18396 Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1245 

[Doc. No. AMS–FV–07–0091; FV–07–706– 

FR] 

RIN 0581–AC78 

U.S. Honey Producer Research, 

Promotion, and Consumer Information 

Order; Referendum Procedures 

AGENCY: Agricultural Marketing Service, 

Agriculture, USDA. 

ACTION: Final rule. 

SUMMARY: This rule establishes 

procedures which the Department of 

Agriculture (USDA or the Department) 

will use in conducting a referendum to 

determine whether the issuance of the 

proposed U.S. Honey Producer 

Research, Promotion, and Consumer 

Information Order (Proposed U.S. 

Producer Order) is favored by persons to 

be covered by and assessed under this 

Order. The Proposed U.S. Producer 

Order will be implemented if it is 

approved by a majority of the eligible 

producers voting in the referendum who 

also represent a majority of the volume 

of U.S. honey produced. These 

procedures will also be used for any 

subsequent referendum under the 

Order, if it is approved in the initial 

referendum. The Proposed U.S. 

Producer Order is being published 

separately in this issue of the Federal 

Register. This program is being 

implemented under the Commodity 

Promotion, Research, and Information 

Act of 1996 (1996 Act). 

DATES: Effective Date: April 13, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Coy, Marketing Specialist, 

Research and Promotion Branch, FV, 

AMS, USDA, Stop 0244, Room 0634–S, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0244; telephone 

202–720–9915 or (888) 720–9917 (toll 

free) or e-mail kimberly.coy@usda.gov. 

SUPPLEMENTARY INFORMATION: A 

referendum will be conducted among 

eligible U.S. producers of honey to 

determine whether they favor issuance 

of the proposed U.S. Honey Producer 

Research, Promotion, and Consumer 

Information Order (Proposed U.S. 

Producer Order) [7 CFR part 1245]. The 

program will be implemented if it is 

approved by a majority of U.S. honey 

producers voting in the referendum who 

also represent a majority of the volume 

of U.S. honey produced. The Order is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 (1996 Act) [7 U.S.C. 7411– 

7425]. The Order would cover the 

producers of U.S. honey of 100,000 

pounds or more. A proposed rule and 

referendum order is published 

separately in this issue of the Federal 

Register. 

Prior documents: Proposed rules on 

both the Proposed Order [74 FR 34182] 

and the Referendum Procedures [74 FR 

34200] were published in the Federal 

Register on July 14, 2009 with a 60-day 

comment period. 

Executive Order 12866 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by OMB. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. It is not intended to have 

retroactive effect. 

Section 524 of the Act provides that 

the Act shall not affect or preempt any 

other Federal or State law authorizing 

promotion or research relating to an 

agricultural commodity. 

Under Section 519 of the Act, a 

person subject to an order may file a 

petition with USDA stating that an 

order, any provision of an order, or any 

obligation imposed in connection with 

an order, is not established in 

accordance with the law, and requesting 

a modification of an order or an 

exemption from an order. Any petition 

filed challenging an order, any 

provision of an order, or any obligation 

imposed in connection with an order, 

shall be filed within two years after the 

effective date of an order, provision or 

obligation subject to challenge in the 

petition. The petitioner will have the 

opportunity for a hearing on the 

petition. Thereafter, USDA will issue a 

ruling on the petition. The Act provides 

that the district court of the United 

States for any district in which the 

petitioner resides or conducts business 

shall be the jurisdiction to review a final 

ruling on the petition, if the petitioner 

files a complaint for that purpose not 

later than 20 days after the date of entry 

of USDA’s final ruling. 

Final Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act (RFA) [5 U.S.C. 601– 

612], the Department is required to 

examine the impact of this rule on small 

entities. The purpose of the RFA is to 

fit regulatory actions to the scale of 

businesses subject to such action so that 

small businesses will not be 

disproportionately burdened. 

The 1996 Act, which authorizes the 

Department to consider industry 

proposals for generic programs of 

promotion, research, and information 

for agricultural commodities, became 

effective on April 4, 1996. The 1996 Act 

provides for alternatives within the 

terms of a variety of provisions. 

Paragraph (e) of Section 518 of the 

1996 Act provides three options for 

determining industry approval of a new 

research and promotion program: (1) By 

a majority of those persons voting; (2) by 

persons voting for approval who 

represent a majority of the volume of the 

agricultural commodity; or (3) by a 

majority of those persons voting for 

approval who also represent a majority 

of the volume of the agricultural 

commodity. In addition, Section 518 of 

the 1996 Act provides for referenda to 

ascertain approval of an order to be 

conducted either prior to its going into 

effect or within three years after 

assessments first begin under an order. 

The American Honey Producers 

Association (AHPA), the proponent of 

the Proposed U.S. Producer Order, has 

recommended that the Department 

conduct a referendum in which 

approval of an order would be based on 

a majority of U.S. producers of honey 

voting in the referendum who also 

represent a majority of the volume of 

U.S. honey produced. The Department 

is conducting a referendum prior to the 

Proposed U.S. Producer Order going 

into effect. 

This rule establishes the procedures 

under which producers of U.S. honey 

will vote on whether they want a U.S. 

honey producer research, promotion, 

and consumer information program to 

be implemented. This rule adds a new 

subpart which establishes procedures to 

conduct an initial referendum and 

future referenda. The subpart covers 

definitions, voting instructions, use of 

subagents, ballots, the referendum 

report, and confidentiality of 

information. 

There are approximately 317 

producers of honey who would be 

subject to the program and eligible to 

vote in the first referendum. The Small 

Business Administration defines in 13 

CFR 121, small agricultural producers as 

those having annual receipts of no more 

than $750,000 annually and small 

agricultural service firms as those 

having annual receipts of no more than 

$7.0 million. Using these criteria, most 

producers would be considered small 

businesses. 

National Agricultural Statistic Service 

(NASS) data reports that U.S. 

production of honey, from producers 

with five or more colonies, totaled 155 

million pounds in 2006. The top ten 

producing States in 2006 included 

North Dakota, South Dakota, California, 


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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations 18397 

Florida, Minnesota, Montana, Texas, 

Wisconsin, Idaho, and New York. To 

avoid disclosing data for individual 

operations, NASS statistics do not 

include Connecticut, Delaware, 

Maryland, Massachusetts, New 

Hampshire, Oklahoma, Rhode Island, 

and South Carolina. NASS reported the 

value of honey sold in 2006 was 

$161,314,000. Honey prices increased 

during 2006 to 104.2 cents, up 14 

percent from 91.8 cents in 2005. 

There is a current Honey Packers and 

Importers Research, Promotion, 

Consumer Education, and Industry 

Information Order (Packers and 

Importers Order) in effect (7 CFR part 

1212) that replaced the Original Honey 

Research, Promotion, and Consumer 

Information Order (Original Order) on 

May 15, 2008 [73 FR 29390]. Based on 

the assessment reports in connection 

with the Original Honey Research, 

Promotion, and Consumer Information 

Order and recorded by U.S. Customs 

and Border Protection, seventeen 

countries produced over 93 percent of 

the honey imported into the U.S. In 

2005, five of these countries produced 

almost 79 percent of the total honey 

imported into the United States. These 

countries and their share of the imports 

are: China (28%), Argentina (21%), 

Vietnam (13%), Canada (10%), and 

India (8%). Imports accounted for 69 

percent of U.S. consumption in 2006, an 

increase of 18 percent, up from 51 

percent since 2002. In 2006, 155 million 

pounds of honey were produced in the 

United States, 279.4 million pounds 

were imported and 7.6 million pounds 

were exported. At the initial rate of 

$0.02 per pound, revenue for the 

Proposed U.S. Producer Order would be 

approximately $1.9 million in a twelve 

month period. 

This rule provides the procedures 

under which U.S. honey producers will 

vote on whether they want the Proposed 

U.S. Producer Order to be implemented. 

In accordance with the provisions of the 

1996 Act, subsequent referenda may be 

conducted, and it is anticipated that 

these procedures will apply. There are 

approximately 317 producers of honey 

will be eligible to vote in the first 

referendum. U.S. honey producers of 

less than 100,000 pounds of U.S. honey 

annually will be exempt from 

assessments and not eligible to vote in 

the referendum. 

USDA will keep these U.S. honey 

producers informed throughout the 

program implementation and 

referendum process to ensure that they 

are aware of and are able to participate 

in the program implementation process. 

USDA will also publicize information 

regarding the referendum process so 

that trade associations and related 

industry media can be kept informed. 

Voting in the referendum is optional. 

However, if U.S. honey producers 

choose to vote, the burden of voting will 

be offset by the benefits of having the 

opportunity to vote on whether or not 

they want to be covered by the Proposed 

U.S. Producer program. 

The information collection 

requirements contained in this rule are 

designed to minimize the burden on 

U.S. honey producers. This rule 

provides for a ballot to be used by 

eligible U.S. honey producers to vote in 

the referendum. The estimated total cost 

of providing information by an 

estimated 317 U.S. producers would be 

$317 or $1.00 per U.S. producers. 

USDA considered requiring eligible 

voters to vote in person at various 

USDA offices across the country. USDA 

also considered electronic voting, but 

the use of computers is not universal. 

Conducting the referendum from one 

central location by mail ballot will be 

more cost effective and reliable. USDA 

will provide easy access to information 

for potential voters through a toll free 

telephone line. 

There are no Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Paperwork Reduction Act 

In accordance with the OMB 

regulation [5 CFR 1320] which 

implements the Paperwork Reduction 

Act of 1995 [44 U.S.C. Chapter 35], the 

referendum ballot, which represents the 

information collection and 

recordkeeping requirements that may be 

imposed by this rule, was submitted to 

OMB for approval and will be approved 

under OMB number 0581–NEW. 

Title: U.S. Honey Producers Research, 

Promotion, and Consumer Information 

Order. 

OMB Number: 0581–NEW. 

Expiration Date of approval: 3 years 

from approval date. 

Title: New information collection for 

research and promotion programs. 

Type of Request: New information 

collection for research and promotion 

programs. 

Abstract: The information collection 

requirements in the request are essential 

to carry out the intent of the Act, to 

provide the respondents the type of 

service they request, and to administer 

the Order. The ballot is needed for the 

referendum that will be held to 

determine whether U.S. producers are 

in favor of the program. The information 

collected is used by USDA to determine 

whether a majority of the eligible U.S. 

producers voting in a referendum, who 

also represent a majority of the volume 

of U.S. honey and honey products, 

approve this program. 

Referendum Ballot 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 0.25 hours per 

response for each U.S. honey producer. 

Respondents: U.S. honey producers. 

Estimated Number of Respondents: 

317. 

Estimated Number of Responses per 

Respondent: 1 every 7 years (0.14). 

Estimated Total Annual Burden on 

Respondents: 11 hours. 

The ballot will be added to the other 

information collections approved for 

use under OMB Number 0581–NEW. 

The estimated annual cost of 

providing the information by an 

estimated 317 U.S. honey producers 

would be $317 or $1.00 per producer. 

Background 

The 1996 Act, which became effective 

on April 4, 1996, authorizes the 

Department to establish a national 

research and promotion program 

covering domestic and imported honey 

and honey products. The AHPA 

submitted the Proposed U.S. Producer 

Order on May 25, 2007, and 

modifications were made to the 

proposal to make it consistent with the 

1996 Act. Proposed rules on both the 

Proposed Order [74 FR 34182] and the 

Referendum Procedures [74 FR 34200] 

were published in the Federal Register 

on July 14, 2009 with a 60-day comment 

period. A second proposal addressing 

the comments received for the Proposed 

U.S. Producer Order is published in this 

issue of the Federal Register. 

The Proposed U.S. Producer Order 

would provide for the development and 

financing of an effective and 

coordinated program of promotion, 

research, and consumer and industry 

information for honey and honey 

products in the United States. The 

program would be funded by an 

assessment levied on U.S. honey 

producers at an initial rate of $0.02 per 

pound. U.S. honey producers of less 

than 100,000 pounds of U.S. honey 

annually will be exempt from 

assessments. At the initial rate of $0.02 

per pound, revenue for the Proposed 

U.S. Producer Order would be 

approximately $1.9 million in a twelve 

month period. 

The assessments would be used to 

pay for promotion, research, and 

consumer and industry information; 

administration, maintenance, and 

functioning of the U.S. Honey Producer 

Board; and expenses incurred by the 

Department in implementing and 


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18398 Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations 

administering the Order, including 

referendum costs. 

Section 1245.19 of the Proposed U.S. 

Producer Order provides for a 

referendum to be conducted among U.S. 

honey producers to determine whether 

they favor implementation of the 

program. That section also requires the 

Proposed U.S. Producer Order to be 

approved by a majority of U.S. honey 

producers who also represent a majority 

of the volume of U.S. honey produced. 

This rule establishes the procedures 

under which U.S. honey producers of 

honey may vote on whether they want 

the U.S. honey producer research, 

promotion, and consumer information 

program to be implemented. There are 

approximately 317 eligible voters. 

This action adds a new subpart 

establishing procedures to be used in 

this and future referenda. This subpart 

covers definitions, voting, instructions, 

use of subagents, ballots, the 

referendum report, and confidentiality 

of information. 

Proposed referendum procedures 

were published in the Federal Register 

on July 14, 2009. Copies of the proposed 

rule were made available by USDA and 

the Office of the Federal Register, and 

were also available via the Internet at 

www.regulations.gov. The proposed rule 

provided a 60-day comment period 

ending on September 14, 2009. No 

comments were received by the 

deadline. 

It is found that good cause exists for 

not postponing the effective date of this 

rule until 30 days after publication in 

the Federal Register (5 U.S.C. 553) so 

that a referendum may be scheduled as 

early in 2010 as possible. 

List of Subjects in 7 CFR Part 1245 

Administrative practice and 

procedure, Advertising, Consumer 

Education, Honey, Marketing 

agreements, Promotion, Reporting and 

recordkeeping requirements. 

■ For the reasons set forth in the 

preamble, Title 7, Chapter XI of the 

Code of Federal Regulations is amended 

by adding a new part 1245 to read as 

follows: 

PART 1245—U.S. HONEY PRODUCER 

RESEARCH, PROMOTION, AND 

CONSUMER INFORMATION ORDER 

Subpart A—[Reserved] 

Subpart B—Referendum Procedures 

Sec. 

1245.100 General. 

1245.101 Definitions. 

1245.102 Voting. 

1245.103 Instructions. 

1245.104 Subagents. 

1245.105 Ballots. 

1245.106 Referendum report. 

1245.107 Confidential information. 

1245.108 OMB control number. 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

Subpart A—[Reserved] 

Subpart B—Referendum Procedures 

§ 1245.100 General. 

Referenda to determine whether 

eligible U.S. producers favor the 

issuance, continuance, amendment, 

suspension, or termination of the U.S. 

Honey Producer Research, Promotion, 

and Consumer Information Order shall 

be conducted in accordance with this 

subpart. 

§ 1245.101 Definitions. 

(a) Administrator means the 

Administrator of the Agricultural 

Marketing Service, with power to redelegate, or any officer or employee of 

the U.S. Department of Agriculture to 

whom authority has been delegated or 

may hereafter be delegated to act in the 

Administrator’s stead. 

(b) Department means the U.S. 

Department of Agriculture or any officer 

or employee of the Department to whom 

authority has heretofore been delegated, 

or to whom authority may hereafter 

delegated, to act in the Secretary’s stead. 

(c) [Reserved] 

(d) Eligible producer means any 

person who produces 100,000 pounds 

or more of honey in any State for sale 

in commerce and is subject to pay 

assessments to the Board on such U.S. 

honey produced during the 

representative period and who: 

(1) Owns or shares in the ownership 

of honey bee colonies or beekeeping 

equipment resulting in the ownership of 

the U.S. honey produced; 

(2) Rents honey bee colonies or 

beekeeping equipment resulting in the 

ownership of all or a portion of the U.S. 

honey produced; 

(3) Owns honey bee colonies or 

beekeeping equipment but does not 

manage them and, as compensation, 

obtains the ownership of a portion of 

the U.S. honey produced; or 

(4) Is a party in a lessor-lessee 

relationship or a divided ownership 

arrangement involving totally 

independent entities cooperating only to 

produce honey that share the risk of loss 

and receive a share of the U.S. honey 

produced. No other acquisition of legal 

title to honey shall be deemed to result 

in persons becoming eligible producers. 

(f) Honey means the nectar and 

saccharine exudations of plants that are 

gathered, modified, and stored in the 

comb by honeybees, including comb 

honey. 

(g) Honey products mean products 

where honey is a principal ingredient. 

For purposes of this subpart, a product 

shall be considered to have honey as a 

principal ingredient, if the product 

contains at least 50 percent honey by 

weight. 

(h) Order means the U.S. Honey 

Producer Research, Promotion, and 

Consumer Information Order. 

(i) Person means any individual, 

group of individuals, partnership, 

corporation, association, cooperative, or 

any other legal entity. For the purpose 

of this definition, the term ‘‘partnership’’ 

includes, but is not limited to: 

(1) A spouse or marital partner who 

have title to, or leasehold interest in, 

honey bee colonies or beekeeping 

equipment as tenants in common, joint 

tenants, tenants by the entirety, or, 

under community property laws, as 

community property; and 

(2) So-called ‘‘joint ventures’’ wherein 

one or more parties to an agreement, 

informal or otherwise, contributed land 

and others contributed capital, labor, 

management, equipment, or other 

services, or any variation of such 

contributions by two or more parties, so 

that it results in the production, or 

handling for market and the authority to 

transfer title to the honey so produced, 

or handled. 

(j) Referendum agent or agent means 

the individual or individuals designated 

by the Department to conduct the 

referendum. 

(k) Representative period means the 

period designated by the Department. 

(l) United States or U.S. means 

collectively the 50 States, the District of 

Columbia, the Commonwealth of Puerto 

Rico, and the territories and possessions 

of the United States. 

§ 1245.102 Voting. 

(a) Each person who is an eligible U.S. 

producer and each person who is an 

eligible producer-packer, as defined in 

this subpart, at the time of the 

referendum and during the 

representative period, shall be entitled 

to cast one ballot in the referendum: 

However, each producer in a landlordtenant relationship or a divided 

ownership arrangement involving 

totally independent entities cooperating 

only to produce U.S. honey or honey 

products, in which more than one of the 

parties is a producer, shall be entitled to 

cast one ballot in the referendum 

covering only that producer’s share of 

the ownership of U.S. honey or honey 

products. 

(b) Proxy voting is not authorized, but 

an officer or employee of an eligible 

corporate producer may cast one ballot 

in the referendum on behalf of such 


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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations 18399 

entity. Any individual so voting in a 

referendum shall certify that they are an 

officer or employee of the eligible entity, 

or an administrator, executor, or trustee 

of an eligible entity and that such 

individual has the authority to take such 

action. Upon request of the referendum 

agent, the individual shall submit 

adequate evidence of such authority. 

(c) All ballots are to be cast by mail, 

as instructed by the Department. 

§ 1245.103 Instructions. 

(a) Referenda. The Order shall not 

become effective unless the Department 

determines that the Order is consistent 

with and will effectuate the purposes of 

the Act; and for initial and subsequent 

referenda the Order is favored by a 

majority of the eligible persons voting in 

the referendum who also represent a 

majority of the volume of U.S. honey 

produced, during a representative 

period determined by the Department, 

have been engaged in the production of 

honey and are subject to assessments 

under this Order and excluding those 

exempt from assessment under the 

Order. 

(b) The referendum agent shall 

conduct the referendum, in the manner 

provided in this subpart, under the 

supervision of the Administrator. The 

Administrator may prescribe additional 

instructions, not inconsistent with the 

provisions of this subpart, to govern the 

procedure to be followed by the 

referendum agent. Such agent shall: 

(1) Determine the period during 

which ballots may be cast. 

(2) Provide ballots and related 

material to be used in the referendum. 

The ballot shall provide for recording 

essential information, including that 

needed for ascertaining whether the 

person voting, or on whose behalf the 

vote is cast, is an eligible voter. 

(3) Give reasonable public notice of 

the referendum: 

(i) By utilizing available media or 

public information sources, without 

incurring advertising expense, to 

publicize the dates, places, method of 

voting, eligibility requirements, and 

other pertinent information. Such 

sources of publicity may include, but 

are not limited to, print and radio; and 

(ii) By such other means as the agent 

may deem advisable. 

(4) Mail to eligible U.S. producers 

whose names and addresses are known 

to the referendum agent, the 

instructions on voting, a ballot, and a 

summary of the terms and conditions of 

the Order. No person who claims to be 

eligible to vote shall be refused a ballot. 

(5) At the end of the voting period, 

collect, open, number, and review the 

ballots and tabulate the results in the 

presence of an agent of a third party 

authorized to monitor the referendum 

process. 

(6) Prepare a report on the 

referendum. 

(7) Announce the results to the 

public. 

§ 1245.104 Subagents. 

The referendum agent may appoint 

any individual or individuals necessary 

or desirable to assist the agent in 

performing such agent’s functions of 

this subpart. Each individual so 

appointed may be authorized by the 

agent to perform any or all of the 

functions which, in the absence or such 

appointment, shall be performed by the 

agent. 

§ 1245.105 Ballots. 

The referendum agent and subagents 

shall accept all ballots cast. However, if 

an agent or subagent deems that a ballot 

should be challenged for any reason, the 

agent or subagent shall endorse above 

their signature, on the ballot, a 

statement to the effect that such ballot 

was challenged, by whom challenged, 

the reasons therefore, the results of any 

investigations made with respect 

thereto, and the disposition thereof. 

Ballots invalid under this subpart shall 

not be counted. 

§ 1245.106 Referendum report. 

Except as otherwise directed, the 

referendum agent shall prepare and 

submit to the Administrator a report on 

the results of the referendum, the 

manner in which it was conducted, the 

extent and kind of public notice given, 

and other information pertinent to the 

analysis of the referendum and its 

results. 

§ 1245.107 Confidential information. 

The ballots and other information or 

reports that reveal, or tend to reveal, the 

vote of any person covered under the 

Order and the voter list shall be strictly 

confidential and shall not be disclosed. 

§ 1245.108 OMB control number. 

The control number assigned to the 

information collection requirement in 

this subpart by the Office of 

Management and Budget pursuant to the 

Paperwork Reduction Act of 1995, 44 

U.S.C. Chapter 35 is OMB control 

number 0581–0253. 

Dated: March 26, 2010. 

David R. Shipman, 

Acting Administrator. 

[FR Doc. 2010–7574 Filed 4–9–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM426; Special Conditions No. 

25–404–SC] 

Special Conditions: Modification to 

Boeing Model 737–600/–700/–700C/– 

800/–900 and –900ER Series Airplanes: 

Rechargeable Lithium Batteries and 

Rechargeable Lithium-Battery Systems 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Boeing 737–600/–700/– 

700C/–800/–900 and –900ER Series 

airplanes (hereafter referred to as 

‘‘Boeing 737NG’’). These airplanes, as 

modified by the Boeing Company, will 

have a novel or unusual design feature 

associated with the installation of 

rechargeable lithium batteries and 

rechargeable lithium-battery systems. 

The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: The effective date of these 

special conditions is April 5, 2010. We 

must receive your comments by May 27, 

2010. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM426, 1601 Lind 

Avenue SW., Renton, Washington, 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM426. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Nazih Khaouly, ANM–111, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington, 98057–3356; 

telephone (425) 227–2432; facsimile 

(425) 227–1320. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions are 

impracticable because these procedures 


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