amendment 

39–16164; AD 2008–10–10 R1] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–600, –700, –700C, 

–800, and –900 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is revising an 

existing airworthiness directive (AD), 

which applies to certain Model 737– 

600, –700, –700C, –800, and –900 series 

airplanes. That AD currently requires 

revising the Airworthiness Limitations 

(AWLs) section of the Instructions for 

Continued Airworthiness by 

incorporating new limitations for fuel 

tank systems to satisfy Special Federal 

Aviation Regulation No. 88 

requirements. That AD also requires an 

initial inspection to phase in certain 

repetitive AWL inspections, and repair 

if necessary. This AD clarifies the 

intended effect of the AD on spare and 

on-airplane fuel tank system 

components. This AD results from a 

design review of the fuel tank systems. 

We are issuing this AD to prevent the 

potential for ignition sources inside fuel 

tanks caused by latent failures, 

alterations, repairs, or maintenance 

actions, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

DATES: This AD is effective January 27, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of January 27, 2010. 

On June 12, 2008 (73 FR 25986, May 

8, 2008), the Director of the Federal 

Register approved the incorporation by 

reference of a certain other publication 

listed in the AD. 

We must receive any comments on 

this AD by February 26, 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– 

WReier-Aviles on DSKGBLS3C1PROD with RULES