11014 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and 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: 

2009–06–02 Boeing: Amendment 39–15838. 

Docket No. FAA–2008–1072; Directorate 

Identifier 2008–NM–109–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective April 20, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747– 

100, 747–100B, 747–100B SUD, 747–200B, 

747–200C, 747–200F, 747–300, 747–400, 

747SR, and 747SP series airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin 747–53A2682, 

dated May 8, 2008. 

Unsafe Condition 

(d) This AD results from a wide-spread 

fatigue damage assessment of Model 747 

airplanes. We are issuing this AD to detect 

and correct cracks in the fuselage skin that 

can propagate and grow, resulting in a loss 

of structural integrity and sudden 

decompression of the airplane during flight. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspections/Repair 

(f) Except as provided by paragraphs (g) 

and (h) of this AD: At the applicable 

compliance times specified in paragraph 1.E. 

of Boeing Alert Service Bulletin 747– 

53A2682, dated May 8, 2008 (‘‘the service 

bulletin’’), do an external detailed inspection 

or external high frequency eddy current 

inspection for skin cracks at the shear tie end 

fastener locations of the fuselage frames, and 

repair any skin cracks before further flight, by 

accomplishing all of the applicable actions 

specified in the Accomplishment 

Instructions of the service bulletin. Repeat 

the applicable inspection thereafter at the 

applicable interval specified in paragraph 

1.E. of the service bulletin. 

Exceptions to the Service Bulletin 

(g) Where paragraph 1.E. of Boeing Alert 

Service Bulletin 747–53A2682, dated May 8, 

2008, specifies counting the compliance time 

from ‘‘* * * the date on this service 

bulletin,’’ this AD requires counting the 

compliance time from the effective date of 

this AD. 

(h) If any crack is found in a structural 

repair manual skin repair during any 

inspection required by paragraph (f) of this 

AD, and Boeing Alert Service Bulletin 747– 

53A2682, dated May 8, 2008, specifies to 

contact Boeing for repair: Before further 

flight, repair using a method approved in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(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: Ivan 

Li, Aerospace Engineer, Airframe Branch, 

ANM–120S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6437; fax (425) 917–6590. 

(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 an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who 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 

(j) You must use Boeing Alert Service 

Bulletin 747–53A2682, dated May 8, 2008, 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, P.O. Box 3707, Seattle, 

Washington 98124–2207; telephone 206– 

544–9990; fax 206–766–5682; e-mail 

DDCS@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 February 

27, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–4973 Filed 3–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0214; Directorate 

Identifier 2007–NM–343–AD; Amendment 

39–15851; AD 2009–06–14] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Model F.27 Mark 050 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11015 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Fokker Model F.27 Mark 050 airplanes. 

This AD requires measuring the length 

of the extended portion of the sliding 

member of the main landing gear, 

performing an inspection for the 

presence of lockwiring, and doing 

corrective actions if necessary. This AD 

results from a report that the sliding 

member of the main landing gear has 

been overextended after landing. We are 

issuing this AD to detect and correct 

improper installation of the lockwire on 

the two lockbolts that hold the sliding 

member end stop, which could result in 

structural damage of the main gear and 

loss of control of the airplane during the 

landing roll, due to main landing gear 

overextension. 

DATES: This AD becomes effective 

March 31, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of March 31, 2009. 

We must receive comments on this 

AD by April 15, 2009. 

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 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Fokker Services B.V., 

Technical Services Dept., P.O. Box 231, 

2150 AE Nieuw-Vennep, the 

Netherlands; Telephone +31 (0)252– 

627–350; fax +31 (0)252–627–211; email technicalservices.fokkerservices

@stork.com; Internet http:// 

www.myfokkerfleet.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 street address for 

the Docket 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: Tom 

Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1137; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Civil Aviation Authority—The 

Netherlands (CAA–NL), which is the 

airworthiness authority for the 

Netherlands, notified us that an unsafe 

condition might exist on certain Fokker 

Model F.27 Mark 050 airplanes. The 

CAA–NL advises that there has been a 

report that the sliding member of the 

main landing gear has been 

overextended after landing. During 

subsequent investigation, it was found 

that an end stop had unscrewed itself to 

a certain extent, and that there was no 

lockwiring present on the two lockbolts 

that hold the end stop. The unscrewed 

end stop caused the gear torque links of 

the main landing gear to come into an 

overextended position against the 

sliding member. This condition, if not 

corrected, could result in structural 

damage of the main gear and loss of 

control of the airplane during the 

landing roll, due to main landing gear 

overextension. 

Relevant Service Information 

Fokker has issued Service Bulletin 

SBF50–32–039, dated July 2, 2007, 

which describes procedures for 

measuring the length of the extended 

portion of the sliding member of the 

main landing gear, and performing an 

inspection for the presence of 

lockwiring on the lock bolts of the two 

end stops, and doing corrective actions 

if necessary. Corrective actions include 

applying lockwiring if not installed or 

installed incorrectly. 

Accomplishing the actions specified 

in the service information is intended to 

adequately address the unsafe 

condition. The CAA–NL mandated the 

service information and issued Dutch 

airworthiness directive NL–2007–002, 

dated October 31, 2007 (referred to after 

this as ‘‘the MCAI’’), to ensure the 

continued airworthiness of these 

airplanes in the Netherlands. 

Fokker Service Bulletin SBF50–32– 

039, dated July 2, 2007, refers to 

Messier-Dowty Service Bulletin F50– 

32–62, dated January 17, 2007, as an 

additional source of service information 

for measuring the length of the extended 

portion of the sliding member of the 

main landing gear, performing an 

inspection for the presence of 

lockwiring on the lock bolts of the two 

end stops, and installing new 

lockwiring when lockwiring is missing 

or installed incorrectly. 

FAA’s Determination and Requirements 

of This 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. 

Therefore, we are issuing this AD to 

detect and correct improper installation 

of the lockwire on the two lockbolts that 

hold the sliding member end stop, 

which could result in structural damage 

of the main gear and loss of control of 

the airplane during the landing roll, due 

to main landing gear overextension. 

This AD requires accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Differences 

Between the AD and the MCAI.’’ 

Differences Between the AD and the 

MCAI 

The MCAI specifies only to inspect 

for the presence of lockwiring if 

overextension is found. However, 

Messier-Dowty Service Bulletin F50– 

32–62, dated January 17, 2007, also 

specifies to inspect if the measurement 

has increased between inspections. This 

AD requires inspection for the presence 

of lockwiring if overextension is found 

or the measurement of the repeat 

inspection has increased by 1.0 mm 

compared to a previous inspection. We 

have coordinated this difference with 

CAA–NL. 

Costs of Compliance 

None of the airplanes affected by this 

action are on the U.S. Register. All 

airplanes affected by this AD are 

currently operated by non-U.S. 

operators under foreign registry; 

therefore, they are not directly affected 

by this AD action. However, we 

consider this AD necessary to ensure 

that the unsafe condition is addressed if 

any affected airplane is imported and 

placed on the U.S. Register in the future. 

If an affected airplane is imported and 

placed on the U.S. Register in the future, 

the required actions would take about 8 

work hours per airplane, at an average 

11016 Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 

labor rate of $80 per work hour. 

Required parts would cost about $1,082 

per airplane. Based on these figures, the 

estimated cost of the AD would be 

$1,722 per airplane. 

FAA’s Determination of the Effective 

Date 

No airplane affected by this AD is 

currently on the U.S. Register. 

Therefore, providing notice and 

opportunity for public comment is 

unnecessary before this AD is issued, 

and this AD may be made effective in 

less than 30 days after it is published in 

the Federal Register. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2009–0214; Directorate Identifier 2007– 

NM–343–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this AD because of 

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 AD. 

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 have determined that 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 the 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 AD and placed it in the AD docket. 

See the ADDRESSES section for a location 

to examine the regulatory evaluation. 

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 Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2009–06–14 Fokker Services B.V.: 

Amendment 39–15851. Docket No. 

FAA–2009–0214; Directorate Identifier 

2007–NM–343–AD. 

Effective Date 

(a) This AD becomes effective March 31, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Fokker Model 

F.27 Mark 050 airplanes, certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

Unsafe Condition 

(e) This AD results from a report that the 

sliding member of the main landing gear has 

been overextended after landing. We are 

issuing this AD to detect and correct 

improper installation of the lockwire on the 

two lockbolts that hold the sliding member 

end stop, which could result in structural 

damage of the main gear and loss of control 

of the airplane during the landing roll, due 

to main landing gear overextension. 

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. 

Measurement, Inspection, and Corrective 

Actions 

(g) Within 500 flight cycles after the 

effective date of this AD, measure the length 

of the extended portion of the sliding 

member of the main landing gear in 

accordance with the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF50–32–039, dated July 2, 2007. Repeat 

the measurement at intervals not to exceed 

500 flight cycles until the requirements of 

paragraph (g) have been completed. 

(h) At the applicable time in paragraph 

(h)(1) or (h)(2) of this AD, perform an 

inspection for the presence and correct 

installation of lockwiring on the two end stop 

lock bolts of the main landing gear, in 

accordance with the Accomplishment 

Instructions of Fokker Service Bulletin 

SBF50–32–039, dated July 2, 2007. If 

lockwiring is not present or is not installed 

correctly, install lockwiring before further 

flight in accordance with Fokker Service 

Bulletin SBF50–32–039, dated July 2, 2007. 

(1) During any measurement required by 

paragraph (g) of this AD, if overextension is 

found, or the measurement has increased by 

1.0 millimeter (mm) or more compared to the 

previous measurement, inspect before further 

flight. 

(2) If no overextension is found and the 

measurement has not increased by 1.0 mm or 

more between measurements during the 

measurements required by paragraph (g) of 

this AD, inspect within 4,000 flight hours 

after the effective date of this AD. 

Note 1: Fokker Service Bulletin SBF50–32– 

039, dated July 2, 2007, refers to MessierDowty Service Bulletin F50–32–62, dated 

January 17, 2007, as an additional source of 

service information for measuring the length 

of the extended portion of the sliding 

member of the main landing gear, performing 

an inspection for the presence of lockwiring 

on the lock bolts of the two end stops, and 

installing new lockwiring. 

(i) If, during any measurement required by 

paragraph (g) of this AD, overextension is 

found or the measurement has increased by 

1.0 mm or more compared to the previous 

measurement; or if, during any inspection 

required by paragraph (h) of the AD, 

lockwiring is not present or is not installed 

correctly; submit a report to Fokker Services 

B.V., Technical Services Dept., P.O. Box 231, 

2150 AE Nieuw-Vennep, the Netherlands; 

facsimile (31) 252–627–211; e-mail 

technicalservices.fokkerservices@stork.com, 

Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Rules and Regulations 11017 

at the applicable time specified in paragraph 

(i)(1) or (i)(2) of this AD. The report must 

include any finding of overextension or 

incorrect lockwiring to Fokker Services B.V., 

Technical Services Dept., P.O. Box 231, 2150 

AE Nieuw-Vennep, the Netherlands; 

facsimile (31) 252–627–211. Under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) If the inspection or measurement was 

done on or after the effective date of this AD: 

Submit the report within 30 days after the 

inspection or measurement, as applicable. 

(2) If the inspection or measurement was 

accomplished prior to the effective date of 

this AD: Submit the report within 30 days 

after the effective date of this AD. 

(j) As of 5 months after the effective date 

of this AD: No person may install a main 

landing gear on any airplane unless Part B of 

Messier-Dowty Service Bulletin F50–32–62, 

dated January 17, 2007, has been 

accomplished for that part. 

Alternative Methods of Compliance 

(AMOCs) 

(k) The Manager, International Branch, 

ANM–116, 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: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; 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. 

Related Information 

(l) Civil Aviation Authority—The 

Netherlands (CAA–NL) Airworthiness 

Directive NL–2007–002, dated October 31, 

2007, also addresses the subject of this AD. 

Material Incorporated by Reference 

(m) You must use Fokker Service Bulletin 

SBF50–32–039, dated July 2, 2007; and 

Messier-Dowty Service Bulletin F50–32–62, 

dated January 17, 2007; as applicable; to 

perform the actions that are required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

these documents in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For Fokker service information 

identified in this AD, contact Fokker Services 

B.V., Technical Services Dept., P.O. Box 231, 

2150 AE Nieuw-Vennep, the Netherlands; 

Telephone +31 (0)252–627–350; fax +31 

(0)252–627–211; e-mail 

technicalservices.fokkerservices@stork.com; 

Internet http://www.myfokkerfleet.com. 

(3) For Messier-Dowty service information 

identified in this AD, Messier-Dowty 

Limited, Cheltenham Road, Gloucester, GL2 

9QH, England; Telephone +44 (0) 1452 

711732; fax +44 (0) 1452 713821. 

(4) You may review copies of this 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. 

(5) 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 February 

27, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5007 Filed 3–13–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 950 

[Docket No: 090113018–9019–01] 

RIN 0648–AX74 

Schedule of Fees for Access to NOAA 

Environmental Data, Information, and 

Related Products and Services 

AGENCY: National Environmental 

Satellite, Data and Information Service 

(NESDIS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, NESDIS 

establishes a new schedule of fees for 

the sale of its data, information, and 

related products and services to users. 

NESDIS is revising the fee schedule to 

ensure that the fees accurately reflect 

the costs of providing access to the 

environmental data, information, and 

related products and services. NESDIS 

is authorized under 15 U.S.C. 1534 to 

assess fees, up to fair market value, for 

access to environmental data, 

information, and products derived from, 

collected, and/or archived by NOAA. 

Other than depreciation, costs to 

upgrade computer hardware and 

software systems will not be included in 

the fees charged to users. 

DATES: Effective Date: May 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Linda Neely (301) 713–3305. 

SUPPLEMENTARY INFORMATION: 

Background 

NESDIS operates NOAA’s National 

Data Centers for Climate, Geophysics, 

Oceans, and Coasts. Through these Data 

Centers, NESDIS provides and ensures 

timely access to global environmental 

data from satellites and other sources, 

provides information services, and 

develops science products. 

NESDIS maintains some 1,300 data 

bases containing over 2,400 

environmental variables at three 

National Data Centers and seven World 

Data Centers. These centers respond to 

over 2,000,000 requests for these data 

and products annually from over 70 

countries. This collection of 

environmental data and products is 

growing exponentially, both in size and 

sophistication. 

Users have the ability to access the 

data offline, online and through the 

NESDIS e-Commerce System (NeS) 

online store. Our ability to provide these 

data, information, products and services 

depends on user fees. 

New Fee Schedule 

The new fee schedule lists both the 

current fee charged for each item and 

the new fee to be charged to users that 

will take effect beginning May 1, 2009. 

The schedule applies to the listed 

services provided by NESDIS on or after 

this date, except for products and 

services covered by a subscription 

agreement in effect as of this date that 

extends beyond this date. In those cases, 

the increased fees will apply upon 

renewal of the subscription agreement 

or at the earliest amendment date 

provided by the agreement. 

NESDIS will continue to review the 

user fees periodically, and will revise 

such fees as necessary. Any future 

changes in the user fees and their 

effective date will be announced 

through notice in the Federal Register. 

Classification 

This rule has been determined to be 

not significant for purposes of E.O. 

12866. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking and the opportunity for 

public participation are inapplicable 

because this rule falls within the 

proprietary exception of subparagraph 

(a)(2) of section 553. Further, no other 

law requires that a notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule under 5 U.S.C. 553 or 

by any other law, the requirements of